Anti- Violence

Against Women
& their
Children Act of
2004
(RA 9262)
 LEARNING OBJECTIVES:

At the end of this Lesson Plan, the

participants will be able to:
Know the salient provisions of Anti-
VAWC Act
Define Protection Order
WCPC
 Recognize the duties of barangay
officials and law enforcers in
enforcing the protection order

Identify the role of law enforcers

in implementing protective
custody of children

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 WHAT IS THE ANTI-VIOLENCE
AGAINST WOMEN AND THEIR
CHILDREN ACT OF 2004 OR RA
9262 ?
Public crime
20 years prescription period
Provide penalty
 Acts:
- Physical abuse
- Sexual abuse
- Psychological abuse
- Economic abuse

Acts punishable even outside the

home

WCPC
WHO ARE PROTECTED?

Women and their children

A woman with whom that person
has or had a sexual or dating
relationship or with whom he has
a common child
 his wife or former wife

Against her child

(legitimate or illegitimate)

WCPC
WHO ARE LIABLE?
a. Husbands

b. Former husbands

c. Present and former boyfriends

or live-in partners
d. Those with whom the woman has
a common child

e. Anyone with whom she has/had

sexual or dating relationship
(include lesbian partners)

Note: sexual relations refers to a single

act which may or may not result
in the bearing of a common child
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THE OFFENDED PARTY:
- THE WOMAN
- THE CHILD

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THE OFFENDER:
- THE HUSBAND,
- THE LOVER AND THE EX,
- THE CONSPIRATORS

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TAN VS. TAN, G.R. NO. 168852,
SEPTEMBER 30, 2008
Even parents-in-law may be held
liable under the provisions of RA
9262.

The law expressly recognizes that the

acts of violence against women and
their children may be committed by
an offender through another.
 (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. xxx xxx (Sec. 5, h of RA
9262)
 A protection order may be issued
prohibiting

the respondent from threatening to

commit or committing, personally or
through another, any of the acts
mentioned in Section 5 of this Act.
(Sec. 8 of RA 9262).
 the respondent from harassing,
annoying, telephoning, contacting
or otherwise communicating with
the petitioner, directly or
indirectly;

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FORMS OF VIOLENCE

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PHYSICAL ABUSE

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Physical abuse:
Physical injuries (battery)

Frustrated parricide

Inflicting or threatening to inflict

physical harm on oneself for the
purpose of controlling her
actions or decisions;
 Causing physical harm to the
woman or her child;

Threatening to cause the woman

or her child physical harm;
 Attempting to cause the woman
or her child physical harm;

Placing the woman or her child

in fear of imminent physical
harm;
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SEXUAL ABUSE

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Sexual violence:
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;

Prostituting the woman

PSYCHOLOGICAL ABUSE

WCPC
Psychological violence:
marital infidelity
repeated verbal abuse
public humiliation
threatening the woman that she
will loose her child
 Stalking or following the woman
or her child in public or private
places;
Peering in the window or
lingering outside the residence of
the woman or her child;
 Entering or remaining in the
dwelling or on the property of the
woman or her child against her/his
will;

Destroying the property and

personal belongings or inflicting
harm to animals or pets of the
woman or her child; and

Engaging in any form of harassment

or violence.
ECONOMIC ABUSE

WCPC
Economic abuse
not giving adequate financial
support to the wife and/or
minor children

controlling the conjugal

business or conjugal or
community property or the
womans own money
CONTROL AND/OR RESTRICTIONS
ON RIGHTS WHICH INCLUDE, BUT
NOT LIMITED TO -
(1) Threatening to deprive or
actually depriving the woman or
her child of custody to her/his
family;
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(2) 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;

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(3) Depriving or threatening to deprive
the woman or her child of a legal right;
and

(4) 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.
WCPC
 OTHER ACTS OF ABUSE
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.
REMEDIES AVAILABLE TO
THE VICTIMS

WCPC
 REMEDIES AVAILABLE TO
VICTIMS
1. Filing of a criminal action;
Violence against women and their
children is a public offense. It may
be prosecuted upon the filing of a
complaint by any citizen having
personal knowledge of the
circumstances involving the
commission of the crime.
REMEDIES
2. A Complaint filed with the
barangay unit for the issuance of
a Barangay protection order

3. A Civil Complaint filed with the

courts for the issuance of a
temporary restraining order (TPO)
and/or a Permanent Protection
Order (PPO)
 WHAT IS A
PROTECTION ORDER?
It is an order issued under the Act
for purpose of preventing further
acts of violence against a woman or
her child specified in Section 5 of
the Anti-VAWC Act and granting
other necessary reliefs.
 BPO - issued by the Punong
Barangay or the kagawad,
effective for 15 days only.
Application must be in writing,
signed and under oath attested
before the Punong Barangay and it
must be issued on the same day of
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 WHO MAY APPLY FOR A
PROTECTION ORDER?
(a) The offended party;

(b) Parents or guardians of the offended

party;

(c) Ascendants, descendants or collateral

relatives within the fourth civil degree
of consanguinity or affinity;
(d) Officers or social workers of the
DSWD or social workers of local
government units (LGUs);

(e) Police officers, preferably those

in charge of women and children's
desks;
(f) Punong Barangay or Barangay
Kagawad;

(g) Lawyer, counselor, therapist or

healthcare provider of the petitioner;

(h) At least two (2) concerned

responsible citizens of the city or
municipality where the violence against
women and their children occurred and
who has personal knowledge of the
offense committed.
 CIVIL COMPLAINT
FOR APPLICATION OF
TPO AND/OR PPO
Must be filed before the family
court where the petitioner
resides, but in the absence
thereof, the Regional Trial Court,
Municipal Trial Court,
Metropolitan Trial Court, or
Municipal Circuit Trial Court
therein.
 CRIMINAL COMPLAINT

Must be filed in the place where

any of the essential elements of
the crime was committed.

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IN FILING ON THE APPLICATION
OF THE PROTECTION ORDER

The petition must be:

In writing;

Signed; and

Verified under oath by him.

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 PROTECTING THE
POLICEMAN IN THE LINE OF
DUTY

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 HE MUST BE FREE FROM ANY
LIABILITY IN THE EXERCISE OF
HIS DUTIES
In every case of violence against women
and their children, a police authority
acting in accordance with the law, among
others, responds without using violence
or restraint greater than is necessary to
ensure the victims safety, shall not be
liable for any criminal, civil, or
administrative liability resulting
therefrom.
DOMESTIC VIOLENCE

Breaks Bones

Breaks Hearts

Breaks Families
 IF YOU ARE BEING ABUSED,
REMEMBER
YOU ARE NOT ALONE

IT IS NOT YOUR FAULT

HELP IS AVAILABLE
 THANK YOU VERY MUCH
AND
GOD BLESS US ALL AS USUAL

WCPC
WHAT IS VAW?
A violence that is gender-based

It reflects and perpetuates the

unequal and unjust relations
between women and men.
 It is the misuse and abuse of
power by men to subjugate
women - their lives, bodies, hopes
and dreams

Not limited to physical abuse.

(emotional, verbal, psychological,
economic and sexual abuse)

A human rights issue

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Violence Against Women
violates the rights and principles
of women with regard to
equality, security, liberty,
integrity and dignity.

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 WHY VAW HAPPENS
There are many excuses passed off as
explanation of VAW

1. Men think women deserves to be

hit because they are naggers

2. It is alcohol and drug use that

made the man do it
3. Women who wear sexy clothing
invite harassment or rape

4. Men had a rough day at work,

they lost their cool with the
Misis

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5. A husband hit his wife because
she is flirt and has made him
jealous

6. Men who commit rape give

the excuse that women tease,
and when they say NO they
actually mean YES

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WHY VAW HAPPENS
Misconception about VAW still
bounds

1. Victim blaming: it is the

womans fault
2. Concealment of the offender:
violation without a
perpetrator
 Persist as a result of the
interaction of ideology and belief
system, social structures,
community patterns and
personal history

Some cultural or traditional

beliefs or values can undermine
human rights and permit VAW to
happen
WCPC
 ETHICAL CONSIDERATION IN
ADDRESSING VAW
Maintaining confidentiality
(RA 9262)
Use of gender-sensitive language
Respect for the decision of the
victim
 Respecting the victims
emotional state

Taking care NOT to pressure the

victim in making a decision

WCPC