Anti-Violence Against Women

and their Children Act of 2004

R.A. 9262
Proclamation 1172 s. 2006 – Declaring 25
November to 12 December as the 18-Day
Campaign to End Violence Against Women
(VAW)
Republic Act 10398 (2013) – Declaring
November 25 of Every Year as National
Consciousness Day for the Elimination of
Violence Against Women and Children In
Support of the Worldwide Campaign to End
VAW
VAWFree Starts with Me….
SECTION 3. Definition of Terms.- As used in
this Act,
• a) "Violence against women and their children" refers to any act
or a series of acts committed by any person against a woman
who is his wife, former wife, or against a woman with whom the
person has or had a sexual or dating relationship, or with whom
he has a common child, 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 including threats of such acts,
battery, assault, coercion, harassment or arbitrary deprivation of
liberty. It includes, but is not limited to, the following acts:
 A. "Physical Violence" refers to acts
that include bodily or physical harm;
B. "Sexual violence" refers to an act which is sexual in nature,
committed against a woman or her child. It includes, but is not limited to:

a) rape, sexual harassment, acts of lasciviousness, treating a 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 her/him 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;

b) 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;

c) Prostituting the woman or child.

C. "Psychological violence" refers to acts or
omissions causing or likely to cause mental or
emotional suffering of the victim such as but not
limited to intimidation, harassment, stalking, damage
to property, public ridicule or humiliation, repeated
verbal abuse and mental infidelity. It includes causing
or allowing the victim to witness the physical, sexual
or psychological abuse of a member of the family to
which the victim belongs, or to witness pornography
in any form or to witness abusive injury to pets or to
unlawful or unwanted deprivation of the right to
custody and/or visitation of common children.
(b) "Battery" refers to an act of inflicting
physical harm upon the woman or her child
resulting to the physical and psychological or
emotional distress.

(c) "Battered Woman Syndrome" refers to a

scientifically defined pattern of psychological
and behavioral symptoms found in women
living in battering relationships as a result of
cumulative abuse.
(d) "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.
(e) "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. A casual acquaintance or
ordinary socialization between two individuals
in a business or social context is not a dating
relationship.
(f) "Sexual relations" refers to a single sexual
act which may or may not result in the
bearing of a common child.
(g) "Safe place or shelter" refers to any home
or institution maintained or managed by the
Department of Social Welfare and
Development (DSWD) or by any other
agency or voluntary organization accredited
by the DSWD for the purposes of this Act or
any other suitable place the resident of which
is willing temporarily to receive the victim.
(h) "Children" refers to those below eighteen
(18) years of age or older but are incapable of
taking care of themselves as defined under
Republic Act No. 7610. As used in this Act, it
includes the biological children of the victim
and other children under her care.
Q: What is Anti-Violence Against
Women and their Children Act
(Anti-VAWC Act) or R.A. 9262?
A: It is a law penalizing acts of violence
against women and their children. These act
includes physical violence, sexual violence,
psychological violence and economic abuse.

These act are punishable even committed

outside the house.
Q: Who are protected by
law?
A: Women and their
children
Q: Who are liable?
A:
1. husbands;
2. former husbands;
3. present and former boyfriend or live-in
partners;
4. those with whom the woman has a common
child;
5. anyone with whom she has/had sexual or
dating relationship.
Q: Can a woman be held
liable for committing
violation RA 9262?
A: Yes!
Women can also be liable. These are lesbian
partners/girlfriend or former partner of the
victim with whom she has or had sexual
relationship
Q: What is sexual
relations?
A: Sexual relations refer to a single act which
may or may not result in the bearing of a
common child.

E.g. prostituted woman can avail the remedy

Q: What are examples of
punishable acts?
A: Economic Abuse

1. not giving adequate financial support to

the wife and or minor children
2. Controlling the conjugal business or
conjugal or community property of the
woman's money
Psychological Abuse
1. Marital infedility
2. Repeated verbal abuse
3. Public Humilition
4. Threatening the woman that she will lose
her child
5. Stalking or following the woman in her
work-place, school or any public or private
place without justification
Physical Abuse

1. Battery(physical abuse)
2. Frustrated parricide
Sexual violence:
1. Causing or attempting to make a woman of
her child to perform sexual acts (that donot
constitute Rape) by use of force, threats,
intimidation directed against the woman, her
child or her immediate family;

2. Prostituting the woman or her child

Q: What is Barangay Protection Order?
A. A protection order is an order issued under this
act for the purpose of preventing further acts of
violence against women or her child. And granting
other relief as may be needed. The relief granted
under a protection order 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 of her life.
The provisions of the protection order shall be
enforced by law enforcement agencies.
Q: Kinds of BPO?
A: The various kinds of protection orders are:
a) Barangay protection order (BPO)
b) Temporary Protection Order (TPO)
c) Permanent Protection Order (PPO)
Q: What are the Duties of barangay Officials
and Law Enforcers
SECTION 30. Duties of Barangay Officials and Law Enforcers. – Barangay officials
and law enforcers shall have the following duties:
(a) 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;
(b) confiscate any deadly weapon in the possession of the perpetrator or within plain
view;
(c) transport or escort the victim/s to a safe place of their choice or to a clinic or
hospital;
(d) assist the victim in removing personal belongs from the house;
(e) assist the barangay officials and other government officers and employees who
respond to a call for help;
(f) ensure the enforcement of the Protection Orders
issued by the Punong Barangy or the courts;
(g) arrest the suspected perpetrator wiithout 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; and
(h) immediately report the call for assessment or
assistance of the DSWD, social Welfare Department of
LGUs or accredited non-government organizations
(NGOs).
Any barangay official or law enforcer who fails to
report the incident shall be liable for a fine not
exceeding Ten Thousand Pesos (P10,000.00) or
whenever applicable criminal, civil or
administrative liability.
SECTION 34. Persons Intervening Exempt from
Liability. – In every case of violence against women
and their children as herein defined, any person,
private individual or police authority or barangay
official who, acting in accordance with law,
responds or intervenes without using violence or
restraint greater than necessary to ensure the
safety of the victim, shall not be liable for any
criminal, civil or administrative liability resulting
therefrom.
SECTION 35. Rights of Victims. – In addition to their rights
under existing laws, victims of violence against women and
their children shall have the following rights:
(a) to be treated with respect and dignity;
(b) to avail of legal assistance form the PAO of the
Department of Justice (DOJ) or any public legal assistance
office;
(c) To be entitled to support services form the DSWD and
LGUs'
(d) To be entitled to all legal remedies and support as
provided for under the Family Code; and
(e) To be informed of their rights and the services available to
them including their right to apply for a protection order.
SECTION 43. Entitled to Leave. – Victims under this
Act shall be entitled to take a paid leave of
absence up to ten (10) days in addition to other
paid leaves under the Labor Code and Civil Service
Rules and Regulations, extendible when the
necessity arises as specified in the protection
order.
SECTION 44. Confidentiality. – All records pertaining to
cases of violence against women and their children
including those in the barangay shall be confidential and
all public officers and employees and public or private
clinics to 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.
Any person who violates this provision shall suffer
the penalty of one (1) year imprisonment and a
fine of not more than Five Hundred Thousand
pesos (P500,000.00).