RA 9262

(08 March 2004)

Anti-Violence Against
Women and Their Children
Act 2004
50 Sections
 SEQUENCE OF PRESENTATION

Introduction
What is VAWC
Forms of VAWC
Impacts of VAWC
What is Protection Order
Types of Protection Orders
Rights of Victim-Survivor
AFP/PA Personnel Directives
Other Laws
INTRODUCTION:
 Itis a declared policy of the State to exert efforts
to address violence against women and children in
keeping the fundamental freedoms guaranteed…

 under the Constitution, and

 the provisions of the Universal Declaration

of Human Rights, the Convention on the
Elimination of All Forms of Discrimination
Against Women (CEDAW), Conventions on
the Rights of the Child band other international
human rights instruments of which the
Philippines is a party.
VAWC…
 Any act or a series of acts (battery, assault,
coercion, harassment, deprivation of liberty,
etc.);
 Committed by any person (either male or
female) against:

◦ A woman with whom he/she has a

relationship because:
 She is his wife or former wife,

 He/she had sexual or dating relationships

with the woman

 He has a common child with the woman
 VAWC…

◦ The child of the woman whether legitimate or

illegitimate

 Itmay took place either inside or outside the

family residence; and

 Itmay result or is likely to result in physical,

sexual, psychological harm or suffering, or
economic abuse.
FORMS OF VAWC?

1. Physical Violence
2. Sexual Violence
3. Psychological Violence
4. Economic Abuse
PHYSICAL VIOLENCE:

 an act which causes bodily or physical harm,

such as, but not limited to:
- hitting, slapping, kicking, choking,
shooting, banging the head, burning skin and/or
body parts with cigarettes, damaging property
or pets.
SEXUAL VIOLENCE:

An act which is sexual in nature, committed against a

woman or her child. It includes but is not limited to the
following:

Rape,sexual harassment, acts of lasciviousness, treating

a woman or her child as sex object, etc.

Acts causing or attempting to cause the victim to engage

in any sexual activity by force, threat or coercion.

Prostituting the woman or her child.

PSYCHOLOGICAL VIOLENCE:
Acts or omissions causing or likely to cause
mental or emotional suffering to the victim. It
includes but is not limited to the following:

• Intimidation
• Harassment
• Stalking
• Damage to property
• Public ridicule or humiliation
• Repeated verbal abuse
• Marital infidelity
PSYCHOLOGICAL VIOLENCE:

• Causing or allowing the victim to witness:

- physical, sexual or psychological abuse of a
memner of the family.
- pornography in any form
- abusive injury to pets, or
- unlawful or unwanted deprivation of the right
to custody and/or visitation of common children.
ECONOMIC ABUSE:

Acts that make or attempt to make a woman

financially dependent. It includes but is not limited to
the following:

• Withdrawal of financial support

• Preventing the victim from engaging in any
legitimate profession, occupation, business or
activity except on valid, serious and moral grounds.
• Deprivation or threat of deprivation of financial

resources and the right to use or enjoyment of

property owned in common.
• Controlling the victim’s own money or properties or

solely controlling the conjugal money or properties.

IMPACTS OF VAW:

• VAW strikes at the personhood of women.

• It has direct consequences to women’s health.
• VAW is a human development issue as it is an
obstacle in achieving equality. It treatens human
security.
• It is a human rights violations.
• It is a governance issue.
• The Philippine Government spends an estimated
P6 Billion pesos to treat VAW survivors per year.
An average monthly expense of P8,869.89 is spent
per client.
 IMPACTS OF VAWC

 Violence against
women and their
children is onsidered a
public offense and it
can be prosecuted upon
filing of a complaint by
any citizen having
personal knowledge of
the circumstances
involving the
commission of crime.
 01/16/2023
• Scientifically defined pattern of
psychological and behavioral symptoms
found in women living in battering
relationships as a result of cumulative
abuse

• Use as a defense

• No criminal or civil liability

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 Prohibited Defenses
•

01/16/2023
Under the influence of alcohol, any illicit drug, or
any other mind-altering substance.

Custody of Children
•Woman shall be entitled to the custody and
support of her child/children
•Victim-Survivor who is suffering from BWS shall
not be disqualified from having custody of her
children.
•Custody of children shall not be given to the 15
perpetrator of VAW.
Leave of Absence – Victims are entitled to take

01/16/2023
a paid leave of absence up tp 10 days in addition
to pther paid leaves under the CSRR, extendible
when the necessity arises as specified in the
protection order.
Compromise is not allowed during the
hearing of the application for a protection order.

Prescriptive Period – is 10 to 20 years

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 Protection Orders
 It prevent further acts of violence against a woman
or her child

01/16/2023
 Safeguards the victim from further harm
 Minimizes any disruption in the victim’s daily life
 Facilitates the opportunity and ability of the victim
to independently regain control over her life

1. Barangay Protection Order (BPO)

2. Temporary Protection Order (TPO)
3. Permanent Protection Order (PPO)
Enforceability of Protection Orders
- anywhere in the Philippines
- punishable with a fine ranging from P5,000.00) to P50,000.00)
- and/or imprisonment of six (6) months (Sec  12) 17
01/16/2023
18
O
B
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01/16/2023
19
O

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&
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P
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 Protection Order may be filed by the parents
or guardians, ascendants, descendants or
collateral relatives within the 4th civil degree of
consanguinity or affinity of the offended party,
and

• Aside from the service providers as mentioned

by the law, any two (2) concerned responsible
citizens of the city or municipality who has
personal knowledge of the offense committed.
20
Confidentiality - provides for a section on
confidentiality or respect the right to privacy of the
victim. Violation of the said provision shall have a
penalty of one-year imprisonment and a fine of not
more than P500,000.

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Rights of Victim-survivor
 To be treated with respect and dignity;
 To be informed of their rights and the services
available to them, including their right to apply for a
protection order
 To avail of legal assistance from the Public
Attorney’s Office of the Department of Justice or
any public legal assistance office;
 To be entitled to support services from the DSWD
and LGUs;
 To be entitled to all legal remedies and support
provided by the Family Code.
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AFP Personnel Directive Nr 1
dtd 9 Feb 09, Guidelines in the Disposition of
Domestic-Related Offenses of AFP Pers

• Jurisdiction - OESPA, AFP and MS ESPA

• Effects of Amicable settlement
– DC and no disciplinary action
• Effects of Non-compliance and violation of terms
- re-filling of the case
- considered as aggravating circumstance

23
AFP Personnel Directive Nr 4
dtd 26 Aug 08, PGP in the Disposition of
Rape, Sexual Harassment & other Sexually-
Related Cases

• Jurisdiction - OESPA, AFP and MS ESPA

Domestice-related cases invlove controlling and coercive conduct that deprives the victims of safety and authonomy. It reders to acts under RA
9262.

Non-domestic-related case inlcude but not limited to deception, SH, Rape, other sexually-related offense such as acts of lasciviousness and
seduction.

24
HPA Personnel Directive Nr 1
dtd 9 March 16, Disposition of Administrative
Cases and Imposition of Sanctions

HPA Manual on the Management and

Operationalization of the Gender-Based
Violence Referral System

25
OTHER LAWS THAT PROMOTES SECURITY,
WELFARE AND WELL-BEINGS OF WOMEN AND
CHILDREN

RA 7877: Anti-Sexual Harassment Act of 1995

RA 8353: Anti-Rape Law of 1997
RA 9208: Anti-Trafficking in Persons Act of 2003
RA 7610: Child Abuse Law

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STOP VIOLENCE AGAINST WOMENT AND CHILDREN!!!
END OF PRESENTATION