[SPECIAL PENAL LAWS]

TABLE OF CONTENTS
I.
II.
III.

Anti-Violence Against Women and Their Children Act of 2004 (R.A.

No. 9262)
Juvenile Justice and Welfare Act of 2006 (R.A. 9344)

Submitted By: Guzmana, Jimmarie C.

Abdullah D. Macagaan
Page 1

Submitted To: Prosecutor

[SPECIAL PENAL LAWS]

I.

Anti-Violence Against Women and Their Children Act of

2004 (R.A. No. 9262)

WHAT IS REPUBLIC ACT NO. 9262?

RA 9262 is the Anti-Violence Against Women and their Children Act of 2004.
It seeks to address the prevalence of violence against women and children
(VAWC), abuses on women and their children by their intimate partners like:
- Husband or ex-husband
- Live-in partner or ex-live in partner
- Boyfriend/girlfriend or ex-boyfriend/ex-girlfriend
- Dating partner or ex-dating partner
The Act classifies violence against women and children (VAWC) as a public
crime.
WHAT IS VAW-C UNDER THE LAW?
It refers to 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. It includes, but is not limited to, the following acts:
Physical violence refers to acts that include bodily or physical harm;
Sexual violence refers to an act which is sexual in nature, committed
against a woman or her child. It includes, but is not limited to:
a) rape, sexual harassment, acts of lasciviousness, 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;
b) acts causing or attempting to cause the victim to engage in any
sexual activity by force, threat of force, physical or other harm or
threat of physical or other harm or coercion;
c) prostituting the woman or her child.

Submitted By: Guzmana, Jimmarie C.

Abdullah D. Macagaan
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Submitted To: Prosecutor

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Psychological violence refers to acts or omissions causing or likely to
cause mental or emotional suffering of the victim such as but not
limited to intimidation, harassment, stalking, damage to property,
public ridicule or humiliation, repeated verbal abuse and marital
infidelity. It includes causing or allowing the victim to witness the
physical, sexual or psychological abuse of a member of the family to
which the victim belongs, or to witness pornography in any form or to
witness abusive injury to pets or to unlawful or unwanted deprivation
of the right to custody and/or visitation of common children.
Economic abuse refers to acts that make or attempt to make a
woman financially dependent. This includes but is not limited to the
following:
a) withdrawal of financial support or preventing the victim from
engaging in any legitimate profession, occupation, business or
activity, except in cases wherein the other spouse/partner objects
on valid, serious and moral grounds as defined in Article 73 of the
Family Code;
b) deprivation or threat of deprivation of financial resources and the
right to the use and enjoyment of the conjugal, community or
property owned in common;
c) destroying household property;
d) controlling the victims own money or properties or solely
controlling the conjugal money or properties.
IS VAWC COMMITTED BY MEN ALONE?
Women can also be liable under the law. These are the lesbian partners/
girlfriends or former partners of the victim with whom she has or had a
sexual or dating relationship. Anyone who hurts the woman he or she is or
was in a sexual or dating relationship with may be held liable under the AntiVAWC Act.
WHAT IF THE FEMALE VICTIM COMMITS VIOLENCE AGAINST HER
PARTNER?
The law acknowledges that women who have retaliated against their
partners or who commit violence as a form of self-defense may have suffered
from battered women syndrome (BWS). BWS is a scientifically defined
pattern of psychological and behavioral symptoms found in women living in
battering relationships as a result of cumulative abuse Any victim who
suffers from BWS should be diagnosed by a psychiatric expert or a clinical
psychologist. This will also help the victim in obtaining a just decision in her
case. The law does not allow the offender to have custody of minor children.
Their care is still entrusted to the woman even if she is found to have BWS.
Submitted By: Guzmana, Jimmarie C.
Abdullah D. Macagaan
Page 3

Submitted To: Prosecutor

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WHAT IF THE MALE SPOUSE/PARTNER COMPLAINS ABOUT ABUSES

COMMITTED BY HIS WIFE/PARTNER?
If the courts have proven that the offender is guilty of the crime, he may be
imprisoned and will be obliged to pay P100, 000 to P300, 000 in damages.
The length of imprisonment depends on the gravity of the crime. The
offender is also obliged to undergo psychological counseling or psychiatric
treatment. Being drunk or under the influence of prohibited drugs cannot be
taken as an excuse for committing VAW.
WHO GETS PROTECTED UNDER THE LAW?
The law recognizes the unequal relations of a man and a woman in an
abusive relationship where it is usually the woman who is the disadvantaged.
Thus, the law protects the woman and her children
The victim, the child who is a minor (legitimate and illegitimate), and a
person aged 18 years and beyond who doesnt have the ability to decide for
herself/himself because of an emotional, physical and mental illness can
make full use of the law.
Any child under the care of a woman is also protected under the law
WHAT CAN WOMEN AND CHILDREN DO UNDER THE LAW?
The law allows women and their children to secure barangay protection
order and/or temporary or permanent protection order from the courts.
They can also file an independent civil action for damages and criminal
action for the violation of anti-VAWC Act.
WHAT IS A PROTECTION ORDER?
It is an order prescribed in the Anti-VAWC Act to prevent further abuse of or
violence against a woman and her child. It also provides them relief from said
abuse or violence.
WHO MAY FILE THE PROTECTION ORDER?
Anyone of the following may also file the protection order in behalf of the
victim/s:
Parent or guardian Grandparents Children and grandchildren Relatives
(aunts, uncles, cousins, in-laws) Local officials and DSWD social workers
Police Lawyers Counselors Therapists Health care providers (nurses,
doctors, barangay health workers) Any two people who came from the city
or municipality where VAWC happened and who have personal knowledge of
the crime.

Submitted By: Guzmana, Jimmarie C.

Abdullah D. Macagaan
Page 4

Submitted To: Prosecutor

[SPECIAL PENAL LAWS]

CHILDREN - are those below 18 years of age or older but are incapable of taking
care of themselves (as stated in Republic Act 7610). It includes the biological
children of the victim and other children under her care
DATING RELATIONSHIP is one which has a romantic involvement. It means that a
relationship existed between a woman and a partner who is abusive or has
previously abused her, whether or not the relationship was formal.
SEXUAL RELATIONS refer to a single sexual act which may or may not result to a
bearing of a child.

BATTERY - an act of inflicting physical harm upon the woman or her child
resulting to the physical and psychological or emotional distress.
BATTERED WOMAN SYNDROME - scientifically defined pattern of
psychological and behavioral symptoms found in women living in
battering relationships as
a
result
of
cumulative
abuse.
STALKING - an intentional act committed by a person who, knowingly and
without lawful justification follows the woman or her child or places the
woman or her child under surveillance directly or indirectly or a combination
thereof.
DATING RELATIONSHIP - 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. A casual
acquaintance or ordinary socialization between two individuals in a business
or
social
context
is
not
adating
relationship.
SEXUAL RELATIONS - a single sexual act which may or may not result in
the bearing of a common child.
ACTS OF VIOLENCE AGAINST WOMEN AND THEIR CHILDREN (Sec. 5)
The crime of violence against women and their children is committed
through
any
of
the
following
acts:
1.
2.
3.
4.
5.

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;
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
Submitted By: Guzmana, Jimmarie C.
Abdullah D. Macagaan
Page 5

Submitted To: Prosecutor

[SPECIAL PENAL LAWS]

or child. This shall include, but not limited to, the following acts committed
with the purpose or effect of controlling or restricting the woman's or her
child's movement or conduct:

1.
2.
3.
4.
5.
6.

Threatening to deprive or actually depriving the

woman or her child of custody to her/his family;
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; (3) Depriving or
threatening to deprive the woman or her child of a legal right;
Preventing the woman in engaging in any legitimate
profession, occupation, business or activity or controlling the victim's own
mon4ey or properties, or solely controlling the conjugal or common money,
or properties;
Inflicting or threatening to inflict physical harm on
oneself for the purpose of controlling her actions or decisions;
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;
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.
This shall include, but not be limited to, the following
acts:
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;
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.
VENUE (Sec. 7)
RTC designated as Family Court (EOJ)
RELIEFS/REMEDIES

Submitted By: Guzmana, Jimmarie C.

Abdullah D. Macagaan
Page 6

Submitted To: Prosecutor

[SPECIAL PENAL LAWS]

A. PROTECTION ORDER (Sec. 8)
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 necessary relief.
KINDS:
1.
Barangay protection order (BPO) (Sec. 14) issued by the Punong
Barangay ordering the perpetrator to desist from committing acts under Sec.
5 (a) and (b) of this Act
2.
Temporary protection order (TPO) (Sec. 15) issued by the court on the
date of filing of the application after ex parte determination that such order
should be issued; effective for 30 days
3.
Permanent Protection order (PPO) (Sec. 16) issued by the court after
notice
and
hearing
1.
2.
3.
4.
5.
6.
7.
8.

B. WHO MAY FILE PETITION FOR PROTECTION ORDER (Sec. 9)

Offended party
Parents or guardians of offended party
Ascendants, descendants or collateral relatives within the fourth civil
degree of consanguinity or affinity
Officers or social workers of the DSWD or social workers of LGUs
Police officers, preferably those in charge of women and childrens
desks
Punong barangay or Barangay Kagawad
Lawyer, counsellor, therapist or healthcare provider of the petitioner
At least 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
C. WHERE TO APPLY FOR PROTECTION ORDER (Sec. 10)
BPO Rules on venue under Sec. 409 of LGC
TPO/PPO Family Court, or if none, RTC, MTC, MeTC, MCTC with
territorial jurisdiction over the place of residence of petitioner
D. HOW TO APPLY FOR PROTECTION ORDER (Sec. 11)

1.

Accomplish a standard protection order application form, signed and

verified under oath by applicant
2.
Filed as an independent action or as incidental relief
3.
If applicant is not the victim, application must be accompanied by an
affidavit of the applicant attesting to (a) the circumstances of the abuse
suffered by the victim and (b) the circumstances of consent given by the
victim for the filling of the application. When disclosure of the address of the
victim will pose danger to her life, it shall be so stated in the application. In
Submitted By: Guzmana, Jimmarie C.
Abdullah D. Macagaan
Page 7

Submitted To: Prosecutor

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such a case, the applicant shall attest that the victim is residing in the
municipality or city over which court has territorial jurisdiction, and shall
provide a mailing address for purpose of service processing.
BATTERED WOMAN SYNDROME AS A DEFENSE (Sec. 26)
Victim-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 justifying circumstances of selfdefense under the Revised Penal Code.
In the determination of the state of mind of the woman who was suffering
from battered woman syndrome at the time of the commission of the crime,
the courts shall be assisted by expert psychiatrists/ psychologists.
A victim who is suffering from battered woman syndrome shall not be
disqualified from having custody of her children. In no case shall custody of
minor children be given to the perpetrator of a woman who is suffering from
Battered woman syndrome (Sec. 28)
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.
Victim-survivors suffering from BWS do not incur criminal liability
even in the absence pf any of the elements of justifying
circumstances of self-defense under the RPC
Battery refers to any act of inflicting physical harm upon the woman
or her child resulting to physical and psychological emotional distress
PEOPLE v GENOSA Jan 15, 2004 To be considered a battered woman, the
accused and her spouse must go through the battering cycle at least twice. If
a woman is in an abusive relationship with a man and it occurs the second
time but remains in the situation, then she is considered a battered woman.

Submitted By: Guzmana, Jimmarie C.

Abdullah D. Macagaan
Page 8

Submitted To: Prosecutor

[SPECIAL PENAL LAWS]

II.

Juvenile Justice and Welfare Act of 2006 (R.A. 9344)

DEFINITION OF TERMS (Sec. 4)

BEST INTEREST OF THE CHILD - refers to the totality of the
circumstances and conditions which are most congenial to the survival,
protection and feelings of security of the child and most encouraging to
the child's physical, psychological and emotional development. It also
means the least detrimental available alternative for safeguarding
the growth and development of the child.
CHILD AT RISK - refers to a child who is vulnerable to and at the risk
of committing criminal offenses because of personal, family and social
circumstances, such as, but not limited to, the following:
1. being abused by any person through sexual, physical, psychological,
mental, economic or any other means and the parents or guardian
refuse, are unwilling, or unable to provide protection for the child;
Submitted By: Guzmana, Jimmarie C.
Abdullah D. Macagaan
Page 9

Submitted To: Prosecutor

[SPECIAL PENAL LAWS]

2. being exploited including sexually or economically;
3. being abandoned or neglected, and after diligent search and inquiry,
the parent or guardian cannot be found;
4. coming from a dysfunctional or broken family or without a parent or
guardian;
5. being out of school;
6. being a streetchild;
7. being a member of a gang;
8. living in a community with a high level of criminality or drug abuse;
and
9. living in situations of armed conflict.
CHILD IN CONFLICT WITH THE LAW - refers to a child who is alleged
as, accused of, or adjudged as, having committed an offense under
Philippine
laws.
DIVERSION - refers to an alternative, child-appropriate process of
determining the responsibility and treatment of a child in conflict with the
law on the basis of his/her social, cultural, economic, psychological or
educational background without resorting to formal court proceedings.
DIVERSION PROGRAM - refers to the program that the child in conflict
with the law is required to undergo after he/she is found responsible for an
offense
without
resorting
to
formal
court
proceedings.
INTERVENTION - refers to a series of activities which are designed to
address issues that caused the child to commit an offense. It may take the
form of an individualized treatment program which may include
counseling, skills training, education, and other activities that will
enhance his/her psychological, emotional and psycho-social well-being.
RESTORATIVE JUSTICE - refers to a principle which requires a process of
resolving conflicts with the maximum involvement of the victim, the
offender and the community. It seeks to obtain reparation for the victim;
reconciliation of the offender, the offended and the community; and
reassurance to the offender that he/she can be reintegrated into society. It
also enhances public safety by activating the offender, the victim and the
community
in
prevention
strategies.
STATUS OFFENSES - refers to offenses which discriminate only against a
child, while an adult does not suffer any penalty for committing similar
acts. These shall include curfew violations; truancy, parental disobedience
and the like.
MINIMUM AGE OF CRIMINAL RESPONSIBILITY (Sec. 6)
1. ABSOLUTE EXEMPTION: a child 15 years of age or under at the time of the
Submitted By: Guzmana, Jimmarie C.
Abdullah D. Macagaan
Page 10

Submitted To: Prosecutor

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commission of the offense
2. CONDITIONAL EXEMPTION: a child above 15 years but below 18 years of
age
3. NON-EXEMPTION: a child above 15 years but below 18 years of age, if
shown he or she has acted with discernment
4. CIVIL LIABILITY: exemption from criminal liability does not include civil
liability
PRESUMPTION OF MINORITY (Sec. 7)

Submitted By: Guzmana, Jimmarie C.

Abdullah D. Macagaan
Page 11

Submitted To: Prosecutor