Anti-Violence Against Women

and Their Children Act of 2004

Republic Act No. 9262
 I. History- Pre-colonial Period

• The pre-colonial society offered

women the greatest opportunities in
relation to their social positions.
• Filipino women were allowed to hold
high positions in their communities.
Healer
 I. History- Colonial Period
Spanish occupation (1565-1898)
• During the Spanish occupation Filipino
women experienced all kinds of
exploitation.
• In general, women were unable to execute
their rights and were restricted by certain
norms and expectations in society.
Filipino women of the lower class ready for Church.
 American rule (1898-1946)

• Women were allowed to vote.

• Filipino parents were also led to
believe that sending their daughters
to school was a waste of money.
 Japanese occupation (1942-1945)

• Filipino women were greatly abused

and violated at this particular time in
history, Filipino women were
threatened and forced to labor as "
comfort women."
Comfort Women
 Post-colonial Period

• While it was not as rampant as in the

previous years, violence against
women still happened during the
post-colonial period as women in the
Philippines were often sexually
abused, harassed, and objectified by
the rest of society.
 II. Statistics
• The National Demographic and
Health Survey (NDHS), which is
conducted by the Philippine
Statistics.
• In a survey conducted in 2017 shows
that out of the 11,558 ever-married
Filipino women aged 15 to 49:
 II. Statistics
• Help seeking: Only one out of three
(34%) women who have ever
experienced physical or sexual
violence has sought help.
 R.A No. 9262
• To address the issue of violence
against women. Under this act,
violence against women and children
is classified as a public crime.
 III. 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, from
violence and threats to their personal
safety and security.
IV. The law punishes acts committed by any persons against a woman who is:

• His wife
• Former wife
• Woman with whom the person has or
had a sexual or dating relationship
• With whom he has a common child
• Against her child whether legitimate or
illegitimate, within or without the family
abode
 V. Kinds of Violence

1. Physical Violence
2. Sexual Violence
3. Psychological Violence
4. Economic Abuse
 Physical Violence

• Refers to act which includes bodily or

physical harm.
 Includes the following:
• Push you
• Shake you
• Throw something
• Slap you
• Twist your arm
• Pull your hair
• Kick you
• Drag you
• Beat you up
• Choke you
• Threaten with a knife, gun, or any
other weapon
• Punch you
• Burn you on purpose
• Trends: Women’s experience of
physical violence has decreased
slightly over time, from 20% in 2008
and 2013 to 17% in 2017.
 Sexual Violence

• An act which is sexual

in nature, committed
against a woman or
her child.
 Includes the following:
• Rape
• Sexual harassment
• Acts of lasciviousness
• Treating a woman or her child as a sex
object
• Making demeaning and sexually
suggested remarks
• Physically attacking the sexual parts
of the victim’s body
• Forcing her to watch obscene
publications and indecent shows
• 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
• Prostituting the woman or child
• Trends: Women’s experience of
sexual violence declined from 8% in
2008 to 5% in 2017.
 Psychological violence

• Refers to acts or omissions causing or

likely to cause mental or emotional
suffering of the victim
 Dimamling vs. People

• AAA have a five year on going

realationship with Dimamling.
• They had 2 common children.
• By throwing the pants and
panty back at AAA.
• All such acts were committed while
in full view and hearing of the public,
highlighting the public ridicule and
humiliation done on AAA and
causing her mental and emotional
pain.
 Ruling: 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 mental infidelity
 Economic abuse
• Refers to acts that make or attempt
to make a woman financially
dependent.
 Includes the following:
• Withdrawal of financial support or
preventing the victim from engaging
in any legitimate profession,
occupation, business or activity.
Exception: in cases where in the
other spouse/partner objects on
valid, serious and moral grounds.
• 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;
• Destroying household property;
• Controlling the victims' own money
or properties or solely controlling the
conjugal money or properties.
 Dolina vs. Vallacera
• Dolina filed a petition for temporary
support of an unacknowledged child,
against Vallacera which she sought in
an action for the issuance of a
temporary protection order that she
brought against the supposed father.
 Who are protected?

• The offended party is a woman

and/or her child or children
• The woman is either the wife or
former wife of the offender
• Woman with whom the offender has
or had a sexual or dating relationship
• A woman with whom such offender
has a common child.
 Children

• Below eighteen (18) years of age or

older but are incapable of taking care
of themselves.
• Biological children of the victim and
other children under her care.
Who are liable?
 Sonido vs. Ilocso

• Danella Sonido is the mother of

Nathalie Mae G. Sonido who filed
with the Rizal Prosecution Office a
complaint against one Kristel Ann S.
Asebo for violation of Republic Act
(R.A.) No. 9262
 Del Socorro vs. Van Wilsem
• Socorro and Van Wilsem contracted
marriage in Holland, they were
blessed with a son named Roderigo
Norjo Van Wilsem, who at the time
of the filing of the instant petition
was sixteen (16) years of age.
• Principle of family rights and duties
are governed by the personal law,
i.e.,the laws of the nation to which
they belong even when staying in a
foreign country (cf. Civil Code, Article
15).
• In view of respondent’s failure to
prove the national law of the
Netherlands in his favor, the doctrine
of processual presumption shall
govern.
 Dating Relationship vs. Sexual Relationship

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.
Sexual relations
• Refers to a single sexual act which
may or may not result in the bearing
of a common child.
 Ang vs. CA
• Rustan and Irish were classmates at
Wesleyan University in Aurora.
• Rustan former boyfriend sent
Irish a picture of a naked
woman, not her, but with
her face on it.
• Clearly, the law itself distinguishes a
sexual relationship from a dating
relationship. sexual relationship
refers to a single sexual act which
may or may not result in the bearing
of a common child."
• The dating relationship that the law
contemplates can, therefore, exist
even without a sexual intercourse
taking place between those involved.
 Davalos vs. RTC
• Victim filed a complaint against
Davalos by pulling her hair, punching
her back, shoulder and left eye,
thereby demeaning and degrading
the complainant’s intrinsic worth and
dignity as a human being
• Ruling: 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.
 Barangay Protection order

• Protection order issued by

the Punong Barangay 
• Shall be effective for fifteen (15) days
 Prohibited Acts

• To compromise or abandon any of

the reliefs sought in the application
for protection under this Act.
 Temporary Protection Orders

• Protection order issued by the court

on date of filing of the application
after ex-parte determination that
such order should be issued
• 30 days
 Go –Tan vs. Tan
• Sharica filed a petition with Prayer
for the Issuance of Temporary
Protective Order (TPO) against
Steven and her parents-in-law,
Spouses Perfecto C. Tan and Juanita
L. Tan.
Ruling: The principle of conspiracy
under Article 8 of the RPC may be
applied suppletorily to R.A. No. 9262
 Republic vs. Yahon
• Yahon filed a petition for the
issuance of protection order  against
her husband, S/Sgt. Yahon an
enlisted personnel of the Philippine
Army.
• Ruling: We hold that Section 8(g) of
R.A. No. 9262, being a later
enactment, should be construed as
laying down an exception to the
general rule above-stated that
retirement benefits are exempt from
execution.
 Permanent Protection Orders

• Refers to protection order issued by

the court after notice and hearing.
• A PPO shall be effective until revoked
by a court upon application of the
person in whose favor the order was
issued
 Who may apply?

(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 DSWD
or social workers of GUs;
(e) Police officers;
(f) Punong Barangay or Barangay
Kagawad;
(g) Lawyer, counselor, therapist or
healthcare provider of the petitioner;
(h) At least two (2) concerned
responsible citizens
 Oca vs. Arcaya- Chua
• The Court upholds the finding of
Justice Salvador-Fernando that
respondent Judge Arcaya-Chua is
guilty of gross ignorance of the law
for issuing a TPO in favor of
Petitioner Albert Chang.
 Where and when to file application for protection order

• Venue as stated in LGC

• RTC/MTC
 How to Apply for a Protection Order?

• The application for a protection

order must be in writing, signed and
verified under oath by the applicant.
 Brown-Araneta vs. Araneta

• Juan Ignacio and Michelle were

married in Las Vegas, Nevada, USA.
The union produced two (2) children,
namely: Arabella Margarita (Ara) and
Avangelina Mykaela (Ava), After a
little over seven years of
disharmonious relationship, husband
and wife separated.
• Ruling: A circumstance of forum
shopping occurs when, as a result or
in anticipation of an adverse decision
in one forum, a party seeks a
favorable opinion in
another forum.
 Tua v. Mangorabang and
Garcia v. Drilon

• Petitioner contended that the

issuance of the TPO on May 23, 2005
is unconstitutional for being
violative of the due process clause
of the Constitution.
• The rules require that petitions for
protection order be in writing, signed
and verified.
• TPO is issued ex parte, notice be
immediately given to the respondent
directing him to file an opposition
within five (5) days from service.
 Custody of children

• The woman victim of violence shall

be entitled to the custody and
support of her child/children.
 BBB vs. AAA

• AAA a medical student and raising a

child borne from previous
relationship.
• AAA and BBB bore 2 more children
namely DDD and EEE
• DDD and EEE already 7 years old.
• However, the choices of the children
as with whom they would prefer to
stay would alter the effects of the
PPO.
• Violence, however, is not a subject
for compromise.
 Rights of Victims

(a) to be treated with respect and

dignity;
(b) to avail of legal assistance form
the PAO of the Department of Justice
(DOJ) or any public legal assistance
office;
(d) To be entitled to all legal
remedies and support as provided
for under the Family Code; and
(e) To be informed of their rights
and the services available to them
including their right to apply for a
protection order.
 Benancillo vs. Judge Amila

• Benancillo filed TPO against her live-

in partner Belot. The TPO included a
directive to Belot to turn over to her
personal effects, including properties
in their diving business called the
Underworld.
• Respondent judge echoed Belot’s
verbal and psychological abuse
against her that she was "only a live-
in partner" "in an illegitimate
relation" and a "prostitute."
• The respondent judge’s remarks
revealed his prejudice and lack of
gender sensitivity and this was
unbecoming of a family court judge.
 People vs. Cabalquinto

• Sec. 29 of RA 7610 provides:

• Sec. 29. Confidentiality. — at the
instance of the offended party, his
name may be withheld from the
public until the court acquires
jurisdiction over the case.
• VIDEO
 Battered Woman Syndrome

• This refers to a scientifically defined

pattern of psychological and
behavioral symptoms found in women
living in battering relationships as a
result of cumulative abuse.
 Battered woman

• Battered woman include wives or

woman in any form of intimate
relationship with men.
 Some characteristics of battered woman

• The woman believes that the

violence was her fault.
• She has an inability to place the
responsibility for the violence
elsewhere.
• She fears for her and/or her
children’s life.
• She has an irrational belief that the
abuser is omnipresent and
omniscient.
 Battering Cycle
• Tension building phase
• Acute battering incident
• Tranquil, loving or non-violent phase
• The final acute battering episode
• Battered woman syndrome as a
defense
• What defense/s is not allowed to be
raised under this law?
 Updates in Palawan

• The Narra municipal council has passed

an ordinance providing for the
establishment of Violence Against Women
and Children (VAWC) desks in all the
town’s barangays.
• The measure passed last May 29, 2017
also aims to provide funds for
implementation.
What can we do?