Registration Number:

QAC/R63/0216

Department of Education-Division of Quezon

 Republic Act No. 9262

ANTI-VIOLENCE AGAINST
WOMEN AND THEIR
CHILDREN ACT OF 2004

VAWC
MARIA DOLORES D. ATIENZA
Administrative Officer V
Registration Number:
QAC/R63/0216
Administrative Section/General Services

Department of Education-Division of Quezon

 What is RA 9262?
It is a special law, otherwise known as Anti-Violence against women and their Children
Act of 2004 (Anti-VAWC), which penalizes as a public crime certain acts of violence
against women and their children.

When was the law signed and became effective?

The law was signed last March 8, 2004. It took effect on March 27.

What is “violence against women and their children”?

“Violence against women and their children” (VAWC) is any act or a series of acts
committed against the victim which result in or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse including threats of such acts,
battery, assault, coercion, harassment or arbitrary deprivation of liberty.

Registration Number:
QAC/R63/0216

Department of Education-Division of Quezon

 Who is the woman victim protected under this law?

a) wife; or
b) former wife; or
c) a woman with whom the offender has or had a
sexual or dating relationship; or
d) a woman with whom the offender has a common
child;

Who are the children victims protected under the law?

“Children” means the abused woman’s children, boy or girl alike, below 18 years
old, whether legitimate or illegitimate; or other children who live with the woman or
are under her care.

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Department of Education-Division of Quezon

 Important Definition of Terms:

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 What is “battery”?

“Battery” refers to an act of inflicting physical harm upon the woman or her child
resulting to physical and psychological or emotional distress.

Battered Woman defined:

A battered woman is one who is repeatedly subjected to any forceful, physical or

psychological behavior by a man in order to coerce her to do something he wants
her to do without concern for her rights.

TO BE CLASSIFIED AS SUCH, the couple must go through the battling cycle

at least TWICE. Any woman may find herself in an abusive relationship with a man
once. IF IT OCCURS again, and she remains in the situation, she is defined as a
battered woman.

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Department of Education-Division of Quezon

 Cycle of Violence
(An Overview People v Genosa GR 135981)

Tension Building Phase

Minor battering occurs – verbal, physical abuse or other form of hostile behavior.
The woman tries to pacify the batterer but this placatory/ passive behavior only
legitimizes the man’s belief that he has the right to abuse her. At some point, the
violence gets out of control and leads to:

Acute Battering Incident

Brutal and destructive violence that could lead to death.

Tranquil, Loving Phase

This is when Acute Battering Incident ends. During this period, the couple
experience profound relief. The batterer may show tender, nurturing behavior
towards his partner.

Registration Number:
QAC/R63/0216

Department of Education-Division of Quezon

 How is “stalking” defined?

“Stalking” refers to an intentional act committed by a person who, knowingly and

without lawful justification, follows the woman or her child, or places the woman
or her child under surveillance directly or indirectly or a combination thereof.

What is “sexual relations”?

“Sexual relations” refers to a single sexual act which may or may not result in
the bearing of a common child.

How is “dating relationship” defined?

“Dating relationship” refers to a situation wherein the parties live as husband and
wife without the benefit of marriage or are romantically involved overtime and on
a continuing basis during the course of the relationship. A casual
acquaintance or ordinary socialization between two individuals in a
business or social context is not a dating relationship.

Registration Number:
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Department of Education-Division of Quezon

 Dating Relationship
"Notably, while it is required that the offender has or had a
sexual or dating relationship with the offended woman, for
RA 9262 to be applicable, it is not indispensable that the act
of violence be a consequence of such relationship. Nowhere
in the law can such limitation be inferred. Hence, applying the
rule on statutory construction that when the law does not
distinguish, neither should the courts, then, clearly, the
punishable acts refer to all acts of violence against women
with whom the offender has or had a sexual or dating
relationship. As correctly ruled by the RTC, 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."
Dabalos v. RTC, Branch 59, Angeles City, G.R. No. 193960,
Registration Number:
January 07, 2013
QAC/R63/0216

Department of Education-Division of Quezon

 RA 9262; violence against women and children; leniency in favor of accused
due to ambiguity of the law inapplicable.
The Supreme Court held that it cannot construe the statute in favor of petitioner
using the rule of leniency because there is no ambiguity in RA 9262 that would
necessitate any construction. While the degree of physical harm under RA 9262
and Article 263 of the Revised Penal Code are the same, there is sufficient
justification for prescribing a higher penalty for the former. Clearly, the
legislative intent is to purposely impose a more severe sanction on the
offenders whose violent act/s physically harm women with whom they have or
had a sexual or dating relationship, and/or their children with the end in view
of promoting the protection of women and children.

Karlo Angelo Dabalos y San Diego v. Regional Trial Court, Branch 59,Angeles City,
etc., et al, G.R. No. 193960, January 7, 2013.

Registration Number:
QAC/R63/0216

Department of Education-Division of Quezon

 What does “public crime” mean?
Any citizen who has personal knowledge of the crime can file a
criminal complaint.

Where is VAWC committed?

Violence against women and their children is committed within the
dwelling/abode or any other place outside thereof

What are the forms of VAWC?

Violence against women and their children can be described in
the following forms;
1) “Physical violence” which refers to acts that include bodily or physical harm;
2) “Sexual violence” which refers to an act which is sexual in nature, committed
against a woman or her child.
3) “Psychological violence” which refers to acts or omissions causing or likely to
cause mental or emotional suffering of the victim”
Registration Number: 4) “Economic abuse” which refers to acts that make or attempt to make a woman
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financially dependent;

Department of Education-Division of Quezon

 How is “sexual violence” committed?
a) rape;
b) sexual harassment;
c) acts of lasciviousness;
d) treating a woman or her child as a sex object;
e) making demeaning and sexually suggestive remarks;
f) physically attacking the sexual parts of the victim’s body;
g) forcing the woman or her child to watch obscene
publications; and
h) forcing the woman or her child to do indecent acts and/or
make films thereof;
i) forcing the wife and mistress/lover to live in the conjugal
home or sleep together in the same room with the abuser;
j) causing or attempting to cause the victim to engage in any
sexual activity by force, threat of force, physical or other
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QAC/R63/0216
harm or threat of physical or other harm or coercion;
k) Prostituting the woman or her child;

Department of Education-Division of Quezon

 How is “psychological violence” committed?
A. Psychological violence is committed in the following manner;
a) intimidation;
b) harassment;
c) stalking;
d) damage to property;
e) public ridicule or humiliation;
f) repeated verbal abuse;
g) marital infidelity;
h) causing or allowing the victim to witness the physical, sexual
or psychological abuse of a member of the family to which the
victim belongs;
i) causing or allowing the victim to witness pornography in any
form;
j) causing or allowing the victim to witness abusive injury to
pets;
Registration Number:
QAC/R63/0216 k) unlawful or unwanted deprivation of the right to custody
and/or visitation of common children.
Department of Education-Division of Quezon
 How is “economic abuse” committed?

Economic abuse can be committed in the following manner:

a) withdrawal of financial support or preventing the victim from engaging in any

legitimate profession, occupation, business or activity, except in cases
wherein the other spouse/partner objects on valid, serious and moral
grounds as defined in Article 72 of the Family Code;

b) deprivation or threat of deprivation of financial resources and the rights to

the use and enjoyment of the conjugal, community or property owned in
common;

c) destroying household property;

d) controlling the victim’s own money or properties or solely controlling the

conjugal money or properties.

Registration Number:
QAC/R63/0216

Department of Education-Division of Quezon

 Penalty
What are the penalties imposed for the crime of VAWC?

Section 6, RA 9262 provides the following: “Penalties – the crime of

Violence Against Women and their Children under Section 5 hereof
shall be punished according to the following rules:
(a) Acts falling under Section 5 (a) constituting attempted, frustrated
or consummated parricide or murder or homicide shall be punished in
accordance with the provisions of the Revised Penal code. If these act
resulted in mutilation, it shall be punishable in accordance with the Revised
Penal code; those constituting serious physical injuries shall have the penalty
of prision mayor; those constituting less serious physical injuries shall be
punished by prision correccional; and those constituting slight physical
injuries shall be punished by arresto mayor.

Registration Number:
QAC/R63/0216

Department of Education-Division of Quezon

 Acts falling under Section 5 (b) shall be punished by imprisonment of two (2)
degrees lower than the prescribed penalty for the consummated crime as specified
in the preceding paragraph but shall in no case be lower than arresto mayor.

a) Acts falling under Section 5 (c) and (d) shall be punished by

arresto mayor;

b) Acts falling under Section 5 (e) shall be punished by prision

correccional;

c) Acts falling under Section 5 (f) shall be punished by arresto

mayor;

d) Acts falling under Section 5 (g) shall be punished by prision

mayor;

f) Acts falling under Section 5 (h) and Section 5 (i) shall be

punished by prision mayor.”
Registration Number:
QAC/R63/0216

Department of Education-Division of Quezon

 What is the prescriptive period for VAWC cases?
Acts falling under Section 5 (a) to 5 (f) shall prescribe in twenty (20) years. Acts
falling under Sections 5 (g) to 5 (i) shall prescribe in (10) years.

What if the woman or her child is pregnant, how is the penalty imposed?
If the acts are committed while the woman or her child is pregnant, the penalty to
be applied shall be the maximum period of penalty prescribed in Section 6.

What if the acts are committed in the presence of the woman’s child?
If the acts are committed in the presence of the woman’s child, the penalty to be
applied shall be the maximum period of penalty prescribed in Section 6.

Registration Number:
QAC/R63/0216

Department of Education-Division of Quezon

 What is the fine imposed on the offender of VAWC?

In addition to imprisonment, the perpetrator shall;

a) pay a fine in the amount of not less than One Hundred

Thousand Pesos ( P 100,000.00) but not more than Three
Hundred Thousand Pesos (P 300,000.00)

b) undergo mandatory psychological counseling or

psychiatric treatment and shall report compliance to the
court.

Where can VAWC be filed?

The Regional Trial Court (RTC) designated as Family Court shall have original
and exclusive jurisdiction over cases of violence against women and their
children under RA 9262. In the absence of court in the place where the
offense was committed, the complainant has the option to file the case in the
Regional Trial Court where the crime or any of its element was committed.
Registration Number:
QAC/R63/0216

Department of Education-Division of Quezon

 How Is “Protection Order” Defined?

A protection order is an order issued under RA 9262 for the purpose of preventing
further act of violence against a woman or a child specified in Section 5 of the law
and granting other necessary relief.

What are the protection orders that may be issued under RA

9262?

The following protection orders may be issued accordingly;

a) Barangay Protection Order (BPO), issued by the Punong

Barangay, or in his or her absence, any available Barangay
Kagawad. It is effective within fifteen (15) days.

b) Temporary Protection Order (TPO), issued by the court and

is effective within thirty (30) days;

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c) Permanent Protection Order (PPO), issued by the court after

notice and hearing.

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 Who may file petition for Protection Orders?

a) A petition for protection order may be filed by any of the following:

b) victim or offended party;
c) parents or guardian of the offended party;
d) ascendants, descendants or collateral relatives within fourth civil degree of
consanguinity or affinity;
e) officers or social workers of the DSWD or social workers of Local Government
Units (LGUs);
f) police officers preferably those in-charge of Women and Children’s Protection
Desk (WCPD)
g) Punong Barangay or Barangay Kagawad;
h) Lawyer, counselor, therapist or health care provider of the petitioner
i) At least two (2) concerned responsible citizens of the city or municipality
where the violence against women and their children occurred and who have
personal knowledge of the offense committed.

Registration Number:
QAC/R63/0216

Department of Education-Division of Quezon

 How to apply for a Protection Order?

The application for a protection order must be in writing signed

and verified under oath by the victim. A standard application
form, written in English with translation to the major local
languages, shall contain, among others, the following information:

a) names and addresses of petitioner and respondent;

b) description of relationships between petitioner and respondent;
c) a statement of the circumstances of the abuse;
d) description of the relief requested by petitioner;
e) request for a counsel and reasons for such;
f) request for a waiver of application fees until hearing; and
g) in attestation that there is no pending application for a
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protection order in another court.
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Department of Education-Division of Quezon

 What if the application of the Protection Order is not the victim?
If the applicant is not the victim the application must be accompanied by
an affidavit of the applicant attesting to

a) the circumstances of the abuse suffered by the victim; and

b) the circumstance of consent given by the victim for filing of application.

When disclosure of the address of the victim will pose danger to her life,
its shall be so stated in the application.

What are reliefs provided in the issuance of Protection Order?

The Barangay Chairperson has the power to provide the following reliefs:

a) prohibit the respondent from threatening to commit or committing,

personally or through another, any of the acts mentioned in Section 5 or
RA 9262;
b) prohibit the respondent from harassing, annoying, telephoning,
contacting or otherwise communicating with the petitioner directly or
Registration Number: indirectly.
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Department of Education-Division of Quezon

 On the other hand, the court has the power to provide any, some, or all of the
following reliefs:

a) Prohibition of the respondent from threatening to commit or

committing personally, or through another, any of the acts
mentioned in Section 5 of RA 9262;

b) Prohibition of respondent from harassing, annoying,

telephoning, contacting or otherwise communicating with the
petitioner directly or indirectly;

c) Removal and exclusion of the respondent from the residence

of the petitioner, regardless of ownership of the residence, either
temporarily for the purpose of protecting the petitioner, or
permanently where no property rights are violated;

d) Directing the respondent to stay away from petitioner and any

designated family or household member at a distance specified

by the court, and to stay away from the residence, school, place
Registration Number: or employment, or any specified place frequented by the
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petitioner any designated family as household member;

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 e) Directing lawful possession and used by petitioner by an
automobile and other essential personal effects, regardless of
ownership and directing the appropriate law enforcement officer to
accompany the petitioner to the residence of the parties to ensure
that the petitioner is safely restored to the possession of the
automobile and other essential personal effects or to supervise the
petitioner or respondent’s removal of personal belongings;

f) Granting a temporary or permanent custody of a

child/children to the petitioner;

g) Directing the respondent to provide support to the woman or

her child if entitled to legal support. Notwithstanding other
laws to the contrary the court shall order an appropriate
percentage of the income or salary of the respondent to withheld
regularly by the respondent’s employer and for the same to be
automatically remitted directly to the woman.

Registration Number:
QAC/R63/0216

Department of Education-Division of Quezon

 h) Prohibition of the respondent from any use or possession of
any firearm or deadly weapon and order him to surrender
the same to the court for appropriate dispossession by
the court, including the renovation of license and disqualification to
apply for any license to use or possess a firearm.

i) Restitution for actual damages cased by the violence

inflicted including, but not limited to property damage, medical
expenses, childcare expenses and loss of income;

j) Directing the DSWD or any appropriate agency to provide

the petitioner temporary shelter and other social services that the
petitioner may need; and

k) Provision of such other forms of relief as the court deems

necessary to protect and provide for the safety of the petitioner ad any
designated family or household member, provided petitioner and any
designated family or household member consents to such
relief.
Registration Number:
QAC/R63/0216

Department of Education-Division of Quezon

 What if the respondent fails to remit and/or withhold or delay remittance
of support to the woman and/or her child, what sanction will be
imposed?”
If the failure or withholding or delay of the remittance is without justifiable
cause, it shall render the respondent or his employer liable for indirect
contempt of court.

If the offender is a law enforcement agent, how is he prohibited from

possession of his firearm after the protection order is issued?
The court shall order the offender to surrender his firearm and shall direct the
appropriate authority to investigate on the offender and take appropriate action
on the matter.
How can respondent remove his personal effects from the residence
after the protection order is issued?
If respondent has to remove personal effects from the residence, the court
shall direct a law enforcement agent to accompany the respondent to the
Registration Number: residence, remain there until respondent has gathered his things and escort
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respondent from the residence.

Department of Education-Division of Quezon

 Is there a need for a decree of legal separation or annulment or
declaration of absolute nullity of marriage before any of the reliefs is
provided?
No. Any of the reliefs as provided shall be granted even in the absence of
a decree of legal separation or annulment or declaration of absolute
nullity of marriage.
What is the purpose of the relief granted under a protection order?
The relief granted under a protection should serve the purpose of
safeguarding the victim from further harm, minimizing any disruption in
the victim’s family daily life, and facilitating the opportunity and ability of
the victim to independently regain control over her life.
What should the Barangay Officials do when the victim or any authorized
person applies for a BPO?
When the victim or any authorized person applies for BPO, the barangay
officials should do the following:
a) Take the “salaysay” or statement under oath of the
Registration Number: victim/applicant. Be sure the date of commission of the
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offense, place and a specific circumstances are in the
statement;

Department of Education-Division of Quezon

 b) Allow a non-lawyer advocate to be with the victim during the
proceedings.

c) Do not allow the respondent/offender to be present during

the ex-parte proceedings.

d) Issue the BPO on the same day of application.

e) Assist the victim/applicant in applying for a Temporary

Protection Order with the court as soon as possible.

f) Serve the BPO on the respondent.

g) If the BPO is violated, file a criminal case for violation of RA

9262 in the Municipal Trial Court or Municipal Circuit Trial
Court. Penalty is thirty (30) days of imprisonment.

Registration Number:
QAC/R63/0216

Department of Education-Division of Quezon

 Can the Barangay Officials mediate or conciliate?

No. Conciliation and mediation of acts of violence against women and their
children are not allowed under this law. 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 a protection
order to compromise or abandon any of the reliefs sought in the application for a
protection order. Failure to comply shall render the official or judge
administratively liable. (Sec 33, RA 9262)

Is counseling and treatment of offenders allowed under the law?

Yes. The DSWD shall provide rehabilitative counseling and treatment to

perpetrators towards learning constructive ways of coping with anger and
emotional outburst and reforming their ways. When necessary, the offender
shall be ordered by the Court to submit to psychiatric treatment of confinement.

Registration Number:
QAC/R63/0216

Department of Education-Division of Quezon

 Is there a penalty for not enforcing the TPOs and PPOs?

Yes. Violation is punishable with a fine ranging from five thousand pesos (P
5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment of six (6)
months.

After the issuance of TPO, what comes next?

The court shall schedule a hearing on the issuance of a PPO prior to or on the
date of the expiration of the TPO. The TPO shall include notice of the date of the
hearing on the merits of issuance of a PPO.

How many days should the hearing on the merits of issuance of PPO be
held?

The court shall conduct the hearing on the merits of the issuance of a PPO in
one (1) day. Where the court is unable to conduct the hearing within one (1) day
and the TPO issued is due to expire, the court shall continuously extend or renew
until the final judgment is issued. The extended or renewed TPO may be
Registration Number: modified by the court as may be necessary or applicable to address the needs of
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the applicant.

Department of Education-Division of Quezon

 Until when is the PPO considered effective?
A PPO shall be effective until revoked by a court upon application of the person
in whose favor the order was issued. The court shall ensure immediate
personal service of the PPO on respondent.

How is the issuance of protection order prioritized?

Ex parte and adversarial hearings to determine the basis of the applications for
a protection order shall have priority over all other proceedings. Barangay
officials and the courts shall schedule and conduct hearings on application for a
protection order above all other business and if necessary, suspend other
proceedings in order to hear application for a protection order.

Registration Number:
QAC/R63/0216

Department of Education-Division of Quezon

 What is the “confidentiality” rule under the law?

All records pertaining to cases of VAWC including those in the barangay shall be
confidential and all public officers and employees and public and private clinics or
hospitals shall respect the right to privacy of the victim. Whoever publishes or
causes to be published, in any format, the name, address, telephone number,
school, business address, employer, or other identifying information of a victim or
an immediate family member, without the latter’s consent, shall be liable to the
contempt power of the court.

“Pursuant to Section 44 of Republic Act (RA) No. 9262, otherwise known as the Anti-
Violence Against Women and Their Children Act of 2004, and Section 63, Rule XI of the Rules and
Regulations Implementing RA 9262, the real name of the child-victim is withheld to protect his/her
privacy. Fictitious initials are used instead to represent him/her. Likewise, the personal circumstances
or any other information tending to establish or compromise his/her identity, as well as those of his/her
immediate family or household members shall not be disclosed.”

What is the penalty imposed for violation of “confidentiality” rule?

Any person who violates confidentiality of VAWC cases shall suffer the penalty of
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one (1) year imprisonment and a fine of not more than Five Hundred Thousand
Pesos (P500,000.00).

Department of Education-Division of Quezon

 What is the Inter-Agency Council of Violence Against Women and Their
Children (IAC-VAWC)?

The IAC-VAWC is an inter-agency body tasked to formulate programs and

projects to eliminate VAW based on their mandates as well as develop capability
programs for their employees to become more sensitive to the needs of their
clients. The Council will also serve as the monitoring body as regards to VAW
initiatives. It shall be composed of the following agencies:
a) Department of Social Welfare and Development (DSWD)
b) National Commission on the Role of Filipino Women (NCRFW)
c) Civil Service Commission (CSC)
d) Commission on Human Rights (CHR)
e) Council for the Welfare of Children (CWC)
f) Department of Justice; (DOJ)
g) Department of Interior and Local Government (DILG);
h) Philippine National Police (PNP);
i) Department of Health (DOH);
j) Department of Education (DepEd);
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k) Department of Labor and Employment (DOLE); and
QAC/R63/0216 l) National Bureau of Investigation (NBI)

Department of Education-Division of Quezon

 THANK YOU!
FOR LISTENING

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Department of Education-Division of Quezon