(Garcia vs. Drilon, G.R. No.

179267, June 25, 2013)

R.A. 9262 does not violate the guaranty of equal protection of the laws. It is not an “anti-male,”
“husband-bashing,” and “hate-men” law.

R.A. 9262 covers lesbian relationships.

The grant of a TPO (Temporary Protection Order) without a hearing does not violate the
Constitutional right to due process.

The non-referral of a VAWC (violence against women and children) case to a mediator is
justified.

RA 9262 does not unduly delegate judicial power to barangay officials. The BPO (Barangay
Protection Order) is purely executive in nature in keeping with the barangay captain's duty
under the Local Government Code to “enforce all laws and ordinances,” and to “maintain
public order in the barangay.”

1. RA 9262 speaks of several kinds of violence. Repeated verbal abuse, public humiliation, etc
these fall under psychological violence the penalty of which is six years minimum up to twelve
years maximum (if the act is done while the woman is pregnant or in the presence of the
common children).

2. RA 9262 is also violated when the man forces the woman to have sexual relations.

3. Text messages can be given as evidence. Your friend’s testimony by itself is also evidence.

4. A BPO (Barangay Protection Order) can only be issued for limited grounds and is good only
for fifteen days. The 15-day period is supposed to give the abused woman enough time to file
the case in court for a TPO (Temporary Protection Order) or a PPO (Permanent Protection
Order). Tell your friend not ask for a BPO anymore but go straight to Court. RA 9262 cases are
not subject to barangay conciliation.

Your friend can also ask for help from the police officer in charge of the Women and Children’s
Desk in the nearest PNP station, OR from the DSWD project called Melissawatch.

What is the legal definition of “violence against women and their children?”

“Violence against women and their children” is any act or series of acts committed by any
person against a woman with whom the person has or had a sexual or dating relationship, 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.

Can RA 9262 apply even to those who are not married?

Yes, RA 9262 applies also to those persons involved in a “dating relationship.” The term refers
to “a situation where 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 a dating relationship.”

What does RA 9262 mean by “sexual relations?”

The term refers to “a single sexual act which may or may not result in the bearing of a common
child.” Persons involved in such are covered by the provisions of RA 9262.

What do the terms “battery” and “Battered Woman Syndrome” mean?

“Battery” refers to an act of inflicting physical harm upon the woman or her child resulting to
physical and psychological or emotional distress.

“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.

What is stalking?

The term refers to 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.

What kinds of violence are prohibited by RA 9262?

RA 9262 prohibits physical violence, sexual violence, psychological violence, and economic
abuse.

What is sexual violence?

It refers to an act which is sexual in nature, committed against a woman or her child. It includes
but is not limited to:

1. 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 victim’s body, forcing him/her to watch obscene publications and
indecent shows or forcing the woman or her child to do indecent acts and/or to 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;
2. acts causing or attempting to cause the victim to engage in any sexual activity by force,
threat of force, physical or other harm or coercion;
3. prostituting the woman or child.
What is psychological violence?

“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:

1. intimidation
2. harassment
3. stalking
4. damage to property
5. public ridicule or humiliation
6. repeated verbal abuse
7. marital infidelity
8. causing or allowing the victim to witness the physical, sexual or psychological abuse of a
member of a family to which the victim belongs
9. causing victim to witness pornography in any form or to witness abusive injury to pets
10. unlawful or unwanted deprivation of the right to custody and/or visitation of common
children.

Why does RA 9262 seem to overemphasize psychological violence? What are the effects of
psychological or emotional abuse?

Neil Jacobson and John Gottman in their study “When Men Batter Women” relate the insidious
effects of psychological or emotional abuse as follows:

 Emotional abuse is harder to live with than being beaten and it means something
different to women when it occurs with physical abuse.
 Despite the pain and bruises inflicted by punching, kicking and worse mayhem, it is the
scarring left by an emotionally abusive husband that is more likely to trigger a battered
wife’s decision to leave her spouse.
 Emotional abuse is more oppressive, particularly when it is frequent. It can be present
every day, every waking hour, 24 hours a day. What men are doing with emotional
abuse is almost like mind control.

What is economic abuse?

“Economic Abuse” refers to acts that make or attempt to make a woman financially dependent
which includes but is not limited to the following:

1. 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.
2. 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;
 3. destroying household property;
4. controlling the victims’ own money or properties or solely controlling the conjugal
money or properties.

What are the specific acts of violence punishable under RA 9262?

Section 5 of RA 9262 enumerates the specific acts of violence against women and their children.
These are the following:

[a] Causing physical harm to the woman or her child;

[b] Threatening to cause the woman or her child physical harm;

[c] Attempting to cause the woman or her child physical harm;

[d] Placing the woman or her child in fear of imminent physical harm;

[e] 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 or her child.

[f] Inflicting or threatening to inflict physical harm on one’s self for the purpose of controlling
her actions or decisions;

[g] 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;

[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.

[i] 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 or access to the woman’s child/children.
What prohibited acts are included under paragraph [e] above?

Paragraph [e] of Section 5 states: “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 or her child.”

This includes the following acts committed with the purpose or effect of controlling or
restricting the woman’s or her child’s movement or conduct:

1. Threatening to deprive or actually depriving the woman or her child of custody to

her/his family;
2. Depriving or threatening to deprive the woman or her children of financial support
legally due her or her family, deliberately providing the woman’s children insufficient
financial support;
3. Depriving or threatening to deprive the woman or her child of a legal right;
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.

What prohibited acts are included under paragraph [h] of Section 5?

Paragraph [h] of Section 5 states: “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 includes the following acts:

1. Stalking or following the woman or her child in public or private places;

2. Peering in the widow or lingering outside the residence of the woman or her child;
3. Entering or remaining in the dwelling or on the property of the woman or her child
against her/his will;
4. Destroying the property and personal belongings of inflicting harm to animals or pets of
the woman or her child; and
5. Engaging in any form of harassment or violence.

What are the penalties for acts of violence against women?

Section 6 of RA 9262 provides for penalties for various prohibited acts of violence against
women and their children. These are the following:

[1] 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.
[2] If these acts resulted in mutilation, it shall be punishable in accordance with the Revised
Penal Code; those constituting serious physical injuries shall have the penalty of prision mayor;
those constituting less serious physical injuries shall be punished by prision correccional; and
those constituting slight physical injuries shall be punished arresto mayor.
[3] Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower than
the prescribed penalty for the consummated crime as specified in the preceding paragraph but
shall in no case be lower than arresto mayor.
[4] Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;
[5] Acts falling under Section 5(e) shall be punished by prision correccional;
[6] Acts falling under Section 5(f) shall be punishable by arresto mayor;
[7] Acts falling under Section 5(g) shall be punished by prision mayor;
[8] Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.
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 prescribed in this
section.

What do the terms “prision mayor,” “arresto mayor,” etc. mean?

Prision mayor – Penalty of imprisonment is from 6 years and 1 day to 12 years; minimum -
from 6 years and 1 day to 8 years; maximum - from 10 years and 1 day to 12 years.

Prision correctional - Penalty of imprisonment is from 6 months and 1 day to 6 years ;

minimum - from 6 months and 1 day to 2 years and 4 months; maximum - from 4 years, 2
months and 1 day to 6 years

Arresto mayor - Penalty of imprisonment is from 1 month and 1 day to 6 months; minimum -
from 1 to 2 months; maximum - from 4 months and 1 day to 6 months.

Beside imprisonment, are there any other penalties provided by RA 9262?

Yes, in addition to imprisonment, the perpetrator must:

1. pay a fine in the amount of not less than One Hundred Thousand Pesos but not more
than Three Hundred Thousand Pesos;
2. undergo mandatory psychological counseling or psychiatric treatment and must report
compliance to the court.

What court has jurisdiction over RA 9262 cases?

The Regional Trial Court designated as a Family Court has original and exclusive jurisdiction
over cases of violence against women and their children.

In the absence of such court in the place where the offense was committed, the case must be
filed in the Regional Trial Court where the crime or any of its elements was committed at the
option of the complainant.

Is it only the woman-victim of abuse who can report the offense to the police authorities?

Under Section 25 of RA 9262, violence against women and their children are considered as a
public crime. This means that the case may be prosecuted upon the filing of a complaint by any
citizen having personal knowledge of the circumstances involving the commission of the crime.

If a person witnesses abuse being committed against a woman or her child and intervenes,
does that person have any liability?
Section 34 of RA 9262 provides: "In every case of violence against women and their children,
any person, private individual or police authority or barangay official, who acting in accordance
with law, responds or intervenes without using violence or restraint greater than necessary to
ensure the safety of the victim, shall not be liable for any criminal, civil or administrative
liability resulting therefrom."

What are the rights of victims under RA 9262?

Section 35 of RA 9262 that in addition to their rights under existing laws, victims of violence
against women and their children have the following rights:

[a] to be treated with respect and dignity;

[b] to avail of legal assistance from the PAO of the Department of Justice (DOJ) or any public
legal assistance office;

[c] to be entitled to support services from the DSWD and LGUs;

[d] to be entitled to all legal remedies and support under the Family Code; and

[e] to be informed of their rights and the services available to them including their right to apply
for a protection order.
Section 36 also provides that any victim of violence under this Act are entitled to actual,
compensatory, moral and exemplary damages.

Section 40 obligates the DSWD and local government units to provide mandatory programs and
service for victims such as temporary shelters, provide counseling, psycho-social services or
recovery, rehabilitation programs and livelihood assistance. The DOH must provide medical
assistance to victims.

A woman-victim might be prejudiced in her employment if she takes time off to get medical
treatment or to seek police and legal assistance in filing her case. What provision if any does
RA 9262 have in this situation?

Section 43 of RA 9262 provides that victims are entitled to take a paid leave of absence up to ten
days in addition to other paid leaves under the Labor Code and Civil Service Rules and
Regulations, extendible when the necessity arises as specified in the protection order.

Any employer who prejudices the right of the person under this section must be penalized
according to the provisions of the Labor Code and Civil Service Rules and regulations.

Likewise, an employer who prejudices any person for assisting a co-employee who is a victim
under this Act must be held liable for discrimination.

What if the perpetrator of abuse against a woman or her child tries to evade prosecution by
leaving the country?
Section 37 of RA 9262 states: "The court shall expedite the process of issuance of a hold
departure order in cases prosecuted under this Act."

What are the responsibilities of doctors, nurses and healthcare workers under RA 9262?

Section 31 of RA 9262 provides, among other things, that healthcare providers should:

[a] automatically provide the victim free of charge a medical certificate concerning the
examination or visit;

[b] safeguard the records and make them available to the victim upon request at actual cost; and

[c] provide the victim immediate and adequate notice of rights and remedies under RA 9262,
and the services available to them.
Why is there a need for information and training of healthcare providers? By the nature of
their work, aren’t they already familiar with domestic violence, their causes and
manifestations?

A study by Evan Stark and Ann Flitcraft (“Medical Therapy as Repression: The Case of the
Battered Woman,” Health and Medicine, 1982) discovered that out of one million women who
sought medical treatment for injuries inflicted by their husbands or boyfriends, doctors
correctly identified the injuries as a result of battering only four percent of the time.

What prevents a woman or her children or both from filing a case is the possible shame and
embarrassment in their community. What are the provisions of RA 9262 to ensure the
confidentiality of the victims and the case?

Section 44 provides the following safeguards and penalties so as to ensure confidentiality:

1. All records pertaining to cases of violence against women and their children including
those in the barangay shall be confidential and all public officers and employees and
public or private clinics to hospitals shall respect the right to privacy of the victim.
2. Whoever publishes or causes to be published, in any format, the name, address,
telephone number, school, business address, employer, or other identifying information
of a victim or an immediate family member, without the latter’s consent, shall be liable
to the contempt power of the court.
3. Any person who violates this provision shall suffer the penalty of one year
imprisonment and a fine of not more than Five Hundred Thousand Pesos.

What can be done for the offenders?

Section 41 provides that the DSWD must provide rehabilitative counseling and treatment to
perpetrators towards learning constructive ways of coping with anger and emotional outburst
and reforming their ways. When necessary, the offender must be ordered by the Court to
submit to psychiatric treatment or confinement.

The provisions of RA 9262 on protection orders are discussed below in question and answer
format.

What is a protection order?

Section 8 of RA 9262 defines “protection order” as an order issued for the purpose of preventing
further acts of violence against a woman or her children specified in Section 5 and granting
other necessary relief.

The provisions of the protection orders must be enforced by law enforcement agencies.
What are the different kinds of protection orders under RA 9262?

The three kinds of protection orders under RA 9262 are:

1. BPO (Barangay Protection Order);

2. TPO (Temporary Protection Order) issued by the court; and
3. PPO (Permanent Protection Order) issued by the court.

What court has jurisdiction over RA 9262 cases?

The Regional Trial Court designated as a Family Court has original and exclusive jurisdiction
over cases of violence against women and their children.

In the absence of a Family Court in the place where the offense was committed, the case can be
filed in the Regional Trial Court where the crime or any of its elements was committed, at the
option of the complainant.
What are the purposes of a protection order?

The reliefs granted under a protection order are for:

[1] safeguarding the victim from further harm,

[2] minimizing any disruption in the victim’s daily life, and

[3] providing the opportunity and ability of the victim to independently regain control over her
life.
What are the reliefs or remedies under a protection order?

The protection orders that may be issued under Section 8 of RA 9262 include any, some, or all of
the following reliefs:

[a] Prohibition of the respondent from threatening to commit or committing, personally or

through another, any of the acts mentioned in Section 5 of this Act;
[b] Prohibition of the respondent from harassing, annoying, telephoning, contacting or
otherwise communicating with the petitioner, directly or indirectly;

[c] Removal and exclusion of the respondent from the residence of the petitioner, regardless of
ownership of the residence, either temporarily for the purpose or protecting the petitioner, or
permanently where no property rights are violated, and if respondents must remove personal
effects from the residence, the court shall direct a law enforcement agent to accompany the
respondent has gathered his things and escort respondent from the residence;

[d] Directing the respondent to stay away from petitioner and designated family or household
member at a distance specified by the court, and to stay away from the residence, school, place
of employment, or any specified place frequented by the petitioner and any designated family
or household member;

[e] Directing lawful possession and use by petitioner of an automobile and other essential
personal effects, regardless of ownership, and directing the appropriate law enforcement officer
to accompany the petitioner to the residence of the parties to ensure that the petitioner is safely
restored to the possession of the automobile and other essential personal effects, or to supervise
the petitioner’s or respondent’s removal of personal belongings;

[f] Granting temporary or permanent custody of a child or children to the petitioner;

[g] Directing the respondent to provide support to the woman or her child if entitled to legal
support. Notwithstanding other laws to the contrary, the court shall order an appropriate
percentage of the income or salary of the respondent to be withheld regularly by the
respondent’s employer for the same to be automatically remitted directly to the woman.

Failure to remit or withhold or any delay in the remittance of support to the woman or her
children without justifiable cause will render the respondent or his employer liable for indirect
contempt of court;

[h] Prohibition of the respondent from any use or possession of any firearm or deadly weapon
and order him to surrender the same to the court for appropriate disposition by the court,
including revocation of license and disqualification to apply fore any license to use or possess a
firearm. If the offender is a law enforcement agent, the court shall order the offender to
surrender his firearm and shall direct the appropriate authority to investigate on the offender
and take appropriate action on the matter;

[i] Restitution for actual damages caused by the violence inflicted, including but not limited to,
property damage, medical expenses, childcare expenses and loss of income;

[j] Directing the DSWD or any appropriate agency to provide what the petitioner may need; and

k] Provision of such other forms of relief as the court deems necessary to protect and provide
for the safety of the petitioner and any designated family or household member, provided
petitioner and any designated family or household member consents to such relief.
Any of the reliefs provided above shall be granted even in the absence of a decree of legal
separation or annulment or declaration of absolute nullity of marriage.
Is it only the woman-victim or her children who can ask for the issuance of a protection
order?

No. Violence against women or their children is considered as a public offense under Section 25
of RA 9262. Section 9 of RA 9262 enumerates the persons, besides the woman or her children,
who can file the petition for a protection order. These persons are:

 parents or guardians of the 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 local government units
(LGUs);
 police officers, preferably those in charge of women and children’s desks;
 Punong Barangay or Barangay Kagawad;
 lawyer, counselor, therapist or healthcare provider of the petitioner; or
 at least two concerned responsible citizens of the city or municipality where the violence
against women and their children took place and who have personal knowledge of the
offense committed.

What are the procedures in applying for a protection order?

Section 11 of RA 9262 provides the steps in applying for a protection order:

The application for a protection order must be in writing, signed and verified under oath by the
applicant.

It may be filed as an independent action or as incidental relief in any civil or criminal case the
subject matter or issues thereof partakes of violence as described in this Act.

A standard protection order application form, written in English with translation to the major
local languages, is available to facilitate applications for protection order, and contains, among
others, the following information:

[1] names and addresses of the petitioner and respondent

[2] description of relationships between petitioner and respondent;

[3] a statement of the circumstances of the abuse;description of the reliefs requested by

petitioner as specified in Section 8 herein;

[4] request for counsel and reasons for such;

[5] request for waiver of application fees until hearing; and

[6] an attestation that there is no pending application for a protection order in another court.

If the applicant is not the victim, the application must be accompanied by an affidavit of the
applicant certifying to (a) the circumstances of the abuse suffered by the victim and (b) the
circumstances of consent given by the victim for the filing of the application. When disclosure of
the address of the victim will pose danger to her life, it must be so stated in the application. In
such a case, the applicant shall attest that the victim is residing in the municipality or city over
which the court has territorial jurisdiction, and must provide a mailing address for purpose of
service processing.

An application for protection order filed with a court is an application for both a TPO and PPO.

Barangay officials and court personnel must assist applicants in the preparation of the
application. Law enforcement agents must also extend assistance in the application for
protection orders in cases brought to their attention.
Does the TPO or PPO have valid effect only within the jurisdiction of the court that issued
the order?

Section 12 of RA 9262 provides: “All TPOs and PPOs issued under this Act shall be enforceable
anywhere in the Philippines and a violation thereof shall be punishable with a fine ranging
from Five Thousand pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or
imprisonment of six (6) months.”
What are the procedures in the issuance of a Barangay Protection Order?

Section 14 of RA 9262 provides for the following procedures:

A Punong Barangay who receives applications for a BPO must issue the protection order to the
applicant on the date of filing after ex parte determination of the basis of the application.

[1] If the Punong Barangay is unavailable to act on the application for a BPO, the application
must be acted upon by any available Barangay Kagawad.

[2] If the BPO is issued by a Barangay Kagawad, the order must be accompanied by an
attestation by the Barangay Kagawad that the Punong Barangay was unavailable at the time of
the issuance of a BPO.

[3] BPOs are effective for fifteen days.

[4] Immediately after the issuance of an ex parte BPO, the Punong Barangay or Barangay
Kagawad must personally serve a copy of the same on the respondent, or direct any barangay
official to effect its personal service.

[5] The parties may be accompanied by a non-lawyer advocate in any proceeding before the
Punong Barangay.

The BPO is limited only to the following reliefs or remedies:

[a] Prohibition of the respondent from threatening to commit or committing, personally or
through another, any of the acts mentioned in Section 5 of this Act;

[b] Prohibition of the respondent from harassing, annoying, telephoning, contacting or

otherwise communicating with the petitioner, directly or indirectly.
If the barangay issued a BPO, will this prevent the woman-victim or her children from going
to court and asking for a TPO or a PPO?

The issuance of a Barangay Protection Order or the pendency of an application for BPO does
not prevent a petitioner from applying for, or the court from granting a TPO or PPO.
What is a Temporary Protection Order (TPO)?

Section 15 of RA 9262 defines a TPO as the protection order issued by the court on the date of
filing of the application after ex parte determination that such order should be issued.

Ex parte determination means that the offender does not need to be notified of the hearing or to
be present during the hearing for the issuance of a TPO.
What can the court provide for in a TPO?

A court may grant in a TPO any, some or all of all the reliefs mentioned in Section 8 of RA 9262.
The TPO is effective for thirty days. The court must schedule a hearing on the issuance of a PPO
on or before the date of the expiration of the TPO.

The court must order the immediate personal service of the TPO on the respondent by the court
sheriff who may obtain the assistance of law enforcement agents for the service. The TPO must
include notice of the date of the hearing on the merits of the issuance of a PPO.
What is a Permanent Protection Order (PPO)?

Section 16 of RA 9262 defines “Permanent Protection Order” (PPO) as the protection order
issued by the court after notice and hearing.

While a TPO may be decided ex parte, notice to the alleged offender and due hearing are
necessary for the issuance of a PPO.
What if the offender refuses or fails to appear during the hearing for the issuance of a PPO?

The alleged offender cannot frustrate justice by refusing or failing to appear during the hearing.
RA 9262 provides for the following:

[1] Respondent’s non-appearance despite proper notice, or his lack of a lawyer, or the non-
availability of his lawyer shall not be a ground for rescheduling or postponing the hearing on
the merits of the issuance of a PPO.

[2] If the respondent appears without counsel on the date of the hearing on the PPO, the court
shall appoint a lawyer for the respondent and immediately proceed with the hearing.

[3] In case the respondent fails to appear despite proper notice, the court shall allow ex parte
presentation of the evidence by the applicant and render judgment on the basis of the evidence
presented.
What are the procedures to be followed by the court in the hearing for the issuance of a PPO?

RA 9262 provides for the following procedures:

[1] The court shall allow the introduction of any history of abusive conduct of a respondent
even if the same was not directed against the applicant or the person for whom the application
is made.

[2] The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a
PPO in one day.

[3] Where the court is unable to conduct the hearing within one day and the TPO issued is due
to expire, the court must continuously extend or renew the TPO for a period of thirty days at
each particular time until a final judgment is issued. The extended or renewed TPO may be
modified by the court as may be necessary or applicable to address the needs of the applicant.

[4] The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A
PPO is effective until revoked by a court upon application of the person in whose favor the
order was issued.

[5] The court must ensure immediate personal service of the PPO on respondent.

[6] The court must not deny the issuance of protection order on the basis of the lapse of time
between the act of violence and the filing of the application.

[7] Regardless of the conviction or acquittal of the respondent, the Court must determine
whether or not the PPO should become final. Even in a dismissal, a PPO must be granted as
long as there is no clear showing that the act from which the order might arise did not exist.
What should the copy of the protection order contain?

Section 17 of RA 9262 provides that the following statement must be printed in boldfaced type
or in capital letters on the protection order issued by the Punong Barangay or Court:
“VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW”
What will happen if the barangay or the court fails to observe the periods mentioned in RA
9262?

Section 18 provides that failure to act on an application for a protection order within the
prescribed period without justifiable cause will render the official or judge administratively
liable.
What if the barangay council or the judges are busy with other matters?

Section 20 provides that application for a protection order must have priority:

[1] Barangay officials and the courts must schedule and conduct hearings on applications for a
protection order under this Act above all other business and, if necessary, suspend other
proceedings in order to hear applications for a protection order.

[2] Ex parte and adversarial hearings to determine the basis of applications for a protection
order under RA 9262 must have priority over all other proceedings.
What if the barangay issued a BPO but the woman’s intimate partner violates it by inflicting
harm or threatening the woman and/or her child?

Under Section 21, violation of a BPO is punishable by imprisonment of thirty days without
prejudice to any other criminal or civil action that the offended party may file for any of the acts
committed.

[1] A complaint for a violation of a BPO issued under this Act must be filed directly with any
municipal trial court, metropolitan trial court, or municipal circuit trial court that has territorial
jurisdiction over the barangay that issued the BPO.

[2] A judgment of violation of a BPO may be appealed according to the Rules of Court. During
trial and upon judgment, the trial court may on its own issue a protection order as it deems
necessary without need of an application.
What are the consequences if a TPO or a PPO is violated?

Violation of any provision of a TPO or a PPO issued under this Act constitutes contempt of
court punishable under Rule 71 of the Rules of Court, without prejudice to any other criminal or
civil action that the offended party may file for any of the acts committed.
What consequences, if any, are there if barangay or police officials refuse to act on a
complaint filed by an abused woman or her children?

Any barangay official or law enforcer who fails to report the incident is liable for a fine not
exceeding ten thousand pesos or whenever applicable criminal, civil or administrative liability.
Are complaints for violations of RA 9262 covered by the barangay justice system, or by
mediation and conciliation?

No. Section 33 provides that the following are prohibited acts:

[1] A Punong Barangay, Barangay Kagawad or the court hearing an application for a protection
order must not order, direct, force or in any way unduly influence the applicant for a protection
order to compromise or abandon any of the reliefs sought in the application for protection
under RA 9262.

[2] Section 7 of the Family Courts Act of 1997 and Sections 410, 411, 412 and 413 of the Local
Government Code of 1991 do not apply in proceedings where relief is sought under RA 9262.

[3] Failure to comply with this Section will render the official or judge administratively liable.

The "Battered Woman Syndrome" as defense

Spousal abuse: In the name of submission?

Our subject deals with one of the tragic realities of life – spousal abuse. My previous article
“Hope and help for the battered woman: Statistics on domestic violence” paints a very grim
picture of spousal abuse as a worldwide phenomenon. The article on the “Battered Woman
Syndrome” (BWS) is taken from the Supreme Court decision in the case of Marivic Genosa, a
Leyteña convicted of murdering her husband for which the trial court imposed on her the
death penalty.On automatic appeal of Genosa’s case to the High Court, nationally-known
lawyer Katrina Legarda introduced BWS as Genosa’s defense. The Court decided the case
several months before the passage of Republic Act 9262 or the “Anti-Violence Against Women
and Their Children Act of 2004” into law in March 2004.

As you can read from my Legal Updates article, the Court took BWS into consideration but
said that [1] the presence of the syndrome was not proven in Genosa’s case; and [2] the Court’s
hands were tied by the prevailing provisions of the Revised Penal Code which did not consider
BWS as a justifying circumstance that would enable Genosa to claim valid self-
defense. Nevertheless, the Supreme Court considered two mitigating circumstances in
Genosa’s favor, reduced her penalty, and for time already served, ordered Genosa’s release
from the Correctional Institution for Women in Mandaluyong.

The Supreme Court’s decision is quite a read, even for law students, but if you’re a counselor,
pastor, or someone who personally knows a battered woman, you should take the time and
effort in understanding it.

"Battered Woman Syndrome" defined and as a defense in criminal cases

Please take note that Republic Act 9262 or the “Anti-Violence Against Women and their
Children Act of 2004” became law after the Genosa decision. RA 9262 defines BWS as “a
scientifically defined pattern of psychological and behavioral symptoms found in women living in
battering relationships as a result of cumulative abuse.”

Section 26 of RA 9262 discusses the “Battered Woman Syndrome” as a defense, to wit,

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 self-defense 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.

In layman’s terms, now, under RA 9262, if an abused woman kills or inflict physical injuries
on her abusive husband or live-in partner, once the trial court determines that she is
suffering from the “Battered Woman Syndrome,” the court will declare her not guilty.(As I
mentioned above, the Court stated that BWS was not proven in Genosa’s case and that the
provisions of the Revised Penal Code on the elements of justifying circumstances on self-
defense thus had to be followed.)
Characteristics of a battered woman

During the re-hearing at the Leyte trial court, expert witnesses Dra. Natividad Dayan and Dr.
Pajarillo testified on what the Battered Woman Syndrome was. The Supreme Court decision
states in detail what BWS is. For the sake of clarity, I have numbered the paragraphs of this
portion of the Court’s decision.
[1] In claiming self-defense, Genosa raises the novel theory of the battered woman syndrome.
While new in Philippine jurisprudence, the concept has been recognized in foreign jurisdictions
as a form of self-defense or, at the least, incomplete self-defense. By appreciating evidence that a
victim or defendant is afflicted with the syndrome, foreign courts convey their “understanding
of the justifiably fearful state of mind of a person who has been cyclically abused and controlled
over a period of time.”

[2] A battered woman has been defined as a woman “who is repeatedly subjected to any
forceful physical or psychological behavior by a man in order to coerce her to do something he
wants her to do without concern for her rights. Battered women include wives or women in any
form of intimate relationship with men. Furthermore, in order to be classified as a battered
woman, the couple must go through the battering cycle at least twice. Any woman may find
herself in an abusive relationship with a man once. If it occurs a second time, and she remains in
the situation, she is defined as a battered woman.”

[3] Battered women exhibit common personality traits, such as low self-esteem, traditional
beliefs about the home, the family and the female sex role; emotional dependence upon the
dominant male; the tendency to accept responsibility for the batterer’s actions; and false hopes
that the relationship will improve.

[4] More graphically, the battered woman syndrome is characterized by the so-called “cycle of
violence,” which has three phases: (1) the tension-building phase; (2) the acute battering
incident; and (3) the tranquil, loving (or, at least, nonviolent) phase.

[5] During the tension-building phase, minor battering occurs - it could be verbal or slight
physical abuse or another form of hostile behavior. The woman usually tries to pacify the
batterer through a show of kind, nurturing behavior; or by simply staying out of his way. What
actually happens is that she allows herself to be abused in ways that, to her, are comparatively
minor. All she wants is to prevent the escalation of the violence exhibited by the batterer. This
wish, however, proves to be double-edged, because her “placatory” and passive behavior
legitimizes his belief that he has the right to abuse her in the first place.

[6] However, the techniques adopted by the woman in her effort to placate him are not usually
successful, and the verbal and/or physical abuse worsens. Each partner senses the imminent
loss of control and the growing tension and despair. Exhausted from the persistent stress, the
battered woman soon withdraws emotionally. But the more she becomes emotionally
unavailable, the more the batterer becomes angry, oppressive and abusive. Often, at some
unpredictable point, the violence “spirals out of control” and leads to an acute battering
incident.

[7] The acute battering incident is said to be characterized by brutality, destructiveness and,
sometimes, death. The battered woman deems this incident as unpredictable, yet also
inevitable. During this phase, she has no control; only the batterer may put an end to the
violence. Its nature can be as unpredictable as the time of its explosion, and so are his reasons
for ending it. The battered woman usually realizes that she cannot reason with him, and that
resistance would only exacerbate her condition.

[8] At this stage, she has a sense of detachment from the attack and the terrible pain, although
she may later clearly remember every detail. Her apparent passivity in the face of acute violence
may be rationalized thus: the batterer is almost always much stronger physically, and she
knows from her past painful experience that it is futile to fight back. Acute battering incidents
are often very savage and out of control, such that innocent bystanders or intervenors are likely
to get hurt.

[9] The final phase of the cycle of violence begins when the acute battering incident ends.
During this tranquil period, the couple experience profound relief. On the one hand, the
batterer may show a tender and nurturing behavior towards his partner. He knows that he has
been viciously cruel and tries to make up for it, begging for her forgiveness and promising
never to beat her again. On the other hand, the battered woman also tries to convince herself
that the battery will never happen again; that her partner will change for the better; and that
this “good, gentle and caring man” is the real person whom she loves.

[10] A battered woman usually believes that she is the sole anchor of the emotional stability of
the batterer. Sensing his isolation and despair, she feels responsible for his well-being. The
truth, though, is that the chances of his reforming, or seeking or receiving professional help, are
very slim, especially if she remains with him. Generally, only after she leaves him does he seek
professional help as a way of getting her back. Yet, it is in this phase of remorseful reconciliation
that she is most thoroughly tormented psychologically.

[11] The illusion of absolute interdependency is well-entrenched in a battered woman’s psyche.

In this phase, she and her batterer are indeed emotionally dependent on each other -- she for his
nurturant behavior, he for her forgiveness. Underneath this miserable cycle of “tension,
violence and forgiveness,” each partner may believe that it is better to die than to be separated.
Neither one may really feel independent, capable of functioning without the other.
Effects of battering

The Supreme Court, based on the testimonies of the expert witnesses presented in Genosa’s
defense, summarized the effects when a woman is abused over a period of time. Again, for the
sake of clarity, I have numbered the paragraphs of this particular portion of the Court’s
decision.
[1] Because of the recurring cycles of violence experienced by the abused woman, her state of
mind metamorphoses. In determining her state of mind, we cannot rely merely on the judgment
of an ordinary, reasonable person who is evaluating the events immediately surrounding the
incident. A Canadian court has aptly pointed out that expert evidence on the psychological
effect of battering on wives and common law partners are both relevant and necessary. “How
can the mental state of the appellant be appreciated without it? The average member of the
public may ask: Why would a woman put up with this kind of treatment? Why should she
continue to live with such a man? How could she love a partner who beat her to the point of
requiring hospitalization? We would expect the woman to pack her bags and go. Where is her
self-respect? Why does she not cut loose and make a new life for herself? Such is the reaction of
the average person confronted with the so-called ‘battered wife syndrome.’”

[2] To understand the syndrome properly, however, one’s viewpoint should not be drawn from
that of an ordinary, reasonable person. What goes on in the mind of a person who has been
subjected to repeated, severe beatings may not be consistent with -- nay, comprehensible to --
those who have not been through a similar experience. Expert opinion is essential to clarify and
refute common myths and misconceptions about battered women.

[3] The theory of BWS formulated by Lenore Walker, as well as her research on domestic
violence, has had a significant impact in the United States and the United Kingdom on the
treatment and prosecution of cases, in which a battered woman is charged with the killing of
her violent partner. The psychologist explains that the cyclical nature of the violence inflicted
upon the battered woman immobilizes the latter’s “ability to act decisively in her own interests,
making her feel trapped in the relationship with no means of escape.” In her years of research,
Dr. Walker found that “the abuse often escalates at the point of separation and battered women
are in greater danger of dying then.”

[4] Corroborating these research findings, Dra. Dayan said that “the battered woman usually
has a very low opinion of herself. She has self-defeating and self-sacrificing characteristics.”
When the violence would happen, they usually think that they provoked it, that they were the
ones who precipitated the violence; that they provoked their spouse to be physically, verbally
and even sexually abusive to them.”
As I pointed out in the introductory portion of this article, the Supreme Court decided the
Genosa case several months before RA 9262 was promulgated. Now RA 9262, specifically
Section 26, expressly provides for the “Battered Woman Syndrome” as a defense, even in the
absence of any of the elements for justifying circumstances of self-defense under the Revised
Penal Code.

Spousal abuse: In the name of submission?

In the area of relationships and marriage, there cannot be a more explosive and divisive issue
than that of the headship of men and the submission of women. Sometime in the late 1990’s, I
think, the Southern Baptist Convention issued an official statement asking women to
“graciously submit” to their husbands. Needless to say, that statement was greeted with
controversy, scorn and ridicule from different sectors and even from within the Convention
itself. Feminist groups have been saying all these time that the Biblical injunction for women to
submit to their husbands is an open invitation for spousal abuse.

If you want a thorough discussion of the Biblical doctrines of the headship of men and the
submission of women, I recommend the following books to you:
[1] “Strike the Original Match” by Chuck Swindoll; Multnomah Press © 1980; specifically the
chapters entitled “Let’s Repair the Foundation” and “Bricks that Build a Marriage.”

[2] “The Grace Awakening” also by Chuck Swindoll; Word Publishing, ©1996; specifically the
chapter entitled “A Marriage Oiled by Grace”
[3] “Together Forever” by Anne Kristin Caroll; Zondervan, © 1982 by Barbara J. Denis);
specifically the chapter entitled “Who Wears the Pants?”

[4] “Rocking the Roles” by Robert Lewis and William Hendricks; NavPress, ©1991; specifically
the chapters entitled “The ‘S’ Word” and “The Masculine Counterpart to the ‘S’ Word.”
In a previous article entitled “The Myth of Mutual Submission part 2” , I wrote about the true
story of Lucy Tisland who, like Marivic Genosa, killed her husband after enduring years of
abuse. The question is, “How should individual Christians, pastors and churches respond to
the issue of spousal abuse?”

I have discussed this issue in my article entitled “Hope and help for the battered woman (5):
Biblical response to spousal abuse” but let me re-state here some of the main points of that
article:
[1] Spousal abuse is a sin, and as such, must be dealt with in keeping with Matthew 18, in
situations where the spouses concerned are members of the church.

[2] Spousal abuse is not only a sin, but also a crime punishable under RA 9262. Since Romans 13
commands us to be subject to the higher powers, pastors and church counselors cannot close
their eyes, send the abused woman back into the abusive situation, and simply hope for the
best. God’s miracle and protection for the abused woman have already been provided for in
laws such as RA 9262. Pastors and counselors should therefore be familiar with the provisions
of this law in order to ably counsel abused women on their rights.

What is mediation?

Mediation is a method of “Alternative Dispute Resolution” and under the Supreme Court
guidelines, it is mandatory for all civil cases and some criminal offenses (like BP 22 or bouncing
checks). The court orders the litigants to undergo mediation proceedings before a Supreme
Court-trained mediator, for a period of 30 days. Mediation is informal and the mediator tries to
get the parties to settle the case amicably, on a win-win scenario for all the parties involved. If
the mediation fails, then the case is referred back to court for continuation of trial. But
experience has shown that mediation works well with a high percentage of cases amicably
settled.

Labor dispute cases in the National Labor Relations Commission (NLRC) now also undergo
mandatory conciliation/mediation proceedings. Of course, most of you are familiar with the
mediation proceedings at the barangay level, as provided for by the Local Government Code of
1991.

RA 9262 cases expressly exempted from mediation (by barangay officials, police officers,
social workers, and judges)

It appears from Pia’s report and the Internet resources I checked that California and some other
places in the USA allow mediation proceedings even in domestic violence cases. But, here in the
Philippines, RA 9262, its Implementing Rules and Regulations and the Supreme Court Rule for
RA 9262, all prohibit mediation of cases involving violence against women. You might ask, if
mediation has been proven to work well, then why is it prohibited in RA 9262 cases?

The Supreme Court, quoting the Commentary on Section 311 of the Model Code on
Domestic and Family Violence, gives us the reason why:

Mediation is a process by which parties in equivalent bargaining positions voluntarily reach

consensual agreement about the issue at hand. Violence, however, is not a subject for
compromise. A process which involves parties mediating the issue of violence implies that the
victim is somehow at fault. In addition, mediation of issues in a proceeding for an order of
protection is problematic because the petitioner is frequently unable to participate equally with
the person against whom the protection order has been sought.
Alison E. Gerencser, in an article entitled “Family Mediation: Screening for Domestic
Abuse” (Florida State University Law Review), argues forcefully that domestic violence cases
should be exempted from mediation proceedings. While written in the context of American
society and a bit dated since it was written in 1995, it is a very informative article. Among other
things, Gerencser cites studies that show women have only suffered more abuse after
mediation sessions than after trials.

Anyway, here are the specific provisions that prohibit mediation or conciliation of domestic
violence cases:

RA 9262

Sec. 33. Prohibited Acts. – A Punong Barangay, Barangay Kagawad or the court hearing an
application for a protection order shall not order, direct, force or in any way unduly influence
he applicant for a protection order to compromise or abandon any of the reliefs sought in the
application for protection under this Act. Section 7 of the Family Courts Act of 1997 and
Sections 410, 411, 412 and 413 of the Local Government Code of 1991 shall not apply in
proceedings where relief is sought under this Act.

Failure to comply with this Section shall render the official or judge administratively liable.

Implementing Rules and Regulations

Section 27. Prohibited Acts – A Punong Barangay, Barangay Kagawad, or the court hearing an
application for a protection order shall not order, direct, force or in any way unduly influence
the applicant to compromise or abandon any of the reliefs sought in the application for
protection order under the Act. Section 7 of the Family Courts Act of 1997 and Sections 410, 411,
412 and 413 of the Local Government Code of 1991 shall not apply in proceedings where relief
is sought under the Act.

Failure to comply with this Section shall render the official or judge administratively liable.

Law enforcers and other government personnel shall not mediate or conciliate or influence the
victim-survivor or applicant for a protection order to compromise or abandon the relief sought.
Section 47, paragraph (o): Shall not attempt to influence the victim-survivor to abandon her
claims. All forms of amicable settlement under the Katarungang Pambarangay such as
mediation, settlement, conciliation, arbitration shall not apply to cases of VAWC in the Act xxx

Supreme Court Rule

Sec. 23. Preliminary conference.—

(a) When conducted.—A preliminary conference, which is mandatory, shall be held on the date
indicated in the notice.
(b) Notice.—The notice shall be served the parties, including the offended party, who shall be
required to notify their respective counsels, if any. The parties shall appear in person at the
preliminary conference and submit their position papers setting forth the law and the facts
relied upon by them.
(c) Nature and purpose.—The court shall consider:
(1) The propriety of issuing a protection order. The court shall not deny the issuance of a
protection order due to the lapse of time between the act of violence and the filing of the
petition, subject to Section 24, R.A. No. 9262. The issuance of a barangay protection order or the
pendency of an application for a barangay protection order shall not preclude a petitioner from
applying for, or the court from granting, a protection order;
(2) The simplification of the issues; and
(3) Such other matters as may aid in the prompt disposition of the petition.

The court shall not refer the case or any issue thereof to a mediator.
Perhaps, as judges, lawyers, social workers, police officers and religious ministers gain more
knowledge and experience in handling domestic violence cases, at some stage of the
proceedings, some form of mediation or conciliation could possibly be availed of to end the
violence, mend the marriage and bring unity back to the family. Let’s all MEDITATE on that.