Republic Act 9262

Anti- Violence Against Women and

their Children Act of 2004
Salient Features of R.A. 9262

 Domestic Violence is the most prevalent and

incapacitating form of violence against
women. This form of violence was not made a
crime until 2004

 The law recognizes that it is primarily women

and children that are the victims of family
violence or violence by intimate partners of
women.
Salient Features of R.A. 9262
 Recognizes that the violence against women
can not be only physical but also
psychological, sexual and/or economic.

 Provides for Protection Order temporarily or

permanently removing the abuser from the
family abode. In this way, women and their
children’s lives, livelihood or schooling are not
interrupted and a measure of stability is
insured
What is VAWC?
any act committed by any person (male or
female) against:
 wife/former wife,
 woman with whom the abuser has or had a sexual
/dating relationship,
 woman with whom the abuser has a common child
(woman’s child, whether legitimate or illegitimate)
- Or against her child

 the acts are committed within or outside the

family residence
Violent Acts result in:

 Physical abuse  Battery

 Sexual abuse  Assault
 Psychological harm  Coercion
or suffering  Harassment
 Economic abuse  Deprivation of
 Including liberty
THREATS of such
acts
ABUSER vs. VICTIM in R.A. 9262

 Who are LIABLE? (Abuser)

 ANY PERSON, whether male or female

 Husband, ex-husband
 Boyfriend or ex-boyfriend

 Father of the woman’s child

 Lesbian girlfriends/partners or ex-partners

 Any person with whom the woman has/had a

sexual or dating relationship
ABUSER vs. VICTIM in R.A. 9262

Who are considered VICTIMS?

- WOMEN and their CHILDREN
 Wife or former wife
 Woman who has had a sexual/dating
relationship (girlfriend or live-in partner)
 Woman with whom the abuser has a common
child, regardless whether the child is legitimate
or illegitimate
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
 This is because violence against women
and their children is considered a
PUBLIC CRIME
Reliefs under R.A 9262

 Protection Orders – BPO; TPO; PPO

A Protection Order is issued to

prevent further acts of violence
against a woman and her child and
grants other necessary reliefs.
Reliefs under R.A 9262

 Barangay Protection Order (BPO)

 abuser to desist from causing

physical harm or threatening to
cause physical harm to the woman
and her child
 Valid for 15 days and renewable;
enforceable within the barangay
issued
Reliefs: Protection Orders

 Temporary Protection Order (TPO)

 issued by the Family Court (RTC)

upon filing of the petition, after ex-
parte determination by the court of
the evidence of the petitioner/victim
 Valid for 30 days and renewable;
enforceable anywhere in the
Philippines
Reliefs: Protection Orders

 Permanent Protection Order (PPO)

 issued by the Family Court (RTC)

after due notice and hearing
 valid unless revoked by the court
and enforceable anywhere in the
Philippines
Duties of BRGY Officials

 Respond immediately to call for help

 Issue Barangay Protection Order
 Escort victim to safe place if needed,
help remove personal effects
 Report to DSWD, PNP women’s desk
 Personally serve BPO
 If needed, file complaint for violation of
BPO
Section 34. Persons Intervening
Exempt from Liability.

 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
 not be liable for any criminal, civil or
administrative liability