The Anti-VAWCA is a result of nine years of advocacy of victim-

survivors, women’s rights and human rights advocates, non-government

organizations, and government organizations led by the National
Commission on the Role of Filipino Women. This law is also in compliance
with the obligations of the Government of the Philippines under the
Convention on the Elimination of Discrimination Against Women (CEDAW)
which the Senate ratified in 1981.

Who are protected; who are liable

As defined in Section 3, violence against women and their children

refers to “any act or 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 law protects women and their children only and does not include
men. It also protects women who are or were in lesbian relationships. The
important elements that must be present are
a) any of the punishable acts under Section 5, and
b) the woman is or was married to the offender or has a common
child with him, or she has or had a sexual or dating relationship with the
offender. Since sexual relations refer to a single act, even prostituted women
or those who bore the child of their rapists can avail of the remedies under
the law.

Children of battered women are protected under the law, which

expands the definition of “children” as those below eighteen (18) years of
age or older but are incapable of taking care of themselves as defined under
Republic Act No. 7610 and includes not only the biological children of the
victim but also other children under her care.

Punishable acts

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 Among the punishable acts under Section 5 are:
a) causing, attempting or threatening physical harm to the woman or
her child;
b) placing the woman or her child in fear of imminent physical harm,
c) acts committed with the purpose or effect of controlling or restricting the
woman’s or her child’s movement or conduct such as threatening to deprive
or actually depriving the woman or her child of custody to her/his family; or
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; or 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;
d) inflicting or threatening to inflict physical harm on oneself for the
purpose of controlling her actions or decisions;
e) 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;
f) stalking,
g) 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.

The other salient features of this law are:

a) physical injuries are punishable by one degree higher than the

penalties under the Revised Penal Code;
b) marital infidelity, as well as acts or omissions causing or likely to
caus suffering such as repeated verbal abuse or humiliation fall under
psychological violence;
c) economic abuse is now a crime, or those acts that make or attempt
to make a woman financially dependent which includes, withdrawal of
financial support, preventing the victim from engaging in any legitimate
profession, occupation, business or activity, deprivation or threat of
deprivation of financial resources, destroying household property and
controlling the victim’s own money or property or the conjugal money or
property; and

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 d) battered woman syndrome is a justifying circumstance. The latter
is a major improvement from the ruling in People vs. Genosa, where the
Supreme Court held that battered wife syndrome is a mitigating
circumstance, which entitles the accused to a reduction of the penalty.

Remedies

The remedies available to the victims are

a) a Barangay Protection Order,
b) civil action or petition for Temporary and/or Permanent Protection Order
and
c) criminal action for violation of R.A.9262.

A Barangay Protection Order (BPO) refers to order issued by the

Punong Barangay or when he or she is unavailable, by any kagawad,
ordering the perpetrator to desist from committing physical harm or threat of
physical harm against the victim. It is effective for fifteen (15) days and is
not extendible.

A Protection Order is defined in Section 8, it is “an order issued under

this Act for the purpose of preventing further acts of violence against a
woman or her child and granting other necessary relief. The relief granted
under a protection order should 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 over her life.” The acts referred to in Section 8 are all the punishable
acts under Section 5 of the law, unlike a BPO, which covers only physical
harm or threat of physical harm. The venue for Protection Orders is the
Family Court where the woman resides, or if there is no Family Court, in the
Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court or
Municipal Circuit Court. The venue for criminal actions is The Regional
Trial Court designated as a Family Court. In the absence of such court in the
place where the offense was committed, the case shall be filed in the
Regional Trial Court where the crime or any of its elements was committed
at the option of the compliant.
Thus, the victim can file a Petition for Temporary and Permanent
Protection Order and the court must issue a Temporary Protection Order
(TPO) on the same day that the petition was filed, after an ex parte

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determination, without notice to the respondent. After the respondent is
given time to answer, adversarial hearings will be conducted without delay.
The TPO is effective for 30 days, extendible until a decision is rendered on
whether the Protection Order should be made permanent or not.

A TPO grants the woman or her child immediate or emergency relief

and includes an order for the respondent to: a) stay away from the petitioner
and designated places; b) leave the residence regardless of ownership; c)
deliver to the petitioner a vehicle, e) surrender firearms; and f) put up a bond
to keep the peace. In the case of Martel vs. Martel, the TPO ordered the
respondent to put up a cash1 bond of Ten Million Pesos and gave temporary
custody and support of minor children to the petitioner as well as support for
her.

Problem Areas
1. LACK OF GENDER responsive judges; judges who continue to believe
that the anti-VAWC is unfair tmen and is unconstitutional (actually
marami paa kasing judges and even lawyers na perpetrators) �
2. Gross ignorance of the law _judges and other law enforcers
_victims (large number of vaw victims
belong to the poor

3. Inadequate legal aid and legal education

4. Inadequate fund for shelter and other support services

Violence against women and human development (N. Kabeer, 2014)

VAW; a challenge for sustainable human development. UNDH)

-Infringes women’s fundamental right to bodily integrity and freedom from

fear, jeopardizes their basic human capabilities, and, as a result undermines
their ability to participate as full citizens in the economic, political and
social life of their community. (Re sa human capital) these costs do not fall
on women alone, but also to their families, and beyond the wider society.
They are a major barrier to the goal on equitable Nd sustainable human
devt.

1 The Court of Appeals issued a Temporary Restraining Order and modified the cash bond to surety bond.

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-para specific pede nyo ilagay ung term na “second generational effect” idk
kung saan ko nabasa yan nuon.