ANTI VIOLENCE AGAINST

WOMEN and
THEIR CHILDREN ACT OF 2004

RA 9262
ATTY. JONNIE L. DABUCO
Commission on Human Rights,
Region VI, Iloilo City

State Policies
The State values the dignity of women and
children and guarantees full respect for
human rights.
The State recognizes the need to protect the
family and its members particularly women
and children from violence and threats to
their personal safety and security

VAWC Defined
any ACT or
series of ACTS
committed by
ANY PERSON
against
a WOMAN who
is his
Wife
former wife

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,
legitimate or
illegitimate, within
or without the family
abode

VAWC Defined
Results in or is
likely to result in
Physical
Sexual
Psychological
harm or
suffering
Economic abuse

Includes
threats thereof
Battery
Assault
Coercion
harassment or
arbitrary deprivation
of liberty

OTHER TERMS DEFINED

BATTERY
an act of infliction
physical harm upon the
woman or her child
resulting to physical
and psychological or
emotional distress

BATTERED WOMAN
SYNDROME (BWS)
A SCIENTIFICALLY
defined pattern
psychological and
behavioural symptoms
resulted from
CUMULATIVE abuse
found in women living in
battering relationships

OTHER TERMS DEFINED

STALKING
an intentional act
committed by a
person
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

SEXUAL RELATION
a single act
may or may not
result in the bearing
of a common child

OTHER TERMS DEFINED

DATING
RELATIONSHIP
parties live as husband
and wife without the
benefit of marriage OR
romantically involved
over time and on a
continuing basis during
the course of the
relationship
casual acquaintance or
ordinary socialization in
a business or social
context not included

CHILDREN
below 18 years old or
OLDER but are
incapable of taking care
of themselves (RA
7610)
includes biological or
adopted children of the
victim and
other children under
her care including
foster children, relatives
or other children who
LIVE with her

VIOLENCE CLASSIFIED
Physical violence
acts that include bodily or physical
harm

Medical Certificate or medico legal

report needed

VIOLENCE CLASSIFIED
SEXUAL
refers to an act which
is sexual in nature
committed against the
woman or her child
includes:
Rape
Sexual harassment
Acts of lasciviousness
Treating a woman or
her child as sexual
objects
Making demeaning or
sexually suggestive
remarks

Physically attacking the

sexual parts of the
victims body
Forcing the victim to
watch obscene
publications and
indecent shows or
forcing the woman or
her child to do indecent
acts
Forcing the wife and
mistress/lover to live
together in the conjugal
home or sleep together
in the same room with
the abuser

VIOLENCE CLASSIFIED
Sexual violence . . .
acts causing or attempting to cause
the victim to engage in any sexual
activity by force, threat of force,
physical or other harm, threat of
physical or other harm, coercion,
and
prostituting the woman or her child

VIOLENCE CLASSIFIED
PSCHOLOGICAL
Acts or omission causing
or likely to cause mental
or emotional suffering to
the victim such as
intimidation
harassment
stalking
damage to property
public ridicule or
humiliation
repeated verbal abuse
marital infidelity

Includes:
causing or allowing the
victim to witness the
physical, sexual or
psychological abuse of a
member if the family to
which the victim belongs
To witness pornography
in any form
To witness abusive
injury to pets or to
unlawful or unwanted
deprivation of the right to
custody and/or visitation
of common children

VIOLENCE CLASSIFIED
ECONOMIC ABUSE
acts that make or attempt to
make a woman financially
dependent,
includes
withdrawal of financial
support
preventing the victim from
engaging in legitimate
profession, occupation,
business or activity except in
cases wherein the other
spouse/partner objects on
valid, serious and moral
grounds as defined in Art. 73
of the Family Code

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
destroying
HOUSEHOLD property
controlling the victims
own money or
properties or solely
controlling the conjugal
money or properties

ACTS OF VIOLENCE
(Sec. 5, RA 9262)

Physical harm:
Causing ( par. a),
threatening to cause (par. b),
attempting to cause (par. c)
placing in fear of imminent (par. d)

Pars. a & b - grounds for BPO

ACTS OF VIOLENCE
(Sec. 5, RA 9262)
Compel or attempt to compel to
engage in conduct which the victim has the
right to desist from or
desist from conduct which the victim has the
right to engage in

Restrict or attempt to restrict

freedom of movement or conduct by force or
threat of force or other harm or threat of
physical or other harm, or intimidation.

ACTS OF VIOLENCE
(Sec. 5, RA 9262)
Acts committed with the
purpose of restricting or
controlling movement or
conduct of the victim:
threatening 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 womans
children insufficient
financial support

depriving of threatening to
deprive the victim of a
legal right
preventing the woman to
engage in legitimate
business or profession or
controlling the victims
own money, or properties,
or solely controlling the
conjugal or common
money or properties.
(Par. 5, e, RA 9262)

ACTS OF VIOLENCE
(Sec. 5, RA 9262)
Inflicting or
threatening to inflict
physical harm on
oneself for the purpose
of controlling the
victims actions or
decisions (par. f)

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 or force,
physical harm, or
through intimidation
directed against the
woman or her child or
her/his immediate
family (par. g)

ACTS OF VIOLENCE
(Sec. 5, RA 9262)
Engaging in
purposeful, knowing,
or reckless conduct
personally or through
another, that alarms or
causes substantial
emotional or
psychological distress
includes:
Stalking or following
the victim in public or
private places
Peering in the window
or lingering outside the
residence of the victim

Entering or remaining
in the dwelling or
property of the victim
against her/his will
Destroying the
property and personal
belongings or inflicting
physical harm to
animals or pets of the
victim
Engaging in any form
or harassment or
violence
(par. h)

ACTS OF VIOLENCE
(Sec. 5, RA 9262)
Causing the woman or her child
mental anguish
public ridicule
humiliation

including:
Repeated verbal and emotional abuse
Denial of financial support or custody of minor
children
Denial of access to the womans child/children
(par. i)

RA 9262
Nature
public offence

Prosecuted upon
Criminal complaint
any citizen
personal
knowledge of
circumstances
involving the
commission of the
crime

Venue
RTC designated as
Family Court or
In the absence of
FC, RTC where the
crime or any of its
elements was
committed at the
option of the
complainant

REMEDIES
and

RELIEF/s

PROTECTION ORDER
Ancillary or
independent of
complaint for RA 9262
Issued by the
barangay or the court
Purpose of the Order
Prevent further acts
of violence against
the woman or her
child
Grant other
necessary reliefs

Purpose of relief/s
granted under PO:
Safeguard the
victim from further
harm
Minimize disruption
in victims daily life
facilitate the
opportunity and
ability to
independently
regain control over
life

WHO MAY FILE for PO

Offended party
Parents or guardians of
the offended party
Ascendants,
descendants or
collateral relatives within
the 4th civil degree of
consanguinity or affinity
Officers or social
workers of the DSWD or
social workers of LGUs
Police officers,
preferably in charge of
women and childrens
desk

Punong barangay or
Brgy. Kagawad
Lawyer, counsellor,
therapist or healthcare
provider of the
petitioner
at least two (2)
concerned responsible
citizens of the place
where the violence
occurred and who has
personal knowledge of
the offence committed

KINDS OF POs
Issued by the barangay
Barangay Protection Order (BPO)

Issued by the courts

Temporary Protection Order (TPO)
Permanent Protection Order (PPO)

GROUNDS and RELIEF/s

Barangay Protection Order (BPO)
GROUNDS for
issuance:
1. causing
physical harm
to the woman
or her child
2. threatening to
cause the
woman or her
child physical
harm

RELIEFS under BPO

1. Prohibit the respondent
from threatening to
commit or committing
personally or through
another, any of the acts
mentioned in Sec. 5 (a)
and (b) of RA 9262
2. Prohibit the respondent
from harassing,
annoying, telephoning,
contacting or otherwise
communicating with the
victim-survivor, directly
or indirectly

PROCEDURE for ISSUANCE

(BPO)
1. Applicationa.
b.
c.

d.

in writing
signed by the
victim-survivor
attested before
the PB having
jurisdiction over
the application
Victim survivor to
be assisted by the
PB or Kgwd

2. Issuance
a.

b.

Ex-parte, without
notice and hearing
to respondent
Issued on the
same day of
application
immediately upon
conclusion of exparte proceedings

PROCEDURE for ISSUANCE

(BPO)
Cont. Issuance
c. issued by PB or
kgwd.
d. victim may be
assisted by nonlawyer
e. Prohibition against
conciliation or
mediation, compromise
or influence to
abandon the relief
sought

3. Service

a. Personal service
upon the
respondent by the PB,
Kgwd. or any brgy
official
b. deemed served upon
receipt by the
respondent or any adult
in said address
c. In case of refusal,
deemed served upon
leaving a copy in the
presence of at least 2
witnesses

Assistance to victim-survivor
at the barangay level
May be assisted by
non-lawyer in the
proceedings before
the PB
Within 24 hrs. after
BPO is issued, PB or
any Kgwd shall assist
in filing for an
application for a TPO
or PPO, with the
nearest court in the
residence of the victim

When there is no FC,

application may be
filed with any lower
court
Indigent victim-brgy to
ensure transportation
and other expenses in
filing for an application
for a protection order
with the courts

WHERE TO APPLY FOR BPO

Barangay where
victim-survivor (VS) or
petitioner is located or
resides
Parties reside in
different municipalities
or cities, PB or Kgwd
where victim-survivor
resides shall assist
VS/applicant in filling
an application for PO
from the courts within
2 hrs. from the request

PLACE OF
RESIDENCE or
LOCATION of VS
Place where the VS
temporarily resides
Where she sought
refuge/sanctuary to
escape from and
avoid continuing
violence from the
respondent

BPO
Effectivity 15 days
Free of charge
Enforceable within
the brgy. that issued
the same
Issuance of BPO shall
not preclude
application or grant of
TPO or PPO;
When TPO granted,
BPO no longer
available

Violation: punishable by
imprisonment of 30 days
without prejudice to any
other criminal or civil
action filed by offended
party for any of the
act/acts committed
Complaint for violation of
BPO filed by the brgy
officials with MTC,
MCTC that has territorial
jurisdiction over the
barangay that issued the
BPO

POs issued by the Court

TPO
Issued on the same
day of application
Ex-parte
Effective 30 days
Immediate personal
service on
respondent
With notice of date
of hearing for PPO

PPO
Issued after notice
and hearing
Effective until
revoked
No postponement
Conduct hearing on
the merits of
issuance of PPO in 1
day
If not possible, court
to extend TPO until
final judgment issued

POs issued by the Court

How to apply
Application in writing,
signed & verified
under oath
If applicant is not VS,
application
accompanied by an
affidavit of the
applicant attesting to
circumstances of
the abuse
consent by the VS

When disclosure of
address will
endanger life,
applicant must
attest that VS is
residing in the
place where the
court has territorial
jurisdiction and
provide a mailing
address for service
of court processes

POs issued by the Court

TPO/PPO
May be filed as independent action or
incidental relief in any civil or criminal
case the subject matter or issues thereof
partake of violence as described in this
Act
Application for PO-considered an
application for both TPO and PPO
Brgy. Officials and court personnel to
assist in preparation of the application

POs issued by the Court

Venue
Family Court or
RTC & other lower
courts in the place of
residence of
petitioner
Residence:
Actual
temporary
place of refuge or
sanctuary

Enforceability
TPO and PPO
Anywhere in the
Philippines
Violation: fine
ranging from
P5,000.00 to
P50,000.00 and/or
Six (60 months
imprisonment

POs issued by the Court

Violation TPO/PPO
Contempt of court
Punishable under Rule 71, RC
Without prejudice to any criminal or civil
action that the offended party may filed
for any of the acts committed

Reliefs granted under TPO/PPO

Prohibition from
threatening to
commit or
committing
personally or
through another,
any of the acts
mentioned in Sec.
5 of this Act

Prohibition from
Harassing
Annoying
Telephoning
contacting or
otherwise
communicating with
the petitioner,
directly or indirectly

Reliefs granted under TPO/PPO

Removal and
exclusion from
residence of the
petitioner
regardless of
ownership of the
residence
Temporarily for the
purpose of protecting
the petitioner or
Permanently where no
property rights are
violated and

If respondent must
remove personal
effects from the
residence, court shall
direct a law
enforcement officer to
accompany the
respondent, remain
there until respondent
has gathered his/her
things and escort
respondent from the
residence.

Reliefs granted under TPO/PPO

Directing respondent to stay away from
Petitioner and
Any designated family or
Household member

at a distance specified by the court and to

stay away from
The residence
School, place of employment or
Any specified place frequented by the petitioner
and any designated family or household
member

Reliefs granted under TPO/PPO

Directing
Lawful possession and use by the petitioner
of an automobile and other personal effects,
regardless of ownership, and
The appropriate law enforcement officer to
accompany the petitioner to the residence of
the parties to ensure that she is safely restored
to the possession of the automobile and other
personal effects, or
To supervise the petitioners or respondents
removal of personal belongings

Reliefs granted under TPO/PPO

Directing the
respondent to
Provide support to the
woman and/or her child
if entitled to legal
support.

Notwithstanding other
laws to the contrary
the court shall order
An appropriate
percentage of the
income or salary of the
respondent to be
withheld regularly by
the employer and

To automatically remit
the same directly to the
petitioner

Failure by the
respondent or
employer to
remit and/or
Withhold or
Any delay in the
remittance of support to
the woman and/or her
child/children without
justifiable cause
Liable for indirect
contempt of court

Reliefs granted under TPO/PPO

Prohibition of the respondent from
Any use or possession of any firearm or deadly
weapon and
Order him/her to surrender the same to the
court for appropriate disposition by the court,
including
Revocation of license and
Disqualification to apply for any license to use or
possess a firearm.

Respondent- law enforcement agentCourt to order the surrender of the firearm and
Direct the appropriate authority to investigate the
offender and
Take appropriate action on the matter

Reliefs granted under TPO/PPO

Grant
temporary or
permanent custody
of a child/children
to the petitioner

Restitution
Actual damages
caused by the
violence inflicted,
including but not
limited to
Property damage
Medical expenses
Children expenses
and
Loss of income

Reliefs granted under TPO/PPO

Directing
DSWD or
Any appropriate
agency
To provide petitioner
temporary shelter
and
other social
services that the
petitioner may need

Provision of other
forms of relief as the
court deems
necessary to protect
and provide for the
safety of the petitioner
and any designated
family or household
member, provided
they consent to such
reliefs

Prohibited Acts
A Punong Brgy., Kgwd.
or the Court hearing an
application for PO shall
not
Order
Direct
force or
in any way unduly
influence
the applicant to
compromise or abandon
any of the reliefs sought
under this Act

Law enforcers and

other government
personnel shall not
mediate or
conciliate or
influence

the victim/applicant to
compromise or
abandon the relief
sought
Administrative Liability

Legal Protection for concerned

individuals
Persons intervening exempt from liability
In every case of VAWC as herein defined,
any person
private individual or
police authority or
barangay official

acting in accordance with law, responds or

intervenes without using violence or restraint
greater than necessary to ensure the safety of
the VS,
not be liable for any criminal, civil or
administrative liability resulting therefrom

Legal Protection for concerned

individuals
Any Person includes
NGO workers
POs
Church
civic and
other groups,

Filipino citizens or
foreigners
free from criminal or
civil liability
acting in accordance
with law in responding
to a call for help or
when assisting the VS.

Service Providers
In all cases, the
privacy and identity
as well as the
locations of service
providers, including
NGOs and Pos
shall not be
disclosed by any
person who has
knowledge of the
VAWC cases

Legal remedies for VAWC-VS

Battered Woman Syndrome (BWS) as a
defenseVS who are found by the courts to be suffering
from BWS do not incur criminal and civil liability
notwithstanding the absence of any of the
elements for justifying circumstances of selfdefense under the RPC
In the determination of the state of minds of the
woman who was suffering from BWS at the
time of the commission of the crime, the courts
shall; be assisted by expert
psychiatrists/psychologists.

Legal remedies for VAWC-VS

Prohibited defense
Being under the influence of alcohol
Any illicit drug or
Minds altering substance

Not a defense under the Act

Legal remedies for VAWC-VS

Custody of children
The woman shall be entitled to the custody and
support of her child/children. Children below 7
years old or older but with mental or physical
disabilities shall automatically be given to the
mother, with right to support, unless the court
finds compelling reason to order otherwise.
A VS who is suffering from BWS shall not be
disqualified from having custody of her children.
In ni case shall custody of the minor children be
given to the perpetrator of violence against a
woman suffering from BWS.

Legal remedies for VAWC-VS

Damages
Any VS of vilence
under this Act shall be
entitled to actual,
moral, compensatory
and exemplary
damages
Civil action deemed
instituted with criminal
action unless an
independent civil action
for damages is filed

Hold Departure OrderCounsel for VS or

applicant may request
the court for a hold
departure order in the
application or petition
for PO.
Court to expedite the
process of issuance of
hold departure order in
cases prosecuted
under the Act

Legal remedies for VAWC-VS

Exemption from payment of docket
fees and other expenses
If the VS is an indigent or there is an
immediate necessity due to imminent
danger or threat of danger to act on an
application for a PO, the court shall
accept the application without payment
of the filing fee and other fees and of the
transcript of stenographic notes

Confidentiality
Law enforcement
officials, prosecution,
judges, court
personnel and medical
practitioners as well as
parties to the case
shall recognize the
right to privacy of the
VS during
Investigation
prosecution and
trial of an offence under
the Act

Law enforcement
officers and
prosecutors
Conduct closed-door
investigation
Media not allowed to
have access to any
information regarding
the VS.

Adult victim has

choice to go public or
speak with the media,
preferably with the
assistance of counsel

Confidentiality
Barangay officials, law
enforcers, prosecutors
and court personnel
Not disclose names
and personal
circumstances of the
VS or complainants or
Other information
tending to establish
their identities to the
media or the public or
Compromise her
identity

Unlawful for any

person utilizing trimedia or information
technology to cause
publicity of the name
or identity of the VS or
complainant without
her consent.
Identities of children
shall not be disclosed
to the public without
conformity of the city
or provincial DSWD

Violation of confidentiality

Imprisonment of one (1) year

and
Fine of not more than Five Hundred
Thousand (P500,000.00) Pesos

I GOT FLOWERS TODAY

I got flowers today. It wasn't my birthday or any
other special day. We had our first argument
last night. He said a lot of cruel things that really
hurt me. I know he was sorry and didn't mean
the things he said. Because I got flowers today.

I got flowers today. It wasn't our

anniversary or any other special day.
Last night, he threw me into a wall and
started to choke me. It seemed like a
nightmare. I couldn't believe it was real.
I woke up this morning sore and bruised
all over. I know he must be sorry
Because he sent me flowers today.

I got flowers today. It wasn't Mother's Day

or any other special day. Last night, he
beat me up again. And it was much worse
than all other times. If I leave him, what
will I do? How will I take care of my kids?
What about money? I' m afraid of him and
scared to leave. But I know he must be
sorry Because he sent me flowers today.

I got flowers today. Today was a very

special day. It was the day of my
funeral. Last night he finally killed me.
He beat me to death.
If only I had gathered enough
courage and strength to leave him, I
would not have gotten flowers today.

THANK YOU VERY MUCH!