By: PINSP BEBILYN P DOMINGO

C, WCPD, LAGUNA PPO

Passed in the Congress on

February 2004, signed by GMA
in March 8,2004 and took effect
in March 23, 2004
A special law which protects
women and their children from all
forms of abuse

any act or series of acts committed

by any PERSON
against a WOMAN who is his wife,
former wife, or with whom the person
has or had a sexual or dating
relationships, or
with whom he has a common child,
or
against her child/children under her
care

which results or is likely to result in

physical, sexual, psychological harm
or suffering or economic abuse
including threats of such acts:
Battery (physical harm), assault,
coercion, harassment or arbitrary
deprivation of liberty

PHYSICAL

PSYCHOLOGICAL, EMOTIONAL

SEXUAL

ECONOMIC

Relationship, past or present

Married or not; living in or not
Sexual or dating relationship
Including lesbian relationships
With common child
Falling under Sec. 5 (punishable
acts)

Crime

Penalty

Prescriptive
Period

Sec 5(a) Causing

Physical Harm
1) Serious physical
injuries
(over 30 days medical
attention);

Prision mayor
20 years
(6yrs &1 day 12 yrs)

2) Less serious
physical
injuries
(10-30 days medical
attention)

Prision correccional
(6mos & 1 day 6 yrs)

3) Slight physical
injuries
(1-9 days medical
attention)

Arresto mayor
(30 days & 1 day6mos)

Crime

Penalty

Prescriptive
Period

Sec. 5 (b)threatening to
cause physical
harm

Not lower than 20 years

30 days & 1 day
-6 mos

Sec 5 (c)attempting to
cause physical
harm

Arresto mayor
30 days & 1
day- 6 mos)

20 years

Sec 5 (d)- placing Arresto mayor

in fear of
30 days & 1
imminent physical day- 6 mos)
harm

20 years

Crime

Penalty

Prescriptive
Period

Sec 5 (e-1)-threatening to deprive

or actually depriving the woman or
her child of custody to her family
(e-2)- depriving or
threatening to deprive the woman
or her child of financial
support/deliberately providing
insufficient financial support

Prision
correccional
(6mos & 1day -6
yrs

20 yrs

(e-3)- depriving or
threatening to deprive the woman
or her child of a legal right

Prision
correccional
(6mos & 1day -6
yrs

20 yrs

(e-4)- preventing the woman

in engaging in any legitimate
profession, occupation, business
or controlling the victims own
money/property

Prision
correccional
(6mos & 1day -6
yrs

20 yrs

Crime

Penalty

Sec 5 (f)- Inflicting Arresto mayor

or threatening to (30 days & 1
inflict
physical day- 6 mos)
harm on one self

Prescriptive
Period
20 yrs

Sec.5 (g)- causing Prision mayor

10 yrs
or attempting to (6 years & 1 day
cause the woman 12 yrs)
or her child to
engage in any
sexual
activity
which does not
constitute rape

Crime

Penalty

Prescriptive
Period

Sec 5 (h)-engaging in reckless

Prision mayor 10 yrs
conduct that alarms or causes
(6 years & 1
psychological distress (for ex.
day 12 yrs)
Stalking; lingering outside
residence; entering or remaining
in the dwelling; destroying
property or inflicting harm to pets;
Sec 5 (i)- Causing emotional
Prision mayor 10 yrs
anguish, public humiliation incl.
(6 years & 1
repeated verbal abuse and denial day 12 yrs)
of financial support or denial of
custody of minor children or
denial of access to the womans
child/children

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

Medical Assistance

Legal
Assistance

Counseling

to prevent further acts of violence

against a woman or her child.

to safeguard the victim from further

harm

to minimize disruption in victims

daily life

give her the opportunity and ability to

regain control over her life.

Barangay Protection Order 15

days; renewable
Temporary Protection Order 30
days + (shall be renewed by court)
Permanent Protection Ordervalid/effective until revoked

Offended party
Parents or guardians
relatives within 4th degree of consanguinity or
affinity
Social workers of DSWD or LGUs
Police officers preferably WCPD Investigators
Punong Barangay or kagawad
Lawyer, counselor, therapist, healthcare provider
At least 2 citizens of the city or municipality who
have personal knowledge of the offense

Issued by the Court on the day of filing

Priority over all other cases
Effective for 30 days; extendible
Stay away order, temporary custody
and support to woman and/or her
children, use of community/conjugal
property
Bond to Keep the Peace
Enforceable anywhere in the country
No mediation; no conciliation

issued after notice and hearing

custody, support to the woman
and/or her children
respondent to leave the residence
permanently
with Bond to Keep the Peace

refers to a scientifically defined

pattern of psychological and
behavioral symptoms found in
women
living
in
battering
relationships
justifying circumstance
perpetrator of crime against a
woman with BWS shall not have
custody of children

Right to be treated with respect &

dignity;
Legal assistance; support services
from DSWD, local government
Privacy and confidentiality of
records
Additional 10 day paid leave from
work aside from present paid
leave benefits

respond immediately to a call for help or

request for assistance or protection of the
victim whether or not a protection order
has been issued and ensure the safety of
the victim/s;
confiscate any deadly weapon in the
possession of the perpetrator or within
plain view;
transport or escort the victim/s to a safe
place of their choice or to a clinic or
hospital;

assist the victim in removing personal

belongs from the house;
assist the barangay officials and
other government officers and
employees who respond to a call for
help;
ensure the enforcement of the
Protection Orders issued by the
Punong Barangay or the courts;

arrest the suspected perpetrator

without a warrant when any of the acts
of violence defined by this Act is
occurring, or when he/she has
personal knowledge that any act of
abuse has just been committed, and
there is imminent danger to the life or
limb of the victim as defined in this Act;
and
immediately report the call for
assessment or assistance of the
DSWD, Social Welfare Department of
LGUs or accredited non-government
organizations (NGOs).

Any person, private individual,

police authority, barangay official
acting in accordance with law,
who responds or intervenes
without
using
violence
or
restraint greater than necessary
to ensure safety of the victim

THANK YOU!!!