R.A.

9262
Anti-Violence
Against Women
and their Children
Act of 2004
 What is VAWC?

Refers to any act or series of acts committed by any

person against a woman who may be the:
• wife,
• former wife, or
• against a woman with whom the person has or had a
sexual or dating relationship, or
• with whom the abuser has a common child, or
• against a child whether legitimate or illegitimate
Sec. 3
Definition of
Terms
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
ACTS of 1 PHYSICAL VIOLENCE

VAWC: SEXUAL VIOLENCE

2

3 PSYCHOLOGICAL VIOLENCE

4 ECONOMIC ABUSE
Physical Violence

Acts that include bodily or physical harm

SEXUAL VIOLENCE
Act which is sexual in nature
• Rape, sexual harassment, acts of lasciviousness, treating
the 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
the victim 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, threat of
force, physical or other harm or
threat of physical or other harm
or coercion; and
• Prostituting the woman or her
child
PSYCHOLOGICAL VIOLENCE

Acts or omissions causing or likely to cause mental or emotional

suffering of the victim
• intimidation
• harassment
• stalking
• damage to property
• public ridicule or humiliation
• repeated verbal abuse
• marital infidelity
• causing or allowing the victim to witness the
phys., sexual or psych. abuse of a member of
the family to w/c the victim belongs
• to witness pornography in any form or
• to witness 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
• withdrawal of financial support • right to conjugal community or
• preventing the victim from engaging property owned in common
in any legitimate profession, • destroying household property or
occupation, business or activity • controlling the victim’s own money or
• deprivation of financial resources, and properties

Mere failure or an
inability to provide
financial support is not
punishable by R.A.
9262
ACHARON vs. PEOPLE |
G.R. No. 224946 | November 9,
2021
"The proper understanding of Section 5 (e) of
R.A. 9262, insofar as it deals with the
deprivation, or threat of deprivation, of financial
support:
There must be allegation and proof that the act
was done with the intent to control or restrict the
woman's and/or her child's or her children's
actions or decisions, consistent with the letter of
Section 5 (e) itself."

Mere failure or an
inability to provide
financial support is not
punishable by R.A.
9262
ACHARON vs. PEOPLE |
G.R. No. 224946 | November 9,
2021
In this case, the Court finds Christian innocent,
for there is undenied evidence that Christian
tried, as he successfully did for a time, to
provide financial support. He testified under
oath that he failed to continue providing support
only when his apartment in Brunei was razed by
fire, and when he met a vehicular accident there.
There is also no dispute that he had already paid
P71,000.00 out of the P85,000.000 of the debt
that the spouses — not the husband alone —
were obligated to pay from their community
property.
VAWC as a PUBLIC
CRIME
A complaint may be filed by ANY CITIZEN
having personal knowledge of the
circumstances involving the commission of
the crime
IS VAWC COMMITTED BY MEN
ALONE?
Women can also be liable under the
law

• lesbian partners / girlfriends; or

• former partners of the victim with
whom she has or had a sexual or
dating relationship
WHO may be the VICTIMS?

Women and their children

 Imprisonment ranging from 1
month and 1 day to 20 years
Offenders
proven in court
to be guilty of Payment of PhP 100,000 to
PhP 300,000 in damages
the crime shall
be penalized Mandatory psychological
with: counseling or psychiatric
treatment
What is a Battered Woman Syndrome?

RA 9262 acknowledges that women who

have retaliated against their partner or who
commit violence as a form of self-defense
may have suffered from BATTERED
WOMAN SYNDROME (BWS)
 refers to a pattern of psychological and
1
behavioral symptoms found in battered
women as a result of a long history of abuse

Battered 2 Any victim who suffers from BWS should

be diagnosed by a Psychiatric expert or a

Woman
clinical psychologist

This will also help the victim in obtaining a

3
Syndrome
just decision in her case

The law does not allow the offender to have

4 custody of minor children.Their care is still
entrusted to the woman even if she is found
to have BWS
 Confidentiality Prescriptive period
provides for a section on 10 to 20 years from the date of
confidentiality or respect the right occurrence or commission of the crime
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 (Sec. 44)
 PROTECTION WHERE to file
Provides ORDER
immediate protection to a VAWC CASES?
victim/survivor of violence
• Family Courts; or
May be a separate relief or an
• Any RTC where the crime was
incidental remedy to another case
committed
where violence is alleged
A protection order is
issued by the
Barangay or the Barangay Protection Order
Court to prevent
further acts of Temporary Protection Order
violence against a
woman or her child
and to grant other Permanent Protection Order
necessary relief,
under RA 9262
 Enforceable TPO VIOLATION
• IMPRISONMENT:

and
ANYWHERE in
up to 6 months
the Philippines
• FINE: P5,000 to

PPO
P50,000
 A Punong Barangay, Barangay Kagawad or
the court hearing an application for a
protection order shall not order, direct force or
in any way unduly influence the applicant for

Prohibited a protection order to compromise or abandon

any of the reliefs sought in the application for

Acts protection under this Act.

Failure to comply with this Section shall

render the official or judge administratively
liable.
What can be
done to combat
VAW
UNIFIED IAC REFERRAL SYSTEM FOR
GENDER-BASED VIOLENCE CASES
Office of the Special Counsel on VAW
Composed of 5 city-paid lawyers who provide FREE LEGAL
INTERVENTION to walk-in Violence Against Women and
their Children clients in Davao City
DCPO- WOMEN &
CHILDREN’S
CONCERN SECTION
• A special desk for women and
children
• First recipient of the Best Women and
Children’s Protection Desk Award
(Urban Category)
SIDLAKAN CENTER FOR
WOMEN
SOUTHERN PHILIPPINES MEDICAL
CENTER WOMEN & CHILDREN
PROTECTION
•
UNIT
Special support unit catering to
patients with emotional trauma as a
result of physical/sexual assault and
torture.

• The WCPU is a Pioneering Project

and Top Five in the Philippines.
DIAL 911: DOMESTIC VIOLENCE
HOTLINE
• Domestic Abuse is considered as an emergency in Davao City.
• Hence, victims and concerned individuals may contact 911 to give
24-hour and immediate response to incidences of domestic violence.
For further INFORMATION,
PLEASE CONTACT:
INTEGRATED GENDER & DEVELOPMENT DIVISION -
DAVAO CITY MAYOR’S OFFICE
• Telefax No. 226-8011, 241-1000 LOC 205 OR PARALEGAL-0939-
8967296

• Office Address: Room 9, Mezzanine, City Hall Bldg., San Pedro

Street, Davao City
Thank you!