REPUBLIC ACT No.

9262
ANTI-VIOLENCE AGAINST
WOMEN AND THEIR CHILDREN
ACT OF 2004
ATTORNEY RUTH EUNICE L. MINA
Legal Service, DSWD

Woman- refers to the following:

1.
2.
3.
a

wife
former wife
one with whom the person has or had

dating or sexual relationship

4. one with whom he has a common
child

Child
- person below 18 years of age or
older but who is unable to fully
take care of himself/herself from
abuse,
neglect,
cruelty,
exploitation
or
discrimination
because of a physical or mental
disability or condition.

Violence against women and their

children
-refers to any act or a series of acts
committed by any person against a
woman 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.

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

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

ELEMENTS

Relationship, past or present

Married or not; living in or not
Sexual or dating relationship
Including lesbian relationships
With common child
Falling under Sec. 5 (punishable acts)

ACT OR ACTS WHICH

CONSTITUTE VIOLENCE
AGAINST WOMEN AND
THEIR CHILDREN
Physical violence
Sexual violence
Psychological violence
Economic violence

PHYSICAL VIOLENCE
- refers to acts that

include
bodily
or
physical
harm.
It
includes
causing,
threatening, attempting
to cause physical harm
to the woman or her
child or placing the
woman or her child in
fear
of
imminent
physical harm.

SEXUAL VIOLENCE

refers to an act which is sexual in

nature
like
rape,
sexual
harassment, acts of lasciviousness,
treating a woman or her child as a
sex object, making demeaning and
sexually
suggestive
remarks,
forcing the wife and mistress/lover
to live in the conjugal home or
sleep together in the same room
with the abuser, forcing the
woman or her child to watch
indecent shows or do indecent
acts, or prostituting the woman or
child.

PSYCHOLOGICAL VIOLENCE
- refers to acts or omissions causing or
is likely to cause mental or emotional
suffering
of
the
victim
like
intimidation, harassment, stalking,
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 his or her
will, destroying the property, public
ridicule or humiliation, repeated
verbal abuse and marital infidelity, or
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 like withdrawal of
financial support or preventing the
victim from engaging in any
legitimate profession, occupation
or business, deprivation or threat
of
deprivation
of
financial
resources and the right to the use
and enjoyment of their property,
controlling
the
victims
own
money or properties or solely
controlling the conjugal money or
properties.

Remedies of the offended party

1. File a Petition for a Protection Order
2. File a Criminal Action for Violation of
Anti-VAWC
3.
File a Criminal Action with
reservation
of a separate civil action; or
4. File a Civil Action for Damages

PROTECTION ORDER - an order issued

for the purpose of preventing or
safeguarding further acts of violence
against a woman or her child,
minimizing any disruption in the victims
daily life, and facilitating the opportunity
and
ability
of
the
victim
to
independently regain control over her
life.

KINDS OF PROTECTION ORDER

1. BARANGAY PROTECTION ORDER (BPO) - issued by
the Punong Barangay, or in his absence the Barangay
Kagawad, ordering the perpetrator to desist from
causing or threatening to cause physical harm or
bodily injury against the offended party. This is
effective for 15 days.
2. TEMPORARY PROTECTION ORDER (TPO) - issued
by the court on the date of filing of the application or
in the course of the hearing and effective for 30 days.
3. PERMANENT PROTECTION ORDER (PPO) - issued
by the court after notice and hearing and effective
until revoked by the court upon application of the
person in whose favor the order was issued.

RELIEFS GRANTED UNDER THE

PROTECTION ORDER
1. Prohibition from committing or threatening to commit
acts of violence;
2.

Prohibition from harassing, annoying, telephoning,

contacting or communicating with petitioner;

3. Removal or exclusion of respondent from residence of

petitioner, regardless of ownership of the residence,
either temporarily or permanently;
4.

Directing respondent to stay away from the

residence, school, place of employment of petitioner
or designated family or household member;

5.

Directing lawful possession and use by

petitioner of an automobile and other essential
personal effects, regardless of ownership;

6. Granting a temporary or permanent custody of

a child/children to petitioner;
7. Directing respondent to provide support to the
woman and/or her child if entitled to legal
support;
8.

Prohibition to use, possess any firearm or

deadly weapon and to surrender the same to
the court including revocation of license and
disqualification to apply for license;

9. Actual damages;
10. Directing DSWD or any appropriate
agency to provide
temporary
shelter;
therapy, counseling, and
11. other reliefs

WHO MAY FILE PETITION FOR

PROTECTION ORDER
1.
2.
3.
4.
5.
6.
7.
8.

offended party
parents or guardian
ascendants, descendants and other
relatives
Social Worker
Police Officer
Punong Barangay or kagawad
Lawyer, counselor or therapist
Two (2) concerned and responsible citizens

WHERE TO APPLY FOR A PROTECTION

ORDER
BPO- in the Barangay where the parties
reside or where the respondent resides.
TPO and PPO- in the Family Court where
the petitioner resides. If none, in the RTC,
MeTC, MTCC, MTC or MCTC where the
petitioner resides.

FLOWCHART ON THE ISSUANCE AND ENFORCEMENT OF

BARANGAY PROTECTION ORDER (BPO) PER RA 9262

STAR
T

Victimsurvivor
reports
incident to
the
Barangay

PB/Kagawa
d
interviews
victim,
records, &
advises her
to file an
application
for BPO*

PB/Kagawa
d
interviews
victim,
records, &
advises her
to file an
application
for BPO*

The PB/
Kagawad
serves
BPO to
the
responde
nt

The
PB/Kagawad
issued BPO
on the same
day of
appointmen
t

Yes
BPO
received

No

C
Respondents
Receives BPO

If respondent
is not around,
the
PB/Kagawad
will leave a
copy of the
BPO at the
said address
in the
presence of 2
witnesses

The PB/
Kagawad
records all
BPOs issued

PB/kagawad
transmits copy
of issued BPO
to PNP Women
& Children
Protection Unit

B
PB/LSWDO
provides
counseling
assistance to
victim

Victim/PB files
complaint for
END
BPO violation
D
with MTC/MCTC
*If PB is not available, any available Brgy. Kagawad may admit the complainant

PB/ kagawad
monitors
respondents
compliance to
BPO

Yes
BPO
violated

No

Sample of Barangay Protection Order

FLOWCHART IN HANDLING VAWC CASES

BNo
Yes

START

PB/Kagawa
d receives
info (orally
or in
wiritng)
from
concerned
individual
or neighbor

Victim
reports
incident to
PB/
Kagawad /
PNP station

PB/Kagawad
any
concerned
individual
goes to the
erear &
enters the
dwelling,
verifies
incident

Yes

The PB/
Kagawad
serves
BPO to
the
responde
nt

No

Punong Barangay (PB)/

Kagawad Duties and Function
Victim

Is
perpetrator
around
?

PB/Kagawa
d
interviews
victim,
records, &
advises her
to file an
application
for BPO*

victim
decides
not to
return
home?

Yes
PB/Kagawa
dassists
victim get
medical
attention &
refers
victim to
nearest
available
hospital

Is victim
injured
and/or
psychologically
disturbed?

No

LSWDO / PNP Functions

Process Points

Prosecutor/ Court Functions

Decision Points

FLOWCHART IN HANDLING VAWC CASES

Victim
stays with
relatives /
friends

The PB/
Kagawad
serves
BPO to
the
responde
nt

BPO served to
respondent

Yes

A
PB/
Kagawad
refers
victim to
DSWD/
LSWDO

>victim
concerned
part file/s
application
for BPO
>PB/Kagawa
d logs
incident

Punong Barangay (PB)/

Kagawad Duties and Function
Victim

PB/Kagawa
dconducts
ex parte
hearing on
BPO

PB/Kagawad /
LSWDO
provides
counselling
to victim
and/or
perpetrator
after ex parte
hearing on
BPO

BP/
kagawad
issues
BPO

No

Victim
agrees on
BPO

Yes

No

LSWDO / PNP Functions

Process Points

Prosecutor/ Court Functions

Decision Point

FLOWCHART IN HANDLING VAWC CASES

E

PB/ kagawad
files a case
for violation
of BPO

BPO
violated

Prosecutor
files a case for
violation of
BPO

Court
hears
case &
issues
BPO

Court
issues
TPO

BPO
issued

Yes

No
EN
D
PB/Kagawa
d provides
sustained
assistance
and refers
victim for
other
support
services

PB/Kagawa
dmonitors
case for
15, days
reports
(within 15
days) &
refers case
to PNP/
local social
worker

Punong Barangay (PB)/

Kagawad Duties and Function
Victim

LSWDO/P
NP
monitors
&
evaluate
case

Complaina
nt /victim
files
complaint Yes
with PNP

E
D

No
Concerned
agencies
provide
interventio
n

LSWDO / PNP Functions

Process Points

Prosecutor/ Court Functions

Decision Point

FLOWCHART IN HANDLING VAWC CASES

PNP refers
complaint to
prosecutor for
preliminary
investigation

Prosecutor
Prosecutor
files a case in
files a
court &
case? Yes applies for
TPO

No

Punong Barangay (PB)/

Kagawad Duties and Function
Victim

Victim
appeals
case to
DOJ

LSWDO / PNP Functions

Process Points

Prosecutor/ Court Functions

Decision Points

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

PENALTIES
a.Causing physical harm to the woman or her
child
1.

2.
3.
4.

if constituting attempted, frustrated or

consummated parricide or murder or
homicide or mutilation punished in
accordance with the provisions of the Revised
Penal Code;
if constituting serious physical injuries
penalty of prision mayor;
if constituting less serious physical injuries
punished by prision correccional; and
if constituting slight physical injuries
punished by arresto mayor.

b. Threatening to cause the woman or her child physical

harm imprisonment of two (2) degrees lower than
the prescribed penalty for the consummated crime
but shall in no case be lower than arresto mayor.
c. Attempting to cause the woman or her child physical
harm punished by arresto mayor.
d.

Placing the woman or her child in fear of imminent

physical harm punished by arresto mayor.

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 to desist
from conduct which the woman or her
child has the right to engage in, or
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, or
intimidation directed against the
woman or her child punished by
prision correccional.

f. Inflicting or threatening to inflict physical

harm on oneself for the purpose of
controlling her actions or decisions
punished by arresto mayor.
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 punished by prision
mayor.

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 punished by prision
mayor.
i.

Causing mental or emotional

anguish,
public
ridicule
or
humiliation to the woman or her
child punished by prision mayor.

BATTERED WOMAN
SYNDROME (BWS)
- refers to a scientifically defined
pattern of psychological and
behavioral symptoms found in women
living in battering relationships as a
result of cumulative abuse. This is a
novel defense where victim-survivors
do not incur criminal and civil liability.
People of the Phil. Vs.Marivic
Genosa
GR No.
135981, January 15, 2004