INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM MODULE

QUARTER/DOMAIN HOURS
BSC 4th Year
Q1

Name: ___________________________Year Section:___________________

UNIT TITLE: Legal Medicine

TITLE OF THE LESSON: The Anti-Violence Against Women and Their Children
(RA 9262)
INTRODUCTION:
A National Demographic and Health Survey (NDHS) conducted by National Statistics
Office (NSO) with women participants aged 15–49 years old found out that one in
five women have experienced physical abuse from their husbands, and 4% of these
women have experienced such act of violence during their pregnancy.
Domestic violence committed to women who are widowed or separated might also
be the reason of their separation or annulment. These women were not exempted
from experiencing sexual violence as one in twenty-five of the participants were
forced to engage in sexual intercourse on their first ever sexual experience; while
one in ten experienced sexual abuse.
The most common types of spousal violence, apart from physical and sexual
violence, were emotional and other forms of non-personal violence. As a result, one
in three women have reported to the authority of their experience of violence with
marks of trauma left by their physical injuries. About 10% are haunted by
psychological scars, as three in five abused women are left with depression, anxiety,
and anger which could develop into their attempts to commit suicide.

OBJECTIVES/COMPETENCIES
 Grasp the importance and the application of RA 9262
 Understand the salient features of Anti-Rape Law RA 8353

PRETEST
1) What is Violence Against Women and Their Children?
2) Who are the women protected under RA 9262?
LESSON PROPER

Republic Act No. 9262

“The Anti – Violence Against Women & Their Children Act of 2004”

WHAT IS RA 9262?

 It is a special law, otherwise known as Anti-Violence Against Women and their

Children Act of 2004 (Anti-VAWC), which penalizes as a public crime certain
acts of violence against women and their children.

WHEN WAS THE LAW SIGNED AND BECAME EFFECTIVE?

 The law was signed last March 8, 2004. It took effect on March 27.

WHAT IS “VIOLENCE AGAINST WOMEN AND THEIR CHILDREN”?

VAWC is any act or a series of acts committed against the victim which result in or is
likely to result in;

 Physical abuse
 Sexual abuse
 Psychological harm or suffering
 Economic abuse

Including threats of such acts, battery, assault, coercion, harassment or arbitrary

deprivation of liberty.

WHO IS THE WOMAN VICTIM PROTECTED UNDER THIS LAW?

 Wife; or
 Former wife; or
 A woman with whom the offender has or had a sexual or dating relationship;
or
 A woman with whom the offender has a common child.

WHO IS THE “OFFENDER”?

 Husband;
 Former husband
 Boyfriend
 Ex-boyfriend
 Live-in partner or ex-partner;
 One with whom the woman has a common child
 One with whom the woman has/had sexual or dating relationship
 A lesbian partner/girlfriend or ex-lesbian partner/girlfriend
WHAT ARE THE FORMS OF VAWC?

Violence against women and their children can be described in the following forms:

1. “Physical violence” which refers to acts that include bodily or physical harm;
2. “Sexual violence” which refers to an act which is sexual in nature, committed
against a woman or her child.
3. “Psychological violence” which refers to acts or omissions causing or likely to
cause mental or emotional suffering of the victim.
4. “Economic abuse” which refers to acts that make or attempt to make a woman
financially dependent.

Section 5, RA 9262

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

b. Threatening to cause the woman or her child physical harm;
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 to 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
her child.
This shall include, but not limited to, the following acts committed for 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 or access to her/his family;
(2) Depriving or threatening to deprive them of financial support legally
due to her or her family, or deliberately providing the woman’s children
insufficient financial support;
(3) Depriving or threatening to deprive the woman or her child of a legal
right;
(4) Preventing the woman from engaging in any legitimate profession,
occupation business, or activity, or controlling the profession,
occupation, business or activity, or controlling the victim’s own money
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, her child, or her/his immediate
family;
h. Engaging in purposely, 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 limited to, the following acts:
1) Stalking or following the woman or her child in public or private places;
2) Peering in the window or lingering outside the residence of the woman or
her child;
3) Entering or remaining in the dwelling or on the property of the woman or
her child against her/his will;

4) Destroying the property and personal belongings or inflicting harm to

animals or pets of the woman or her child;

5) Engaging in any form of harassment or violence.

i. Causing mental or emotional anguish, public ridicule or humiliation, 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.

WHAT IS “BATTERY”?

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

HOW IS “STALKING” DEFINED?

 “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.

HOW IS “DATING RELATIONSHIP” DEFINED?

 “Dating relationship” refers to a situation wherein the parties live as husband

and wife without the benefit of marriage or are romantically involved overtime
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.

WHAT IS “SEXUAL RELATIONS”?

 “Sexual relations” refers to a single sexual act which may or may not result in
bearing of a common child.

HOW IS “SAFE PLACE OR SHELTER” DEFINED?

 “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
to receive the victim temporarily.
WHAT ARE THE PENALTIES IMPOSED FOR THE CRIME OF VAWC?
Section 6, RA 9262

 Acts falling under Section 5 (a) constituting attempted, frustrated or

consummated parricide or murder or homicide shall be punished in
accordance with the provisions of the Revised Penal Code. If these acts
resulted in mutilation, it shall be punishable in accordance with the Revised
Penal Code;
 Those constituting serious physical injuries shall have a penalty of prison
mayor;
 Those constituting less serious physical injuries shall be punished by prison
correccional;
 Those constituting slight physical injuries shall be punished by arresto mayor.

Section 6, RA 9262

 Acts falling under Section 5 (b) shall be punished by imprisonment of two (2)
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.
 Acts falling under Section 5 (c) and (d) shall be punished by arresto mayor;
 Acts falling under Section 5 (e) shall be punished by prison correccional;
 Acts falling under Section 5 (f) shall be punished by arresto mayor;
 Acts falling under Section 5 (g), (h), and (i) shall be punished by prison mayor.

WHAT IS THE FINE IMPOSED ON THE OFFENDER OF VAWC?

In addition to imprisonment, the perpetrator shall;

 pay a fine in the amount of not less than One Hundred Thousand Pesos
(P100,000.00) but not more than Three Hundred Thousand Pesos
(P300,000.00);
 undergo mandatory psychological counseling or psychiatric treatment and
shall report compliance to the court.

WHAT IS THE PRESCRIPTIVE PERIOD FOR VAWC CASES?

 Acts falling under Sections 5 (a) to (f) shall prescribe in twenty (20) years;
 Acts falling under Sections 5 (g) to (i) shall prescribe in ten (10) years.

WHERE CAN VAWC BE FILED?

 The Regional Trial Court designated as Family Court shall have original and
exclusive jurisdiction over the cases of violence against women and their
children under RA 9262. In the absence of the court in the place where the
offense was committed, the complainant has the option to file the case in the
Regional Trial Court where the crime or any of its element was committed.

RIGHTS OF THE VICTIMS

 Right to be treated with respect and dignity;

 Legal assistance support services from DSWD and LGUs;
 To be informed of their rights and services available for them;
 Additional 10 days paid leave from work aside from present paid leave
benefits.
● POST TEST

1) What is Battery?
2) How Is “Safe Place Or Shelter” Defined?

 REVALIDA

Essay:
What are your significant learnings from the lesson?
  ANSWER KEY

PRE-TEST
1) What is Violence Against Women and Their Children?

VAWC is any act or a series of acts committed against the victim which result in or is
likely to result in;

 Physical abuse
 Sexual abuse
 Psychological harm or suffering
 Economic abuse

2) Who are the women protected under RA 9262?

 Wife; or
 Former wife; or
 A woman with whom the offender has or had a sexual or dating relationship;
or
 A woman with whom the offender has a common child.

● POST TEST

1) What is Battery?

 Battery refers to an act of inflicting physical harm upon the woman or her
child resulting to physical and psychological or emotional distress.

2) How Is “Safe Place Or Shelter” Defined?

 “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
to receive the victim temporarily.