Republic Act No. 9262

Republic Act No. 9262

March 08, 2004

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

Anti - Violence Against

Women

And Children

VAWC

What is VAWC?

Anti – Violence Against Women and Their Children Act of 2004 or otherwise known as VAWC, is a law passed in the Philippines for the protection of women and children from violence.

This law establishes the parameters and guidelines, in keeping with the fundamental freedoms guaranteed under the Constitution and the Provisions of the Universal Declaration of Human Rights, the convention on the Elimination of all forms of Discrimination Against Women, Convention on the Rights of the Child and other international human rights instruments of which the Philippines is a party.

(Section 2 of R.A. 9262)

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

Section 3 states that “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.

Who are the persons protected by R.A. 9262?

The following are

the persons who

are protected by

R.A. 9262:

a) Wife

b) Former wife

c) A woman with whom the offender has or had sexual relations with;

d) A woman with whom the offender has a common child with;

e) The legitimate or illegitimate child of the woman within or without the family abode.

Are only men prosecuted under VAWC?

No. R.A. 9262 states that “any person” with whom the victim had an intimate relationship with. Thus, ex-lovers of the victim, male or female, may be charged under the VAWC. So even women and transgenders may be charged for violation of the VAWC.

What are the acts of violence which are covered under R.A. 9262?

a) Physical Violence

- refers to acts that include bodily or physical harm;

b) Sexual Violence

the acts which are sexual in nature;

c) Economic Abuse

Acts that make or attempt to make a woman financially dependent upon her abuser;

d) Psychological Violence

Acts or omissions causing or likely to cause mental or emotional suffering of the victim;

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

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

(2) Peering in the window 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 or 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 qualifications for an act or a series of acts to be considered as a crime of violence against women through physical harm?

The limiting qualifications for any act or series of acts to be considered as a crime of violence against women through physical harm are the following:

(a) It is committed against a woman or her child and the woman is the offender’s wife, former wife, or with whom he has or had a sexual or dating relationship or with whom he has a common child;

b) It results in or is likely to result in physical harm or suffering.

(Dabalos v. RTC, Branch 59, Angeles City, G.R. No. 193960, 07 January 2013)

What are the elements of the crime of violence against women through harassment?

(Ang v. Court of Appeals,

G.R. No. 182835, 20 April 2010)

Define dating relationship as used

under R.A. 9262.

Rustan also claims that since the relationship between Irish and him was of the "on-and-off" variety (away-bati), their romance cannot be regarded as having developed "over time and on a continuing basis." But the two of them were romantically involved, as Rustan himself admits, from October to December of 2003. That would be time enough for nurturing a relationship of mutual trust and love. An "away-bati" or a fight-and-kiss thing between two lovers is a common occurrence. Their taking place does not mean that the romantic relation between the two should be deemed broken up during periods of misunderstanding. Explaining what "away-bati" meant, Irish explained that at times, when she could not reply to Rustan’s messages, he would get angry at her. That was all. Indeed, she characterized their three-month romantic relation as continuous.

(Ang v. Court of Appeals,

G.R. No. 182835, 20 April 2010)

Define sexual relations as used under R.A. 9262.

Section 3 (f) satates that it refers to a single sexual act which may or may not result in the bearing of a common child.

What are the kinds of sexual violence that could be covered under this law?

Section 3 states that “Sexual violence” are acts which are sexual in nature, committed against a woman or her child, and are not limited to:

a) 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 or her to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or 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.

b) Acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other harm or coercion.

What are the kinds of psychological violence that could be covered under this law?

Section 3 (C) “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

6) public ridicule or humiliation

7) repeated verbal abuse

8) marital infidelity

9) 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

My husband had been cheating on me for over three years now with various women. Is there a way I can apply VAWC in filing a case against him?

The acts of your husband of cheating on you have caused you mental and emotional suffering. Such acts may be a ground for the filing of a VAWC case for “psychological violence”

My boyfriend had been hurting me every time we fight and even threatens to kill me. Can I file a case against him for VAWC?

Yes. Physical violence against the woman as well as threatening to inflict physical harm on a woman for the purpose of controlling her actions or decisions is deemed as an act of violence against women.

What are the kinds of economic abuse that could be covered under this law?

Section 3 (D) Economic abuse refer to acts that make or attempt to make a woman financially dependent which includes but is not limited to the following:

a) 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;

b) 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;

c) Destroying household property;

d) Controlling the victim’s own money or properties or solely controlling the conjugal money or properties.

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.

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 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 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:

What are the purposes of a protection order?

The reliefs granted under a protection order are for:

What are the reliefs or remedies under a protection order?

[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;

[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

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.

a ) Threatening to deprive or actually depriving the woman or her child of custody to her/his family;

What court has jurisdiction over RA 9262 cases?

Section 7 provides that “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.

d) 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;

b) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman's children insufficient financial support;

What is VAWC?

c) Depriving or threatening to deprive the woman or her child of a legal right;

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

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

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

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

R.A. 9262 covers several acts of violence, which are:

The elements of the crime of violence against women through harassment are:

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

What are the penalties for acts of violence against women?

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 child. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman's or her child's movement or conduct:

a) Causing physical harm to the woman or her child;

Section 3 (e) states that it is a situation wherein 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. The dating relationship that the law contemplates can, therefore, exist even without a sexual intercourse taking place between those involved. A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a dating relationship.

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

1. BPO (Barangay Protection Order);

3. PPO (Permanent Protection Order) issued by the court.

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

If a person witnesses abuse being committed against a woman or her child and intervenes, does that person have any liability?

Section 5 states that The crime of violence against women and their children is committed through any of the following acts:

f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions;

Is it only the woman-victim or her children who can ask for the issuance of a protection order?

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;

[3] providing the opportunity and ability of the victim to independently regain control over her life.

[1] safeguarding the victim from further harm,

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

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.”

c) The harassment alarms or causes substantial emotional or psychological distress to her.

a) The offender has or had a sexual or dating relationship with the offended woman;

b) The offender, by himself or through another, commits an act or series of acts of harassment against the woman;

My ex-husband has stopped giving me and our daughter, support since 2009. Can I file a case against him for VAWC?

Yes, you may file a case for VAWC against him as his act of withdrawing financial support. His act of refusing to give financial support to you or your daughter constitutes “Economic Abuse.”

(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 of access to the woman's child/children.

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. This shall include, but not be limited to, the following acts:

c) Prostituting the woman or child.

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

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.