RA No.

9262
Anti-Violence Against Women and their Children Act of 2004
RA No. 9262 or the AVAWC Act of 2004
law the seeks to address the
prevalence of violence against
women and their children (VAWC)
by their intimate partners like their
husband or ex-husband, live-in
partner or former live-in partner,
boyfriend/girlfriend or ex-
boyfriend/ex-girlfriend, dating
partner or former dating partner.
Violence Against Women and their Children
any act or a series of acts
committed by any person against
a woman or against her child
whether legitimate or illegitimate,
within or without the family
abode, which result in or is likely
to result in physical, sexual,
psychological harm or suffering,
or economic abuse.
Women defined
❖ Wife
❖ Former wife
❖ one with whom the person has
or had a dating or sexual
relationship
❖ one with whom he has a
common child
Child defined
❖ person below 18 years of age or
❖ older but who is unable to fully
take care of himself/herself from
abuse, neglect, cruelty,
exploitation or discrimination
because of a physical or mental
disability or condition
Dating Relationship defined
❖ 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
❖ casual acquaintance or ordinary
socialization between two
individuals in a business or social
context is not a dating relationship
Sexual Relations as used in RA No. 9262
single sexual act which may or
may not result in the bearing of a
common child
Act or Acts which Constitute VAWC
VAWC includes, but is not limited
to the following acts:

1. Physical
2. Sexual
3. Psychological
4. Economic
 Physical Violence
❖ act or acts that include bodily or
physical harm
❖ includes causing, threatening,
attempting to cause physical harm
to the woman or her child or
placing the woman or her child in
fear of imminent physical harm
 Physical Violence
In Dinamling v. People, G.R. No. 199522, June 22, 2015,
accused’s acts of publicly punching, kicking and stripping
the victim of her pants and underwear, although obvious
acts of physical violence, are also instances of
psychological violence since it was alleged and proven
that they resulted in her public ridicule and humiliation and
mental or emotional distress. Accused was convicted of the
psychological violence against woman. Physical violence
was treated as a mere element of the graver crime of
psychological violence against woman.
 Sexual Violence
❖ act which is sexual in nature like rape,
sexual harassment, acts of
lasciviousness, treating a woman or her
child as a sex object, making
demeaning and sexually suggestive
remarks, forcing the wife and
mistress/lover to live in the conjugal
home or sleep together in the same
room with the abuser, forcing the
woman or her child to watch indecent
shows or do indecent acts, or
prostituting the woman or child
 Psychological Violence
❖ acts or omissions causing or is likely to
cause mental or emotional suffering of the
victim like intimidation, harassment,
stalking, peering in the window or
lingering outside the residence of the
woman or her child, entering or remaining
in the dwelling or on the property of the
woman or her child against his or her will,
destroying the property, public ridicule or
humiliation, repeated verbal abuse and
marital infidelity, or unlawful or unwanted
deprivation of the right to custody and/or
visitation of common children
 Psychological Violence
If the psychological violence consisting of marital
infidelity punishable under RA No. 9262 is committed
in Singapore but the psychological effect occurred in
the Philippines since the wife of the respondent, who
suffered mental anguish, is residing in the
Philippines, our court can assume jurisdiction (see
AAA vs. BBB, G.R. no. 212448, January 11, 2018).
 Psychological Violence
Concubinage and bigamy are punishable under the
Revised Penal Code. However, if concubinage or
bigamy caused mental or emotional anguish to the
offended wife, the offending husband may be
prosecuted for psychological violence against a
woman. (Araza vs. People, G.R. No. 247429,
September 8, 2020)
 Economic Violence
❖ acts that make or attempt to make a
woman financially dependent like
withdrawal of financial support or
preventing the victim from engaging in
any legitimate profession, occupation or
business, deprivation or threat of
deprivation of financial resources and
the right to the use and enjoyment of
their property, controlling the victim’s
own money or properties or solely
controlling the conjugal money or
properties
 Economic Violence
❖ deprivation of legal support under the
Family Code by a man to his wife or
children may constitute economic
violence against a woman under Section
5 (e) of RA No. 9262 or psychological
violence against a woman under Section
5 (i)
❖ deprivation of financial support per se
does not violate RA No. 9262 unless it is
accompanied by the other elements of
economic violence or psychological
violence
 Economic Violence
In Acharon vs. People, the Supreme Court finds the accused not guilty
of psychological violence under Section 5 (i) for he tried, as he
successfully did for a time, to provide financial support to his wife. The
accused failed to provide financial support only when his
apartment in Brunei was razed by fire, and when he met a
vehicular accident there. Moreover, he had already paid P71,000 of
the P85,000 of the debt the spouses were obligated to pay out of their
community property. The Court also found the accused not guilty of
economic violence under Section 5 (e). There is no proof that he
deliberately refused to give support in order to control the behavior or
actions of his wife. Neither was there any allegation or proof that he
prevented his wife from seeking gainful employment or pursuing
economic opportunities.
Remedies of the Offended Party
1. File a Petition for a Protection
Order
2. File a Criminal Action for
Violation of Anti-VAWC
3. File a Criminal Action with
reservation of a separate civil
action
4. File a Civil Action for
Damages
 Protection Order
❖ an order issued for the purpose of preventing or
safeguarding further acts of violence against a
woman or her child, 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.
 Types of Protection Orders
Where to apply Who issues Duration
petition
BPO Barangay* Punong 15 days
Barangay or SB
Member
TPO Family Court Judge 30 days
PPO Family Court Judge Permanent
* Following the rules on venue in Sec. 409 of the Local Government Code and
the IRR of R.A. 9262
 Who may file for a Protection Order
❖ offended party
❖ parents or guardian
❖ ascendants, descendants and other relatives
❖ Social Worker
❖ Police Officer
❖ Punong Barangay or Sangguniang Barangay Member
❖ Lawyer, counselor or therapist
❖ Two (2) concerned and responsible citizens
Barangay Protection Order (BPO)
❖ issued by the Punong Barangay,
or in his absence the
Sangguniang Barangay Member,
ordering the perpetrator to desist
from causing or threatening to
cause physical harm or bodily
injury against the offended party
❖ effective for 15 days
Temporary Protection Order (TPO)
❖ issued by the court on the date
of filing of the application or in
the course of the hearing
❖ effective for 30 days
Permanent Protection Order (PPO)
❖ issued by the court after notice
and hearing and effective until
revoked by the court upon
application of the person in
whose favor the order was
issued
❖ permanent
 Reliefs Granted Under the BPO
Barangay Protection Orders (BPOs) under Sec. 14 of R.A. 9262
Who May Issue : Punong Barangay
Content: ordering the perpetrator to desist from committing acts under Section
5 (a) causing physical harm to the woman or her child and (b) threatening to
cause the woman or her child physical harm of Republic Act 9262.

The reliefs that may be granted under the BPO are the following*:
a) Prohibition of the respondent from threatening to commit or committing,
personally or through another, any of the following acts mentioned in
Section 5 (a) and (b) of R.A. 9262; and
b) Prohibition of the respondent from harassing, annoying, telephoning,
contacting or otherwise communicating with the victim-survivor, directly or
indirectly.
* Sec. 13 of IRR of R.A. No. 9262
 Reliefs Granted Under the Protection Order
1. Prohibition from committing or threatening to commit acts of
violence
2. Prohibition from harassing, annoying, telephoning, contacting or
communicating with petitioner
3. Removal or exclusion of respondent from residence of petitioner,
regardless of ownership of the residence, either temporarily or
permanently
4. Directing respondent to stay away from the residence, school,
place of employment of petitioner or designated family or
household member
5. Directing lawful possession and use by petitioner of an automobile
and other essential personal effects, regardless of ownership
 Reliefs Granted Under the Protection Order
6. Granting a temporary or permanent custody of a child/children to
petitioner
7. Directing respondent to provide support to the woman and/or her
child if entitled to legal support
8. Prohibition to use, possess any firearm or deadly weapon and to
surrender the same to the court including revocation of license
and disqualification to apply for license
9. Actual damages
10.Directing DSWD or any appropriate agency to provide
temporary shelter; therapy, counseling
11. other reliefs
 Prescriptive Period – 20 years
1. Causing physical harm to the woman or her child (5a)
2. Threatening to cause the woman or her child physical harm (5b)
3. Attempting to cause the woman or her child physical harm (5c)
4. Placing the woman or her child in fear of imminent physical harm
(5d)
5. Forcing (or attempting to force) a woman or her child to engage in
activities which the woman or her child has the right to desist from or
forcing a woman to stop activities which the woman or her child has
the right to engage in, or restricting the woman's or her child's
freedom of movement (includes attempting to restrict) by use force or
threat of force, physical or other harm or threat of physical or other
harm, or intimidation. (5e)
6. Inflicting (or threatening to inflict) physical harm on oneself for the
purpose of controlling her actions or decisions (5f)
 Prescriptive Period – 10 years
1. Causing (or attempting to cause) the woman or her child to
engage in any sexual activity which does not constitute rape, by
force or threat of force, physical harm, or through intimidation (5g);
2. Doing reckless action, personally or through another, that cause
substantial emotional or psychological distress to the woman or her
child (5h)
3. Causing mental or emotional anguish, public ridicule or
humiliation to the woman or her child, including, but not limited to,
repeated verbal and emotional abuse, and denial of
financial support or custody of minor children of access to the
woman’s child/children (5i)
SECTION 25. Public Crime. – Violence against women and
their children shall be considered a public offense which
may be prosecuted upon the filing of a complaint by any
citizen having personal knowledge of the circumstances
involving the commission of the crime.

* R.A. No. 9262

Duties of Barangay Officials and Law Enforcers
1. respond immediately to a call for help or request for assistance
or protection of the victim by entering the necessary whether or
not a protection order has been issued and ensure the safety of
the victim/s;
2. confiscate any deadly weapon in the possession of the
perpetrator or within plain view;
3. transport or escort the victim/s to a safe place of their choice or
to a clinic or hospital;
4. assist the victim in removing personal belongs from the house;
5. assist the barangay officials and other government officers and
employees who respond to a call for help;
* Sec. 30 of R.A. No. 9262
Duties of Barangay Officials and Law Enforcers
6. ensure the enforcement of the Protection Orders issued by the Punong
Barangay or the courts
7. arrest the suspected perpetrator without a warrant when any of the acts
of violence defined by this Act is occurring, or when he/she has personal
knowledge that any act of abuse has just been committed, and there is
imminent danger to the life or limb of the victim as defined in this Act
8. immediately report the call for assessment or assistance of the DSWD,
social Welfare Department of LGUs or accredited non-government
organizations (NGOs)

Note: Any barangay official or law enforcer who fails to report the incident
shall be liable for a fine not exceeding P10,000.00 or whenever applicable
criminal, civil or administrative liability
* Sec. 30 of R.A. No. 9262
 Healthcare Provider Response to Abuse
Any healthcare provider, including, but not limited to, an attending
physician, nurse, clinician, barangay health worker, therapist or
counselor who suspects abuse or has been informed by the victim
of violence shall:

a) properly document any of the victim's physical, emotional or

psychological injuries
b) properly record any of victim's suspicions, observations and
circumstances of the examination or visit
c) automatically provide the victim free of charge a medical
certificate concerning the examination or visit
d) safeguard the records and make them available to the victim
upon request at actual cost
e) provide the victim immediate and adequate notice of rights and
remedies provided under this Act, and services available to them.
* Sec. 31 of R.A. No. 9262
SECTION 40. Mandatory Programs and Services for
Victims. – The DSWD, and LGU's shall provide the victims
temporary shelters, provide counseling, psycho-social services
and /or, recovery, rehabilitation programs and livelihood
assistance.

The DOH shall provide medical assistance to victims.

SECTION 41. Counseling and Treatment of Offenders.

– The DSWD shall provide rehabilitative counseling and
treatment to perpetrators towards learning constructive ways of
coping with anger and emotional outbursts and reforming their
ways. When necessary, the offender shall be ordered by the
Court to submit to psychiatric treatment or confinement. * R.A. No. 9262
 Where should cases of VAWC be filed
❖ Cases may be filed in the Regional Trial Court (RTC)
designated as FAMILY COURT of the place where the
crime was committed.

❖ Family Court/s have original and exclusive jurisdiction

over VAWC cases.

* Sec. 7 of R.A. No. 9262

 Penalties for Committing VAWC
Offenders proven in court to be guilty of the crime shall be
penalized with:

▪ imprisonment ranging from 1 month and 1 day to 20

years
▪ payment of P100,000 to P300,000 in damages
▪ mandatory psychological counseling or psychiatric
treatment

* Sec. 6 of R.A. No. 9262; PCW VAWC Handout

 Where should cases of VAWC be filed
❖ Cases may be filed in the Regional Trial Court (RTC)
designated as FAMILY COURT of the place where the
crime was committed.

❖ Family Court/s have original and exclusive jurisdiction

over VAWC cases.

* Sec. 7 of R.A. No. 9262

 Is VAWC Committed by Men Alone?
NO. Women can also be liable under the law. These are
the lesbian partners/girlfriends or former partners of the
victim with whom she has or had a sexual or dating
relationship.

https://pcw.gov.ph/faq-republic-act-9262/
 What if the male spouse/partner complains about
abuses committed by his wife/partner?

He may file a complaint or case under the Revised

Penal Code.

https://pcw.gov.ph/faq-republic-act-9262/
Thank You For Listening!