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The Anti-Violence Against Women

& Their Children Act of 2004


Salient Features

Atty. Rowena V. Guanzon


RA 9262
Effective March 27, 2004
A special law protecting women and their
children from violence
Criminal statute
Civil action Temporary & Permanent
Protection Order
Barangay Protection Order

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Types of Violence

PHYSICAL
PSYCHOLOGICAL
SEXUAL
ECONOMIC
Other forms of violence, intimidation

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Def.: Violence Against Women
& their children (VAWC)
any act or series of acts committed by
any PERSON
against a WOMAN who is his wife, 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/child under her care
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Def: VAWC
Which result 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
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Elements
Relationship, past or present
Married or not; living in or not
Sexual or dating relationship
Including lesbian relationships
With common child
Sec. 5 punishable acts
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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 7
Sec. 5 Acts of VAWC
Causing, threatening, attempting to
cause physical harm
Placing the woman or her child in fear
of imminent physical harm

Attempting or compelling the woman or


her child to engage in conduct which
they have a right to desist from, or to
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Sec. 5 Acts
desist from conduct which they have
a right to engage in

attempting to restrict or restricting


the womans or her childs freedom
of movement or conduct by force or
threat, intimidation
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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 of custody or
access to her family
(2) depriving them of financial support;
insufficient financial support
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Sec. 5 Acts
(3) Depriving or threatening to deprive
the woman or her child of a legal right

(4) Preventing the woman from engaging


in any legitimate profession, occupation,
business or activity, or controlling her
own money or properties or solely
controlling conjugal or common money
or properties 11
Sec. 5 Acts
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..., by force or threat,
physical harm, intimidation directed
against the woman, her child, or 12
immediate family *
Sec. 5 Acts
Engaging in knowing or reckless conduct,
personally or through another, that
alarms or causes substantial emotional
or psychological distress including:
(1) stalking
(2) peering in window; lingering outside
the residence
(3)entering or remaining in the property
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Sec. 5
(3) entering or remaining in the house or
on the property
(4) destroying property and personal
belongings or causing harm to animals,
pets
(5) engaging in any form of harassment
or violence *
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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 PERIOD: 10 years. All others,
20 years
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Purpose of Protection Orders

to prevent further acts of violence


against a woman or her child.
to safeguard the victim from further
harm
to minimize disruption in victims
daily life
give her the opportunity and ability to
regain control over her life.
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Kinds of Protection Orders
Barangay P.O. 15 days; not extendible

Temporary Protection Order 30 days +

Permanent Protection Order


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Protection Orders
Prohibition from threatening or
committing, personally or through
another, any of acts in Sec. 5
Prohibition from harassing, telephoning,
contacting
Removal and exclusion from the
residence regardless of ownership,
temporarily or permanently where no
property rights are violated
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Protection Orders
Stay away from petitioner, any designated
family or household member
Law enforcer to accompany petitioner to the
residence, ensure possession of
automobile and personal effects; supervise
respondents removal of belongings
Temporary or permanent custody of child
Support automatic remittance of salary or
income by employer
DSWD or LGU to provide shelter and social
services 19
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 20
who have personal knowledge of the offense
Barangay Protection Order
Issued by Punong Barangay or any
kagawad
Ex parte; no mediaton or conciliation
15 days only; not extendible
ordering perpetrator to desist from
committing or threatening physical harm
30 days imprisonment for violation of
BPO
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Venue for Protection Order

Family Court where the woman resides, or


If none, file it in the RTC, Metropolitan
Trial Court, Municipal Trial Court, or Mun.
Circuit Trial Court where the woman
resides

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Temporary Protection Order
Issued by the Court on the day of filing
Ex parte ; Priority over all other cases
Effective for 30 days; extendible
Stay away order, temporary custody and
support to woman and/or her children, use
of community/conjugal property
Bond to Keep the Peace
Enforceable anywhere in the country
No mediation; no conciliation 23
Permanent Protection Order

issued after notice and hearing


custody, support to the woman and/or her
children
respondent to leave the residence
permanently
with Bond to Keep the Peace
may be appealed
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Battered Woman
Syndrome (BWS)
scientifically defined pattern of
psychological and behavioral symptoms
found in women living in battering
relationships as a result of cumulative
abuse.
justifying circumstance
A victim with BWS can have custody of her
children
Perpetrator of crime against a woman with 25
BWS shall not have custody of children
BWS in Pp. vs. Genosa
(Jan. 2004)
A woman with BWS is one 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
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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
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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
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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
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Rowena V. Guanzon, LLB,
MPA

Email: rowena.guanzon@gmail.com
Weblog: www.bingguanzon.com
Tel. 09175418339
Mobile: +63 9999923491