ANTI-VAWC

(VIOLENCE

AGAINST WOMEN
AND THEIR CHILDREN)

ACT of 2004

Republic Act No. 9262

DEFINITION
Any Act or a Series of Acts
committed by any person against a
(1)woman who is his:
Wife
Former wife
Woman w/ whom one has or had a sexual or
dating relationship
Woman w/ whom one has a common child
(2)

Against the child of the woman

continuation
Which result in or likely to result in
(1)physical, (2)sexual, (3)psychological
harm or suffering, or (4)economic
abuse
Including threats of such acts, battery,
assault, coercion, harassment, or arbitrary
detention of liberty

Woman maltreating her husband

NOT covered by VAWC

SC Decision (Dating relationship)

Rustan Ang vs. Court of Appeals and woman,
GR No. 182835, Apr 20, 2010
BF sent SMS of pornographic material whereby
the face of victim was attached to a nude body
of another woman
SC ruled that Dating relationship does not
connote sexual contact
A mere LOVE AFFAIR is enough to constitute a
dating relationship

SC Decision (single act of

violence)
Same case
SC ruled that a SINGLE ACT of sending
SMS pornographic image is sufficient to
constitute the violation of VAWC

Physical Violence includes bodily

or physical harm

What is Sexual Violence?

Refers to an act which is sexual in
nature, committed against a
woman or her child. It includes,
but is not limited to:
RAPE, SEXUAL HARASSMENT,
ACTS OF LASCIVIOUSNESS,
SEXUAL ACTIVITY BY FORCE,
PROSTITUTING THE WOMAN
OR HER CHILD

What is psychological
violence?
It refers to acts or omissions causing or likely
to cause mental or emotional suffering of the
victim, such as but not limited to:
Intimidation, stalking, damage to property,
public ridicule or humiliation, repeated verbal
abuse and marital infidelity.

Stalking is psychological violence

Destroying property is considered

VAWC

Humiliating a woman or her child

constitutes VAWC

continuation
It includes causing the victim to witness
abusive injury to pets or unlawful
deprivation of the right to
custody/visitation of common children

Hurting victims pet is

psychological violence

Deprivation of child custody is

punishable under RA 9262

What is economic abuse?

Refers to acts that make or attempt to make a
woman financially dependent, which includes,
but not limited to:
Withdrawal of financial support
Deprivation or threat of deprivation of
financial resources and the right to the use
and enjoyment of property owned in common
Destroying household property
Controlling the victims own money or
properties

Insufficient financial support

How is the crime of VAWC

committed?
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. Controlling or restricting the womans or her childs
movement or conduct, such as:
1.custody deprivation
2.financial support deprivation/insufficient financial support
3.legal right deprivation
4. prevention from working

 F. inflicting or threatening to inflict physical harm on

oneself to control the victims actions and decisions
G. forcing sexual activity
H. emotional or psychological distress, such as:

1.stalking
2. peering in the window or lingering outside the residence of
victim
3. remaining in the dwelling against victims will
4.destroying property or inflicting harm to pets of victim

I. Repeated verbal and emotional abuse, denial of

financial support or custody

Stalking

How to file a criminal case for

violation of RA 9262?
Immediately proceed to the nearest police
station/womens desk OR barangay
official and formally lodge a
COMPLAINT, and request for the
ARREST of the offender IF the violation
happened within the 24 hours

continuation
IF the violation happened a day before or
longer, the victim may request assistance
is filing a complaint with the nearest
police station/womens desk OR a
PUBLIC ATTORNEY or even a private
lawyer

continuation
The COMPLAINT-AFFIDAVIT will be
submitted to the Prosecutors Office, and the
latter will conduct an INQUEST
PROCEEDING/PRELIMINARY
INVESTIGATION
A Resolution will be issued by the Prosecutors
Office recommending the DISMISSAL/filing of
an INFORMATION in court
Court hearing will ensue
DECISION will be rendered by the Court,
either ACQUITTING OR CONVICTING the
accused-offender

What is the penalty for

VAWC?
From arresto mayor (1m,1d-6m) to

prision mayor (6y,1d-12y), depending

on the extent of the injury/damage
done

imprisonment

continuation
FINE of P100,000-P300,000
AND
Mandatory psychological counseling or
psychiatric treatment

What court will hear the

case?
The Regional Trial Court designated

as a Family Court, of the place where

the offense was committed, shall
have original and exclusive
jurisdiction

What is a PROTECTION
ORDER?
An order issued to prevent further acts of
VAWC and granting other reliefs, such as
a.Prohibiting respondent from threatening to
commit or committing personally or through
another, any VAWC.
b.Prohibiting respondent from harassing,
annoying, telephoning, contacting or
communicating with petitioner, directly or
indirectly

No telephoning

continuation
c.Removal or exclusion from the residence of
petitioner
d.Directing respondent to stay away from petitioner
at a distance designated by the court

Continuation
.
e.Directing lawful possession and use
by petitioner of an automobile and
other essential personal effects.

f. Granting temporary or permanent

custody
g. Directing to provide support

Continuation
h.Prohibition to use or possess firearm or
deadly weapon
i.Restitution for property damage, medical
expenses, childcare expenses and loss of
income
j.Directing DSWD to provide temporary
shelter.

The provisions of the protection order shall

be enforced by law enforcement agencies.

What are the different kinds of

protection orders?
BPO-Barangay Protection Order
15days

TPO-Temporary Protection Order

30days

PPO-Permanent Protection Order

Who may file Petition for

Protection Orders?
A. offended party
B. parents/guardians of the offended party
C.ascendants, descendants or collateral relatives
within the fourth civil degree of consaguinity or
affinity
D. officers/social workers of the DSWD or LGU social
workers
E.police
F.punong barangay or kagawad
G. lawyer, therapist, healthcare provider
H.at least two concerned responsible citizens of the
city/municipality where VAWC occurred and who has
personal knowledge

Where to apply for a Protection

Order?
BPO-Barangay where victim resides

Continuation
TPO/PPO-Family Court where
petitioner resides. OR, if no Family
Court, in any court where petitioner
resides

SC Decision (propriety of the

application)
Woman vs. Glenn Vallecera,G.R. No. 182367 :
December 15, 2010
A case filed by the woman against respondent for TPO
allegedly for physical and economic violence
Respondent denied physical violence and denied the
paternity of the child
RTC denied the petition/application for TPO
SC ruled in favor of the respondent because it was found out
in the lower court hearing that there was really no physical
violence and the child is not yet acknowledged and in fact
denied by the respondent to be his own.
SC further ruled that the woman should have instead filed a
petition for compulsory recognition and then file a petition
for support.

How to Apply 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.

SC Decision (conspiracy)
Woman vs. Sps. Perfecto Tan, GR 168852, sept
30, 2008
Woman filed a petition for TPO against her
husband AND PARENTS-IN-LAW for
psychological violence, etc.
RTC granted TPO against the three
MR by in-laws granted
SC decided that rule on conspiracy will apply
despite lack of dating/sexual relationship with
victim

What to do when BPO violated by

respondent?
A complaint for violation of the BPO
must be filed directly with the municipal
trial court which has jurisdiction over the
barangay that issued by BPO.
PENALTY:
Punishable by imprisonment of 30 days

What is the penalty if TPO/PPO

violated?
Imprisonment of 6months
FINE P5,000 to P50,000
Violation of the TPO/PPO constitutes
contempt of court

Is mediation/conciliation in an
application for a PROTECTION
ORDER allowed?

A punong barangay, kagawad, or the Court

hearing the application shall not order, direct,
force, unduly influence the applicant to
compromise or abandon any of the reliefs
sought in the application for protection order
Law enforcers and other government personnel
shall not mediate or conciliate or influence the
victim or applicant to compromise or abandon
the relief sought

What is the battered woman

syndrome?
Refers to a scientifically defined pattern of
psychological and behavioral symptoms that
have resulted from cumulative abuse found in
women living in battering relationships
BATTERY is an act of inflicting physical harm
upon the woman or her child resulting to
physical and psychological or emotional
distress

Battered woman loses her will

power

What is the importance of the

battered woman syndrome to a
victim of VAWC
Victim-survivors who are found by the
courts to be suffering from battered
woman syndrome do not incur any
criminal and civil liability

Confidentiality of records
All records pertaining to cases of violence
against women and their children including
those in the barangay shall be confidential.
Whoever publishes or causes to be published
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.

SC Decision (confidentiality)
Pp. v. Melchor Cabalquinto, G.R. No.
167693, September 19, 2006
the Court shall withhold the real name of the
victim-survivor and shall use fictitious initials
instead to represent her. Likewise, the personal
circumstances of the victims-survivors or any
other information tending to establish or
compromise their identities, as well those of
their immediate family or household members,
shall not be disclosed

What is the ten-day paid leave

granted to a VAWC victim
all about?

At any time during the application of any

protection order, investigation, prosecution
and/or trial of the criminal case, A VICTIM of
VAWC who is employed shall be entitled to a
paid leave of up to ten (10) days in addition to
other paid leaves under the Labor code and
other laws and policies, EXTENDIBLE when
the necessity arises as specified in the
protection order

What is the document required to

avail of the ten-day leave?
The Punong Barangay/kagawad or prosecutor or
the Clerk of Court, as the case may be, shall issue a
CERTIFICATION that such an action is pending
For GOVERNMENT EMPLOYEES, in addition to
the certification, she must file an application for
leave citing as basis R.A. 9262.
Leaves not availed of are non-cumulative and not
convertible to cash.

What is the recourse if

the leave was denied by
the office/agency?
The employer/agency head who
denies the application for leave,
and who shall prejudice the
victim-survivor or any person for
assisting a co-employee who is a
victim-survivor under the Act
shall be held for discrimination
and violation of R.A. 9262.

Persons intervening exempt from

criminal, civil,admin liability
Any person, private individual or police
authority or barangay official who,
ACTING IN ACCORDANCE WITH LAW,
responds and intervenes without using
violence or restraint greater than
necessary to ensure the safety of the
victim-survivor, shall not be liable for
any criminal, civil or administrative
liability resulting therefrom.

Arresting officer liable if acted

NOT accordance with law

continuation
But failure to report incident makes them
liable criminally, civilly or
administratively whenever applicable or
fine of P10T

THANK YOU!

Have a Good Day!