Republic Act 9262

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE AND FOR OTHER PURPOSES

Prepared by: Atty. Graciano C. Compe, Jr.

Anti-Violence Against Women and Their Children of 2004."

 What is Violence Against Women and Children (VAWC)?

 Republic Act 9262 or the Anti-VAWC Act

defines violence against women and their children as any act or a series of acts committed by any person against the following:
a woman who is his wife a woman who is his former wife a woman with whom the person has or had a

sexual or dating relationship a woman whom he has a common child a child whether legitimate or illegitimate, within or without the family abode

 What are the acts punishable under the

law?

A. PHYSICAL VIOLENCE:
acts to include bodily or physical harm to include

threat and attempt to cause harm

Woman or her child imminent physical harm

B. SEXUAL VIOLENCE - acts which is sexual in nature committed against women and their children

. - rape, sexual harassment, act of lasciviousness, physically attacking sexual parts of the woman, forcing victims to watch obscene publications and indecent shows
. cause or attempt to cause a woman or her child to engage in sexual activity with se of force or threat of force, physical harm or intimidation

C. PSYCHOLOGICAL VIOLENCE:
act or omission causing or likely to cause mental or emotional suffering of the victim(s) this includes.
- intimidation, harassment, stalking, damage to

property, public ridicule or humiliation, repeated verbal abuse, and marital infidelity

- causing or allowing the victim to witness the physical.

sexual or psychological abuse of any member of the family , witness pornography in any form

- forced to witness cruelty to pets. - Deprivation of custody or visitation to common

children

D. ECONOMIC VIOLENCE:
acts that make or attempt to make financially dependent which includes:
-withdrawal or refusal to provide adequate

financial support,

-preventing the woman in engaging in any

legitimate profession or occupation

controlling conjugal money or property destroying household property

 Is VAWC committed by men

alone?

 No. 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 relationship.

 What are the penalties under the

law?

 Imprisonment and payment of 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 is not an excuse for committing VAWC.

A) Physical Violence Slight Physical Injuries 31 days to 6 months Less Serious Physical Injuries 6 mo to 6 years Serious Physical Injuries which includes mutilation 6 years to 12 years B) Economic Violence 6 m to 6 years

C) Sexual Violence - 6 to 12 years

D) Psychological Violence 6 t0 12 years Special Aggravating Circumstance Pregnancy or in the presence of her child

Section 7. VENUE - Regional Trial Court designated as Family Court. In the absence of such court in place where the offense was committed, the case shall be filed in the RTC where the crime or any of its elements was committed. Section 8. Protection Orders an order issued for the purpose of preventing further acts of violence against a woman or her child and granting other reliefs a) Barangay Protection Order issued and served by the Punong Barangay or the Kagawad in the same day of the application after an ex parte determination to desist from committing furthers act of physical violence b) Venue in the brgy. where the parties both resides or where the offender resides c) Who may apply? offended party, parents or guardians, relatives, social workers, police officers, brgy. kagawad. lawyers, health workers or concerned responsible citizen who have personal knowledge d) Affectivity and enforceability 15 days and w/in the brgy.

 TEMPORARY and PERMANENT PROTECTION ORDERS (TPO and PPO)

- TPO filed before the RTC, issued by the Court after ex parte determination effective for a period of 30 days renewable for another 30 days until final judgment is isued on the PPO -immediate personal service on the respondent by the court sheriff who may asked assistance of law enforcement agents for the service
-

Enforceable anywhere in the Philippines

RELIEFS UNDER THE TPO and PPO ORDERING THE RESPONDENT TO

1)

Enjoin from committing further acts of violence

2) Stay way at a designated distance from petitioner, designated family and household members, residence school, place of work of the petitioner 3) Desist from further communicating in any form with the petitioner and their children 4) Pay rent of the residence of the petitioner
TO PETITIONER 1) Granting exclusive possession of the residence to petitioner 2) Granting custody and charge of minor children until further order from the courts 3) Granting financial support to petitioner and their children PENALTIES for violation of Protection Order 1. BPO 30 days imprisonment 2) TPO and PPO indirect contempt

Prescriptive Periods:
1.

Physical and Economic Violence 20 years

2) Sexual and Psychological Violence 10 years VAWC is a PUBLIC CRIME which maybe prosecuted upon filing of a complaint by any CITIZEN having personal knowledge of the commission of the crime PROHIBITED DEFENSE under the influence of alcohol, any illegal drugs or mind altering substance

 PROHIBITED ACTS:
Punong Barangay, Kagawad or Court hearing an

application for Protection Order shall not order, force ,direct or in any way unduly influence the applicationb to compromise or abandon any reliefs sought in the application.

. Persons Intervening Exempt from Liability - any person, private or police authorities or barangay official who responds or intervene 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

RIGHTS OF VICTIM: 1). To be treated with respect and dignity 2) To avail of legal assistance from any public legl assistance office 3) To be entitled to suppor services from the DSWD and the LGU 4) To be entitled to actual, compensatory damages, moral and exemplary 5) To be exempt from payment docket and other fees 6) Entitled to ten(10) days paid vacation leave. 7) Entitled to rrespect of their right to privacy and confidentiality of records.

 What if the mate spouse/partner

complains about abuses committed by his wife/partner?

He may file a complaint or case under the Revised Penal Code.

 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 psychological and behavioral symptoms found in women living in battering relationships as a result of abuse for long period. 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.

 Where can VAWC victims seek help?

At the DSWD office and the following government womens desks: Department of Social Welfare and Development (DSWD) Crisis Intervention Unit (CIU) Rehabilitation Unit Tel. No.: (02) 734-8635 NCR Ugnayang Pag-asa, Legarda, Manila Tel. Nos.: (02) 734-8617 to 18 Philippine National Police (PNP) Women and Childrens Concern Division (WCCD) Tel. No.: (02) 723-0401 loc. 3480 Call or text 117 (PATROL 117) National Bureau of Investigation (NBI) Violence Against Women and Childrens Desk (VAWCD) Tel. Nos.: (02) 523-8231 loc. 3403

 DOJ Public Attorneys Office

Women's Desk Tel. Nos.: (02) 929-9010; 929-9436 to 37 Philippine General Hospital (PGH) Womens Desk Tel. Nos.: (02) 524-2990; 521-8450 loc. 3816 Womens Crisis Center Women and Children Crisis Care & Protection Unit East Avenue Medical Center (WCCCPU-EAMC) Tel. Nos.: (02) 926-7744; 922-5235

thanks! END