Anti-Violence Against Women and Children

1. The Anti-Violence Against Women & Their Children Act of 2004 Salient Features BY: WILLIAM S.
VARELADedicated to my wife Anne M. Varela as Founder of BIGKIS KABABAIHAN and to her co-founder
Mary Ann Pacio, Rose Evasco, Gemma Lapitan and Annabelle Layanan Keep up the good work as
GOD said in Ephesians 2:10 For we are his workmanship, created in Christ Jesus for good works,
which God prepared beforehand, that we should walk in them.
2. Types of Violence Punishable under this Law PHYSICAL VIOLENCE - Physical injuries - Mutilation
PSYCHOLOGICAL VIOLENCE- acts or omissions causing or likely to cause mental or emotional suffering,
including: - Stalking - Damage or property - Ridicule - Repeated verbal abuse - Depriving the woman of
access to her family - Marital infidelity
3. Types of Violence Punishable under this Law SEXUAL VIOLENCE - Forcing the woman to watch
obscene movies - Forcing the woman to engage in any sexual act
4. Types of Violence Punishable under this Law ECONOMIC ABUSE acts that make or attempt to
make a woman financially dependent, including: - withdrawal of financial support; preventing her from
engaging in a legitimate profession,business or activity - deprivation or threat of deprivation of
financial resources and the right to use conjugal or community property
5. Def.: Violence Against Women & their children (VAWC) any act or series of acts committed by any
PERSON (male or female) against a WOMAN who is his wif e, 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 within or outside the residence
6. Def: VAWC Which result or 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
7. Who are protected Women and children of the abused woman
8. Who are liable Husband, ex-husband Boyfriend or ex Father of the womans child Lesbian
girlfriends/partners or ex partners Any person with whom the woman has/had a sexual or dating
relationship
9. Statutory Construction Liberally construed to promote the protection and safety of victims of
VAWC
10. Sec. 5 Acts of VAWC Causing, threatening, attempting to cause physical harm to woman or her
child Placing the woman or her child in fear of imminent physical harm Attempting or compelling
the women or her child to engage in conduct which they have a right to desist from, or to desist from
conduct which they have a right to engage in
11. Sec. 5 Acts attempting to restrict or restricting the womans or her childs freedom of movement
or conduct by force or threat of force, physical or other harm or threat of physical or other harm,
intimidation directed against the woman or her child
12. Sec. 5 Acts Acts committed with the purpose or effect of controlling or restricting the womans or
her childs movement by: (1) depriving or threatening to deprive the woman or her child or custody or
access to her family (2) depriving them of financial support;insufficient financial support
13. Sec. 5 Acts (3) Depriving or threatening to deprivethe woman or her child of a legal right (4)
Preventing the woman fromengaging in any legitimate profession,occupation, business or activity,
orcontrolling the victims own money orproperties or solely controlling conjugal orcommon money or
properties
14. Sec. 5 Acts Inflicting or threatening to inflict physical harm on one self 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, physical harm, intimidation
directed against the woman, her child, or immediate family *
15. Sec. 5 Acts Engaging in knowing or reckless conduct, personally or through another, that alarms
or causes substantial emotional or psychological distress to the woman or her child, including: (1)
stalking (2) peering in window; lingering outside the residence (3) entering or remaining in the house
or on the property of the woman or her child (4) destroying property and personal belongings or
causing harm to animals, pets (5) engaging in any form of harassment or violence *
16. Sec. 5 Acts Causing mental or emotional anguish, public ridicule, humiliation including repeated
verbal and emotional abuse* denial of financial support or custody of minor children or denial of
access to the womans child * * PRESCRIPTION PERI OD: 10 years. All others, 20 years
17. Sec. 6 Penalties Aggravating circumstance: if the woman or child is pregnant or committed in the
presence of her child, the penalty shall be the maximum of the period of penalty Imprisonment plus :
fine of P100,000- P300,000, and mandatory psychological counseling or psychiatric treatment

18. Venue CRIMINAL ACTION: - Family Court or if none, - In the Regional Trial Court where the crime
or any of its elements was committed, - at the option of the complainant. PROTECTION ORDER :
Family Court in the residence of petitioner, if none, in the RTC, MTC, MCTC
19. Protection Orders PROTECTION ORDER to prevent further acts of violence against a woman or
her child. To safeguard the victim from further harm,minimizing disruption in victims daily life, and
give her the opportunity and ability to regain control over her life. KINDS OF P.O. Barangay
Protection Order - Temporary Protection Order - Permanent Protection Order
20. Protection Orders Prohibition from threatening or committing, personally or through another, any
of acts in Sec. 5 Prohibition from harassing, telephoning, contracting the petitioner Removal and
exclusion from the residence regardless of ownership, temporarily or permanently where no property
rights are violated Stay away from petitioner, any designated family or household member, from
residence, school, workplace, or specified place
21. Protection Orders Directing law enforcer to accompany petitioner to the residence, ensure
possession of automobile and other personal effects; supervise respondents removal of belongings
Temporary or permanent custody of child Support: automatic remittance of salary or income by
employer Directing DSWD or appropriate agency to provide shelter and social services
22. Who may file for Protection Orders (P.O.) Offended party Parents or guardians Ascendants,
descendants, collateral relatives within 4th degree of consanguinity or affinity Social workers of
DSWD or LGUs Police officers 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
23. Barangay Protection Order Issued by Punong Barangay Effective for 15 days only Ordering
perpetrator to desist from committing physical harm or threatening Ex parte proceedings [Sec. 5(a)
& (b)] Kagawad can issue if Punong Barangay is not available
24. Temporary Protection Order Issued by the court on the day of filing Ex parte Priority over all
other cases Effective for 30 days; extendi ble
25. Permanent Protection Order Issued after notice and hearing Priority over all other proceedings
such as election cases, habeas corpus, cases of children (Sec. 20)
26. Public crimeAny citizen having personal knowledge orthe circumstances of the offense may filea
case
27. Battered Woman Syndrome (BWS) BWS- scientifically defined pattern of psychological and
behavioral symptoms found in women living in battering relationships as a result of cumulative
abuse. A defense; justifying circumstance; A victim with BWS is not disqualified from having
custody of her children Perpetrator of woman with BWS shall not have custody
28. Duties of Barangay Officials & Law Enforcers Enter the dwelling whether or not a P.O. has been
issued Confiscate deadly weapon in possession or in plain view Transport or escort the victim to
safe place or clinic, hospital Assist victim in removing personal belongings from the house
29. Duties Ensure enforcement of BPO, TPO, PPO Arrest without a warrant when the acts of
violence is occurring, or When s/he has personal knowledge that abuse has just been committed,
and there is imminent danger to life and limb of victim Immediately report the call for assistance of
DSWD, LGU social workers or accredited NGOs
30. Penalties for failure to report Barangay official or law enforcer who fails to report the incident
shall be liable for fine not exceeding P10,000 or civil, criminal or administrative liability
31. Prohibited Acts Barangay official or the court hearing the applicati on for a P.O. shall not order,
direct, force or in any way influence the applicant to compromise or abandon any of the relief
sought. No mediation or conciliation of acts of VAWC in the barangay
32. Exemption from liability NO CRIMINAL, CIVIL, ADMINISTRATIVE LIABILITY : 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
33. Rights of victims Right to be treated with respect & dignity; Legal assistance; support services
from DSWD, LGUs To be informed of their rights and services available Additional 10 day paid
leave from work aside from present paid leave benefits
34. Counseling & Treatment of Offenders DSWD shall provide rehabilitative counseling and treatment
of perpetrators Constructive ways of coping with anger and reforming their ways. When necessary,
the Court shall order offender to submit to psychiatric treatment or confinement
35. Confidentiality of records Court records and barangay records Right to privacy of victim
Violation: 1 year imprisonment & fine of not more than P500,000
36. THANK YOU.This presentation was prepared by Atty. Rowena V. Guanzon DILG Consultant on GAD
Source: http://www.slideshare.net/bigkiskababaihan/antiviolence-against-women-and-children

Anti-Violence Against Women and Their Children Act

REPUBLIC ACT NO. 9262
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR
PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND
FOR OTHER PURPOSES.
Source: http://hronlineph.com/resources/domestic/ra-9262-anti-violence-against-women-and-theirchildren-act/