RA 9262 – ANTI-VIOLENCE AGAINST WOMEN AND CHILDREN

Short title – Anti-Violence against Women and their Children Act of 2004

DEFINITIONS (Sec 3) :

 Violence against women and their children - any act or a series of acts committed by any person
against a woman who is his wife, former wife, or against a woman with whom the person has or had
a sexual or dating relationship, or with whom he has a common child, or against her child whether
legitimate or illegitimate, within or without the family abode, which result in or is likely to result in
physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts,
battery, assault, coercion, harassment or arbitrary deprivation of liberty

 Battery - an act of inflicting physical harm upon the woman or her child resulting to the physical and
psychological or emotional distress

 Stalking - refers to an intentional act committed by a person who, knowingly and 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

 Dating relationship - 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. A casual acquaintance or ordinary socialization between two individuals in a business
or social context is not a dating relationship

 Sexual relations - a single sexual act which may or may not result in the bearing of a common child

 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. 7610.
- it includes the biological children of the victim and other children under
her care.

SPECIFIC ACTS OF VIOLENCE (Includes but not limited)

1. Sexual Violence (Sec 3) - an act which is sexual in nature, committed against a woman or her child
a.)
 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;

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 b.) acts causing or attempting to cause the victim to engage in any sexual activity by:
o force,
o threat of force,
o physical or other harm or
o threat of physical or other harm or
o coercion

c.) Prostituting the woman or child

2. Psychological Violence (Sec 3) - acts or omissions causing or likely to cause mental or emotional
suffering of the victim such as but not limited to

o intimidation,
o harassment,
o stalking,
o damage to property,
o public ridicule or humiliation,
o repeated verbal abuse and
o mental infidelity.
- It includes causing or allowing the victim to
o witness the physical, sexual or psychological abuse of a member of the family to
which the victim belongs, or
o to witness pornography in any form or to witness abusive injury to pets or
o to unlawful or unwanted deprivation of the right to custody and/or visitation of
common children

3. Economic Abuse (Sec 3) - acts that make or attempt to make a woman financially dependent which
includes, but is not limited to the following:

a.) 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;

b.) 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;

c.) destroying household property;

d.) controlling the victims' own money or properties or solely controlling the conjugal money or
properties.

4. Physical Abuse (Sec 5) – consisting of battering, assault, coercion, harassment or arbitrary

deprivation of liberty

a.) Causing physical harm to the woman or her child;

b.) Threatening to cause the woman or her child physical harm;

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c.) Attempting to cause the woman or her child physical harm;

d.) Placing the woman or her child in fear of imminent physical harm;

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, or attempting to restrict or restricting the woman's or her child's
freedom of movement or conduct by force or threat of force, physical or other harm or threat of
physical or other harm, or intimidation directed against the woman or child. This shall include,
but not limited to, the following acts committed with the purpose or effect of controlling or
restricting the woman's or her child's movement or conduct:

 Threatening to deprive or actually depriving the woman or her child of custody to her/his
family;
 Depriving or threatening to deprive the woman or her children of financial support legally
due her or her family, or deliberately providing the woman's children insufficient financial
support;
 Depriving or threatening to deprive the woman or her child of a legal right;
 Preventing the woman in engaging in any legitimate profession, occupation, business or
activity or controlling the victim's own mon4ey or properties, or solely controlling the
conjugal or common money, or properties;

(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her
actions or decisions;

(g) Causing or attempting to cause the woman or her child to engage in any sexual activity
which does not constitute rape, by force or threat of force, physical harm, or through intimidation
directed against the woman or her child or her/his immediate family;

(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that
alarms or causes substantial emotional or psychological distress to the woman or her child. This
shall include, but not be limited to, the following acts:

 Stalking or following the woman or her child in public or private places;

 Peering in the window or lingering outside the residence of the woman or her child;
 Entering or remaining in the dwelling or on the property of the woman or her child
against her/his will;
 Destroying the property and personal belongings or inflicting harm to animals or pets of
the woman or her child; and
 Engaging in any form of harassment or violence;

(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child,
including, but not limited to, repeated verbal and emotional abuse, and denial of financial
support or custody of minor children of access to the woman's child/children.

 if committed
 while the woman or the child is pregnant
 committed in the presence of her child

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 - maximum period of penalty is imposed

RULES OF PENALTIES

 Penalties used and followed are from RPC

o modifying circumstances
o ISL
 Sec 6 – when crime results to or constitutes:
o parricide (attempted, frustrated, consummation)
o murder (attempted, frustrated, consummation)
o homicide (attempted, frustrated, consummation)
o mutilation
- punished in accordance with the provisions of the RPC
- law appears to favor absorption like RA 7610

Protective policies under the law

1. Victims who are found by courts to be suffering from Battered Woman Syndrome (BWS) (Sec 26)
 no criminal/civil liability even with no justifying circumstance of self-defense under RPC

2.  Protection Orders (Sec 8)

 issued to prevent further acts of violence against a woman or her child and granting other
necessary relief
 to be enforced by law enforcement agencies
 these are:
o BPO (barangay protection order)
o TPO (temporary protection order)
o PPO (permanent protection order)
 relief granted even without :
o decree of legal separation/annulment
o declaration of nullity of marriage
 protection granted ex parte

3. Who may file Petition for Protection Orders? (Sec 9)

 may be filed by any of :

(a) the offended party;

(b) parents or guardians of the offended party;
(c) ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity
or affinity;
(d) officers or social workers of the DSWD or social workers of local government units (LGUs);
(e) police officers, preferably those in charge of women and children's desks;

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 (f) Punong Barangay or Barangay Kagawad;
(g) lawyer, counselor, therapist or healthcare provider of the petitioner;
(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
 enforceable anywhere in the Philippines
 violation fine : P 5,000.00 – P50,000.00
and/or imprisonment of six months

ILLUSTRATIVE CASES
A. People vs Genosa
 How one becomes a battered woman?
o battered woman – 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
o include wives or women in any form of intimate relation with men
o to be classified as such, couple went through battering cycle at least twice
o battering cycle occurs a second time and woman remains in the situation
o common personality traits exhibited by battered women
 low self esteem
 traditional beliefs about the home, the family and the female sex role
 emotional dependence upon the dominant male
 tendency to accept responsibility for the batterer’s actions
 false hope that the relationship will improve
 The Battered woman syndrome
o characterized by the “cycle of violence”
o has 3 phases
(1) the tension-building phase;
(2) the acute battering incident; and
(3) the tranquil, loving (or, at least, nonviolent) phase
o tension-building phase- minor battering occurs –
 verbal or slight physical abuse or another form of hostile behavior.
 The woman tries to pacify the batterer but this "placatory" and passive
behavior legitimizes his belief that he has the right to abuse her
 at some point, the violence "spirals out of control" and leads to an acute
battering incident

o acute battering incident - characterized by brutality, destructiveness and,

sometimes, death
 battered woman deems this incident as unpredictable, yet also inevitable
 At this stage, she has a sense of detachment from the attack and the terrible
pain

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  Acute battering incidents are often very savage and out of control, such that
innocent bystanders or intervenors are likely to get hurt
o tranquil period –the final phase of the cycle of violence begins when the acute
battering incident ends
 the couple experience profound relief
 On the one hand, the batterer may show a tender and nurturing behavior
towards his partner
o Effect of Battery
 because of recurring cycles of violence experienced, the abused woman’s
state of mind metamorphoses
 In determining her state of mind, expert evidence on psychological effect on
wives and common law partners are both relevant and necessary
 expert opinion is essential
 "overwhelming brutality, trauma" could result in posttraumatic stress disorder,
a form of "anxiety neurosis or neurologic anxietism.
 After being repeatedly and severely abused, battered persons "may believe
that they are essentially helpless, lacking power to change their situation
 battered woman believes that she is somehow responsible for the violent
behavior of her partner, she also believes that he is capable of killing her, and
that there is no escape.
 feels unsafe, suffer from pervasive anxiety, and usually fail to leave the
relationship

 BATTERED WOMAN SYNDROME AS A FORM OF SELF-DEFENSE

o BWS – a form of self defense which is a justifying circumstance

o if already suffering from the syndrome, further evidence of actual physical assault at
the time of the killing – not required
o Still, impending danger prior to defendant’s use of deadly force must be shown
 threatening behavior or communication (imminent danger)
o all three phases of cycle of violence which have occurred at least twice must be
proved
o the existence of the syndrome in a relationship does not in itself establish the legal
right of the woman to kill her abusive partner.
o Evidence must still be considered in the context of self-defense.
o the one who resorts to self-defense must face a real threat on one's life; and the peril
sought to be avoided must be imminent and actual, not merely imaginary
o Unlawful aggression is the most essential element of self-defense.It presupposes
actual, sudden and unexpected attack -- or an imminent danger thereof -- on the life
or safety of a person.
o aggression, if not continuous, does not warrant self-defense
o In fine, BWS to justify the killing:
1.) Each of the phases of the cycle of violence must be proven to have
characterized at least two battering episodes between the appellant and her intimate
partner.
 
2.) The final acute battering episode preceding the killing of the batterer must have
produced in the battered person's mind an actual fear of an imminent harm from her
batterer and an honest belief that she needed to use force in order to save her life. 

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 3.) At the time of the killing, the batterer must have posed probable -not necessarily
immediate and actual grave harm to the accused, based on the history of violence
perpetrated by the former against the latter.

 MITIGATING CIRCUMSTANCES IN FAVOR OF THE BATTERED WOMAN

o If invocation of self-defense fails, the BWS may give rise to 2 mitigating circumstances

(a) psychological paralysis

 diminution of freedom of action, intelligence or intent analogous to illness that
diminishes exercise of will power without depriving her of consciousness of
her acts
 arose from the cynical nature and severity of battery

(b) passion and obfuscation

 having acted upon an impulse so powerful as to have naturally produced
passion and obfuscation
 this state of mind is present when a crime is committed as a result of an
uncontrollable burst of passion provoked by prior unjust or improper acts or
by a legitimate stimulus so powerful as to overcome reason , like acute
battering incident
 arose from violent aggression he had inflicted on her prior to the killing
 requisites
(1) there is an act, both unlawful and sufficient to produce such a condition of
mind; and
(2) this act is not far removed from the commission of the crime by a
considerable length of time, during which the accused might recover her
normal equanimity.

 GENOSA CASE RULING

Killing is not Justified
 The defense fell short of proving all three phases of the "cycle of violence" supposedly
characterizing the relationship of Ben and Marivic Genosa.
 There were acute battering incidents as she explained in detail the typical
characteristics of this stage
 However, that single incident does not prove the existence of the syndrome
 she failed to prove that in at least another battering episode in the past, she had gone
through a similar pattern.
 In criminal cases, all the elements of a modifying circumstance must be proven in order
to be appreciated
 crucial to the BWS defense is the state of mind of the battered woman at the time of the
offense-- she must have actually feared imminent harm from her batterer and honestly
believed in the need to kill him in order to save her life
 According to the testimony of Marivic herself, there was a sufficient time interval
between the unlawful aggression of Ben and her fatal attack upon him. She had already
been able to withdraw from his violent behavior and escape to their children's bedroom.
During that time, he apparently ceased his attack and went to bed. The reality or even
the imminence of the danger he posed had ended altogether.
 In the absence of such aggression, there can be no self-defense -- complete or
incomplete -- on the part of the victim. Thus, Marivic's killing of Ben was not completely
justified under the circumstances.
Mitigating circumstances present
 Based on the explanations of the expert witnesses, the manifestations were analogous
to an illness that diminished the exercise by appellant of her will power without,
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 however, depriving her of consciousness of her acts. There was, thus, a resulting
diminution of her freedom of action, intelligence or intent. Pursuant to paragraphs 9 and
10  of Article 13 of the Revised Penal Code, this circumstance should be taken in her
favor and considered as a mitigating factor. 
 In addition, the court find in favor of appellant the extenuating circumstance of having
acted upon an impulse so powerful as to have naturally produced passion and
obfuscation. It has been held that this state of mind is present when a crime is
committed as a result of an uncontrollable burst of passion provoked by prior unjust or
improper acts or by a legitimate stimulus so powerful as to overcome reason.

 GENOSA vis a Vis Section 26 of RA 9262

o case decided on Jan 15, 2004
o RA 9262 approved on Mar 8, 2004
 Sec 26, RA 9262
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 RPC

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, the courts
shall be assisted by expert psychiatrists/ psychologists

o Whether the law modified the doctrine on actual or imminent unlawful aggression for
self-defense as far as battered women suffering from BWS is concerned - YES
o Whether or not there is a continuous availability of this privilege on the part of the victim-
survivor , that she has a “license to kill” the batterer anytime, anywhere at will- YES
o Sec 34 – extends the exemption to persons intervening to insure the safety of the victim,
provided he uses force or restraint not greater than necessary

B. MELGAR VS PEOPLE

 Melgar was convicted for violation of Sec. 5 of RA 9262

That on or about the month of August, 2001 and subsequent thereto, in the City of Cebu,
Philippines and within the jurisdiction of this Honorable Court, the said accused, having the
means and capacity to give financial support, with deliberate intent, did then and there
commit acts of economic abuse against one [AAA, ] and her minor son, [BBB] (12 years
old), by depriving them of financial support, which caused mental or emotional anguish,
public ridicule or humiliation, to AAA and her son.
CONTRARY TO LAW.

 Economic abuse – its nature and specific acts covered

o "Economic abuse" - acts that make or attempt to make a woman financially
dependent which includes, but is not limited to the following:

1. 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;

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 2. 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;

3. destroying household property;

4. controlling the victim's own money or properties or solely controlling the conjugal
money or properties.

o Under the Family Code, parents are obliged to provide for their children, whether
legitimate or illegitimate, support which comprises everything indispensable for
sustenance, dwelling, clothing, medical attendance, education and
transportation, in keeping with the financial capacity of the family.
o Under Sec 5(e) of RA 9262, the deprivation or denial of financial support to the
child is considered an act of violence against women and children.
o Notably, case law instructs that the act of denying support to a child is a
continuing offense.

 Psychological violence – means to commit economic abuse

o Sec 5(i) of RA 9262 – punishes as a form of psychological violence the act of "causing
mental or emotional anguish, public ridicule or humiliation to the woman or her
child, including, but not limited to, repeated verbal and emotional abuse, and denial of
financial support or custody of minor children or denial of access to the woman's
child/children."
o Element of Sec. 5(i) of RA 9262
 psychological violence – means employed by the perpetrator
 proof of commissions of acts under Sec 5(i)
 mental or emotional anguish cause on the victim – effect caused to or damage
sustained by the offended party
 personal testimony of the victim
o Prove:
1. denial of support (economic abuse)
2. caused mental or emotional anguish to the woman-victim and/or common child

 MELGAR CASE RULING

o While the prosecution had established that Melgar indeed deprived AAA and BBB of
support, no evidence was presented to show that such deprivation caused either AAA or
BBB any mental or emotional anguish. Therefore, Melgar cannot be convicted of
violation of Section 5 (i) of RA 9262. This notwithstanding - and taking into consideration
the variance doctrine which allows the conviction of an accused for a crime proved which
is different from but necessarily included in the crime charged - the courts a
quo correctly convicted Melgar of violation of Section 5 (e) of RA 9262 as the deprivation
or denial of support, by itself and even without the additional element of psychological
violence, is already specifically penalized therein.

 PENALTY
o Section 6 provides the penalty for Sec 5(e) – prision correctional
o if the special penal law adopts the nomenclature of the penalties under the RPC, the
ascertainment of the indeterminate sentence will be based on the rules applied for those
crimes punishable under the RPC.

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C. AAA vs BBB

 Case: Whether the Philippine Courts have jurisdiction on a case where an offense
constituting psychological violence committed through marital infidelity, when the alleged
illicit relationship occurred or is occurring outside the country.

 Elements of Psychological Violence under Sec. 5(i) (Dinamling vs People)

(1) The offended party is a woman and/or her child or children;

(2) The woman is either the wife or former wife of the offender, or is a woman with whom the
offender has or had a sexual or dating relationship, or is a woman with whom such offender has
a common child. As for the woman's child or children, they may be legitimate or illegitimate, or
living within or without the family abode;

(3) The offender causes on the woman and/or child mental or emotional anguish; and

(4) The anguish is caused through acts of public ridicule or humiliation, repeated verbal and
emotional abuse, denial of financial support or custody of minor children or access to the
children or similar such acts or omissions.

o R.A. No. 9262 criminalizes is not the marital infidelity per se but the psychological violence
causing mental or emotional suffering on the wife.

o Marital infidelity as cited in the law is only one of the various acts by which psychological
violence may be committed. 

o the mental or emotional suffering of the victim is an essential and distinct element in the
commission of the offense.

 VENUE TO ACQUIRE JURISDICTION

o  It is a fundamental rule that for jurisdiction to be acquired by courts in criminal cases,
the offense should have been committed or any one of its essential ingredients should
have taken place within the territorial jurisdiction of the court. 

o Thus, it cannot take jurisdiction over a person charged with an offense allegedly
committed outside of that limited territory.

 VENUE OF THE CRIME OF PSYCHOLOGICAL VIOLENCE

o The theory is that a person charged with a transitory offense may be tried in any
jurisdiction where the offense is in part committed.

 PSYCHOLOGICAL VIOLENCE IS A TRANSITORY OR CONTINUING CRIME

o The law contemplates that acts of violence against women and their children may
manifest as transitory or continuing crimes

o It is necessary, for Philippine courts to have jurisdiction when the abusive conduct or act
of violence under Section 5(i) of R.A. No. 9262 in relation to Section 3(a), Paragraph (C)
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 was committed outside Philippine territory, that the victim be a resident of the place
where the complaint is filed in view of the anguish suffered being a material element of
the offense.

o In the present scenario, the offended wife and children of respondent husband are
residents of Pasig City since March of 2010. Hence, the RTC of Pasig City may exercise
jurisdiction over the case.

 COURT OF JURISDICTION OVER PSYCHOLOGICAL VIOLENCE DUE TO MARITAL

INFIDELITY COMMITTED ABROAD
o Even if the alleged extra-marital affair causing the offended wife mental and emotional
anguish is committed abroad, the same does not place a prosecution under R.A. No.
9262 absolutely beyond the reach of Philippine courts because the mental and
emotional anguish is caused in the Philippines

D. DEL SOCORRO vs WILSEM

 ISSUES
1. Whether or not a foreign national has an obligation to support his minor child under
Philippine law; and
2. Whether or not a foreign national can be held criminally liable under R.A. No. 9262 for his
unjustified failure to support his minor child

 VIOLATION OF RA 9262 BY ALIEN FOR FAILURE TO GIVE SUPPORT

o Respondent may be made liable under Section 5(e) and (i) of R.A. No. 9262 for unjustly
refusing or failing to give support to petitioner’s son
o Since respondent is currently living in the Ph, the Territoriality Principle in criminal law, in
relation to Article 14 of the New Civil Code, applies
o  alleged continuing acts of respondent in refusing to support his child with petitioner is
committed here in the Philippines as all of the parties herein are residents of the
Province of Cebu City.
o As such, our courts have territorial jurisdiction over the offense charged against
respondent.
o It is likewise irrefutable that jurisdiction over the respondent was acquired upon his
arrest.

 PRESCRIPTION OF THE OFFENSE

o The act of denying support to a child under Section 5(e)(2) and (i) of R.A. No. 9262 is
a continuing offense
o  The crime charged in the instant case has clearly not prescribed.
o REMANDED to RTC to determine evidence of support

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