What is RA 9262?

RA 9262 is the Anti-Violence Against Women and Their Children Act

of 2004. It seeks to address the prevalence of violence against
women and children (VAWC), abuses on women and their children
by their partners like:
1. Husband or ex-husband
2. Live-in partner or ex-live in partner
3. Boyfriend/girlfriend or ex-boyfriend/ex-girlfriend
4. Dating partner or ex-dating partner
The law was signed on March 8, 2004 by GMA and took effect on
March 27, 2004
What is the ratio/purpose of the Act?
SECTION 2. Declaration of Policy.- It is hereby declared that the
State values the dignity of women and children and guarantees full
respect for human rights. The State also recognizes the need to
protect the family and its members particularly women and
children, from violence and threats to their personal safety and
security.
Towards this end, the State shall exert efforts 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, the
convention on the Elimination of all forms of discrimination Against
Women, Convention on the Rights of the Child and other
international human rights instruments of which the Philippines is a
party.
What is VAWC under the law?
It 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.
The Act classifies VAWC as a public crime, hence, person/s other
than the victim may file a case
What are the acts considered as violence against women
and children?
1.
2.
3.
4.

Physical violence
Sexual violence
Psychological violence
Economic abuse

Physical Violence refers to acts that inflict bodily of physical

harm
Ex. Battery (Physical injuries)
Sexual Violence refers to an act which is sexual in nature,
committed against a woman or her child.
Ex. 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 victims 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;
- 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;
- Prostituting the woman or her child.
Psychological Violence refers to acts or omissions causing or
likely to cause mental or emotional suffering of the victim
Ex. intimidation, harassment, stalking, public ridicule or
humiliation, repeated verbal abuse and marital 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.
- Stalking or following a woman in her work-place, school or any
public or private place without justification.
Economic abuse refers to acts that make or attempt to make a
woman financially dependent.
Ex. 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 73 of the
Family Code;

Those with whom the woman has a common child; or

Anyone whom she had sexual or dating relationship
Sexual relations may refer to a single sexual act which
may or may not result into the bearing of a common
child.

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. (Source: Barangay
Protection Order RA 9262: A Primer. Department of Interior and
Local Government, National Barangay Operations Office, 2004.)

What if the male spouse/partner complains about abuses

committed by his wife/partner?

-Deprivation or threat of deprivation of financial resources and the

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

He may file a complaint or case under the Revised Penal Code.

- Destroying household property;

What are the penalties for committing VAWC?

- Controlling the victims own money or properties or solely

controlling the conjugal money or properties.

Who are protected by the law?

-

Woman and her children

Children means the children of the abused woman, below
18 years old and above who are incapable of taking care of
themselves, including children who are not her biological
children but who are under her care

Who may be held liable?

-

Husband or ex-husband
Live-in partner
or
ex live-in partner/boyfriend or exboyfriend

If the courts have proven that the offender is guilty of the crime, he
may be imprisoned and will be obliged to pay P100,000 to P300,
000 in damages. The length of imprisonment depends on the
gravity of the crime.
What are the remedies for the victim?
She and/or her children can request for:
-

Brgy. Protection Order (BPO) = 15 days

Temporary Protection Order (TPO) = 30days
Permanent Protection order (PPO)
File a criminal action for violation of RA 9262

What is a Protection Order?

A protection order is an order issued under the Act for the purpose
of preventing further acts of violence against a woman or her
children

Who may file/ apply for protection order?

-the offended party; parents or guardians of the offended party;
ascendants; descendants or collateral relatives within the 4 th civil
degree of consanguinity or affinity; social workers of DSWD or
LGUs; police officers; Punong Brgy or Kagawads; lawyer; counselor;
therapist; health care provider of the victim or 2 citizens of the city
who have the personal knowledge of the commission of the crime.

Implementation/ Effectiveness
The Inter-Agency Council on Violence Against Women and Their
Children (IACVAWC) was created by virtue of Republic Act No. 9262
(Anti-Violence Against Women and Their Children Act of 2004). To
ensure the effective implementation of the law, twelve (12)
agencies specifically tasked to formulate programs and projects to
eliminate VAW based on their respective mandates, develop
capability programs for their employees to become more sensitive
to the needs of their clients, and to monitor all VAW initiatives were
convened to form the Council
-

Department of Social Welfare and Development (DSWD)

Department of the Interior and Local Government (DILG)
Civil Service Commission (CSC), Commission on Human
Rights (CHR)
Philippine Commission on Women (PCW)
Department of Justice (DOJ)
Department of Health (DOH)
Department of Education (DepEd)
Department of Labor and Employment (DOLE)
Philippine National Police (PNP)
Council for the Welfare of Children (CWC)
National Bureau of Investigation (NBI)

Objectives of IACVAWC

Provide holistic, integrated and sustained programs and

services for the protection of the rights and welfare of VAWC
victim-survivors,

Ensure the effective implementation of the Law through the

establishment of efficient systems and mechanisms in
government and capacitating service providers,

Assist in the rehabilitation of perpetrators and prevention of

future VAWC acts, and

Develop community-based mechanisms and programs to

address issues of VAWC, including the care and support of

victims and their children, as well as the non-tolerance of all

forms of VAWC.
The Supreme Court in the People v. Marivic Genosa held that
BWS is characterized by the so-called cycle of violence, which
has three phases:
(1) the tension-building phase;
(2) the acute battering incident; and
(3) the tranquil, loving (or, at least, non-violent) phase.
In the first phase, minor battering occurs which could be verbal or
slight physical abuse or another form of hostile behavior. In the
second phase, brutality, destructiveness and, sometimes, death
occurs. In the last phase, the couple experience profound relief.

The VAWC or R.A. No. 9262 is meritorious in introducing the

concept of a Battered Woman Syndrome as a defense on the side
of the victim-survivor who has intentionally or unintentionally
murdered the abuser. It protects the victim-survivor by
extinguishing her criminal and civil liability. On Sec. 26 of R.A.
9262, victim-survivors who are found by the courts to be suffering
from battered woman syndrome do not incur any criminal and civil
liability notwithstanding the absence of any of the elements for
justifying circumstances of self-defense under the Revised Penal
Code. Hence, under R.A. 9262, even if the elements of selfdefense are not present, a woman suffering from the said
syndrome shall not be criminally and civilly liable. BWS becomes a
justifying circumstance that can acquit the accused woman. In
effect, this gives a very broad protection for the woman suffering
from BWS. However, expert psychiatrists/psychologists must attest
with proper examination and documentation that the victim is
indeed suffering from Battered Woman Syndrome.
The concept of battered woman only applies to wives or women
who are in any form of dating or intimate relationship with men.
Despite the interesting development of the concept of BWS in
Philippine laws, its application to prevailing circumstances has yet
to be observed and tested.