You are on page 1of 24

REPUBLIC ACT NO.

9262
Anti-Violence Against Women and Their Children Act of 2004
“AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES”

• Sec. 2 – Declaration of Policy. It is hereby declared that the State values the dignity of women and children and guarantees full respect for human rights. The State also

recognizes the need to protect the family and its
members particularly women and children, fro violence and threats to their personal safety and security.

• Effective March 27. 2004 • Salient Features: – A special law protecting women and their children from all forms of abuse – Civil action – Temporary & Permanent Protection Order – With remedy of Barangay Protection Order – Victims suffering from Battered Women Syndrome do not incur criminal and civil liability .

coercion. which results in or is likely to result in physical. psychological harm or suffering.What constitutes violence against women and children? “Violence against women and children” covers any act or series of acts by any person against his wife. former wife. within or without the family abode. battery. or with whom he has a common child. harassment or arbitrary deprivation of liberty. or against her child whether legitimate or illegitimate. or economic abuse including threats of such acts. sexual. . assault. or with whom the person has/had sexual or dating relationship.

living in or not  Sexual or dating relationship o Including lesbian relationships  With common child • Falling under Sec. 5 (punishable acts) .Elements • Relationship. past or present  Married or not.

RA 9262 seeks to address the prevalence of violence against women and children (VAWC). abuses on women and their children by their intimate partners like: • Husband or ex-husband • Live-in partner or ex-live in partner • Boyfriend/girlfriend or ex-boyfriend/exgirlfriend • Dating partner or ex-dating partner .

• Sexual relations – refers to a single sexual act which may or may not result in the bearing of a common child. *includes biological children of the victim and other children under her care. *A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a dating relationship. .A.Some Terms: • Battery – inflicting physical harm upon the woman or her child resulting to physical and psychological or emotional distress. • Children – those below 18 or older but are incapable of taking care of themselves as defined under R. 7610. • Dating Relationship – is a situation wherein unmarried parties live as husband and wife or are romantically involved over time and on a continuing basis during the course of the relationship. • Stalking – is the intentional act by one who knowingly and without lawful justification follows a woman or her child or places them under surveillance directly or indirectly or a combination thereof.

9262? .A.• What are specific acts of violence penalized under R.

threat of force. 3 (a) (B)] •Rape •Sexual harassment •Acts of lasciviousness •Treating the woman of her child as 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 •Acts causing or attempting to cause the victim to engage in any sexual activity by force. physical or other harm or threat of physical or other harm or coercion.Sexual violence: [sec. •Prostituting the woman or her child .

: – causing or allowing to witness the physical or sexual or psychological abuse of a member of the family to which the victim belongs – to witness pornography in any form or to witness abusive injury to pets – unlawful or unwanted deprivation of the right to custody and/or visitation of common children . damage to property.g.• Psychological violence – acts or omissions causing or likely to cause mental or emotional suffering of the victim such as intimidation. repeated verbal abuse and marital infidelity. harassment. public ridicule or humiliation. e. stalking.

threatening to cause physical harm. coercion.) – Includes actual causing of harm. harassment or arbitrary deprivation of liberty.inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions [Sec. assault. – “Drama King” . and attempting to cause the same.refers to acts that include bodily or physical harm.Physical violence .5(f)] . (Battering.

This includes but is not limited to the following: a) withdrawal of financial support or preventing the victim from engaging in any legitimate profession.“Economic abuse” . serious and moral grounds as defined in Article 73 of the Family Code.refers to acts that make or attempt to make a woman financially dependent. community or property owned in common. . except in cases wherein the other spouse/partner objects on valid. d) controlling the victim’s own money or properties or solely controlling the conjugal money or properties. c) destroying household property. business or activity. occupation. b) deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal.

.IS VAWC COMMITTED BY MEN ALONE? • Women can also be liable under the law. These are the lesbian partners / girlfriends or former partners of the victim with whom she has or had a sexual or dating relationship.

. (Sec. 25) – May be prosecuted upon the filing of a complaint by any citizen having personal knowledge of the circumstances involving the commission of the crime.• The Act classifies violence against women and children (VAWC) as a public crime.

• WHAT ARE THE PENALTIES FOR COMMITTING VAWC? If the courts have proven that the offender is guilty of the crime. -for acts committed while the woman or child is pregnant or committed in the presence of her child – maximum period shall be applied . 000 in damages. may be imprisoned and will be obliged to pay P100. Being drunk or under the influence of prohibited drugs cannot be taken as an excuse for committing VAW. The length of imprisonment depends on the gravity of the crime. The offender is also obliged to undergo psychological counseling or psychiatric treatment. 000 to P300.

G. 9262 . No. Rights of victims . Likewise.To withhold the real name of the victim-survivor and shall use fictitious initials instead to represent her. Cabalquinto. shall not be disclosed.  Ppl.A. as well those of their immediate family or household members. 167693 19 Sept. v. 44 of R.even after the promulgation of the decision in order to protect the right to privacy of the child and her family and to preclude instances where undue disclosure of information may impair the treatment and rehabilitation of the child-victim.R.• Right to be treated with respect & dignity. . 2006 – Confidentiality of records provided under sec. the personal circumstances of the victims-survivors or any other information tending to establish or compromise their identities.

local governments • Additional 10 day paid leave from work aside from present paid leave benefits under the Labor Code and Civil Service Rules and Regulations (Sec.• Legal assistance. 43) . support services from DSWD.

TAN [G.Some Jurisprudence: SHARICA MARI L. OTHERWISE KNOWN AS THE "ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004 . 2008] ISSUE: WHETHER OR NOT RESPONDENTS-SPOUSES PERFECTO & JUANITA. 168852. September 30. 9262. GO-TAN v. TAN AND JUANITA L. PARENTSIN-LAW OF SHARICA.R. MAY BE INCLUDED IN THE PETITION FOR THE ISSUANCE OF A PROTECTIVE ORDER. IN ACCORDANCE WITH REPUBLIC ACT NO. No. SPOUSES PERFECTO C.

which by their nature. shall have suppletory application. the Revised Penal Code and other applicable laws.A. general provisions of the RPC. Thus.A. No. .Section 47 of R. (Emphasis supplied) xxx the principle of conspiracy under Article 8 of the RPC may be applied suppletorily to R. . Suppletory Application. thus: SEC. 9262 because of the express provision of Section 47 that the RPC shall be supplementary to said law.For purposes of this Act. No. 9262 expressly provides for the suppletory application of the RPC. may be applied suppletorily. are necessarily applicable. 47.

Acts of Violence Against Women and Their Children. (3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will. that alarms or causes substantial emotional or psychological distress to the woman or her child.The crime of violence against women and their children is committed through any of the following acts: xxx (h) Engaging in purposeful. x x x.Section 5 of R. the following acts: (1) Stalking or following the woman or her child in public or private places. or reckless conduct. (2) Peering in the window or lingering outside the residence of the woman or her child. 9262 expressly recognizes that the acts of violence against women and their children may be committed by an offender through another. knowing. 5. No. thus: SEC. and (5) Engaging in any form of harassment or violence. but not be limited to. This shall include. . personally or through another. (Emphasis supplied) .A. (4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child.

meaning and spirit : the protection and safety of victims of violence against women and children . thus: SEC. .A. 4.Section 4 of R. No.This Act shall be liberally construed to promote the protection and safety of victims of violence against women and their children. (Emphasis supplied) “expressio unios est exclusio alterius" finds no application  object of the law according to its true intent. 9262 calls for a liberal construction of the law. Construction.

A. THE HONORABLE COURT OF APPEALS and IRISH SAGUD G. inflicting anguish. v. 182835 Issue: WON accused Rustan sent Irish by cellphone message the picture with her face pasted on the body of a nude woman. psychological distress.R. 9262. and humiliation on her in violation of Section 5(h) of R. No. .RUSTAN ANG y PASCUA.

Their taking place does not mean that the romantic relation between the two should be deemed broken up during periods of misunderstanding. 2. and 3. by himself or through another.The harassment alarms or causes substantial emotional or psychological distress to her. The offender.The offender has or had a sexual or dating relationship with the offended woman. commits an act or series of acts of harassment against the woman. Ratio: • On “dating relationship”: An “away-bati” or a fight-and-kiss thing between two lovers is a common occurrence.• elements of the crime of violence against women through harassment are: 1. .

was clearly an obscene picture and. . Here. What is obscene and injurious to an offended woman can of course only be determined based on the circumstances of each case. the naked woman on the picture. her legs spread open and bearing Irish’s head and face. Surely. to Irish a revolting and offensive one. He claims having previously exchanged obscene pictures with Irish such that she was already desensitized by them. • The Court cannot measure the trauma that Irish experienced based on Rustan’s low regard for the alleged moral sensibilities of today’s youth.On Psychological Abuse: • Petitioner alleged that today’s women are so used to obscene communications that her getting one could not possibly have produced alarm in her or caused her substantial emotional or psychological distress. What makes it further terrifying is that. any woman like Irish. who is not in the pornography trade. as Irish testified. would be scandalized and pained if she sees herself in such a picture. That must have given her a nightmare. Rustan sent the picture with a threat to post it in the internet for all to see.