VAWC
Objectives:
1. To know what is Violence Against Women and Children and its reality in the Philippine
context.
-Definition
-Reality in the Philippine Context
-Statistics
2. What are the forms of VAWC?
-Punishable Acts
-Common elements
3. Legal Remedies available for the victims of VAWC
4. How can we become advocates against VAWC or violence in general?
I. What is Violence Against Women and Children and its reality in the Philippine context
A. Definition
-VAWC or the Anti-Violence Against Women and Their Children Act of 2004, is a law
passed to protect women and children from violence. Also known as RA 9262, the law is
in keeping with the provisions on human rights enshrined in the Philippine Constitution,
as well as the fundamental rights and freedoms guaranteed in various international
declarations and documents to which the Philippines is signatory, including:
Universal Declaration of Human Rights
The Convention on the Elimination of All Forms of Discrimination Against
Women
Convention on the Rights of the Child
-As defined by the UN Declaration on the Elimination of Violence against Women
(1993), VAW is “any act of gender-based violence that results in, or is likely to result in
physical, sexual or psychological harm or suffering to women, including threats of such
acts, coercion or arbitrary deprivation of liberty, whether occurring in public and private
life. Gender-based violence is any violence inflicted on women because of their sex.
https://pcw.gov.ph/violence-against-women/
-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, 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 (Sec. 3, RA 9262).
B. Reality in the Philippine Context
-Violence is a stark reality that women have to struggle with everyday. For Filipino
women who grapple with poverty in a feudal patriarchal context, the challenge is greater.
-Societal norms and traditions dictate people to think that men are the leaders, pursuers,
and providers, and take on the dominant roles in society while women are the nurturers,
men’s companions and supporters, and take on the subordinate roles in society. This
perception leads men to gain more power over women. Hence, VAW becomes a form of
men’s expression of control over women to retain power.
-Indeed, the intensifying economic and political crisis in the country is increasing
vulnerability of women to gender-based violence. Gruesome stories of violence
committed on women and children have become common fare in TV, radio and print
media. These are not only individual cases of violence; many involve groups of women
such as the cases of sex trafficking, cybersex, pornography, and prostitution.
https://www.un.org/womenwatch/daw/vaw/ngocontribute/Gabriela.pdf
C. Statistics
-Before the pandemic, one in every four Filipino women had experienced domestic
violence, but when Covid-19 struck the country, the number of cases rose steeply. The
Philippine Statistics Authority reported an increase in cases of rape from 1,656 in 2018 to
2,168 in 2020. At the height of the Covid-19 lockdowns, from March to May 2020, the
Philippine government recorded an average of eight victim-survivors of sexual assault
every day and a threefold increase in tips reporting online sexual exploitation of children.
https://asiafoundation.org/2022/03/30/call-for-help-gender-based-violence-and-911-in-
the-philippines/
-Cases of violence against women and children in the country went up in the past
seven months, the Department of the Interior and Local Government (DILG)
disclosed on Thursday, Aug. 4.
-Based on the data from the Philippine National Police IPNP), a total of 6,383
violence against women cases were reported to the Philippine National Police (PNP)
Women and Children Protection Center while 9,677 cases of violence against
children were tallied in the same period.
https://mb.com.ph/2022/08/04/pnp-data-shows-increase-in-cases-of-violence-vs-women-
children-dilg/
II. Forms of VAWC
A. Punishable acts
-Physical violence
-Economic abuse
-Psychological violence; and
-Sexual violence
-The crime of violence against women and their children is committed through
any of the following acts:
1. Causing physical harm to the woman or her child.
2. Threatening to cause the woman or her child physical harm.
3. Attempting to cause the woman or her child physical harm.
4. Placing the woman or her child in fear of imminent physical harm.
5. 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
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:
a. Threatening to deprive or actually depriving the woman or her
child of custody to her/his family
b. 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
c. Depriving or threatening to deprive the woman or her child of a
legal right
d. Preventing the woman in engaging in any legitimate profession,
occupation, business or activity or controlling the victim's own
money or properties, or solely controlling the conjugal or common
money, or properties
6. Inflicting or threatening to inflict physical harm on oneself for
the purpose of controlling her actions or decisions.
7. 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.
8. 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:
a. Stalking or following the woman or her child in public or
private places
b. Peering in the window or lingering outside the residence
of the woman or her child
c. Entering or remaining in the dwelling or on the property
of the woman or her child against her/his will
d. Destroying the property and personal belongings or
inflicting harm to animals or pets of the woman or her child
e. Engaging in any form of harassment or violence;
9. 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 (Sec. 5, RA 9262).
Physical Violence- Refers to acts that include bodily or physical harm.
Sexual violence- Refers to an act which is sexual in nature, committed against a
woman or her child. It includes, but is not limited to:
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;
b) acts causing or attempting to cause the victim to engage in any sexual
activity by force, threat of force, physical or other harm or threat of
physical or other harm or coercion;
c) Prostituting the woman or child.
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,
harassment, stalking, damage to property, public ridicule or humiliation, repeated
verbal abuse and marital infidelity. It includes causing or allowing the victim to
witness the physical, sexual or psychological abuse of a member of the family to
which the victim belongs, or to witness pornography in any form or to witness
abusive injury to pets or to unlawful or unwanted deprivation of the right to
custody and/or visitation of common children.
Economic abuse-Refers to 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;
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 victims’ own money or properties or solely controlling
the conjugal money or properties.
The victim’s rights
The VAWC lists down the rights of the victim, including:
Be treated with dignity and respect
Confidentiality
Free public legal assistance
Paid leave of absence
Be informed of the rights and services they are entitled to, including protection orders
Mandatory services that include:
o Temporary shelter
o Psycho-social services
o Recovery/rehabilitation programs
o Livelihood assistance
o Medical assistance
o Counseling
What sets this law apart from common criminal acts is that the offender in these cases has an
established relationship with the victim. The law defines these relationships to include, but are
not limited to:
Married couples
Former spouses
Couples with a common child, whether legitimate or illegitimate
The legitimate or illegitimate parent of the victim
A sexual or dating relationship, which include couples living together without the benefit
of marriage, or has a continuing romantic involvement over time, with or without sexual
intercourse
Battery
Refers to an act of inflicting physical harm upon the
woman or her child resulting to the physical and
psychological or emotional distress (Sec. 3(b), RA
9262).
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 (Sec. 3(c), RA 9262).
3 Phases of Cycle of Violence
1. Tension-Building Phase - minor battering
occurs - it could be verbal or slight physical
abuse or another form of hostile behavior.
2. Acute battering incident - characterized by
brutality, destructiveness and, sometimes,
death. The battered woman deems this incident
as unpredictable, yet also inevitable.
3. Tranquil, loving or (at least nonviolent)
phase - the couple experience profound relief.
The batterer may show a tender and nurturing
behavior towards his partner. On the other hand,
the battered woman tries to convince herself
that the battery will never happen again (People
v. Genosa, G.R. No. 135981 January 15, 2004).
Battered Woman Syndrome as a proper defense
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 (Sec. 26).
Protection Order
Protection Order is an order issued for the purpose
of preventing further acts of violence against a
woman or her child (Sec. 8, RA 9262).
Kinds of protection orders
1. Barangay Protection Orders (BPO)
2. Temporary Protection Orders (TPO)
3. Permanent Protection Orders. (PPO)
BPO
BPO refers to the protection order issued by
the Punong Barangay ordering the perpetrator to
desist from committing acts under Section 5 (a) and
(b) (Sec. 14, RA 9262).
Who issues a BPO
The Punong Barangay may issue a BPO. If he is
unavailable, the application shall be acted upon by
any available Barangay Kagawad (Sec. 14, RA 9262).
NOTE: 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.
Period of effectivity of BPO
The period of effectivity of BPO shall be 15 days (Sec.
14, RA 9262).
TPO
TPO 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 (Sec. 15, RA 9262).
Period of effectivity of TPO
The period of effectivity of TPO shall be 30 days (Sec.
15, RA 9262).
NOTE: The court shall schedule a hearing on the
issuance of a PPO prior to or on the date of the
expiration of the TPO (Sec. 15, RA 9262).
PPO
PPO refers to protection order issued by the court
after notice and hearing (Sec. 16, RA 9262).
NOTE: 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 (Sec. 16, RA 9262).
Period of effectivity of PPO
It shall be effective until revoked by a court upon
application of the person in whose favor the order
was issued (Sec. 16, RA 9262).
Where to file TPO and PPO
GR: TPO and PPO are filed in the Family court at the
place of residence of petitioner.
XPN: In the absence of the Family court, with the
RTC, MeTC, MTC or MCTC with territorial
jurisdiction over the place of residence of the
petitioner (Sec. 10, RA 9262).
The issuance of a BPO or the pendency of
application for BPO shall not preclude a petitioner
from applying for, or the court from granting a TPO
or PPO.
Who may file Petition for Protection Orders
A petition for protection order may be filed by any
of the following:
1. The offended party;
2. Parents or guardians of the offended party;
3. Ascendants, descendants or collateral relatives
within the fourth civil degree of consanguinity
or affinity;
4. Officers or social workers of the DSWD or social
workers of local government units (LGUs);
5. Police officers, preferably those in charge of
women and children's desks;
6. Punong Barangay or Barangay Kagawad;
7. Lawyer, counselor, therapist or healthcare
provider of the petitioner; or
8. 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 (Sec. 9, RA 9262).
Dating relationship vis-à-vis Sexual Relations
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 (Sec. 3(e), RA 9262).
NOTE: A casual acquaintance or ordinary
socialization between two individuals in a business
or social context is not a dating relationship.
Sexual relations refer to a single sexual act which
may or may not result in the bearing of a common
child (Sec. 3(f), RA 9262).
That dating relationship ceased prior to
violence is NOT a defense
It is immaterial whether the relationship had ceased
for as long as there is sufficient evidence showing
the past or present existence of such relationship
between the offender and the victim when the
physical harm was committed (Dabalos v. RTC,
Branch 59, Angeles City (Pampanga), G.R. No. 193960
January 7, 2013).
