Anti-Violence Against Women and Children
(RA 9262)
BACKGROUND
The Anti-VAWC Act of 2004 was enacted
under the 12th Congress and took effect on
March 27, 2004
RA 9262 An Act Defining Violence Against
Women and their Children, Providing for
Protective Measures for Victims, Prescribing
Penalties Therefore, and for Other Purposes
The Act is in consonance with the 1987
Constitution, particularly with those
constitutional provisions pertaining to equality
between men and women, and recognizing
the youth as a vital sector of society
OUTLINE:
That legal definition of VAWC
Penalized acts under VAWC
Definitions
Violence against women and their children
The Act defines VAWC as 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 acts of VAWC referred to in the Act
include:
o Physical violence bodily or
physical harm
o Sexual violence rape, sexual
harassment, 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
Sexual violence as defined in the Act
also includes prostituting the woman
or child.
o Psychological violence acts or
omissions likely to cause mental or
emotional suffering of the victim
o Economic abuse acts that make or
attempt to make a woman financially
dependent
o Dating Relationship
o 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.
o Sexual Relations
o Refers to a single sexual act which
may or may not result in the bearing
of a common child
Statutory Construction: liberally construed to
promote the protection and safety of victims
Main Elements:
Violence
Relationship
Acts Punished
A. Causing the woman or her child physical
harm
B. Threatening to cause the woman or her child
physical harm
C. Attempting to cause the woman or her child
physical harm
 D. Placing the woman or her child in fear of
imminent physical harm
E. 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 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 child.
F. Inflicting or threatening to inflict physical
harm on oneself for the purpose of
controlling her actions or decisions;
G. 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;
H. 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;
I. 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.
Penalties Imposed
A. Acts falling under Section 5(a) constituting
attempted, frustrated or consummated
parricide or murder or homicide shall be
punished in accordance with the provisions of
the Revised Penal Code.
If these acts resulted in mutilation, it shall be
punishable in accordance with the Revised
Penal Code; those constituting serious
physical injuries shall have the penalty of
prision mayor; those constituting less serious
physical injuries shall be punished by prision
correccional; and those constituting slight
physical injuries shall be punished by arresto
mayor.
Acts falling under Section 5(b) 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.
B. Acts falling under Section 5(c) and 5(d) shall
be punished by arresto mayor;
C. Acts falling under Section 5(e) shall be
punished by prision correccional;
D. Acts falling under Section 5(f) shall be
punished by arresto mayor;
E. Acts falling under Section 5(g) shall be
punished by prision mayor;
F. Acts falling under Section 5(h) and Section
5(i) shall be punished by prision mayor.
If the acts are committed while the woman or child is
pregnant or committed in the presence of her child, the
penalty to be applied shall be the maximum period of
penalty prescribed in the section.
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.
Who are liable
1. Husband/ex-husband
2. Boyfriend/ex-boyfriend
3. Father of the womans child
4. Lesbian girlfriend/ex-girlfriend
5. Any person whom the woman
has/had a sexual or dating
relationship with
Protection Orders
1. Barangay Protection Order - issued by the
Punong Barangay ordering the perpetrator to
desist from committing acts under Section 5
(a) and (b) of this Act.
2. Temporary Protection Order - issued by the court
on the date of filing of the application after ex
parte determination that such order should be
issued.
3. Permanent Protection Order - protection order
issued by the court after notice and hearing.
Who may file?
o The offended party
o Parents or guardians of the offended
party;
o Ascendants, descendants or
collateral relatives of the offended
party within the fourth civil degree
of consanguinity or affinity;
o Officers or social workers of the
DSWD or social workers of local
government units LGUs;
o Police officers, preferably those in
charge of women and children's
desks;
o Punong Barangay or Barangay
Kagawad;
o Lawyer, counselor, therapist or
healthcare provider of the petitioner;
or
o At least two concerned, responsible
citizens of the place where the
violence against women and their
children occurred and who have
personal knowledge of the offense
committed.
Implementing Rules and Regulations
o The Barangay Officer may arrest
the perpetrator even without a
warrant when any of the acts of
violence is occurring, or when said
barangay official has personal
knowledge that any act of abuse has
just been committed, and in the
presence of imminent danger to the
life or limb of the victim-survivor.
The barangay official shall confiscate
any deadly weapon in the possession
of the perpetrator or within plain
view. [Rule VIII, Sec. 47 (d)]
o Likewise, the PNP-CWD Officer
shall have the duty to arrest the
perpetrator even without the
strength of a warrant, provided the
offender shall be proceeded in
accordance with Section 5, Rule 113
of the Rules of Court. [Rule VIII,
Sec. 47(k)]
RA 9262 AND OTHER LAWS
Family Code Reliefs may be granted even in
the absence of decree of legal separation,
declaration of absolute nullity of marriage, or
annulment
o In legal separation cases where acts
of violence under RA 9262 are
alleged, Art. 58 of the Family Code
shall not apply
o Woman with BWS shall not be
disqualified from having custody of
the child. In no cases shall custody
be granted to perpetrator of a
woman suffering from. (Sec. 28, RA
9262)
o Notwithstanding others laws to the
contrary, the court shall order that a
percentage of the income of the
respondent be withheld to be
remitted directly to the woman (Sec.
8 (g), RA 9262)
Local Government Code Secs. 410-413,
providing procedures for amicable settlement
of disputes, do not apply in proceedings
where relief is sought under RA 9262.
Revised Penal Code Victim-survivors who
are found by the court to be suffering from
BWS do not incur criminal or civil liability
notwithstanding the absence of any of the
elements for justifying circumstances of self-
defense (Sec. 26, RA 9262)
o Being under the influence of alcohol,
illicit drugs, or mind-altering
 substances are prohibited defenses
(Sec. 27, RA 9262)
o Acts falling under Sec. 5(a)
constituting consummated,
frustrated, or attempted parricide,
murder, or homicide shall be
punished in accordance with the
RPC
o Punishable under RPC if acts
resulted in mutilation
Civil Code As per Sec. 34 of RA 9262,
persons who intervene in cases of violence
that act in accordance with law shall not be
held criminally, civilly, or administratively
liable.
o Protects persons who intervene
from civil suits that may be brought
against them through Art. 26 of the
Civil Code that includes (b)
Meddling with or disturbing the
private life or family relations of
another as a cause of action for
damages
o Acute battering phase
characterized by brutality,
destructiveness and, sometimes,
death
o Tranquil period phase where the
batterer may show a tender and
nurturing behavior towards his
partner.
It must be noted, however, that BWS is not
relevant to the criminal/civil case.
o If anything, it is a rider provision as
it provides another justifying
circumstance in addition to those
enumerated in the RPC
o In VAWC, the woman is the
complainant so she does not need a
defense. A protection order can be
issued at the mere word of the
woman (VAWC does not have to be
proven)
o As a defense, the Act retroacts
insofar as it is beneficial to the
accused

Family Courts Act of 1997 Family courts

have jurisdiction over cases pursued under RA
9262

o Sec. 7 of the Family Courts Act that

grants the Family Court power to
issue a restraining order and order
the temporary custody of
children shall not apply in
proceedings where relief is sought
under RA 9262

BATTERED WOMAN SYNDROME

Definition - Scientifically defined pattern of

psychological and behavioral symptoms found
in women living in battering relationships as a
result of cumulative abuse.
Three Phases of Cycle of Violence (People v
Genosa):
o Tension-building phase could be
verbal or slight physical abuse, or
another form of hostile behavior