Vawc Lecture

RA 9262 (VAWC)
Republic Act 9262
Anti-Violence Against
Women and their Children’s
Act (Anti-VAWC)
Instructor Development Course

1
RA 9262 (VAWC)
Introduction
 The State values the dignity of women and

children and guarantees full support for
human rights and recognizes the need to
protect the family and its members
particularly women and children, from
violence and threats to their personal safety
and security.
Instructor Development Course 2

RA 9262 (VAWC)
Learning Goal:
 To provide the participants with the necessary

knowledge and skills on how to address the
widespread acts of violence directed against women
and their children and to protect the family and its
members from violence and threats to their women
and children’s safety and security.

RA 9262 (VAWC)
Learning Objectives:
 At the end of this lesson, participants will be able to:
Define violence against women and children

Identify and enumerate the different acts of
violence
Identify who are the victims
Enumerate and discuss the Rights and Protection
granted to victims
Identify the different kinds of Protection Order
Discuss the cycle of violence
RA 9262 (VAWC)
Effectivity of the RA 9262
 RA 9262 was signed into law by President

GMA on March 8, 2004 and became effective
on March 27,2004
 The IRR was approved and promulgated on

September 21, 2004

RA 9262 (VAWC)
Definition: Violence Against

Women and Children
 Any act or a series of acts committed by any person
• Against a woman who may be:
 Wife/former wife of the abuser

 Abuser has or had sexual or dating relationship
 With whom the abuser has a common child
• Against a woman’s child, whether legitimate or

illegitimate

RA 9262 (VAWC)
Definition: Violence Against

Women and Children
 the acts are committed within or outside the
family residence
 the acts result in or is likely to result in

physical, sexual, psychological harm or
suffering, economic abuse, threats of such
acts, battery, assault, coercion, harassment
or arbitrary deprivation of liberty

RA 9262 (VAWC)
Acts of Violence
 Physical Violence
 Economic Abuse
 Psychological
 Sexual Violence

RA 9262 (VAWC)
Physical Inflicting bodily or physical harm

Violence

RA 9262 (VAWC)
Causing, threatening or attempting

to cause physical harm

RA 9262 (VAWC)
Sexual  Any act that is sexual in nature

Violence

RA 9262 (VAWC)
 ACTS OF LASCIVIOUSNESS
 RAPE
RA 9262 (VAWC)
MAKING DEMEANING REMARKS
Treating a woman
or her child as a
sex object

RA 9262 (VAWC)
Forcing the victim to

watch obscene
publications and
indecent shows;
Making sexually suggestive remarks

RA 9262 (VAWC)
Forcing the victim to do indecent

acts or making film thereof;

RA 9262 (VAWC)
Forcing the wife and

mistress to live in the
conjugal home
Prostituting the
victim

RA 9262 (VAWC)
Psycholog Acts or omissions causing or likely to cause

mental or emotional suffering of the victim.
ical
Violence

RA 9262 (VAWC)
INTIMIDATION
HARRASSMENT
RA 9262 (VAWC)
DAMAGE TO PROPERTY
STALKING

RA 9262 (VAWC)
PUBLIC RIDICULE
REPEATED
VERBAL ABUSE
RA 9262 (VAWC)
MARITAL INFIDELITY
ALLOWING THE VICTIM TO

WITNESS ABUSIVE INJURY TO PETS
RA 9262 (VAWC)
Deprivation of the right of

custody/visitation of
common children
Peering the window or

lingering outside the
home of the victim
RA 9262 (VAWC)
Inflicting and threatening

harm on oneself to control
the victim’s action
Tresspassing in dwelling
of the victim

RA 9262 (VAWC)
Acts that make or attempt to make a woman financially

dependent
Economic
Abuse

RA 9262 (VAWC)
Preventing the victim

from engaging in any
legitimate profession,
occupation, business or
activity
WITHDRAWAL OF
FINANCIAL SUPPORT

RA 9262 (VAWC)
Deprivation or threat of deprivation of

financial resources
Controlling the victim’s own money

II. Acts of violence against women and
their children
A. Causing physical harm;
B. Threatening to cause physical harm;
C. Attempting to cause physical harm;
D. Placing in fear of imminent physical harm;

Acts of VAWC (Cont.)
E. Attempting to compel to engage in conduct
which they have the right to desist from,
shall include:
 Threatening to deprive or actually

depriving of custody;
 Depriving or threatening to deprive of

financial support;
Depriving or threatening to deprive of a
legal right;
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;
F. Inflicting or threatening to inflict physical
harm on oneself;
G. Causing or attempting to engage in any

sexual activity;
H. Engaging in purposeful, knowing, or reckless
conduct, that alarms or causes substantial
emotional or psychological distress, to include:
 Stalking;
 Peering in the window/lingering outside

the residences;
 Entering or remaining in the dwelling or

on the property against her/his will.
 Destroying the property and personal

belongings; and
 Engaging in any form of harassment
or violence
I.Causing mental or emotional anguish,
public ridicule or humiliation.
RA 9262 (VAWC)
Who may be victims?
The Woman The child

RA 9262 (VAWC)
Persons Liable
The husband The conspirator

The lover and the ex

RA 9262 (VAWC)
Nature of VAWC
 It is a PUBLIC CRIME
 Can be filed by ANY CITIZEN having

personal knowledge of the
circumstances involving the
commission of the crime.

RA 9262 (VAWC)
Battered Woman Syndrome

 The cyclical nature of the
violence inflicted upon the
battered woman immobilizes the
latter’s “ability to act decisively
in her own interests, making her
feel trapped in the relationship
with no means of escape.”
(Lenore Walker)

RA 9262 (VAWC)
 refers to a scientifically defined

pattern of psychological and
behavioral symptoms found on
women living in battery
relationships as a result of
cumulative abuse.

RA 9262 (VAWC)

as a Defense
 Do not incur criminal and civil liability
• Court shall determine the state of mind of the

victim through the assistance of expert
Psychiatrist/Psychologist

RA 9262 (VAWC)
Rights and Protection Granted to

Victims under RA 9262
 To be treated with respect and dignity
 To be informed of their rights and services

available to them
 To be entitled to custody and support of

her children

RA 9262 (VAWC)

 To avail of legal assistance from the
PAO or any other agency
 To ask for damages
 To apply for a hold-departure order
 To be exempt from payment of
docket fees, transcript of
stenographic notes, and other court
fees, if an indigent or if there is an
urgency to act upon the application
for a protection order
 To treat his/her case with
confidentiality
RA 9262 (VAWC)

 To be entitled to support
services from the DSWD and
LGUs (temporary shelter,
counseling and psycho-social
services, recovery/rehabilitation
programs, livelihood assistance
 To be entitled to medical
assistance from the DOH
 To be entitled to paid leave of

absence from work up to ten
days

RA 9262 (VAWC)

 TO BE ENTITLED TO A PROTECTION
ORDER
 Barangay Protection Order
 Temporary Protection Order
 Permanent Protection Order

RA 9262 (VAWC)
Protection Orders
 An order issued for the purpose of preventing
further acts of violence against a woman or
her child.
 The relief granted under the protection order

should serve the purpose of safeguarding the
victim from further harm, minimizing any
disruption in the victim’s daily life, and
facilitating the opportunity and ability of the
victim to independently regain control over
her life

RA 9262 (VAWC)
Barangay Protection Order
 Issued by the barangay
 Effectivity - 15 days
 Enforceable within the barangay

RA 9262 (VAWC)
Temporary Protection Order
 The protection order issued by the court

immediately upon the filing of the
application, upon a finding that it should
be granted.
 It is issued without need for a hearing

RA 9262 (VAWC)
Permanent Protection Order
 The protection order issued by the court

after notice and hearing

RA 9262 (VAWC)
Who may apply for Protection

Order
 The offended party
 Parents or guardians of the offended
party
 Ascendants, descendants or collateral
relatives within the fourth civil degree of
consanguinity or affinity
 Officers or social workers of the DSWD
or social workers of LGUs

RA 9262 (VAWC)
Who may apply for Protection

Order
 Police officers, preferably those in charge of
women and children’s desks
 Punong barangay or barangay kagawad
 Lawyer, counselor, therapist or healthcare
provider of the petitioner
 At least two concerned responsible citizens of
the city or municipality where the violence
against women and children occurred and who
have personal knowledge of the offense
committed

RA 9262 (VAWC)
Prescriptive Period
 Sections 5(a) to 5(f) shall prescribe in 20

years
 Sections 5(g) to 5(i) shall prescribe in 10

years

RA 9262 (VAWC)
A. Causing physical harm;
B. Threatening to cause physical harm;
C. Attempting to cause physical harm;
D. Placing in fear of imminent physical harm;

RA 9262 (VAWC)
Prohibited Defense (Sec 27)
 Being under the influence of alcohol
 Any illicit drug
 Any mind-altering substance

RA 9262 (VAWC)
Custody of Children (Sec 28)
 The woman victim of violence shall be

entitled to the custody and support of her
children.
 Children below 7 yrs old or older but with

mental or physical disabilities shall be
automatically be given to the mother

RA 9262 (VAWC)
Custody of Children (Sec 28)
 The victim who is suffering from battered

wife syndrome shall not be disqualified
from having custody of her children.

RA 9262 (VAWC)
Confidentiality (Sec44)
• Name
• Address
• Telephone number
• School/business address
• Employer
• Other identifying information
• Immediate family member

RA 9262 (VAWC)
QUESTIONS????

RA 9262 (VAWC)
THANK YOU!

RA 8353 (ANTI-RAPE LAW))
Republic Act 8353
Anti-Rape Law of 1997
Instructor Development Course

57
Lesson Goal:
 This lesson aims to provide the

participants with knowledge on RA 8353 and gain
understanding on the different modes of
committing rape.

Scope of Presentation
 Rape, when and how committed
 Qualifying/Aggravating circumstances of rape
 Effect of pardon
 Overt acts
 Duty of police officer in rape cases
 Rape shield

Background:
 Rape shall hereafter be classified as a Crime

against Persons.

I. Rape: When and How Committed

(RPC)
A. By a man who shall have carnal knowledge of a
woman under any of the following circumstances:
1. Through force, threat, or intimidation;

2. When the offended party is deprived of reason or
otherwise unconscious;
3. By means of fraudulent machination or grave
abuse of authority;
4. offended party is under twelve (12) years of age or
is demented,

I. Rape: When and How Committed

(RA 8353)
B. By any person who, under any of the
circumstances mentioned in paragraph 1 hereof,
shall commit an act of sexual assault
1. by inserting his penis into other person's mouth or

anal orifice,
2. Or by inserting any instrument or object, into the

genital or anal orifice of another person.

Rape: When and How Committed (Cont.)



II. AGGRAVATING AND QUALIFYING

CIRCUMSTANCES
A. Victim is under 18 years of age and the offender is

a parent, ascendant, step-parent, guardian, relative
by consanguinity or affinity within the third civil
degree, or the common-law spouse of the parent of
the victim.
B. Victim is under the custody of the police or military

authorities or law enforcement officer of any penal
institution.

C. The rape is committed in full view of the spouse,

parent, any of the children or other relatives within
the third civil degree of consanguinity.
D. Victim is a religious engaged in legitimate religious

vocation or calling and is personally known to be
such by the offender before or at the time of the
commission of the crime.

E. The victim is a child below 7 years old.
F. The offender knows that he is afflicted with

HIV/AIDS or any other sexually transmissible
disease and the virus or disease is transmitted to
the victim.

G. Committed by any member of the AFP or

paramilitary units thereof or the PNP or any law
enforcement agency or penal institution.
H. By reason or on the occasion of the rape, the victim

suffered permanent physical mutilation or disability.

I. The offender knew of the pregnancy of the

offended party at the time of the commission of the
crime.
J. The offender knew of the mental disability,

emotional disorder and/or physical handicap of the
offended party at the time of the commission of the
crime.

 Protective Measures
 The right to privacy of the offended party and the
accused shall be recognized;
 A closed-door investigation, prosecution or trial;
 The name and personal circumstances of the

offended party and/or the accused, or any other
information shall not be disclosed to the public.

Rape Shield
In prosecutions for rape, evidence of

complainant's past sexual conduct, opinion
thereof or of his/her reputation shall not be
admitted unless, and only to the extent that the
court finds, that such evidence is material and
relevant to the case.

 QUESTIONS????

RA 7877
 Anti- Sexual Harassment Act of

1995
(RA 7877)

RA 7877
Background:
The State shall:
Value the dignity of every individual;
Enhance the development of its human resources;
Guarantee full respect for human rights, and

uphold the dignity of workers, employees, applicants
for employment, students or those undergoing
training, instruction or education.

RA 7877
I. SEXUAL HARASSMENT
Is committed in a work place by:

employer,
employee,
manager,
supervisor,
agent of the employer,

RA 7877
Is committed in a learning or training

environment by;
teacher,
instructor,
professor,
coach,
trainer,

RA 7877
or any other person who, having authority, influence

or moral ascendancy over another in a work or training
or education environment;
demands,requests or otherwise requires any sexual

favor from the other, regardless of whether the
demand, request or requirement for submission is
accepted.

RA 7877
A. Work-related or Employment sexual

harassment is committed when:
 Sexual favor is made as a condition in the hiring or in
the employment, re-employment or continued
employment;
 Granting favorable compensation, terms of

conditions, promotions, or privileges;

RA 7877
 Refusal to grant the sexual favor results in limiting or

segregating which would discriminate, deprive or
diminish employment opportunities;
 Would impair the employee's rights or privileges

under existing labor laws; or
 Result in an intimidating, hostile, or offensive

environment for the employee.

RA 7877
B. Education or Training environment

sexual harassment is committed:
 Against one who is under the care, custody or
supervision of the offender;
 Against one whose education, training,

apprenticeship or tutorship is entrusted to the
offender;

RA 7877
 Sexual favor is made a condition to the giving of a

passing grade, or the granting of honors and
scholarships, or the payment of a stipend, allowance
or other benefits, privileges, or consideration; or
 Sexual advances result in an intimidating, hostile or

offensive environment for the student, trainee or
apprentice.

RA 7877
II. Duties and Responsibilities of the

Employer or Head of Office
A. Promulgate appropriate rules and regulations in
consultation with the employees or students or
trainees, prescribing the procedure for the
investigation of sexual harassment cases and the
administrative sanctions therefore.
B. Create a committee on decorum and investigation of

cases on sexual harassment.

RA 7877
III. Liabilities of the Employer or

Head of Office
Shall be liable for damages arising from

the acts of sexual harassment committed in the
employment, education or training environment,
if they are informed of such acts by the offended
party and no immediate action is taken.

RA 7877
IV. Penalties
 Imprisonment of not less than 1 month nor more
than 6 months;
 Fine of not less than P10,000 nor more than

P20,000; or
 Both at the discretion of the court.
 Any action arising from the violation of the provisions

of this Act shall prescribe in 3 years.

RA 7877
 QUESTIONS????

RA 9995 (ANTI-PHOTO
Anti-Photo and Video

Voyeurism Act of 2009
(RA 9995)

RA 7877
Background:
 The State values the dignity and privacy

of every human person and guarantees full respect for
human rights.

RA 7877

RA 7877

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RA 9262 (VAWC)

Republic Act 9262

Instructor Development Course

 The State values the dignity of women and

Instructor Development Course 2

 To provide the participants with the necessary

Instructor Development Course 3

Define violence against women and children

Effectivity of the RA 9262

 RA 9262 was signed into law by President

 The IRR was approved and promulgated on

Instructor Development Course 5

Definition: Violence Against

• Against a woman who may be:

 Wife/former wife of the abuser

• Against a woman’s child, whether legitimate or

Instructor Development Course 6

Definition: Violence Against

 the acts result in or is likely to result in

Instructor Development Course 7

Instructor Development Course 8

Physical Inflicting bodily or physical harm

Instructor Development Course 9

Causing, threatening or attempting

Instructor Development Course 10

Sexual  Any act that is sexual in nature

Instructor Development Course 11

MAKING DEMEANING REMARKS

Instructor Development Course 13

Forcing the victim to

Making sexually suggestive remarks

Forcing the victim to do indecent

Instructor Development Course 15

Forcing the wife and

Instructor Development Course 16

Psycholog Acts or omissions causing or likely to cause

Instructor Development Course 17

Instructor Development Course 19

ALLOWING THE VICTIM TO

Deprivation of the right of

Peering the window or

Inflicting and threatening

Instructor Development Course 23

Acts that make or attempt to make a woman financially

Instructor Development Course 24

Preventing the victim

Instructor Development Course 25

Deprivation or threat of deprivation of

Controlling the victim’s own money

B. Threatening to cause physical harm;

C. Attempting to cause physical harm;

D. Placing in fear of imminent physical harm;

 Threatening to deprive or actually

 Depriving or threatening to deprive of

Preventing the woman in engaging in

G. Causing or attempting to engage in any

 Peering in the window/lingering outside

 Entering or remaining in the dwelling or

 Destroying the property and personal

Who may be victims?

The Woman The child

Instructor Development Course 33

The husband The conspirator