Proposed Topic: RA 9262 or Anti-Violence Against Women and Their Children

Act of 2004 (Anti-VAWC Act) and RA 7610 or An Act Providing for Stronger
Deterrence and Special Protection against Child Abuse, Exploitation, and
Discrimination for other Purpose (Anti-child Abuse Law)
Objectives:
1. To be able to discuss to students the common forms of domestic
violence, their rights and the remedies available to them.
2. To educate students about child abuse, its forms, and the protection
provided by law for them.
Outline
A. RA 9262 or Anti-Violence Against Women andTheir Children Act of
2004 (Anti-VAWC Act)
I. Overview
Republic Act No. 9262, otherwise known as "Anti-Violence Against Women
and Their Children Act of 2004" (VAWC) is a law which protects women
and their children from violence in keeping with the fundamental
freedoms guaranteed under the Constitution and the Provisions of the
Universal Declaration of Human Rights, the convention on the Elimination
of all forms of discrimination Against Women, Convention on the Rights of
the Child and other international human rights instruments of which the
Philippines is a party. (Section 2 R.A. 9262)
II. Who are protected?
Women and their children.
Woman
who is his wife or former wife, OR
with whom s/he has or had a dating or sexual relationship, OR
with whom he has a common child
Children
the children of the abused woman, below 18 years old, legitimate
or illegitimate, or 18 years old and above who are incapable of
taking care of themselves because of their physical or mental
disability.
include those who are not the woman's biological children but
ALSO those who are under her care.
III. Who

are liable?
husbands, former husbands
present and former boyfriends or live-in partners
those with whom the woman has a common child
a man or woman with whom she has/had a sexual or dating
relationship

lesbian partners or former lesbian partners can be liable under

"sexual or dating relationship"

IV. What acts are prohibited?

1. Economic abuse -acts that make or attempt to make a woman
financially dependent which includes, but is not limited to the
following:
withdrawal of financial support or preventing the victim from
engaging in any legitimate profession, occupation, business or
activity, except in cases wherein the other spouse/partner objects
on valid, serious and moral grounds as defined in Article 73 of the
Family Code;
deprivation or threat of deprivation of financial resources and the
right to the use and enjoyment of the conjugal, community or
property owned in common;
destroying household property;
controlling the victims' own money or properties or solely
controlling the conjugal money or properties.
Examples: not giving adequate financial support to the wife and/or
minor children, controlling the conjugal business, conjugal or
community property, or the woman's own money
2. Psychological violence acts or omissions causing or likely to cause
mental or emotional suffering of the victim such as but not limited to
intimidation, harassment, stalking, damage to property, public
ridicule or humiliation, repeated verbal abuse and mental infidelity. It
includes causing or allowing the victim to witness the physical,
sexual or psychological abuse of a member of the family to which
the victim belongs, or to witness pornography in any form or to
witness abusive injury to pets or to unlawful or unwanted deprivation
of the right to custody and/or visitation of common children
Examples: marital infidelity, repeated verbal abuse, public
humiliation, threatening the woman that she will lose custody of her
child, stalking or following the woman in her workplace, school, or
any public or private place without justification
3. Physical abuse - acts that include bodily or physical harm
Examples: physical injuries, frustrated parricide
4. Sexual violence an act which is sexual in nature, committed
against a woman or her child, including but not limited to:
rape, sexual harassment, acts of lasciviousness, treating a
woman or her child as a sex object, making demeaning and
sexually suggestive remarks, physically attacking the sexual
parts of the victim's body, forcing her/him to watch obscene
publications and indecent shows or forcing the woman or her
child to do indecent acts and/or make films thereof, forcing the

wife and mistress/lover to live in the conjugal home or sleep

together in the same room with the abuser;
acts causing or attempting to cause the victim to engage in any
sexual activity by force, threat of force, physical or other harm
or threat of physical or other harm or coercion;
Prostituting the woman or child.

V. Remedies
The woman and/or her child can file any or all of the following:
1. Barangay Protection Order
2. Temporary and Permanent Protection Order
3. Independent civil action for damages
4. Criminal action for violation of the Anti-VAWC Act
B. RA 7610 or Anti-child Abuse Law
I.

Who are protected?

Children
Persons below 18 years of age OR
Those who are over 18 but are unable to fully take care of
themselves or protect themselves.
II. Who are liable?
Any person who commits any of the punishable/ prohibited acts.

III. What acts are prohibited?

1. Child Abuse- maltreatment, whether habitual or not, of the child
which includes any for the following:
a. Psychological and physical abuse, neglect, cruelty, sexual
abuse and emotional maltreatment;
2. Any act by deeds or words which debases, degrades, or
demeans the intrinsic worth and dignity of a child as a human
being;
3. Unreasonable deprivation of his basic needs for survival, such
as food and shelter; or
4. Failure to immediately give medical treatment to an injured
child resulting in serious impairment of his growth and
development or in his permanent incapacity or death.
2. Child prostitution and other Sexual Abuse
Elements:
1. Children, whether male or female
2. For money OR profit OR any other consideration OR due to
coercion OR influence
3. Of any ADULT, SYNDICATE, or GROUP
4. Indulge in sexual intercourse or lascivious conduct

3. Attempt to Commit Child Prostitution

4. Child trafficking
Elements:
1. Any person who shall engage in
2. Trading and dealing with children including, but not limited
3. to, the act of buying and selling a child for money, and for
4. any other consideration, or barter.
5. Attempt to commit child trafficking
6. Obscene publications and indecent shows
Elements:
a. A child is employed, used, persuaded, induced, or coerced
b. To perform in obscene exhibitions and indecent shows, whether
live or in video, or model in obscene publications or pornographic
materials
c. Such materials are distributed
7. Other acts if Neglect, Abuse, Cruelty or Exploitation and other
conditions Prejudicial to the Childs Development
a. Violation of Art. 59, PD 603
b. Keeping in his company a minor, 12 years or under or 10
years younger than the person liable, in any public or private
place, hotel, motel, beer joint, discotheque, cabaret, pension
house, sauna or massage parlor, beach resort, etc.
c. Inducement, delivery, or offering of a minor for the above
mentioned act
d. Use, coercion, forcing, or intimidating a street child or any
other child to
i. Beg or use begging as a means of living;
ii. Acts as conduit or middlemen in drug trafficking or
pushing; or
iii. Conduct any illegal activities
8. Violation of working conditions for Minors as provided in this law and
the Labor Code
IV. Who may file a Complaint?
1. Offended party;
2. Parents or guardians;
3. Ascendant or collateral relative within the third degree of
consanguinity;
4. Officer, social worker or representative of a licensed child-caring
institution;
5. Officer or social worker of the DSWD;
6. Barangay Chairman; or

7. At least 3 concerned responsible citizens where the violation

occurred.