I.

What is RA9262 or the Anti-Violence Against Women and Their Children Act of 2004?

It is a 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.

What is Violence Against Women and Their Children under RA9262?

It refers to any act or a series of acts committed by an intimate partner (husband, ex-husband,
live-in partner, boyfriend/girlfriend, fiance, who the woman had sexual/dating relationship):

 against a woman who is his wife, former wife;

 against a woman with whom the person has or had a sexual or dating relationship,
 against a women with whom he has a common child;
 against her child whether legitimate or illegitimate within or without the family abode,

Of which results 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.

What are the acts of violence which are covered under R.A. 9262?

R.A. 9262 covers several acts of violence, which are:

 Physical Violence – acts that include bodily or physical harm (battery)

 causing/threatening/attempting to cause physical harm to the woman or her child;

 placing the woman or her child in fear of imminent physical harm

 Sexual Violence – the acts which are sexual in nature committed against a woman or her
child. It includes, but is not limited to:

 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 him or her 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.
 Causing or attempting to make the woman or her child to perform sexual acts
(that do not constitute Rape) by use of force, threats, intimidation directed against
the woman, her child, or her immediate family.
 Prostituting the woman or her child.
 Psychological Violence – Acts or omissions causing or likely to cause mental or
emotional suffering of the victim which includes, but is not limited to the following:
 Controlling or restricting the woman’s or her child’s movement or conduct

 Threatening to or actually depriving the woman or her child of custody or

access to her/his family;
 Depriving or threatening to deprive the woman or her child of a legal
right;

 Causing mental or emotional anguish, public ridicule or humiliation to the woman

or her child, e.g. repeated verbal and emotional abuse, and denial of financial
support or custody or minor children or denial of access to the woman’s
child/children

 Threatening or actually inflicting physical harm on oneself for the purpose of

controlling the woman’s actions or decisions;

 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.

 Causing substantial emotional or psychological distress to the woman or her

child:

 Stalking or following the woman or her child in public or private places;

 Peering in the window or lingering outside the residence or the woman or
her child;
 Entering or remaining in the dwelling or on the property of the woman or
her child against her/his will;
 Destroying the property and personal belongings or inflicting harm to
animals or pets of the woman or her child;
 Engaging in any form of harassment or violence

 Economic Abuse – Acts that make or attempt to make a woman financially dependent
upon her abuser, which includes, but is not limited to the following:

 Preventing the woman 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 73 of the Family Code;
 Controlling the woman’s own money or property; or solely controlling the
conjugal or common money/properties;
 Destroying household property;
Define children as used under R.A. 9262.

“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.

Define dating relationship as used under R.A. 9262.

It is 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.

Define sexual relations as used under R.A. 9262.

It refers to a single sexual act which may or may not result in the bearing of a common child.

Define “Battered Woman Syndrome” as used under R.A. 9262

It refers to a scientifically defined pattern of psychological and behavioral symptoms found in

battered women as a result of a long history of abuse.

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).

Any victim who suffers from BWS should be diagnosed by a Psychiatric expert or a clinical
psychologist. This will also help the victim in obtaining a just decision in her case. The law does
not allow the offender to have custody of minor children. Their care is entrusted to the woman
even if she is found to have BWS.

Who are the persons protected by R.A. 9262?

The law recognizes the unequal relations between a man and a woman in an abusive relationship
where the woman is usually at a disadvantage.

The following are the persons who are protected by R.A. 9262:

 Wife
 Former Wife
 A woman with whom the offender has or had sexual relations with
 A woman with whom the offender has a common child with
 The legitimate or illegitimate child of the woman within or without the family abode
Is VAWC committed by men alone?

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.

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.

What can women and children do under R.A. 9262?

Under the law, the offended party may file a criminal action, or apply for a Protection Order
either as an independent action or as an incident in civil or criminal action and other remedies.

Who may file a complaint under R.A. 9262?

Any citizen having personal knowledge of the circumstances involving the commission of the
crime may file a complaint because violence against women and their children is considered
a PUBLIC crime.

Where should cases for VAWC be filed?

Cases may be filed in the Regional Trial Court designated as FAMILY COURT of the place
where the crime was committed. These courts have original and exclusive jurisdiction over these
cases.

Wat are the 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.

What is the prescriptive period for a complainant to file a complaint?

The criminal complaint may be filed within twenty (20) years from the occurrence or
commission for the following acts:

 Causing physical harm to the woman or her child

 Threatening to cause the woman or her child physical harm
 Attempting to cause the woman or her child physical harm
 Placing the woman or her child in fear of imminent physical harm
 Attempting to compel or compelling the woman or her child to engage in conduct which
the woman or her child has the right to desist from or to desist from conduct which the
woman or her child has the right to engage in, or attempting to restrict or restricting the
woman’s or her child’s freedom of movement or conduct by force or threat of force,
physical or other harm or threat of physical or other harm, or intimidation directed
against the woman or her child. This shall include, but not limited to, the following acts
 committed with the purpose or effect of controlling or restricting the woman’s or her
child’s movement or conduct:

 Threatening to deprive or actually depriving the woman or her child of custody or

access to her/his family
 Depriving or threatening to deprive the woman or her children of financial
support legally due her or her family, or deliberately providing the woman’s
children insufficient financial support
 Depriving or threatening to deprive the woman or her child 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

 Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling
her actions or decisions

 The criminal complaint may be filed within ten (10) years from the occurrence or
commission for the following acts:

 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 directed against the woman or her child or her/his
immediate family

 Engaging in purposeful, knowing, or reckless conduct, personally or through

another that alarms or causes substantial emotional or psychological distress to
the woman or her child. This shall include, but not be limited to the following
acts:

 Stalking or following the woman or her child in public or private places

 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 her/his will
 Destroying the property and personal belongings or inflicting harm to
animals or pets of the woman or her child
 Engaging in any form of harassment or violence

 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 or denial of access to
the woman’s child/children.

What is a protection order?

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.

What are the various kinds of protection orders?

The various kinds of protection orders are:

 Barangay Protection Orders (BPO) refer to the protection order issued by the Punong
Barangayordering the perpetrator to desist from committing acts under Section 5 (a) and
(b) of R.A. 9262. BPO shall be effective for 15 days.

 Temporary Protection Orders (TPO) refers to the protection order issued by the court on
the date of the filing of the application after ex parte determination that such order should
be issued. The court may grant in a TPO any, some or all of the reliefs mentioned in R.A.
9262 and shall be effective for thirty (30) days. The court shall order the immediate
personal service of the TPO on the respondent by the court sheriff who may obtain the
assistance of law enforcement agents for the service.

 Permanent Protection Order (PPO) refers to the protection order issued by the court
after notice and hearing. The court shall not deny the issuance of protection order on the
basis of the lapse of time between the act of violence and the filing of the application.
PPO shall be effective until revoked by the court upon application of the person in whose
favor it was issued.

Where can I apply for a protection order?

Application for a protection may be filed with the appropriate Regional Trial Court/Family Court
or Municipal Court where the petitioner resides in case of Temporary Protection Order (TPO)
and Permanent Protection Order (PPO), respectively. Barangay Protection Order may be applied
for in the Barangay where the applicant resides or in accordance with Section 409 of the Local
Government Code of 1991.

Who may file a Petition for Protection Orders?

A petition for Protection Order may be filed by the following:

 The offended party

 The parents or guardians of the offended party
 The 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 local government units
(LGUs)
 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 (2) concerned responsible citizens of the city or municipality where the
violence against women and their children occurred and who has personal knowledge of
the offense committed

How can I apply for a protection order?

The application of the Protection Order must be in writing, signed and verified under oath by the
applicant. A standard protection order application form, written in English with translation to the
major languages, which is readily available, shall contain the following information:

 Names and addresses of the petitioner and the respondent

 Description of relationships between the petitioner and respondent
 Statement of the circumstances of abuse
 Description of the reliefs requested by the petitioner
 Request for counsel and reasons for such
 Request for waiver of application fees until hearing
 An attestation that there is no pending application for a protection order in another court

What can the woman do if the barangay official failed or refused to issue the BPO within
24 hours from application?

 She can file an administrative complaint against the barangay official for failure to
perform his/her duties. The complaint must be filed with the Sangguniang Panglunsod or
Bayan.
 She can go to the police station to complain against the perpetrator.
 She can go to the Clerk of Court of the Family Court where she lives and request
assistance in filing for a Protection Order.

Where can the protection order be enforced?

The Temporary Protection Order and the Permanent Protection Order are enforceable anywhere
in the Philippines.

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 Sec. 33, R.A. 9262 amended sections 410-413 of the Local Government
Code. The barangay officials, police or social workers should not attempt to mediate or influence
the woman to give up her legal action or application for a BPO, TPO or PPO.

My husband had been cheating on me for over three years now with various women. Is
there a way I can apply VAW in filing a case against him?
The acts of your husband cheating on you have caused you mental and emotional suffering. Such
acts may be a ground for the filing of a VAW case for “psychological violence”.

My boyfriend has been hurting me every time we fight and even threatens to kill me. Can I
file a case against him for VAW?

Yes. Physical violence against the woman as well as threatening to inflict physical harm on a
woman for the purpose of controlling her actions or decisions is deemed as an act of violence
against women.

My ex-husband has stopped giving me and our daughter support since 2009. Can I file a
case against him for VAW?

Yes, you may file a case for VAW against him as his act of withdrawing financial support. His
act of refusing to give financial support to you or your daughter constitutes “Economic Abuse.”

I have been in an abusive relationship for quite some time. Can I file a case against him
considering his abuse was irregular?

Yes, you can file a case against him. A woman who had a sexual or dating relationship with her
assailant and whom the assailant has a common child may file a case against the latter for
physical violence.

I am a lesbian and I have been in an abusive relationship with another woman since 2009.
Can I file a case against her, even though she is a woman?

Acts of violence covered by VAW may be committed by any person with whom the victim has
an intimate relationship with like the woman’s husband, ex-husband, live-in partner, ex-live-in
partner, boyfriend, ex-boyfriend, girlfriend, ex-girlfriend, etc., Thus the offense may be
committed by a man or a woman with whom the victim has or had a sexual relationship with.

I am a husband who has been mentally, verbally and emotionally abused by my wife. Can I
file a case against my wife using VAW?

No. VAWC has been primarily meant for the protection of women and children. It cannot be
used by men to charge their wives or partners. You may file a complaint or case under the
Revised Penal Code.

I have 3 minor children with my husband. I wish to file a case against him. What would be
the impact upon my children, esp. if he asks for custody?
As a victim of violence, you are entitled to the custody of your three children. The woman victim
of violence shall be entitled to the custody and support of her child/children. Children below
seven (7) years old or older with mental or physical disabilities shall automatically be given to
the mother, with right to support, unless the court finds compelling reasons to order otherwise.
(Section 28 of the R.A. 9262).
I’ve been running in fear from my husband for 3 months because he threatened to kill me.
What can I do?

If you have been threatened, you may apply for a Barangay Protection Order (BPO) from the
barangay of your place of residence. The application must be in writing, signed and verified and
it will be effective for fifteen days.

As a Battered Woman, is there a chance I might lose custody of my children?

No, suffering from Battered Woman Syndrome will not automatically disqualify you from
having custody of your children unless the court has some other compelling reasons not to award
custody of the children to you.

If custody of my children is not awarded to me, is there any chance that they might be
given to my husband?

No. VAWC explicitly states that in no case shall the custody of the children will be given to the
perpetrator of the battered woman syndrome

What is the liability of a news reporter covering a pending court case for violation of the
Anti-VAWC Act if he or she includes in the TV report the name and face of the woman,
and other information without her consent?

The reporter can be liable for contempt of court. All records pertaining to cases of VAWC are
confidential. The court may also impose a penalty of one (1) year imprisonment and a fine not
more than Five Hundred Thousand Pesos (P500,000.00)

II.

What is anti-violence against women and children act or republic act no. 9262?

Anti – Violence Against Women and Their Children Act of 2004 or otherwise known as VAWC,
is a law passed in the Philippines for the protection of women and children from violence and to
address violence committed against women and children in keeping with the fundamental
freedoms guaranteed under the Constitution and the Provisions of the Universal Declaration of
Human Rights, among others.

How is violence against women and their children committed as stated under R.A. No.
9262?

The crime of violence against women and their children is committed by means of any or a series
of acts done by any person which result in or is likely to result in:

1. Physical or acts including bodily or physical harm,

2. Sexual violence or any act which is sexual in nature,
3. Psychological harm or to cause mental or emotional suffering, or
4. Economic abuse.

It shall also include threats of such acts, battery, assault, coercion, harassment or arbitrary
deprivation of liberty.

Who are persons protected under R.A. No. 9262?

The following persons are protected under the law:

(a) Wife,
(b) Former wife;
(c) A woman with whom the offender has or had sexual relations or a dating relationship;
(d) A woman with whom the offender has common child with; and
(e) The legitimate or illegitimate child of the woman within or without the family abode.

Does R.A. 9262 prosecute only men?

No, R.A. No. 9262 covers any person with whom the victim had a relationship with. The
coverage for prosecution extends to (a) husband or former husband; (b) man or woman with who
the woman has or had a sexual or dating relationship with; (c) live-in or former live-in partner;
and the man with whom the woman has a child.

What is dating relationship as defined under R.A. No. 9262?

It 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 (Section 3e).

What are the acts of violence against women and their children?

Pursuant to section 5 of R.A. No. 9262, the crime of violence against women and their children
is committed through any of the following acts:

1. Causing physical harm to the woman or her child;

 2. Threatening to cause the woman or her child physical harm;

3. Attempting to cause the woman or her child physical harm;

4. Placing the woman or her child in fear of imminent physical harm;

5. Attempting to control or restrict the woman’s or her child’s movement or conduct;

6. Inflicting or threatening to inflict physical harm on oneself to control her actions;

7. 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 directed against the woman or her child or her/his immediate family;

8. Engaging in purposeful, knowing, or reckless conduct, personally or through another, that

alarms or causes substantial emotional or psychological distress to the woman or her
child. This shall include, but not limited to, the following acts:

 Stalking or following the woman or her child in public or private places;

 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 her/his will;
 Destroying the property and personal belongings or inflicting harm to
animals or pets of the woman or her child; and
 Engaging in any form of harassment or violence;
 Causing mental or emotional anguish, public ridicule or humiliation to
the woman or her child.

What are the reliefs afforded to a victim under R.A. No. 9262?

A woman or her child may either (a) apply for a Protection Order, (b) file a criminal complaint
for violation of R.A. No. 9262, or (c) file a civil action for damages pursuant to section 36.

What are the penalties for the violation of the provisions of R.A. No. 9262?

The following penalties shall be observed for violations of the provision of R.A. 9262:

 For physical violence under Section 5(a), such as parricide, murder or homicide, it shall
be punished in accordance with the Revised Penal Code.
 In case of serious physical injuries, the penalty shall be prision mayor; the penalty of
prision correccional for less serious physical injuries, and arresto mayor for slight
physical injuries.
 For the threatening to cause physical violence under 5(b), it shall be punished by
imprisonment of two 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.
  For acts failing under 5 (c)(d)(f), the penalty shall be arresto mayor.
 For acts failing under 5 (e), the penalty shall be prision correccional.
 For acts falling under 5(g)(h)(i), the penalty shall be prision mayor.

In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than
one hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos
(300,000.00); (b) undergo mandatory psychological counseling or psychiatric treatment and shall
report compliance to the court (Section 6, R.A. 9262).

What is a protection order?

It is an order issued for the purpose of preventing further acts of violence against a woman or her
child and granting other necessary relief. The provisions of the protection order shall be enforced
by law enforcement agencies. The Protection Orders that may be issued are (a) the barangay
protection order (BPO), (b) temporary protection order (TPO) and (c) permanent protection order
(PPO) (Section 8, R.A. No. 9262).

Who may file petition for protection orders?

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

1. The offended party;

2. Parents or guardians of the offended party
3. Ascendants, descendants or collateral relatives within the fourth civil degree of
consanguinity or affinity;
4. Officers or social workers of the DSWD or social workers of local government units
(LGUs);
5. Police officers, preferably those in charge of women and children’s desks;
6. Punong Barangay or Barangay Kagawad;
7. Lawyer, counselor, therapist or healthcare provider of the petitioner;
8. At least two (2) concerned responsible citizens of the city or municipality where the
violence against women and their children occurred and who has personal knowledge of
the offence committed (Section 9, R. A. No. 9262).

How is a barangay protection order (BPO) obtained?

A BPO is issued by filling out an application form which shall be in writing, signed, and verified
under oath by the applicant and submitting it to a Punong Barangay or Barangay Kagawad in his
absence of the place where the woman lives or of the place where the respondent lives, if the
respondent lives in another barangay but in the same city or municipality (Section 10 and Section
15, Rule IV, IRR of R.A. No. 9262). The BPO issued orders the perpetrator to desist from
committing acts under Section 5 (a) and (b) of R.A. 9262. The Punong Barangay or Barangay
Kagawad then shall issue the protection order to the application on the date of filing after ex
parte determination of the basis of the application.

What is the duration of a barangay protection order?

BPOs shall be effective for fifteen (15) days and it cannot be extended. However, the victim is
not precluded from obtaining another BPO.

What is the penalty for violation of a BPO?

Section 21 of R.A. No. 9262 provides that a violation of a BPO shall be punishable by
imprisonment of thirty (30) days without prejudice to any other criminal or civil action that the
offended party may file for any of the acts committed.

How is temporary protection order (TPO) different from a permanent protection order
(PPO)?

A TPO may be obtained by filing a verified petition with the Family Court of the place where the
woman lives and filling out an Application or Petition for Protection Order which shall be in
writing, signed, and verified under oath by the applicant. In the absence of a Family Court, it
may be filed before a Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court in
Cities or Municipal Circuit Coutts of the place where the woman lives. TPO is issued by the
court on the date of filling of the application after ex parte determination that such should be
issued. On the other hand, a PPO is issued after notice and hearing. 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 are enforceable anywhere in the
Philippines.

What is the duration of a temporary protection order?

TPOs shall be effective for 30 days. The court may continuously extend or renew the TPO for a
period of thirty (30) days at each particular time until final judgment is issued. The extended or
renewed TPO may be modified by the court as may be necessary or applicable to address the
needs of the applicant.

Is service of a copy of the protection order to the respondent required?

Yes, R.A. No. 9262 provides that immediately after the issuance of an ex parte BPO, TPO, or
PPO, the respondent shall be personally served a copy of the same.

What is battered woman syndrome?

It refers to a scientifically defined pattern of psychological and behavioral symptoms found in

women living in battering relationships as a result of cumulative abuse (Section 3c, R.A. No.
9262). It is a defense which can be used by victim survivors who really are suffering from the
said syndrome at the commission of crime.
The Battered Woman Syndrome is repeated and cyclical violence against a woman which results
in the “immobilization of the latter’s ability to act decisively in her own interest and making her
eel trapped in a relationship with no means of escape.” (People v. Genosa, G.R. No. 135981. 15
January 2004)