The Anti-Violence Against

Women and their Children Act

of 2004 (R.A. 9262)
What is Republic Act No. 9262

 It is a special law protecting women and their children from all

forms of abuse and violence committed by their intimate
partners.
 Landmark legislation enacted on March 8, 2004
 Defines forms of violence against women; penalizes such acts;
and provides protective measures and remedies
People of the Philippines vs. Marivic Genosa
(GR No. 135981, January 15, 2004)

 The trial court convicted Marivic Genosa for parricide. The Supreme Court
affirmed the conviction but reduced her sentence from 14 to 6 years after
finding two mitigating circumstances. The SC found her to be suffering from
the battered wife syndrome, which was considered as a mental illness that
diminished the exercise of her will-power without depriving her of the
consciousness of her acts.
 A battered woman has been defined as a woman who is repeatedly subjected
to any forceful physical or psychological behavior by a man in order to coerce
her to do something he wants her to do without concern for her rights.
 After this case was decided by the Supreme Court, RA 9262 was enacted into
law.
BATTERED WOMAN SYNDROME AS A
DEFENSE
(Sec. 26, RA 9262)
 BWS refers to a scientifically defined pattern of psychological and
behavioral symptoms found in battered women as a result of a long
history of abuse. (Sec. 3c)
 To invoke BWS as a defense, the couple must go through the
battering cycle at least twice. The so-called “cycle of violence” has 3
phases: (1) tension building phase; (2) Acute battering incident; (3)
tranquil, loving or nonviolent phase
 Victim-survivors suffering from BWS do not incur any criminal and
civil liability notwithstanding the absence of any of the elements for
justifying circumstances of self-defense under the Revised Penal
Code.
REPUBLIC ACT 9262 : LEGISLATIVE
HISTORY

 Effetivity: March 27, 2004

 Violence against women refers to any act or series of
acts committed by an intimate partner against a
woman or her children, of which results in physical,
sexual, psychological or economic abuse.
Who are the victims of VAWC (Sec. 3)

 Wife or former wife;

 A woman with whom the abuser has or had a sexual or dating
relationship;
 A woman with whom the abuser has a common child, whether
legitimate or illegitimate;
 The child of the woman, below eighteen (18) years of age or
older but are incapable of taking care of themselves as defined
under Republic Act No. 7610
Who are the abusers liable under RA 9262

Intimate partners, who are:

 Husband or former husband
 Boyfriend or ex-boyfriend
 Live-in partner or former live-in partner
 One with whom the woman has a common child
 One with whom the woman has/had a dating
relationship or sexual relationship
Is VAWC committed by MEN alone?

 Women can also be liable. These are lesbian

partners/girlfriends or former
partners/girlfriends of the victim with whom
she has or had a sexual or dating relationship.
FOUR ACTS OF ABUSE UNDER RA 9262 (Sec.
3)

Physical violence
Sexual violence
Psychological violence
Economic abuse
PHYSICAL VIOLENCE

 Acts that include bodily or physical harm (battery)

 Causing/threatening/attempting to cause physical
harm to the woman or her child
 Placing the woman or her child in fear of imminent
physical harm
SEXUAL VIOLENCE

 Rape, Sexual Harassment and Acts of lasciviousness;

 Treating the woman or her child as sexual object;
 Making demeaning and sexually suggestive remarks;
 Physically attacking the sexual parts of the victim’s body;
 forcing her to watch obscene or indecent shows, or forcing the woman or
the child to do indecent acts or make films;
 forcing the wife and mistress to live in the conjugal home or sleep
together in the same room with the abuser; and
 Prostituting the woman or her child
PSYCHOLOGICAL VIOLENCE
Acts or omissions causing or likely to cause mental or emotional suffering of the
victim

 Intimidation
 Stalking
 Damage to property
 Public ridicule or humiliation
 Repeated verbal abuse
 Marital infidelity
 Threatening or actually depriving the woman of the right to
custody and/or visitation of common children
 Injury to pets
ECONOMIC ABUSE
Acts that make a woman financially depedent upon her abuser

 Preventing the Woman from engaging in any legitimate

profession/business;
 Depriving the woman of financial resources and right to the use of the
conjugal property
 Controlling the woman’s own money or property/conjugal money; and
 Destroying household property
 If the if a man is simply not paying support, he is not liable under RA 9262
UNLESS he is withholding the support as a means to punish, abuse or keep
the woman financially dependent on him
REMEDIES OF VICTIMS UNDER RA
9262

 File a criminal complaint for violation of RA 9262

 Apply for a protection order (independent action or
incident to civil or criminal action and other remedies)

 Anycitizen may file since VAWC is a PUBLIC

CRIME
PENALTIES UNDER VAWC (Sec. 6)

 Offenders proven in court to be guilty of the crime

shall be penalized with:
 Imprisonment ranging from 1 month and 1 day to 20
years
 Payment of Fine of P100,000.00 to P300,000.00
 Payment of mandatory psychological counselling or
psychiatric treatment
WHAT IS A PROTECTION ORDER? (Sec. 8)
 An order issued under this Act for the following PURPOSES:
(1) to prevent further acts of violence against the victim;
(2) to safeguarde the victim from further harm;
(3) to minimize disruption in victim’s daily life; and
(4) to give her opportunity to regain control of her life.
 Three types:
a) Barangay Protection Order (BPO)
b) Temporary Protection Order (TPO)
c) Permanent Protection Order (PPO)
 KIND EFFECTIVI WHERE WHEN PROCEDUR
TY FILED ISSUED E
Barangay 15 days, not Barangay Upon filing of Ex parte
Protection extendible application
Order (BPO)

Temporary 30 days, Court Upon filing of Ex parte

Protection extendible until application
after application
Order (TPO) for PPO is
decided

Permanent Valid until Court After notice and Adversarial

Protection revoked by hearing
court upon
Order (PPO) application by
victim
BARANGAY PROTECTION ORDER (Sec. 14)

 Protection order issued by the Punong Barangay

ordering the perpetrator to desist from committing
acts under Sec. 5 (a) and (b) of R.A. 9262. BPO is
effective for 15 days. This is applied by the applicant
on the barangay where she resides in accordance with
Sec. 409 of the LGC of 1991.
 WHO MAY FILE PETITION FOR BPO (Sec. 9)
VAWC is considered a public offense, which may be prosecuted upon the filing of a complaint by
any citizen having personal knowledge of its commission.
1. The offended party
2. The parents or guardians of the offended party
3. The ascendants, descendants or collateral relatives within the fourth civil degree
4. Officers or social workers of the DSWD or social workers of local government units
5. Police officers, preferably those in charge of women and childrens desks
6. Punong barangay or barangay kagawad
7. Lawyer, counselor, therapist or healthcare provider of the petitioner
8. At least two (2) concerned responsible citizens where the VAWC occurred and who
has personal knowledge of the offense committed
HOW TO GET A BPO (Sec. 11 & 14)

1) Applicant shall go to the Punong Barangay or if PB is not available,

to any available Barangay Kagawad and apply for a BPO.
2) The application must be in writing, signed and under oath.
3) It shall be attested before the Punong Barangay who has jurisdiction
over the application.
4) The Punong Barangay or Barangay Kagawad must issue the BPO on
the same day of application, immediately upon the conclusion of the
ex parte proceedings.
 DUTIES OF BARANGAY OFFICIALS
AND LAW ENFORCERS (Sec. 30)
1) Respond immediately to a call for help or request for assistance or protection of the victim by entering the
necessary whether or not a protection order has been issued and ensure the safety of the victim/s;
2) Confiscate any deadly weapon in the possession of the perpetrator or within plain view;
3) Transport or escort the victim/s to a safe place of their choice or to a clinic or hospital;
4) Assist the victim in removing personal belongings from the house;
5) Assist the barangay officials and other government officers and employees who respond to a call for help;
6) Ensure the enforcement of the Protection Orders issued by the Punong Barangay or the courts;
7) Arrest the suspected perpetrator without a warrant when any of the acts of violence defined by this Act is
occurring, or when he/she has personal knowledge that any act of abuse has just been committed, and there is
imminent danger to the life or limb of the victim as defined in RA 9262;
8) Immediately report the call for assessment or assistance of the DSWD, SOCIAL Welfare Department of LGUs
or accredited non-government organizations (NGO)
Remedy of woman if refused BPO within 24
hrs of application

1) She can file an administrative case against the barangay

official for failure to perform his/her duties. Filed with the
Sangguniang Panglungsod or Bayan.
2) Go to the police station to complain against perpetrator.
3) Go to the Clerk of Court of the Family Court where she lives
and request assistance in filing for PO.
VAWC LEAVE (Sec. 43)

 Victims under this Act shall be entitled to take a paid leave of

absence up to ten (10) days in addition to other paid leaves
under the Labor Code and Civil Service Rules and Regulations,
extendible when the necessity arises as specified in the
protection order. (Sec. 43)
Can the Barangay officials mediate or
conciliate? (Sec. 33)

 No. Conciliation and mediation of acts of violence against

women and their children are not allowed under this law.

 Sec. 33 RA 9262 amended sections 410-413 of the LGC.

 The barangay officials, police or social workers should
not attempt to mediate or influence the woman to give up
her legal action or application for BPO.
Thank you! Have a great day!

 Excerpts from pcw.gov.ph