Republic Act No.

9262
The Anti-Violence Against Women and Their Children Act of 2004

Republic Act No. 9262

The Anti-Violence Against Women and Their Children
Act of 2004
Signed on: March 8, 2004
Effective on: March 27, 2004

VIOLENCE AGAINST WOMEN & THEIR CHILDREN

“refers to 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 or psychological harm or suffering, or economic abuse including
threats of such acts, battery, assault, coercion, harassment or arbitrary
deprivation of liberty. Xxx (Sec. 3.a., RA 9262)

RELATIONSHIPS COVERED
 MARITAL
 SEXUAL
 DATING

Who are liable?

 “any person... with whom the person has or had a sexual or dating
relationship”
 (i.e. husbands, boyfriends, female lovers)

What are the acts punished?

“VIOLENCE AGAINST WOMEN & THEIR CHILDREN”

 PHYSICAL VIOLENCE
 SEXUAL VIOLENCE
 PSYCHOLOGICAL VIOLENCE

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Republic Act No. 9262
The Anti-Violence Against Women and Their Children Act of 2004

 ECONOMIC ABUSE

“ACTS OF VIOLENCE” (Sec. 5, RA 9262)

 Causing physical harm
 Threatening physical harm
 Attempting to cause physical harm
 Placing the victim in fear of imminent physical harm
 Attempting to compel or compelling the woman or her child to engage in
conduct they have a right to engage in;
 Restricting freedom of movement such as:
o Threatening or actually depriving child custody or access to
family;
o Threatening or depriving financial support or giving
insufficient financial support;
o Threatening or depriving a legal right;
o Preventing exercise of profession, occupation or business .
 Inflicting or threatening to inflict physical harm on oneself for the purpose
of controlling her actions or decisions;
 Causing or attempting to cause victim to engage in any sexual activity;
 Engaging in purposeful, knowing or reckless conduct, that alarms or
causes emotional or psychological distress:
o Stalking
o Peering in the window or lingering in the place of residence
of victim
o Entering or remaining in the dwelling or property of the
woman against her will
o Destroying victim’s property or personal belongings;
o Inflicting harm to victim’s pets or animals
o Engaging in any form of harassment or violence

 Causing mental or emotional anguish, public ridicule

or humiliation to the victim such as:
o Repeated verbal & emotional abuse
o Denial of financial support/Custody
o Denial of access to the woman’s child/children
PENALTIES

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Republic Act No. 9262
The Anti-Violence Against Women and Their Children Act of 2004

Generally, the penalties imposed are 1 degree higher than that imposed
in ordinary crimes.
 Physical Injuries-Prision Mayor
 Less Serious Physical Injuries- Prision Correccional
 Slight Physical Injuries – Arresto Mayor

Other Penalties:

 IMPRISONMENT
 FINE – 100K t0 300K
 MANDATORY PSYCHOLOGICAL COUNSELING OR PSYCHIATRIC
TREATMENT

REMEDIES OF THE VICTIMS

 PROTECTION ORDERS
 HOLD-DEPARTURE ORDERS
 TEMPORARY SHELTER
 OTHER RELIEFS

PROTECTION ORDERS
 Barangay Protection Order
 Temporary Protection Order
 Permanent Protection Order

Barangay Protection Order (Sec. 14)

 Issued by the Punong Barangay ordering the perpetrator to cease
and desist from INFLICTING PHYSICAL HARM OR THREATENING
TO CAUSE PHYSICAL HARM to the victim/s
 Issued on the DATE OF FILING after Ex Parte determination of the
basis of the application
 May be issued by a BARANGAY KAGAWAD if the Punong Barangay
is UNAVAILABLE (subject to attestation that Punong Barangay is
unavailable)
 BPO’s are effective for 15 days
 Punong barangay or Kagawad shall serve a copy of the BPO on the
respondent or direct any barangay official to do so.

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Republic Act No. 9262
The Anti-Violence Against Women and Their Children Act of 2004

 The parties may be accompanied by a non-lawyer in any proceeding

before the Punong Barangay.

PENALTY FOR VIOLATION OF BPO

 Imprisonment: 30 Days without prejudice to any other criminal or civil

action that offended party may file.
 Complaints for violation of BPO’s shall be filed directly with First Level
Courts.

RELIEFS PROVIDED BY A PROTECTION ORDER

 Prevention of further acts of Violence

 Grant of other necessary relief such as
– Prohibition
– Removal and Exclusion
– Provision of Support
– Restitution
– Others (Sec. 8, RA 9262

WHO MAY FILE A PETITION FOR PROTECTION ORDER? (Sec. 9, RA 9262)

 Offended Party
 Parents or Guardians of the Offended Party
 Ascendants/Descendants or Collateral Relatives within the 4th Civil
Degree of Consanguinity or Affinity
 Officers or Social Workers of the DSWD or LGU’s
 Police Officers (preferably those in charge of women’s and children’s
desks)
 Punong barangay or Kagawad
 Lawyer, counselor, therapist or healthcare provider of the petitioner
 At least 2 concerned and responsible citizens who have personal
knowledge of the offense committed

When Applicant (for Protection Order) is Not the Victim

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Republic Act No. 9262
The Anti-Violence Against Women and Their Children Act of 2004

 The application must be accompanied by an AFFIDAVIT of the applicant

attesting to:
– The circumstances of the abuse suffered by the victim;
– Circumstances of CONSENT given by the victim for the filing of the
application
 Victim’s address need not be stated if it will endanger her life.
 The applicant must attest that the victim is residing within the Barangay
(or municipality or city concerned, as the case may be)
 Provide mailing address.

OTHER RELEVANT PROVISIONS OF RA 9262

 Sec. 19. Cooling off period not applicable where Violence is alleged in a
Legal Separation Case

 Sec. 25. Violence Against Women and their Children is a Public Crime

 Sec. 26. Battered Woman Syndrome is a Defense

 Sec. 24. Prescriptive Period

 20 Years – Sec. 5, a to f
 10 Years – Sec. 5 g to I

 Sec. 27. Prohibited Defenses

 Sec. 33. NO COMPROMISE!!!!

(A Punong Barangay, kagawad xxx hearing an application for a protection
order shall not order, direct, force or in any way unduly influence the
applicant for a protection order to compromise or abandon any of the
reliefs sought in the application for protection order.)

 Sec. 28. Custody of Children

 Sec. 34. Persons Intervening Are Exempt from Liability
 Sec. 35. Entitlement to Damages
 Sec. 43. Entitlement to Leave
 Sec. 44. Confidentiality

RESPONSIBILITIES UNDER THE LAW

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Republic Act No. 9262
The Anti-Violence Against Women and Their Children Act of 2004

Responsibilities as a Citizen
 Intervention (Sec. 34)
 Filing of Appropriate Case {Sec. 9 (h)}

Responsibilities as an Employer
 Compliance with Court Order to deduct amount for Support of Victim
from Perpetrator’s Salary (Sec. 8.g)
 Grant of Leave to the Victim (Sec. 43)

Responsibilities as a Government Officer

 Social Workers (Sec. 9.d)
 Police Officers (Sec. 9.e)
 Prosecutors and Court Personnel (Sec. 29)
 Barangay Officials and Law Enforcers (Sec. 30)

Duties of Law Enforcers (Sec. 29)

 Respond immediately
 Confiscate deadly weapons
 Transport or escort victims
 Assist victims
 Assist Barangay Officials
 Ensure enforcement of BPO’s, TPO’s & PPO’s
 Arrest suspected perpetrators
 Report calls for assessment or assistance to DSWD/LGU Social
Workers/NGO’s

Duties of Barangay Officials

 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 victims.

 Confiscate any deadly weapon in the possession of the perpetrator or

within plain view;

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Republic Act No. 9262
The Anti-Violence Against Women and Their Children Act of 2004

 Transport or escort the victims to a safe place of their choice or to a

clinic or hospital.

 Assist the victim in removing personal belongings from the house.

 Enlist the help of law enforcers (police)

 Immediately call for assessment or assistance of the DSWD, social

welfare department of the LGU’s or accredited NGO’s.

Penalties imposed on Barangay Officials and Law

Enforcers Who Fail to Report Incidents of Abuse

 Fine not exceeding P10,000.00 PESOS; PLUS

 Civil & Administrative Liabilities