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Aggabao, Ayento, Romano

SPL
RA 9262 Anti-VAWC

Anti-Violence Against Women and Their Children Act of 2004 (VAWC)
REPUBLIC ACT NO. 9262

I. INTRODUCTION
Since time immemorial woman and children were victims of all kind and sort of violence in
the society. They were regarded as no more than household fixtures and, therefore, men’s
chattels. Women and children have suffered violence in the guise of conjugal rights and paternal
discipline, respectively. Women’s vulnerability and traditionally lower social status have made
them subject to male authority and abuse. Thus, it’s safe to say that gender violence, mostly
against women, is imbedded in the context of cultural, socio-economic and political power
relations in almost, if not all parts in the world.
The ill effects of violence on women cannot be overstated. Violence or the threat of violence
shrinks the range of choices open to women in almost every sphere of life, private or public. It
limits their choices directly by destroying their health, disrupting their lives, constructing the
scope of their activity, and, indirectly, by eroding their self-confidence and self-esteem.
Historical data demonstrate that abused women and children are not twentieth century
phenomenon.
The Roman Law of persons recognized the power of the father over his wife and children
(patria potestas) which gave him control over life and death, thus, of uncontrolled corporeal
chastisement by a man of his wife and children and other members of his family.1

1 Supreme Court Issuance Re: Rule On Violence Against Women And Their Children

Aggabao, Ayento, Romano
SPL
RA 9262 Anti-VAWC

In England, in the middle ages “the husband, by the old law, might give the wife moderate
correction; for as he was to answer for her misbehavior, he ought to have the power to control
her; but that in the polite reign of Charles II this power of correction began doubted.” 2 In the
course of time the English common law gave the men absolute authority over their wives and
children. For instance, the “Rule of Thumb” which permitted a husband to beat his wife and
children with a rod no thicker than his thumb. While this rule was intended to protect women
from severe beating, it instead gave men the license to beat their wives. 3
In early American history, several states passed laws prescribing the extent to which
punishment could be meted out to men who beat their wives but an attempt in 1886 to pass a law
forbidding wife beating in Pennsylvania failed. In 1910, the Federal Supreme Court ruled that a
wife did not have cause for action on an assault and battery charge against her husband. The
court felt that such a ruling would open the doors of the courts to accusations of all sorts of one
spouse against other and bring into public notice complaints for assault, slander, and libel.4
As the pervasiveness of violence against women unfolded, a sense of urgency to find
effective means to prevent violence from different cultures and settings led to the enactment by
several States of gender-specific comprehensive domestic violence legislation.

2 Blackstone’s Com. 444 as cited in State v. Rhodes, 61 N.C. 453, Philipps Law 453, 98 Am Dec. 78(1868)

3 V. Wiehe, Understanding Family Violence, (1998)

4 Thomson vs. Thomson, 218 U.S. 611,617 (1910)

Aggabao, Ayento, Romano
SPL
RA 9262 Anti-VAWC

Violence against women (VAW) has captured the attention of the government and legislators
in the Philippines, propelled by the demand of a growing women’s human rights movement and
the Convention on the Elimination of All Forms of Discrimination Against Women, its Optional
Protocol as well as other international conventions. The Beijing Conference on Women in 1995
heightened the demand of women’s rights advocates for laws protecting women from violence.
Progressive reforms in laws protecting women

was brought about by several factors

beginning with the democratization process that began in the 1986 People Power Revolution
after the fall of the Marcos dictatorship, the 1987 Constitution that has specific provisions on the
rights of women and fundamental equality before the law of men and women, the increasing
number of women’s organizations in the provinces with links to Metro Manila based women’s
rights organizations,5 and the participation of women legislations who are becoming increasingly
aware of the need for gender equality and the elimination of VAW. This period marks the
contribution of women legislators who were elected in the 1988 elections and thereafter.
The legal instruments recognizing women’s right was embodied in no other than the
fundamental law, the Constitution. Thus, it provides that “the State recognizes the role of women
in nation building, and shall ensure the fundamental equality before the law of women and
men.”6 Moreover, “the State guarantees full respect for human rights” 7 as well as protection for
5 Such as Kalayaan, Pilipina, Women’s Crisis Center, Inc., SIBOL, Likhaan and Kalakasan.

6 Sec. I4, Art. II, 1987 Constitution

7 Sec. 11, Art. II, 1987 Constitution

Aggabao, Ayento, Romano
SPL
RA 9262 Anti-VAWC

working women by providing safe and healthful working conditions, taking into account their
maternal functions, and such facilities and opportunities that will enhance their welfare and
enable them to realize their full potential in the service of the nation.”8 Priority in the health
needs of woman and children is also mandated by the same provision of the Constitution.9
With regards to laws specifically for the protection of children 10, which was given scant
consideration until 1997 when Congress passed into law R.A. No. 8369.11 But even then, the only
provisions this law had on the matter were those vesting exclusive jurisdiction to Family Courts
in cases of domestic violence against women and children, describing what constitutes domestic
violence against them and providing the special provisional remedy of restraining order for relief
from abuse.
The law defined domestic violence against women as “acts of gender-based violence that
result in , or likely to result in, or likely to result in physical, sexual or psychological harm or
suffering to women; and other forms of physical abuse such as battering or threats and coercion

8 Sec. 14, Art XIII, 1987 Constitution

9 Ibid

10 P.D. No. 603 (1975), The Child and Youth Welfare Code; E.O. No. 209 (1988), The Family Code; and R.A. No. 7610 (1992), Special
Protection of Children Against Child Abuse, Exploitation and Discrimination Act.

11 The Family Court Act of 1997

The Anti-Violence against Women and Their Children Act of 2004 (Republic Act 9262). after nine years of advocacy by women’s groups and the National Commission on the Role of Filipino Women. purports to protect women and children from violence and threats to their personal safety and security. This legislation is proof that national government has finally recognized the 12 Sec.Aggabao. Prescribing Penalties therefore. cruelty. Rex Bookstore. women legislators. and for Other Purposes. Romano SPL RA 9262 Anti-VAWC which violate a woman’s personhood.”13 In 2004. The passage of the law marks the State’s compliance with its obligation under the Convention on the Elimination of Discrimination Against Women (CEDAW)which the Philippines ratified in 1981.” was passed into law. 5(k)(2) 14 2009. the Republic Act 9262 entitled “An Act Defining Violence Against Women and Their Children. Providing for Protective Measures for Victims. Guazon. .14 The Republic Act 9262. violence.” 12 Similarly. also known as Anti-Violence Against Women and Their Children Act of 2004. The Anti-VAWC Act is the result of a decade of advocacy of victim-survivors women’s human rights advocates and women’s organizations. Philippines: Manila. and discrimination and all other conditions prejudicial to their development. which was ratified by the Philippine Senate in 2003. and government agencies. Ayento. and the Optional Protocol on the CEDAW. M. neglect. Inc. 5 (k)(1) 13 Sec. integrity and freedom of movement. it described violence against children as “the commission of all forms of abuse. exploitation.

Et. The Many Faces of Violence.Aggabao. the law was subjected to criticisms and attacks. the silent victims of violence within the home too often are the children who are not physically. Guanzon. live-in. which affects not only the sanctity of the family but also the community. Moreover. psychologically and emotionally injured but who. Penano-Ho. Expert Group Meeting On Good Practices In Legislation On Violence Against Women . L. Al. Research shows that boys who witness violence between their parents are almost three times more likely to become abusers themselves than sons of non-violent parents.. R. (1999) 16 2008. and Abusive Relationships in Filipino Families. Ayento. while the offenders may either be men or women with whom the victims are or were in lesbian relationships. Generally. substance abuse and juvenile delinquency. While violence against women usually involves violence in the relationship between adults and does not technically include child abuse or neglect.. Guerrero. the definition includes past or present marital. 15 S. having witnessed violence and consequently form the belief that violence is an acceptable way to cope with stress or problems or to gain control over another person. only women may file actions under the anti-VAWC Act. protecting the rights of women and their children. sexual or dating relationships. including the question on its constitutionality. The inclusion of men with whom the victim-survivor has a common child was included in the Bicameral Conference upon the request of the Department of Social Welfare and Development to protect the rights of women who are not married to fathers of their children. Abuses. Romano SPL RA 9262 Anti-VAWC damaging effect of violence against women. There have been evidences that violence within the family causes social matters such as violent crimes. 16 Being gender-specific. 15 The law is gender-specific.

A.A. aside from the criminal action for violation of R. Romano SPL RA 9262 Anti-VAWC including children of rape victims. liberty. in valuing the dignity of women and children and in guaranteeing full respect for human rights shall exert efforts to address violence committed against women and children in collaboration with the fundamental freedoms guaranteed under the Constitution and international human rights instruments of which the Philippines is part of. 131 (superseded by the Social Security Act of 1997 R. R. Article 2 of the 1987 Philippine Constitution. R. In the same note. No. it states that “The State values the dignity of every human person and guarantees full respect for human rights”. liberty.A. 8. Art. After hearing on the merit. custody. 9262 specifically prevents the deprivation of life. in accordance with Section 11. nor shall any person be denied the equal protection of the laws. or together with an action for damages. or property of women and children.A.Aggabao. dissolution of the community property or nullity of marriage.” R.A. With this. support. 9262. expressly declares that the State. one fundamental right under the Bill of Rights of the Philippine Constitution is that.17 The anti-VAWC Act provides for the remedy of a protection order in a civil action or in a criminal action. Ayento. 8282) . 9872 refer to as solo parents. Article 15 of the Constitution states that the State shall defend “(2) The right of 17 Sec. “No person shall be deprived of life. a Permanent Protection Order may be granted. No. The relief of Temporary and Permanent Protection order may be filed as an independent action. It includes those which the Labor Code and R. An ex parte Temporary Protection Order shall be issued by the Judge within twenty-four hours from the filing of the verified application upon a finding that there is reasonable ground to believe that an imminent danger of violence to the woman and her children exists or is about to recur. 8972 otherwise known as Solo Parents’ Act of 2002. legal separation.A. 9262. or property without due process of law.

which defines discrimination against women as “any distinction. often described as an international bill of rights of women. on a basis of equality of men and women. Years before the RA 9262 was proclaimed. exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition. Convention on the Elimination of All Forms of Discrimination against Women. the Convention on the Elimination of All Forms of Discrimination against Women. of human rights and fundamental freedoms in the political. the United Nations Charter and the Universal Declaration of Human Rights were the initial international documents that provided for equality and non-discrimination on gender. Ayento. economic. civil or any other field” and expresses national action to prevent and put an end to such discrimination. social. Not only does Republic Act 9262 operate in collaboration with the Philippine Constitution but also with international laws which the Philippines is part of such as the Universal Declaration of Human Rights. cultural. . liberty and security of every person to be universally protected. including proper care and nutrition. which was proclaimed by the United Nations General Assembly as a common standard of achievements for all peoples and all nations that sets out fundamental human rights such as the life.Aggabao. irrespective of their marital status. was adopted by the UN General Assembly. and special protection from all forms of neglect. Romano SPL RA 9262 Anti-VAWC children to assistance. The Universal Declaration of Human Rights was drafted by representatives with different legal and cultural background from all regions of the world. exploitation and other conditions prejudicial to their development”. enjoyment or exercise by women. Subsequently. abuse. the United Nations supported women’s movement by establishing the Commission on the Status of Women. and Convention on the Rights of the Child. cruelty. Since then.

AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SECTION 1.A. PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS. Romano SPL RA 9262 Anti-VAWC Similar to the said international law. BODY AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN. the Constitution and other municipal laws.. PRESCRIBING PENALTIES THEREFORE. identical to R. the objective is to specifically secure the rights of women and children and also to carry out all actions and policies in order to best enforce the purpose of these laws. which are the right to survival. the State shall exert more effort in addressing the issue of violence committed against a women and children in keeping with the different conventions that the State is a party. in accordance with the fundamental law. as a party of the international laws as abovementioned. agrees to undertake the obligations proclaimed by these laws wherein the national government commits itself to ensure the protection of human rights and is accountable before the international community. No.Aggabao. abuse and exploitation. Ayento. The Convention on the Rights of the Child affirms the basic human rights of children. and the full participation in family. Towards this end. protection from harmful influences. These four basic human rights are significant in every child’s dignity and development. For the two conventions. II.This Act shall be known as the "Anti-Violence Against Women . that is. cultural and social life. 9262. development to the fullest. the Convention on the Rights of the Child was developed for the special care and protection of people under 18 years old. Short Title. Furthermore. The Philippines.

Romano SPL RA 9262 Anti-VAWC and Their Children Act of 2004". The Philippines renounces war as an instrument of national policy. These.It is hereby declared that the State values the dignity of women and children and guarantees full respect for human rights. from violence and threats to their personal safety and security. The State also recognizes the need to protect the family and its members particularly women and children. equality. cooperation. 2. Declaration of Policy. Declaration of State Principles and State Policies PRINCIPLES Sec..building. 14. The State values the dignity of every human person and guarantees full respect for human rights. They are as follows: ART II.Aggabao. as well as UN Conventions. 11. are the basis for the special laws protecting the rights of women. Towards this end. Convention on the Rights of the Child and other international human rights instruments of which the Philippines is a party. and adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace. justice. The State recognizes the role of women in nation. The 1987 Constitution There are provisions on women in the 1987 Constitution which were absent in the previous Constitution. Ayento. STATE POLICIES Sec. freedom. the State shall exert efforts to address violence committed against women and children in keeping with the fundamental freedoms guaranteed under the Constitution and the Provisions of the Universal Declaration of Human Rights. and amity with all nations. and shall . Sec. the convention on the Elimination of all forms of discrimination Against Women. SECTION 2.

14 The State shall protect working women by providing safe and healthful working conditions. assault. Definition of Terms. "Physical Violence" refers to acts that include bodily or physical harm. b) acts causing or attempting to cause the victim to engage in any sexual activity by . or against a woman with whom the person has or had a sexual or dating relationship. but is not limited to. forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser. former wife. harassment or arbitrary deprivation of liberty. committed against a woman or her child.As used in this Act. or with whom he has a common child. SECTION 3. acts of lasciviousness. 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. Ayento. treating a woman or her child as a sex object. taking into account their maternal functions. or against her child whether legitimate or illegitimate. which result in or is likely to result in physical. ART XIII Social Justice and Human Rights Sec. (a) "Violence against women and their children" refers to any act or a series of acts committed by any person against a woman who is his wife. battery. the following acts: A. sexual harassment. It includes. physically attacking the sexual parts of the victim's body. B. It includes. and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation. within or without the family abode. but is not limited to: a) rape. Romano SPL RA 9262 Anti-VAWC ensure the fundamental equality before the law of women and men. coercion. "Sexual violence" refers to an act which is sexual in nature.Aggabao. psychological harm or suffering. making demeaning and sexually suggestive remarks. or economic abuse including threats of such acts. sexual..

controlling the victims' own money or properties or solely controlling the conjugal money or properties. knowingly and . serious and moral grounds as defined in 2. 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. community or property owned in common. c) Prostituting the woman or child. (d) "Stalking" refers to an intentional act committed by a person who. "Economic abuse" refers to acts that make or attempt to make a woman financially dependent which includes. 4. destroying household property. It includes causing or allowing the victim to witness the physical. C. occupation. threat of force. Romano SPL RA 9262 Anti-VAWC force. business or activity. 3. physical or other harm or threat of physical or other harm or coercion. public ridicule or humiliation. harassment. except in cases wherein the other spouse/partner objects on valid. (c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. repeated verbal abuse and mental infidelity. Article 73 of the Family Code.Aggabao. Ayento. (b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to the physical and psychological or emotional distress. D. sexual or psychological abuse of a member of the family to which the victim belongs. deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal. but is not limited to the following: 1. withdrawal of financial support or preventing the victim from engaging in any legitimate profession. stalking. damage to property. "Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation.

SECTION 4. Under section 4 of RA 9262. Furthermore.This Act shall be liberally construed to promote the protection and safety of victims of violence against women and their children. (e) "Dating relationship" refers to a situation wherein the parties live as husband and wife without the benefit of marriage or are romantically involved over time and on a continuing basis during the course of the relationship. (f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing of a common child. the principle of conspiracy under the Revised Penal Code can be applied in the law. .Aggabao. Romano SPL RA 9262 Anti-VAWC without lawful justification follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a combination thereof. the provisions of the law shall be liberally construed in order to promote the protection and safety of women and children against violence and threats. As used in this Act. Section 47 of the law expressly provides that the Revised Penal Code and the other applicable laws shall have suppletory application. 7610. (g) "Safe place or shelter" refers to any home or institution maintained or managed by the Department of Social Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by the DSWD for the purposes of this Act or any other suitable place the resident of which is willing temporarily to receive the victim. Construction. (h) "Children" refers to those below eighteen (18) years of age or older but are incapable of taking care of themselves as defined under Republic Act No. A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a dating relationship. Ayento. it includes the biological children of the victim and other children under her care..

or attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by force or threat of force. or intimidation directed against the woman or child. (d) Placing the woman or her child in fear of imminent physical harm. or solely controlling the conjugal or common money. (f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions. or properties. the following acts committed with the purpose or effect of controlling or restricting the woman's or her child's movement or conduct: (1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family. . (b) Threatening to cause the woman or her child physical harm. Ayento. (e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage in. Acts of Violence Against Women and Their Children. (2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family. business or activity or controlling the victim's own mon4ey or properties. (c) Attempting to cause the woman or her child physical harm. (4) Preventing the woman in engaging in any legitimate profession. but not limited to. Romano SPL RA 9262 Anti-VAWC SECTION 5.Aggabao. physical or other harm or threat of physical or other harm. or deliberately providing the woman's children insufficient financial support. occupation.The crime of violence against women and their children is committed through any of the following acts: (a) Causing physical harm to the woman or her child. This shall include. (3) Depriving or threatening to deprive the woman or her child of a legal right..

by force or threat of force. committed against a . physical harm. 2. It includes. former wife. which result in or is likely to result in physical. or through intimidation directed against the woman or her child or her/his immediate family.Aggabao. or against her child whether legitimate or illegitimate. (2) Peering in the window or lingering outside the residence of the woman or her child. but not limited to. Romano SPL RA 9262 Anti-VAWC (g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape. personally or through another. or economic abuse including threats of such acts. and (5) Engaging in any form of harassment or violence. repeated verbal and emotional abuse. (i) Causing mental or emotional anguish. VAWC refers to “any act or a series of acts committed by any person against a woman who is his wife. the following acts: 1. or with whom he has a common child. sexual. or against a woman with whom the person has or had a sexual or dating relationship. (h) Engaging in purposeful. including. psychological harm or suffering. (4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child. assault. knowing. This shall include. within or without the family abode. Ayento. or reckless conduct. “Physical violence” refers to acts that include bodily or physical harm. “Sexual violence” refers to an act which is sexual in nature. and denial of financial support or custody of minor children of access to the woman's child/children. coercion. but not be limited to. public ridicule or humiliation to the woman or her child. that alarms or causes substantial emotional or psychological distress to the woman or her child. but is not limited to. battery. harassment or arbitrary deprivation of liberty. (3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will. the following acts: (1) Stalking or following the woman or her child in public or private places.

b.Aggabao. occupation. This includes but is not limited to the following: a. physically attacking the sexual parts of the victim’s body. “Economic abuse” refers to acts that make or attempt to make a woman financially dependent. sexual harassment. rape. Romano SPL RA 9262 Anti-VAWC woman or her child. business or activity. Ayento. withdrawal of financial support or preventing the victim from engaging in any legitimate profession. It includes causing or allowing the victim to witness the physical. forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser. b. public ridicule or humiliation. harassment. acts of lasciviousness. 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. treating a woman or her child as a sex object. but is not limited to: a. sexual or psychological abuse of a member of the family to which the victim belongs. stalking. “Psychological violence” refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation. physical or other harm or threat of physical or other harm or coercion. except in cases wherein the other spouse/partner objects on valid. threat of force. acts causing or attempting to cause the victim to engage in any sexual activity by force. repeated verbal abuse and marital infidelity. deprivation or threat of deprivation of financial resources and the right to the . damage to property. 4. It includes. 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. 3. making demeaning and sexually suggestive remarks. serious and moral grounds as defined in Article 73 of the Family Code.

Romano SPL RA 9262 Anti-VAWC use and enjoyment of the conjugal. d. c. If these acts resulted in mutilation. destroying household property. frustrated or consummated parricide or murder or homicide shall be punished in accordance with the provisions of the Revised Penal Code. under Section 5 hereof shall be punished according to the following rules: (a) Acts falling under Section 5(a) constituting attempted. those constituting less serious physical injuries shall be punished by prision correccional. Ayento. 5.Aggabao.. It includes the biological children of the victim and other children under her care. Penalties. and those constituting slight physical injuries shall be punished by arresto mayor. controlling the victim’s own money or properties or solely controlling the conjugal money or properties. 6. community or property owned in common. (b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor. SECTION 6. it shall be punishable in accordance with the Revised Penal Code. “Sexual relations” refer to a single sexual act which may or may not result to a bearing of a child. Children are those below 18 years of age or older but are incapable of taking care of themselves (as stated in Republic Act 7610). Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower than the prescribed penalty for the consummated crime as specified in the preceding paragraph but shall in no case be lower than arresto mayor.The crime of violence against women and their children. whether or not the relationship was formal. . 7. those constituting serious physical injuries shall have the penalty of prison mayor. It means that a relationship existed between a woman and a partner who is abusive or has previously abused her. A dating relationship is one which has a romantic involvement.

The relief granted under a protection order serve the purpose of safeguarding the victim from further harm. Venue.A protection order is an order issued under this act for the purpose of preventing further acts of violence against a woman or her child specified in Section 5 of this Act and granting other necessary relief. Ayento. (d) Acts falling under Section 5(f) shall be punished by arresto mayor. the case shall be filed in the Regional Trial Court where the crime or any of its elements was committed at the option of the compliant.000.The Regional Trial Court designated as a Family Court shall have original and exclusive jurisdiction over cases of violence against women and their children under this law. (b) undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to the court. In the absence of such court in the place where the offense was committed. minimizing any disruption in the victim's daily life. and facilitating the opportunity and ability of the victim to independently regain control over her life. (e) Acts falling under Section 5(g) shall be punished by prision mayor.. In addition to imprisonment. If the acts are committed while the woman or child is pregnant or committed in the presence of her child. The protection orders that . Protection Orders.. (f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor. The provisions of the protection order shall be enforced by law enforcement agencies. SECTION 8. the perpetrator shall (a) pay a fine in the amount of not less than One hundred thousand pesos (P100. the penalty to be applied shall be the maximum period of penalty prescribed in the section.00) but not more than three hundred thousand pesos (300. Romano SPL RA 9262 Anti-VAWC (c) Acts falling under Section 5(e) shall be punished by prision correccional. SECTION 7.Aggabao.00).000.

personally or through another. Romano SPL RA 9262 Anti-VAWC may be issued under this Act are the barangay protection order (BPO). the court shall direct a law enforcement agent to accompany the respondent has gathered his things and escort respondent from the residence. The protection orders that may be issued under this Act shall include any. and to stay away from the residence. or any specified place frequented by the petitioner and any designated family or household member. place of employment. (b) Prohibition of the respondent from harassing. annoying. directly or indirectly. temporary protection order (TPO) and permanent protection order (PPO). Ayento. regardless of ownership. either temporarily for the purpose of protecting the petitioner. regardless of ownership of the residence.Aggabao. school. or permanently where no property rights are violated. . some or all of the following reliefs: (a) Prohibition of the respondent from threatening to commit or committing. (d) Directing the respondent to stay away from petitioner and designated family or household member at a distance specified by the court. and directing the appropriate law enforcement officer to accompany the petitioner to the residence of the parties to ensure that the petitioner is safely restored to the possession of the automobile and other essential personal effects. any of the acts mentioned in Section 5 of this Act. (c) Removal and exclusion of the respondent from the residence of the petitioner. (f) Granting a temporary or permanent custody of a child/children to the petitioner. telephoning. and if respondent must remove personal effects from the residence. contacting or otherwise communicating with the petitioner. or to supervise the petitioner's or respondent's removal of personal belongings. (e) Directing lawful possession and use by petitioner of an automobile and other essential personal effects.

childcare expenses and loss of income. (h) Prohibition of the respondent from any use or possession of any firearm or deadly weapon and order him to surrender the same to the court for appropriate disposition by the court. the court shall order an appropriate percentage of the income or salary of the respondent to be withheld regularly by the respondent's employer for the same to be automatically remitted directly to the woman. If the offender is a law enforcement agent. medical expenses. including revocation of license and disqualification to apply for any license to use or possess a firearm. property damage.Aggabao. the court shall order the offender to surrender his firearm and shall direct the appropriate authority to investigate on the offender and take appropriate action on matter. Notwithstanding other laws to the contrary. Ayento. The issuance of a BPO or the pendency of an application for BPO shall not preclude a . including. (j) Directing the DSWD or any appropriate agency to provide petitioner may need. Romano SPL RA 9262 Anti-VAWC (g) Directing the respondent to provide support to the woman and/or her child if entitled to legal support. Failure to remit and/or withhold or any delay in the remittance of support to the woman and/or her child without justifiable cause shall render the respondent or his employer liable for indirect contempt of court. Any of the reliefs provided under this section shall be granted even in the absence of a decree of legal separation or annulment or declaration of absolute nullity of marriage. provided petitioner and any designated family or household member consents to such relief. but not limited to. and (k) Provision of such other forms of relief as the court deems necessary to protect and provide for the safety of the petitioner and any designated family or household member. (i) Restitution for actual damages caused by the violence inflicted.

Where to Apply for a Protection Order. descendants or collateral relatives within the fourth civil degree of consanguinity or affinity. municipal trial court. Romano SPL RA 9262 Anti-VAWC petitioner from applying for. metropolitan trial court. That if a family court exists in the place of residence of the petitioner. or the court from granting a TPO or PPO. (h) At least two (2) concerned responsible citizens of the city or municipality where the violence against women and their children occurred and who has personal knowledge of the offense committed. – The application . therapist or healthcare provider of the petitioner. SECTION 10. SECTION 11. (e) police officers. – A petition for protection order may be filed by any of the following: (a) the offended party. – Applications for BPOs shall follow the rules on venue under Section 409 of the Local Government Code of 1991 and its implementing rules and regulations. Who may file Petition for Protection Orders. preferably those in charge of women and children's desks. (g) lawyer. however. How to Apply for a Protection Order. (c) ascendants. counselor. (d) officers or social workers of the DSWD or social workers of local government units (LGUs). municipal circuit trial court with territorial jurisdiction over the place of residence of the petitioner: Provided. (f) Punong Barangay or Barangay Kagawad.Aggabao. (b) parents or guardians of the offended party. SECTION 9. the application shall be filed with that court. Ayento. An application for a TPO or PPO may be filed in the regional trial court.

and shall provide a mailing address for purpose of service processing. Romano SPL RA 9262 Anti-VAWC for a protection order must be in writing. and (g) an attestation that there is no pending application for a protection order in another court. Ayento. the application must be accompanied by an affidavit of the applicant attesting to (a) the circumstances of the abuse suffered by the victim and (b) the circumstances of consent given by the victim for the filling of the application. written in English with translation to the major local languages. If the applicants is not the victim. shall be made available to facilitate applications for protections order. A standard protection order application form. In such a case. . the following information: (a) names and addresses of petitioner and respondent. It may be filed as an independent action or as incidental relief in any civil or criminal case the subject matter or issues thereof partakes of a violence as described in this Act. (e) request for counsel and reasons for such. (c) a statement of the circumstances of the abuse. An application for protection order filed with a court shall be considered an application for both a TPO and PPO. the applicant shall attest that the victim is residing in the municipality or city over which court has territorial jurisdiction. When disclosure of the address of the victim will pose danger to her life. (b) description of relationships between petitioner and respondent.Aggabao. it shall be so stated in the application. and shall contain. signed and verified under oath by the applicant. (f) request for waiver of application fees until hearing. among other. (d) description of the reliefs requested by petitioner as specified in Section 8 herein.

The lack of access to family or conjugal resources by the applicant.00) to Fifty Thousand Pesos (P50. – If the woman or her child requests in the applications for a protection order for the appointment of counsel because of lack of economic means to hire a counsel de parte.000. Enforceability of Protection Orders. such as when the same are controlled by the perpetrator. it shall facilitate the legal representation of the petitioner by a counsel de parte. Ayento. Law enforcement agents shall also extend assistance in the application for protection orders in cases brought to their attention. Who May Issue and How.Aggabao. A Punong Barangay who receives applications for a BPO shall issue the protection order to the applicant on the date of filing after ex parte determination of the basis of the . . Barangay Protection Orders (BPOs). SECTION 12. the court shall immediately direct the Public Attorney's Office (PAO) to represent the petitioner in the hearing on the application. – All TPOs and PPOs issued under this Act shall be enforceable anywhere in the Philippines and a violation thereof shall be punishable with a fine ranging from Five Thousand Pesos (P5. If the PAO determines that the applicant can afford to hire the services of a counsel de parte. shall qualify the petitioner to legal representation by the PAO. Legal Representation of Petitioners for Protection Order.000. However. SECTION 13.Barangay Protection Orders (BPOs) refer to the protection order issued by the Punong Barangay ordering the perpetrator to desist from committing acts under Section 5 (a) and (b) of this Act. Romano SPL RA 9262 Anti-VAWC Barangay officials and court personnel shall assist applicants in the preparation of the application.00) and/or imprisonment of six (6) months. SECTION 14. a private counsel offering free legal service is not barred from representing the petitioner.

Temporary Protection Orders. the Punong Barangay or Barangay Kagawad shall personally serve a copy of the same on the respondent. The court shall schedule a hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO. The court shall order the immediate personal service of the TPO on the respondent by the court sheriff who may obtain the assistance of law enforcement agents for the service. – Temporary Protection Orders (TPOs) refers to the protection order issued by the court on the date of filing of the application after ex parte determination that such order should be issued. – Permanent Protection Order (PPO) refers to protection order issued by the court after notice and hearing. If the Punong Barangay is unavailable to act on the application for a BPO. or his lack of a lawyer. BPOs shall be effective for fifteen (15) days. If the respondents appears without counsel on the .Aggabao. Immediately after the issuance of an ex parte BPO. Romano SPL RA 9262 Anti-VAWC application. If the BPO is issued by a Barangay Kagawad the order must be accompanied by an attestation by the Barangay Kagawad that the Punong Barangay was unavailable at the time for the issuance of the BPO. Permanent Protection Orders. A court may grant in a TPO any. Ayento. SECTION 15. the application shall be acted upon by any available Barangay Kagawad. SECTION 16. The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong Barangay. The TPO shall include notice of the date of the hearing on the merits of the issuance of a PPO. or the nonavailability of his lawyer shall not be a ground for rescheduling or postponing the hearing on the merits of the issuance of a PPO. some or all of the reliefs mentioned in this Act and shall be effective for thirty (30) days. Respondents non-appearance despite proper notice. or direct any barangay official to effect is personal service.

Regardless of the conviction or acquittal of the respondent. Even in a dismissal. The court shall. Where the court is unable to conduct the hearing within one (1) day and the TPO issued is due to expire. A PPO shall be effective until revoked by a court upon application of the person in whose favor the order was issued. the Court must determine whether or not the PPO shall become final.Aggabao. a PPO shall be granted as long as there is no clear showing that the act from which the order might arise did not exist. The court shall not deny the issuance of protection order on the basis of the lapse of time between the act of violence and the filing of the application. The court shall allow the introduction of any history of abusive conduct of a respondent even if the same was not directed against the applicant or the person for whom the applicant is made. In case the respondent fails to appear despite proper notice. conduct the hearing on the merits of the issuance of a PPO in one (1) day. Ayento. – The following statement must be printed in bold-faced type or in capital letters on the protection order issued by the Punong . the court shall continuously extend or renew the TPO for a period of thirty (30) days at each particular time until final judgment is issued. The court shall ensure immediate personal service of the PPO on respondent. to the extent possible. Romano SPL RA 9262 Anti-VAWC date of the hearing on the PPO. The court may grant any. the court shall allow ex parte presentation of the evidence by the applicant and render judgment on the basis of the evidence presented. The extended or renewed TPO may be modified by the court as may be necessary or applicable to address the needs of the applicant. Notice of Sanction in Protection Orders. the court shall appoint a lawyer for the respondent and immediately proceed with the hearing. SECTION 17. some or all of the reliefs specified in Section 8 hereof in a PPO.

The hearing on any application for a protection order filed by the petitioner must be conducted within the mandatory period specified in this Act. Ayento. . SECTION 20.Aggabao. – Ex parte and adversarial hearings to determine the basis of applications for a protection order under this Act shall have priority over all other proceedings. – In cases of legal separation." SECTION 18. Violation of a BPO shall be punishable by imprisonment of thirty (30) days without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed. SECTION 19. where violence as specified in this Act is alleged. Legal Separation Cases. Barangay officials and the courts shall schedule and conduct hearings on applications for a protection order under this Act above all other business and. if necessary. Romano SPL RA 9262 Anti-VAWC Barangay or court: "VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW. Violation of Protection Orders. SECTION 21. Mandatory Period For Acting on Applications For Protection Orders – Failure to act on an application for a protection order within the reglementary period specified in the previous section without justifiable cause shall render the official or judge administratively liable. suspend other proceedings in order to hear applications for a protection order. or municipal circuit trial court that has territorial jurisdiction over the barangay that issued the BPO. Priority of Application for a Protection Order. Article 58 of the Family Code shall not apply. – A complaint for a violation of a BPO issued under this Act must be filed directly with any municipal trial court. metropolitan trial court. The court shall proceed on the main case and other incidents of the case as soon as possible.

if he shall have been prosecuted for acts punishable under Section 5(a) to 5(f) and not exceeding thirty (30) days. Prescriptive Period. Should the respondent fail to give the bond as required.Aggabao. – The foregoing provisions on protection orders shall be applicable in impliedly instituted with the criminal actions involving violence against women and their children. Bond to Keep the Peace. SECTION 22. without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed. SECTION 24. Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt of court punishable under Rule 71 of the Rules of Court. SECTION 23. The protection orders referred to in this section are the TPOs and the PPOs issued only by the courts. Acts falling under Sections 5(g) to 5(I) shall prescribe in ten (10) years. Ayento. the trial court may motu proprio issue a protection order as it deems necessary without need of an application. he shall be detained for a period which shall in no case exceed six (6) months. Applicability of Protection Orders to Criminal Cases. if for acts punishable under Section 5(g) to 5(I). Public Crime. During trial and upon judgment. SECTION 25. to present two sufficient sureties who shall undertake that such person will not commit the violence sought to be prevented. – Acts falling under Sections 5(a) to 5(f) shall prescribe in twenty (20) years. – Violence against women and their children shall be considered a public offense which may be prosecuted upon the filing of a complaint by any citizen having personal knowledge of the circumstances involving the commission of the . – The Court may order any person against whom a protection order is issued to give a bond to keep the peace. Romano SPL RA 9262 Anti-VAWC A judgement of violation of a BPO ma be appealed according to the Rules of Court.

Battered Woman Syndrome"(BWS) refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. Ayento. the following elements shall be present: 1. – Victim-survivors who are found by the courts to be suffering from battered woman syndrome 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. In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the time of the commission of the crime. Thus. Romano SPL RA 9262 Anti-VAWC crime.) The final acute battering episode preceding the killing of batterer must have produced in the battered person’s mind an actual fear of an imminent harm from batterer and an honest belief that she needed to use force in order to save her life. there is a need for the wife to protect herself and her loved ones without incurring any criminal liability. 2. As defined in Section 3(c) of this Code. the wife cannot equal the power of his husband.) Each of the phases of the cycle of violence must be proved to have characterized at least two battering episodes. SECTION 26. In order to justify the killing.Aggabao. Battered Woman Syndrome as a Defense. the courts shall be assisted by expert psychiatrists/ psychologists. . The Battered Women Syndrome concept was derived from the fact that when the wife is being beaten up by her husband.

intelligence or intent analogous to illness that diminishes exercise of will power without depriving her of consciousness of her acts b. The two circumstances did not arise from the same set of facts. (5) that she called for help in previous occasions. (6) what the neighbors or other family members inside the home saw or heard.of having acted upon impulse so powerful as to have naturally produced passion and obfuscation.) At the time of the killing . (3) the number and age of her children who are in her care or inside the home.) psychological paralysis or diminution of freedom to action. Barangay officials must keep records of prior calls for help or of Barangay Protection Orders issued against the husband or partner.) passion and obfuscation . 19 Ibid. the batterer must have posed problemable-not necessarily immediate and actual-grave harm to the accused based on the history of violence by the former against the latter. (4) the lack of access of the woman to support services. (2) economic and social situation of the woman. and (7) conduct and mental state of the accused woman immediately after the act.L. . The first circumstance arose from the cyclical nature and severity of batter.20 18 Boado.Aggabao.Notes and Cases on Special Penal Laws.(2007). Quezon City: Rex Printing Company.19 In proving BWS the following evidence must be proved: (1) history of the abuse. it gives rise to two mitigating circumstance : a.18 If the invocation of the self-defense fails. The second is from violent aggression he had inflicted on her prior killing. Romano SPL RA 9262 Anti-VAWC 3. Ayento.Inc.

and tyranny seldom heard of. Battered Woman is defined as one 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. No.R. stating that the cruelty of the husband is not a justification to take away his life.L-2800. 2013 from:http://plj.A 9262. he might kill her. the couple must go the battering cycle at least twice. To be classified as such. 1950. Canja. Genosa22. The Court did not appreciate the defense of the wife.Aggabao. drinking and infidelity problem frequently beat up his lawful wife. in the case of People v. January 15. No. while the man was sleeping. a man who had a gambling. his wife killed him. 23 20Guanzon.ph/legal-and-conceptual-framework-of-battered-woman-syndrome-as-a-defense/ 21People v. One evening. Ayento. 22 People v Genosa.upd.” Prior to the promulgation of R.”Legal and Conceptual Framework of Battered Woman Syndrome as a defense” Retrieved: December 30. in the case People v. Her confession revealed that she was scared that if she did not kill her husband. insult. Canja21.R. G.edu. 13591. and confessed the crime to her daughter. Romano SPL RA 9262 Anti-VAWC As early as 1950 the theory of Battered Woman Syndrome as a justifying circumstance had already been brought up. G. In the separate opinion of Justice Marceliano Montemayor. he wrote that the woman deserves executive clemency based on this justification: “The violence with which the appellant killed her husband reveals the pent-up righteous anger and rebellion against years of abuse. Maria. 2004 . Battered women include wives or women in any form of intimate relationship with men. May 30.

emotional dependence upon the dominant male.(2007). minor battering occurs-it could be verbal or slight physical abuse or another form of hostile behaviour. destructiveness an. 2004 . 25 People v Genosa.26 23 Boado. nonviolent) phase During the Tension-Building phase. Romano SPL RA 9262 Anti-VAWC Battered women exhibit common personality traits. at least. traditional beliefs about the home.25 The Acute Battering Incident is said to be characterized by brutality. At this stage.L.) The tranquil.Notes and Cases on Special Penal Laws.24 The Battered Woman Syndrome is characterized by three phases of “cycle of violence”: 1. Ayento. The battered woman deems this incident as unpredictable. the tendency to accept responsibility for the batterer’s action. G. 24 Ibid. she has a sense of detachment from the attack and terrible pain.Aggabao. loving (or.R. Acute battering incidents are often very savage and out of control. the family and the female sex role. and false hopes that the relationship will improve.) The acute battering incident 3. such as low esteem. yet inevitable. Quezon City: Rex Printing Company. Inc. sometimes. 13591. January 15. No. death.) The tension-building phase 2. that bystanders or intervenors likely to get hurt. The woman tries to pacify the batterer but this placatory/passive behaviour legitimizes her belief that the man has the right to abuse her. violence “spirals out of control” and leads to acute battering incident. At some point.

On the one hand. During this Tranquil Period.Inc. Threatening behavior or communication can satisfy the required imminence of danger.L. Romano SPL RA 9262 Anti-VAWC The final phase of cycle of violence begins when the acute battering incident ends.Notes and Cases on Special Penal Laws. – Being under the influence of alcohol. further evidence of actual physical assault at the time of the killing is not required. . self-defense may be appreciated. or any other mind-altering substance shall not be a defense under this Act.Aggabao. Ayento. Where the brutalized person suffering from the syndrome. any illicit drug. Quezon City: Rex Printing Company. Considering such circumstances and the existence of the syndrome. To require the battered person to await an obvious. Prohibited Defense.27 The nature of the defense of the Battered Woman syndrome is a justifying circumstance. the batterer may show a tender and nurturing behaviour towards his partner. the couple experience profound relief. 26 Ibid 27 Ibid 28 Boado. SECTION 27.(2007). Incidents of domestic battery usually have a predictable pattern. deadly attack before she can defend her life “would amount to sentencing her to ‘murder by installment’” Still impending danger prior to the defendant’s use of deadly force must be shown.28 The law requires an expert testimony of a psychiatrist or psychologist to testify that the woman is indeed suffering a Battered Woman Syndrome.

Aggabao. Children below seven (7) years old older but with mental or physical disabilities shall automatically be given to the mother. and . Romano SPL RA 9262 Anti-VAWC Mind altering substances are those which produce mood changes or distorted perceptions. The legislators deemed it best for the interest of the children to be with their mother rather than give them to the perpetrator who might cause them injury. Duties of Prosecutors/Court Personnel. A victim who is suffering from battered woman syndrome shall not be disqualified from having custody of her children. It states that children below the age of seven years are deemed to have chosen the mother unless the court has decided otherwise. In no case shall custody of minor children be given to the perpetrator of a woman who is suffering from Battered woman syndrome. – The woman victim of violence shall be entitled to the custody and support of her child/children. Ayento. The phrase “unless the court finds compelling reasons or otherwise” signifies that the Court may grant the custody to other person as it deems it would be best for the interest of the children. unless the court finds compelling reasons to order otherwise. SECTION 29. such as insanity of the mother or other circumstance that will show that the mother is not fit to be the custodian of the children. SECTION 28. The rule is not absolute. but in no way that the batterer be the custodian of the children. Custody of children. with right to support. The provision is also consistent with Articles 102 (6) and129 (9) of the Family Code of the Philippines. – Prosecutors and court personnel should observe the following duties when dealing with victims under this Act: a) communicate with the victim in a language understood by the woman or her child.

12. (d) Advising the petitioner on the availability of legal assistance from the Public Attorney's Office of the Department of Justice or any public legal assistance office. The Section 12 of the Rule on Violence against women and children issued by the Supreme Court further adds the following duties to the clerk of court: SEC.The clerk of court shall assist the petitioner or the offended party by: (a) Communicating in a language understood by the petitioner. Romano SPL RA 9262 Anti-VAWC b) inform the victim of her/his rights including legal remedies available and procedure. Ayento. (e) Advising the petitioner on entitlement of support services from the DSWD and LGUs. (c) Ensuring the privacy of the offended party to the extent practicable while the form is being accomplished. . . (b) Providing the petitioner with a standard petition form written in English with translation into the major local dialects. The duty falls upon the prosecutors handling the case and to court personnel as well.Aggabao. Duties of the clerk of court. including the instructions for its accomplishment. and privileges for indigent litigants. The provision reiterates the right of a person to be informed in a language known to him/her.

No. – Barangay officials and law enforcers shall have the following duties: 29 A.A. N. Quezon City: Central Book Supply. (g) Providing the offended party with a certified copy of the protection order as well as giving the necessary information regarding the process for its service and enforcement. 04-10-11-SC 30 Aguilar. Duties of Barangay Officials and Law Enforcers. h) Making available informative materials on violence against women and their children. Inc. and Violence Against Women and Children. Ayento. (2005). . Sexual Harassment."29 The clerk of court may likewise advise the petitioner of the availability of assistance from the Public Attorneys Office or other legal aid centers or half way houses. and (i) Informing the offended party that compensation is available from the Department of Justice Board of Claims in accordance with the provisions of R. Law and Procedure on Rape.30 SECTION 30. No. 7309 (1992). otherwise known as "An Act Creating a Board of Claims Under the Department of Justice for Victims of Unjust Imprisonment or Detention and Victims of Violent Crime and For Other Purposes.M. Romano SPL RA 9262 Anti-VAWC (f) Advising the petitioner on the availability of an affidavit of indigency in lieu of payment of the filing fee.Aggabao. including their rights as victims.

or when he/she has personal knowledge that any act of abuse has just been committed. and (h) immediately report the call for assessment or assistance of the DSWD. (f) ensure the enforcement of the Protection Orders issued by the Punong Barangay or the courts. and there is imminent danger to the life or limb of the victim as defined in this Act. (e) assist the barangay officials and other government officers and employees who respond to a call for help. (c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital. Ayento. (d) assist the victim in removing personal belongs from the house. (b) confiscate any deadly weapon in the possession of the perpetrator or within plain view. Romano SPL RA 9262 Anti-VAWC (a) 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. (g) arrest the suspected perpetrator without a warrant when any of the acts of violence defined by this Act is occurring. .Aggabao. social Welfare Department of LGUs or accredited non-government organizations (NGOs).

including. civil or administrative liability. the law enforcers cannot immediately respond to the call of help of the victim without first obtaining court order as they may violate the constitutional right of the perpetrator. Ayento.000. an attending physician.M.Aggabao. In the Supreme Court Issuance A. barangay health worker. therapist or counselor who suspects abuse or has been informed by the victim of violence shall: . Healthcare Provider Response to Abuse – Any healthcare provider. Romano SPL RA 9262 Anti-VAWC Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not exceeding Ten Thousand Pesos (P10. Section 18 par. 2 states that: The law enforcement officer shall submit a written report to the court within twenty-four hours from receipt setting forth compliance with such order. The law enforcers have the power to respond to the call of help of the victim and to enter premises where the victim is located whether or not there is a protection order. SECTION 31. Rule on Violence Against Women. It enumerates the duties of the barangay officials and law enforcers and at the same time defines the scope of their power. Section 30 is a very important article. The law enforcers may also arrest the perpetrator without a warrant but personal knowledge of the abuse is necessary and there must also be an imminent danger to the life of the victim. clinician. 04-10-11 i. The law enforcers also have the duty to report to the court that the incident happened and failure of which imposes liability to the law enforcers. nurse. No. but not limited to.e.00) or whenever applicable criminal. Without this article.

The following are health care providers.Aggabao. Ayento. observations and circumstances of the examination or visit. and services available to them. (b) properly record any of victim's suspicions. and (e) provide the victim immediate and adequate notice of rights and remedies provided under this Act. education and information campaign and seminars or symposia on the nature. but not limited to: 1) 2) 3) 4) 5) 6) Physician Nurse Clinician Barangay health worker Therapist Counselor The duties of the healthcare provider revolve around their responsibility to record the injuries obtained by the victim and make them available to the victim. SECTION 32. Duties of Other Government Agencies and LGUs – Other government agencies and LGUs shall establish programs such as. causes. but not limited to. Romano SPL RA 9262 Anti-VAWC (a) properly document any of the victim's physical. emotional or psychological injuries. incidence and . (d) safeguard the records and make them available to the victim upon request at actual cost. (c) automatically provide the victim free of charge a medical certificate concerning the examination or visit.

SECTION 33. Ayento. 411. 9262. 412 and 413 of the Local Government Code of 1991 shall not apply in proceedings where relief is sought under this Act. Failure to comply with this Section shall render the official or judge administratively liable. Romano SPL RA 9262 Anti-VAWC consequences of such violence particularly towards educating the public on its social impacts. . 31Sec. Barangay Kagawad or the court hearing an application for a protection order shall not order. Section 7 of the Family Courts Act 31 speaks of special provisional remedies such as temporary custody of the children. Section 7 of the Family Courts Act of 1997 and Sections 410.A.Aggabao. – A Punong Barangay. force or in any way unduly influence he applicant for a protection order to compromise or abandon any of the reliefs sought in the application for protection under this Act. the Family Court may issue a restraining order against the accused of defendant upon verified application by the complainant or the victim for relief from abuse. direct. It shall be the duty of the concerned government agencies and LGU's to ensure the sustained education training of their officers and personnel on the prevention of violence against women and their children under the Act. Prohibited Acts.In cases of violence among immediate family members living in the same domicile or household. The court may also order support pendente lite. . The court may order the temporary custody of children in all civil actions for their custody. including deduction from the salary and use of conjugal home and other properties in all civil actions for support. 7. Government agencies must not only educate and inform but they must also make sure that remedies are available to the victims. support pende lite including deduction from salary and use of conjugal home are not available where relief is being prayed for under R. Special Provisional Remedies.

Conciliation. the award shall be written in the language or dialect known to them. the settlement shall be written in the language known to them. with notice to the complainant(s) for them and their witnesses to appear before him for a mediation of their conflicting interests. hearing. or arbitration. (b) Mediation by lupon chairman . Such agreement to arbitrate may be repudiated within five (5) days from the date thereof for the same grounds and in accordance with the procedure hereinafter prescribed. acting in accordance with law. . bias.Upon receipt of the complaint. SECTION 34. The prescriptive periods shall resume upon receipt by the complainant of the complainant or the certificate of repudiation or of the certification to file action issued by the lupon or pangkat secretary: Provided. Romano SPL RA 9262 Anti-VAWC Sections 41032. orally or in writing. (c) Conciliation among members of indigenous cultural communities.The customs and traditions of indigenous cultural communities shall be applied in settling disputes between members of the cultural communities. to the lupon chairman of the barangay. and that no conciliation or settlement has been reached as certified by the lupon secretary or pangkat secretary as attested to by the lupon or pangkat chairman or unless the settlement has been repudiated by the parties thereto. That such interruption shall not exceed sixty (60) days from the filing of the complaint with the punong barangay. Procedure for Amicable Settlement. In the event that a party moves to disqualify any member of the pangkat by reason of relationship. at any stage of the proceedings.Upon payment of the appropriate filing fee. When the parties to the dispute do not use the same language or dialect. he shall forthwith set a date for the constitution of the pangkat in accordance with the provisions of this Chapter. petition. Should disqualification be decided upon. 35 Section 413. and attested to by the lupon chairman or the pangkat chairman. however. conciliation. simplify issues.While the dispute is under mediation.The parties may go directly to court in the following instances: (1) Where the accused is under detention. This period shall.No complaint. . and (4) Where the action may otherwise be barred by the statute of limitations. (2) Where a person has otherwise been deprived of personal liberty calling for habeas corpus proceedings. attachment. responds or intervenes 32 Section 410. on the day and hour set by the lupon chairman. and explore all possibilities for amicable settlement. Ayento. except in clearly meritorious cases 33 Section 411.The pangkat shall convene not later than three (3) days from its constitution. any person. grounds for disqualification . any individual who has a cause of action against another individual involving any matter within the authority of the lupon may complain. For this purpose. (b) The arbitration award shall be in writing in a language or dialect known to the parties. or any other similar grounds discovered after the constitution of the pangkat. When the parties to the dispute do not use the same language or dialect. be extendible for another period which shall not exceed fifteen (15) days. the matter shall be resolved by the affirmative vote of the majority of the pangkat whose decision shall be final. Persons Intervening Exempt from Liability. unless there has been a confrontation between the parties before the lupon chairman or the pangkat. Arbitration. conciliation and arbitrationwhich are prohibited under the Act.Aggabao. or proceeding involving any matter within the authority of the lupon shall be filed or instituted directly in court or any other government office for adjudication. . private individual or police authority or barangay official who. (3) Where actions are coupled with provisional remedies such as preliminary injunction. -(a) Pre-condition to Filing of Complaint in Court. in a language or dialect known to the parties. at the discretion of the pangkat.The pangkat shall arrive at a settlement or resolution of the dispute within fifteen (15) days from the day it convenes in accordance with this section. – In every case of violence against women and their children as herein defined. If he fails in his mediation effort within fifteen (15) days from the first meeting of the parties before him.All amicable settlements shall be in writing. -(a) The parties may. the prescriptive periods for offenses and cause of action under existing laws shall be interrupted upon filing the complaint with the punong barangay. . to hear both parties and their witnesses. interest. (b) Where Parties May Go Directly to Court. signed by them. (e) Period to arrive at a settlement . the lupon chairman shall within the next working day summon the respondent(s). the pangkat may issue summons for the personal appearance of parties and witnesses before it. The arbitration award shall be made after the lapse of the period for repudiation and within ten (10) days thereafter. 34 Section 412. . (c) Suspension of prescriptive period of offenses . -(a) Who may initiate proceeding . the resulting vacancy shall be filled as herein provided for. action. agree in writing that they shall abide by the arbitration award of the lupon chairman or the pangkat. Form of settlement. delivery of personal property and support pendente lite. 41234 and 41335 of the Local Government Code speak of amicable settlement. 41133. as the case may be. (d) Issuance of summons.

SECTION 35. victims of violence against women and their children shall have the following rights: (a) to be treated with respect and dignity. Romano SPL RA 9262 Anti-VAWC without using violence or restraint greater than necessary to ensure the safety of the victim. (b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any public legal assistance office.Aggabao. Ayento. shall not be liable for any criminal. – In addition to their rights under existing laws. Rights of Victims. . and (e) To be informed of their rights and the services available to them including their right to apply for a protection order. civil or administrative liability resulting therefrom. civil or administrative liability but the following elements must concur: 1) he must act to ensure the safety of the victim 2) he must act in accordance with the law 3) he must not act with violence or restraint greater than necessary The third element means that as much as possible the person ensuring the safety of the victim must not resort to violence as a means to save the victim but if violence is necessary to repel the aggression of the perpetrator then the force applied must be reasonable. Persons who ensure safety of the victim are exempt from criminal. (c) To be entitled to support services form the DSWD and LGUs' (d) To be entitled to all legal remedies and support as provided for under the Family Code.

The civil action for damages shall be governed by the 1997 Rules of Civil Procedure. the court must have take into consideration the factors needed in the assessment of damages.37 Evidence of actual and compensatory damages is likewise required in criminal cases. In determining the amount of damages.38 36 A.Aggabao. . – Any victim of violence under this Act shall be entitled to actual. conjecture or guesswork. Ayento. Sexual Harassment. compensatory. The claim for damages to be recoverable must not only be capable of proof. Law and Procedure on Rape. N. and Violence Against Women and Children. Romano SPL RA 9262 Anti-VAWC SECTION 36. It cannot be based on flimsy and non-substantial evidence or upon the speculation. the offended party cannot recover the same damages twice for the same act or omission. but must be actually proved with reasonable degree of certainty. However.It cannot be presumed. . Inc. (2005). 35. Courts cannot give judgment for a greater amount of damages than that actually proved.M. 04-10-11 37 Aguilar. moral and exemplary damages. Damages. Section 35 of the Rule on Violence Against Women and their Children36 states that: SEC. Quezon City: Central Book Supply. Prosecution of civil action for damages. Neither do the trial court nor the appellate court is authorized to adopt its own knowledge as a basis for the assessment must be based on the evidence submitted.

the court shall accept the application without payment of the filing fee and other fees and of transcript of stenographic notes. The provision is in accordance with the Constitutional mandate to provide legal assistance to the underprivileged. political and financial standing of the offended party on one hand. Hold Departure order(HDO) is an order issued by a competent authority preventing the departure of a person named in the said order form going out of the country.39 SECTION 37. Hold Departure Order. 39 Ibid . – The court shall expedite the process of issuance of a hold departure order in cases prosecuted under this Act. Romano SPL RA 9262 Anti-VAWC In order that moral damages may be awarded. and the business and the financial position of the offender on the other hand. social. – If the victim is an indigent or there is an immediate necessity due to imminent danger or threat of danger to act on an application for a protection order. Exemption from Payment of Docket Fee and Other Expenses. the amount of indemnity being left to the discretion of the court. Ayento. Law and Procedure on Rape. (2005). Among the factors courts take into account in assessing moral damages are the professional. It took into account the fact that majority of the abused women 38 Aguilar.Aggabao. and Violence Against Women and Children. N. Quezon City: Central Book Supply. SECTION 38. Sexual Harassment. HDO may be issued for the purpose of assuring that the perpetrator will not be able to escape liability by going abroad. it nevertheless essential that the claimant satisfactorily proves the existence of the factual basis of the damage and its causal relation to defendant’s acts. Inc.

Inc. (f) Department of Justice (DOJ). there is hereby established an InterAgency Council on Violence Against Women and their children. hereinafter known as the Council. (d) Commission on Human rights (CHR) (e) Council for the Welfare of Children (CWC). Sexual Harassment. The provision mandates the court to accept the petition without prepayment of the required fees even if the petitioner is not indigent if there is an immediate necessity to act on the on the petition due to imminent danger or threat of danger to the petitioner. Law and Procedure on Rape. (2005). which shall be composed of the following agencies: (a) Department of Social Welfare and Development (DSWD). and Violence Against Women and Children. Romano SPL RA 9262 Anti-VAWC and children come from economically depressed area. 40 Aguilar. (g) Department of the Interior and Local Government (DILG).40 SECTION 39. In pursuance of the abovementioned policy. (b) National Commission on the Role of Filipino Women (NCRFW). Inter-Agency Council on Violence Against Women and Their Children (IACVAWC).It is noted that violence is sometimes committed during nighttime and its unpredictability precludes the victims from immediately having the means to pay the fees required in the filing of petition. Quezon City: Central Book Supply. . N. Ayento.Aggabao. (c) Civil Service Commission (CSC).

. and (l) National Bureau of Investigation (NBI). The Council will also serve as the monitoring body as regards to VAW initiatives.Aggabao. These agencies are tasked to formulate programs and projects to eliminate VAW based on their mandates as well as develop capability programs for their employees to become more sensitive to the needs of their clients. These representatives shall attend Council meetings in their behalf. and shall receive emoluments as may be determined by the Council in accordance with existing budget and accounting rules and regulations. (i) Department of Health (DOH). Section 39 requires the enumerated government agencies to form a council to be able to assure that there will be projects and campaigns fighting the violence against women and their children(VAWC) and to ensure that there will be programs implemented to raise awareness of the effects of VAWC. (j) Department of Education (DepEd). Ayento. The Council members may designate their duly authorized representative who shall have a rank not lower than an assistant secretary or its equivalent. Romano SPL RA 9262 Anti-VAWC (h) Philippine National Police (PNP). (k) Department of Labor and Employment (DOLE).

Mandatory Programs and Services for Victims. . for rehabilitation and counseling programs and to learn ways of coping with anger and emotional outburst and reform their ways. –All agencies involved in responding to violence against women and their children cases shall be required to undergo education and training to acquaint them with: a. Ayento. and LGU's shall provide the victims temporary shelters. The DOH shall provide medical assistance to victims. Romano SPL RA 9262 Anti-VAWC SECTION 40. SECTION 41. b. the legal rights of. Training of Persons Involved in Responding to Violence Against Women and their Children Cases.Aggabao. not only for the victims but also for the perpetrator. provide counseling. the offender shall be ordered by the Court to submit to psychiatric treatment or confinement. When necessary. the nature. – The DSWD. rehabilitation programs and livelihood assistance. Counseling and Treatment of Offenders. recovery. – The DSWD shall provide rehabilitative counseling and treatment to perpetrators towards learning constructive ways of coping with anger and emotional outbursts and reforming their ways. The law mandates DSWD to provide for necessary programs. SECTION 42. psycho-social services and /or. extend and causes of violence against women and their children. victims of violence against women and their children. and remedies available to.

Any employer who shall prejudice the right of the person under this section shall be penalized in accordance with the provisions of the Labor Code and Civil Service Rules and Regulations. SECTION 43. Ayento. The PNP. an employer who shall prejudice any person for assisting a coemployee who is a victim under this Act shall likewise be liable for discrimination. the legal duties imposed on police officers to make arrest and to offer protection and assistance. Romano SPL RA 9262 Anti-VAWC c. powers and limitations of their power to be able to perform their job well and within the mandates of the law. the services and facilities available to victims or survivors. in coordination with LGU's shall establish an education and training program for police officers and barangay officials to enable them to properly handle cases of violence against women and their children.Aggabao. Likewise. Entitled to Leave. Law enforcers and persons who are responsible for responding to save the victim are required to undergo training to acquaint themselves to all the necessary information. extendible when the necessity arises as specified in the protection order. – 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. techniques for handling incidents of violence against women and their children that minimize the likelihood of injury to the officer and promote the safety of the victim or survivor. d. and e. .

Aggabao. Retrieved: January 3.com/howto-avail-of-leave-for-victims-under-the-anti-violence-against-women-law/ . “How to Avail Leave for Victims of Violence against Women and their Children”. it shall not be convertible into cash and shall not be cumulative. Romano SPL RA 9262 Anti-VAWC Women employees. employer. The leave benefit shall cover the days that the woman employee has to attend to medical and legal concerns.A. who are victims as defined in Republic Act No. The usage of the ten-day leave shall be at the option of the woman employee. as specified in the protection order issued by the barangay or the court. the only requirement is for the victimemployee to present to her employer a certification from the barangay chairman (Punong Barangay) or barangay councilor (barangay kagawad) or prosecutor or the Clerk of Court. Ayento. Whoever publishes or causes to be published.41 SECTION 44. Confidentiality. 9262. address. in any format. telephone number. In the event that the leave benefit is not availed of. otherwise known as the Anti-Violence against Women and Their Children Law. school. the name. without the latter's consent. are entitled to a leave of up to ten (10) days with full pay. business address. as the case may be. or other identifying information of a victim or an immediate family member. In order to be entitled to the leave benefit. The said leave shall be extended when the need arises. 2014 from http://ndvlaw. – All records pertaining to cases of violence against women and their children including those in the barangay shall be confidential and all public officers and employees and public or private clinics to hospitals shall respect the right to privacy of the victim. shall be liable to the contempt power of the court. that an action relative to the matter is pending. 41 N.

in any format.000. telephone number school. Quezon City: Central Book Supply. it imposes a penalty of one year imprisonment and a fine of not more than Five Hundred Thousand (P500. without the latter’s consent or without the authority of the court.42 42 Aguilar. Sexual Harassment. (2005). and Violence Against Women and Children. The law places a high premium on the privacy and confidentiality proceedings. Law and Procedure on Rape. business address. N. Romano SPL RA 9262 Anti-VAWC Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and a fine of not more than Five Hundred Thousand pesos (P500. Ayento. address. . Inc. employer or other identifying information of the parties or an immediate family or household member.00).000) Pesos on those who publish or caused to be published. hence.Aggabao. the name.