RA 9262 - VIOLENCE AGAINST WOMEN AND THEIR CHILDREN

VAWC- refers to any acts or 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, 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. It includes, but
is not limited to, the following acts:
1. Physical iolence
!. "exual iolence
#. Psychological iolence
$. %conomic &buse
Battered Woman Syndrome - refers to a scientifically defined pattern of psychological and
behavioral symptoms found in women living in battering relationships as a result of cumulative
abuse. It is characteri'ed by (y!e o" #$o!ene(.
%&a'e':
1. Ten'$on-B($!d$n) %&a'e - minor battering occurs - verbal, physical abuse or other
form of hostile behavior. )egitimi'es her belief that the man has the right to abuse her.
!. A(te *atter$n) In$dent - characteri'ed by brutality, destructiveness and,
sometimes, death. "he has a sense of detachment from the attack and the terrible pain.
#. Tran+($!, Lo#e %&a'e - begins when acute battering ends. *he couple experience
profound relief. *he batterer may show a tender and nurturing behavior towards his partner.
Battered Woman Syndrome a' a De"en'e + ictim-survivors who are found by the courts to
be suffering from battered woman syndrome do not incur any criminal and civil liability
notwithstanding the absence of any of the elements for ,ustifying circumstances of self-defense
under the -evised Penal .ode.
*he defense must prove that all three /#0 phases of cycle of violence have occurred at
least twice.
It does not establish legal right of woman to kill her partner. "he must have actually feared
imminent danger or harm from her batterer and honestly believed in the need to kill him in order
to save her life.
&ggression, if not continuous, does not warrant self-defense.
Dat$n) re!at$on'&$- - refers to a situation wherein the parties live as husband and wife without
the benefit of marriage or are romantically involved over time and on a continuing basis during
the course of the relationship. & casual ac1uaintance or ordinary sociali'ation between two
individuals in a business or social context is not a dating relationship.
Se.(a! re!at$on' - refers to a single sexual act which may or may not result in the bearing of a
common child.
%ena!t$e'
(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide or murder or
homicide shall be punished in accordance with the provisions of the Revised Penal Code.
f these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code! those
constituting serious ph"sical in#uries shall have the penalt" of prison ma"or! those constituting less serious ph"sical
in#uries shall be punished b" prision correccional! and those constituting slight ph"sical in#uries shall be punished
b" arresto ma"or.
Acts falling under Section 5(b) shall be punished b" imprisonment of two degrees lower than the prescribed
penalt" for the consummated crime as specified in the preceding paragraph but shall in no case be lower than
arresto ma"or.
(b) Acts falling under Section 5(c) and 5(d) shall be punished b" arresto ma"or!
(c) Acts falling under Section 5(e) shall be punished b" prision correccional!
(d) Acts falling under Section 5(f) shall be punished b" arresto ma"or!
(e) Acts falling under Section 5(g) shall be punished b" prision ma"or!
(f) Acts falling under Section 5(h) and Section 5(i) shall be punished b" prision ma"or.
f the acts are committed while the woman or child is pregnant or committed in the presence of her child, the
penalt" to be applied shall be the ma$imum period of penalt" prescribed in the section.
n addition to imprisonment, the perpetrator shall (a) pa" a fine in the amount of not less than %ne hundred
thousand pesos (P&'','''.'') but not more than three hundred thousand pesos (('','''.'')! (b) undergo
mandator" ps"chological counseling or ps"chiatric treatment and shall report compliance to the court.
%rotet$on Order' ) A protection order is an order issued under this act for the purpose of preventing further acts of
violence against a woman or her child specified in Section 5 of this Act and granting other necessar" relief. *he relief
granted under a protection order serve the purpose of safeguarding the victim from further harm, minimi+ing an" disruption
in the victim,s dail" life, and facilitating the opportunit" and abilit" of the victim to independentl" regain control over her
life.
W&o may "$!e %et$t$on "or %rotet$on Order' - A petition for protection order ma" be filed b" an" of the
following.
(a) the offended part"!
(b) parents or guardians of the offended part"!
(c) ascendants, descendants or collateral relatives within the fourth civil degree of consanguinit" or affinit"!
(d) officers or social wor/ers of the 0S10 or social wor/ers of local government units (234s)!
(e) police officers, preferabl" those in charge of women and children,s des/s!
(f)Punong 2arangay or 2arangay 3agawad!
(g) law"er, counselor, therapist or healthcare provider of the petitioner!
(h) At least two (5) concerned responsible citi+ens of the cit" or municipalit" where the violence against women
and their children occurred and who has personal /nowledge of the offense committed.
Baran)ay %rotet$on Order' /B%O'01 W&o May I''(e and Ho2 - 6aranga" Protection %rders (6P%s)
refer to the protection order issued b" the Punong 2arangay ordering the perpetrator to desist from committing acts of
violence (Section 5 A and 6).
Tem-orary %rotet$on Order' *emporar" Protection %rders (*P%s) refers to the protection order issued b" the
court effective for thirt" ((') da"s.
%ermanent %rotet$on Order' - Permanent Protection %rder (PP%) refers to protection order issued b" the court
after notice and hearing effective until revo/ed b" a court upon application of the person in whose favor the order was
issued.
%re'r$-t$#e %er$od - Acts falling under Sections 5(a) to 5(f) shall prescribe in twent" (5') "ears. Acts falling under
Sections 5(g) to 5() shall prescribe in ten (&') "ears.
DESTR3CTIVE ARSON
Ar'on) the destruction of of propert" b" means of fire or p"rotechnic materials.
De'tr(t$#e Ar'on, 1hen. ) if the propert" burned is an" of the following.
&. An" ammunition factor" and other establishment where e$plosives, inflammable or combustible materials are
stored.
5. An" archive, museum, whether public or private, or an" edifice devoted to culture, education or social services.
(. An" church or place of worship or other building where people usuall" assemble.
7. An" train, airplane or an" aircraft, vessel or watercraft, or conve"ance for transportation of persons or propert".
5. An" building where evidence is /ept for use in an" legislative, #udicial, administrative or other official
proceedings.
8. An" hospital, hotel, dormitor", lodging house, housing tenement, shopping center, public or private mar/et,
theater or movie house or an" similar place or building.
9. An" building, whether used as a dwelling or not, situated in a populated or congested area.
%ena!ty ) Reclusion *emporal in its ma$imum period to Reclusion Perpetua.
1hen death results from arson ) Reclusion Perpetua to death.
S-e$a! A))ra#at$n) C$r(m'tane' $n Ar'on ) penalt" in an" case shall be imposed in its ma$imum period.
&. 1ith intent to gain.
5. :or the benefit of another.
(. ;otivated b" spite or hatred towards the owned or occupant of the propert" burned.
7. Committed b" a s"ndicate (( or more persons).

TOTAL E4TINCTION O5 CRIMINAL LIABILIT6
<ow criminal liabilit" is totall" e$tinguished
78 Deat& o" t&e o""ender
4here the offender dies before or after final #udgment, his death e$tinguishes his criminal liabilities.
:inal #udgment means #udgment be"ond recall. As long as the #udgment has not become e$ecutor", it cannot be
truthfull" said that defendant is definitel" guilt" of the felon" charged against him. t becomes final after the lapse of of the
period for perfecting an appeal or when the sentence has been partiall" or totall" satisfied or served, or the defendant has
e$pressl" waived in writing his right to appeal.
0eath of the offended part" does not e$tinguish the criminal liabilit" of the offender.
28 Ser#$e o" 'entene
"ervice of sentence does not extinguish civil liability.
98 Amne'ty
.ompletely extinguishes the penalty and all its effects.
5ay be granted after conviction.
6ot extinguished civil liabilty.
:8 A*'o!(te %ardon
Includes any crime and is exercised individually by the President.
2eing a private act of the President, must be pleaded and proved by the person pardoned.
%xercised only when the person is already convicted.
6ot extinguish civil liabilty.
;8 %re'r$-t$on o" r$me and *y -re'r$-t$on o" -ena!ty
Prescription of crime is the forfeiture or loss of the right of the "tate to prosecute the
offender after the lapse of a certain time.
Prescription of penalty is the loss or forfeiture of the right of the 7overnment to execute
the final sentence after the lapse of a certain crime.
68 Marr$a)e o" t&e o""ended 2oman
5ust be contracted by the offender in good faith after the commission of any of the crimes
of rape, seduction, abduction or acts of lasciviousness. If contracted only to avoid criminal liability
is devoid of legal effects.
INDIRECT BRIBER6
Ho2 omm$tted<
1. 8ffender is a public officer.
!. 9e accepts gifts.
#. 7ifts are offered to him by reason of his office.
D$ret *r$*ery d$'t$n)($'&ed "rom $nd$ret *r$*ery
1. In both crimes, the public officer accepts gift.
!. 4hile in direct bribery there is an agreement between the public officer and the giver of
the gift, in indirect bribery, usually, no such agreement exist.
#. In direct bribery, the offender agrees to perform or performs an act or refrains from
doing something, because of the gift or promise: in indirect bribery, it is not necessary that the
officer should do any particular act or even promise to do an act, as it is enough the he accepts
gifts offered to him by reason of his office.
%(r-o'e - anticipation of future favor from the public officer.
5ere acceptance consummates the crime. *here is no attempted or frustrated indirect bribery.
%re'$dent$a! Deree No8 :6 - receiving of gifts by public officials and employees, and giving of
gifts by private persons, on any occasion, including .hristmas is punishable.
=IDNA%%ING
Ho2 omm$tted<
1. 8ffender is a private individual.
!. 9e kidnaps or detains another, or in any other manner deprives the latter of his liberty.
#. &ct of detention or kidnapping must be illegal.
$. In the commission of the offense, any of the following circumstances is present:
a. 3idnapping or detention lasts for more than # days:
b. .ommitted simulating public authority:
c. &ny serious physical in,uries are inflicted upon the person kidnapped or detained
or threats to kill him are made: or
d. Person kidnapped or detained is a minor, female, or a public officer.
*he crime is arbitrary detention if the offender is a public officer.
It is essential in the crime of kidnapping the intention to deprive the victim of his liberty for
purpose of extorting ransom on the part of the accused.
Ran'om is money, price or consideration paid or demanded for redemption of a captured person
or persons: a payment that releases from captivity.
&ctual demand of ransom is not necessary as long as it was committed for the purpose of
extorting ransom.
;etention or locking up of victim is essential. It is not necessary that the victim be placed in an
inclosure.
-estraint need not be permanent.
;etention must be illegal. ;etention is illegal when not ordered by competent authority or not
permitted by law.
;etention for more than # days is not necessary when any of the other circumstances is present.
-estraint by robbers not illegal detention.
"pecific intent, determinative of whether crime committed is murder or kidnapping.
C$r(m'tane' +(a!$"y$n) t&e o""en'e
If the purpose of the kidnapping or detention is to extort ransom from the victim or any other
person, even if non of the circumstances mentioned in &rt. !<=, the penalty is death, regardless
of the presence and number of ordinary mitigating circumstances.
oluntary release by the captors and non-attainment of the purpose will not reduce the death
penalty prescribed for kidnapping for ransom.
Ma.$m(m -ena!ty $m-o'ed1 W&en8
Deat&
1. purpose it to extort ransom:
!. victim is killed or dies as a conse1uence of the detention:
#. victim is raped:
$. victim is sub,ected to torture or dehumani'ing acts.
ARBITRAR6 DETENTION
Ho2 omm$tted<
1. 8ffender is a public officer or employee:
!. 9e detains a person:
#. ;etention is without legal grounds.
Detent$on - actual confinement of a person in an enclosure, or in any manner detaining
and depriving him of his liberty.
If under the surveillance and could not escape for fear of being apprehended again, there would
still be arbitrary detention.
-estraint resulting from fear.
W$t&o(t !e)a! )ro(nd'1 W&en8
1. has not committed any crime, or at least there is no reasonable ground for suspicion
that he has committed a crime:
!. he is not suffering from violent insanity or any other ailment re1uiring compulsory
confinement in a hospital.
6o reasonable ground if officer only wants to know the commission of crime.
&rbitrary detention thru imprudence.
ACTS O5 LASCIVIO3SNESS
Ho2 omm$tted<
1. 8ffender commits any act of lasciviousness or lewdness:
!. committed against a person of either sex:
#. done under the following circumstances:
a. use of force or intimidation:
b. offended party is deprived of reason or otherwise unconscious:
c. by means of fraudulent machination or grave abuse of authority:
d. offended party is under 1! years of age or is demented.
)ewd - obscene, lustful, indecent, lecherous. It signifies the form of immorality which has relation
to moral impurity: or which is carried on a wanton manner.
%RESCRI%TION
%re'r$-t$on "or 5e!on$e'
!> years- crimes punishable by death, reclusion perpetua, reclusion temporal
1> years- correctional penalties, except arresto mayor
? years- arresto mayor
! years- libel and similar crimes
< months- oral defamation and slander by deed
! months- light offenses
%re'r$-t$on "or S-e$a! %ena! La2'
1! years- imprisonment of six years or more
@ years- imprisonment of at least two years but less than six
? years- offenses under Internal -evenue .ode
$ years- imprisonment of more than one month but less than two years
1 year- imprisonment not exceeding one month
! months- violations of municipal ordinances
A &bovementioned prescriptive periods will not apply when a special law provides for its own
prescription
Com-(tat$on o" %re'r$-t$on
- commences from the day crime is discovered
- interrupted by the filing of complaint or information
- starts again when proceedings terminate 4I*98B* &..B"%; 9&I67 2%%6 .86I.*%;,
&.CBI**%;, 8- &-% B6DB"*IEI&2)F "*8PP%; E8- -%&"86" 68* I5PB*&2)% *8 9I5
- prescription will not run when offender is absent from the Philippines
STAGES O5 E4EC3TION
1. .onsummated
!. Erustrated
#. &ttempted
Attem-ted
- offender commences the commission of the felony by overt acts, but does not perform all the
acts of execution which should produce the felony by reason of some cause or accident other than
his own spontaneous desistance
O#ert At
- physical activity or deed, indicating the intention to commit a crime, more than mere planning or
preparation, which if carried to its complete termimation following its natural course, without
being frustrated by external obstacles nor by voluntary desistance of the perpetrator, will logically
and necessarily ripen into a concrete offense
"pontaneous ;esistance
- effect is no attempted felony, law does not punish the offender
- must be made before all acts of execution are performed
S-ontaneo(' De'$'tane
- ;esistance on the part of the offender negates criminal liability in the attempted stage.
- ;esistance is true only in the attempted stage of the felony. If under the definition of the felony,
the act done is already in the frustrated stage, no amount of desistance will negate criminal
liability.
- *he spontaneous desistance of the offender negates only the attempted stage but not
necessarily all criminal liability. %ven though there was desistance on the part of the offender, if
the desistance was made when acts done by him already resulted to a felony, that offender will
still be criminally liable for the felony brought about his act. 4hat is negated is only the attempted
stage, but there may be other felony constituting his act.
5orma! Cr$me
- crimes that are consummated in one instant: there is no attempted stage
Mater$a! Cr$me
- crimes that are not consummated in one instant or by a single act: there is attempted stage
5r('trated Sta)e
- offender performs all acts of execution which would produce the felony as a conse1uence, but
the felony is not produced by reason of causes independent of the will of the perpetrator
Inde-endent o" t&e W$!! o" t&e %er-etrator
- if the crime is not produced because the offender himself prevented its consummation, there is
no frustrated felony
5r('trated T&e"t
- In alen'uela vs. People, the court held that there is no crime of frustrated theft
Con'(mmated
- occurs when all the elements necessary for its execution and accomplishment are present
>3ALI5IED TRES%ASS TO DWELLING
E!ement'
1. 8ffender is a private person
!. 9e enters the dwelling of another
#. %ntrance is against the latterGs will
If the offender is a public officer, the crime is iolation of ;omicile
Cualifying circumstance: if the offense is committed by means of violence or intimidation, the
penalty is higher
*he crime may be committed even by the owner /as against the actual occupant0
6ot applicable to:
a. entrance is for the purpose of preventing harm to himself, the occupants or a third person
b. purpose is to render some service to humanity or ,ustice
c. place is a cafH, tavern, etc., while open
RETROACTIVE E55ECT O5 %ENAL LAWS
Genera! R(!e
- Penal laws are given prospective effect
E.e-t$on
- Penal laws may be given retroactive effect when they are favorable to the accused
E. %o't 5ato La2
- one which
1. makes criminal an act done before the passage of the law and which was innocent when
done, punishes such an act
!. aggravates a crime or makes it greater than it was when committed
#. changes the punishment and inflicts a greater punishment than the law annexed to the
crime when committed
$. alters the rule of evidence, and authori'es conviction upon less or different testimony
that what the law re1uired at the time of the commission
?. assumes to regulate civil rights and remedies only, in effect imposing penalty on an act
done which would have been lawful otherwise
<. deprives a person accused of a crime lawful protection to which he has become entitled
5ALSI5ICATION O5 %3BLIC O55ICERS
E!ement'
1. *he offender is a public officer, employee or notary public
!. 9e takes advantage of his official position
#. 9e falsifies a document by committing any of the following acts:
a. .ounterfeiting or Imitating any handwriting, signature or rubric:
b. .ausing it to appear that persons have participated in any act or proceeding when they
did 68* in fact so participate:
c. &ttributing to person who have participated in any act or proceeding statements 8*9%-
than those in fact made by them:
d. 5aking untruthful statements in a narration of facts:
e. &ltering true dates:
f. 5aking any alteration or intercalation in a genuine document which changes its meaning:
g. Issuing in authenticated form a document purporting to be a copy of an original
document when no such original exists, or including in such copy a statement contrary to, or
different from, that of the genuine original:
h. Intercalating any instrument or note relative to the issuance thereof in a protocol,
registry, or official book
$. In case the offender is an ecclesiastical minister, the act of falsification is committed with
respect to any record or document of such character that its falsification may affect the civil status
of persons
Mode' o" Comm$''$on
Eirst mode /counterfeiting or imitating any handwriting etc0
1. .ounterfeiting or Imitating any handwriting, signature of rubric
%lements:
&. Intent or &ttempt to Imitate
2. *here must be at least ! signaturesIhandwritingsIrubrics + the genuine one and the
forged one: and they must bear a resemblance to each other
!. Eeigning or "imulating any signature, handwriting or rubric which does 68* in fact exist
"econd mode of commission
-e1uisites
1. *he offender caused it to appear in a document that a person or number of persons
participated in an act or proceeding
!. "uch personIs did 68* in fact so participate
*hird mode of commission
-e1uisites
1. & person or group of persons participated in an act or proceeding
!. 9eIthey made statements in such actIproceeding
#. *he offender, in making the document, attributed to himIthem statements other than those
actually made by them
Eourth mode of commission
-e1uisites
1. *he offender makes in a document statements in a narration of facts
!. 9e has the legal obligation to disclose the truth of the facts narrated by him
#. *he facts narrated by him are absolutely false
$. *he perversion of truth in the narration of facts was made with the wrongful intent of in,uring a
third person
Eifth mode of commission
.ontrolling re1uisite- *he dateIs altered must be material to the document
"ixth mode of commission
-e1uisites
1. *here is an alteration /a change0 or intercalation /an insertion0
!. It was made on a genuine document
#. *he alterationIintercalation has changed the meaning of the document and
$. *he change made the document speak something else
"eventh mode of commission
- *he offender must act in his official capacity
ANTI MONE6 LA3NDERING ACT
Money La(nder$n)
- a scheme whereby the proceeds of unlawful activities specified in the law are transacted or
attempted to be transacted to make them appear to have originated from legitimate sources
.overed *ransactions
- transactions in cash or other e1uivalent monetary instrument involving a total amount in excess
of PhP ?>>,>>> within one banking day
S('-$$o(' Tran'at$on'
- transactions with covered institutions, regardless of the amount involved, where any of the
following circumstances exists:
1. there is no underlying legalItrade obligation, purpose or economic ,ustification
!. the client is not properly identified
#. the amount involved is not commensurate with the business or financial capacity of the client
$. the transaction is structured to avoid being reported
?. there is a deviation from the clientGs profileIpast transactions
<. the transaction is related to an unlawful activityIoffense under the &5)&
=. transactions similar to above
O""en'e' and %ena!t$e'
1. 3nowingly transacting or attempting to transact any monetary instrument which represents,
involves or relates to an unlawful activity - = to 1$ years of imprisonment
!. 3nowingly performing or failing to perform an act in relation to any monetary
instrumentIproperty involving the proceeds of any unlawful activity - $ to = years of imprisonment
#. 3nowingly failing to disclose and file with the &5). any monetary instrument re1uired to be
disclosed and filed - < months to $ years
%red$ate Cr$me'
1. 3idnap for ransom under &rt. !<= of the -P.
!. ;rug trafficking and related offenses under -& J1<?
#. 7raft and corrupt practices under -& #>1J
$. Plunder
?. -obbery and %xtortion
<. Dueteng and 5asiao
=. Piracy on high seas
@. Cualified theft
J. "windling
1>. "muggling
11. iolations of the %-commerce &ct
1!. 9i-,acking, destructive arson and murder
1#. Eraudulent practices and other violations of the "-.
1$. Eelonies or offenses of a similar nature under the penal laws of other countries
Ot&er O""en'e'
1. Eailure to keep records
!. 5alicious reporting
#. 2reach of confidentiality
ILLEGAL 3SE O5 %3BLIC 53NDS OR %RO%ERT6 /TECHNICAL MALVERSATION0
E!ement'
1. 8ffender is a public officer
!. *here is public fund or property under his administration
#. "uch public fund or property has been appropriated by law or ordinance
$. 9e applies the same to a public use other than that for which such fund or property has been
appropriated by law or ordinance
D$'t$n)($'&ed "rom Ma!#er'at$on
1. 8ffender in technical malversation does not profitIderive personal gain
!. *he funds in technical malversation is applied to another public use other than the one it was
earmarked for.