Household and relationship abuse are terrifying, yet all too common occurrences all over the country. It’s crucial to ensure that those perpetuating abuse are unable to escape the consequences of their actions. Republic Act No. 9262, or the “Anti-Violence Against Women and Their Children Act of 2004”, seeks to address some of these issues.
In the event that you, your children, or a loved one faces any form of physical or psychological violence, It’s crucial to know your rights. This article aims to break down each part of R.A. 9262 for your ease of understanding.
The Basics
The Anti-Violence Against Women and Their Children Act of 2004 defines violence against women and their children, lists out protective measures for the victims, and prescribes penalties for the perpetrators.
The Regional Trial Court designated as a Family Court shall have original and exclusive jurisdiction over cases of violence against women and their children under this law.
It should be noted that lesbian relationships, whether sexual or dating, are not exempt from the law. This means that women are also liable under RA 9262. Meanwhile, a male spouse or partner suffering the abuse of his wife or partner does not fall under this law. Instead, he would have to file a complaint or case under the Revised Penal Code.
Definition of Terms
Section 3 of RA 9262 defines all of the terms used in this act so that it’s easier to understand going forward. These terms include the following:
- Violence against women and their children – refers to any act committed by any person against a woman who he has married or had a dating/sexual relationship with. He may also commit this act against his own children or the children of any woman he has had a dating or sexual relationship with. This act results in or is likely to result in any of the following:
- Physical violence – refers to acts that include bodily or physical harm.
- Sexual violence – refers to acts that are sexual in nature, committed against a woman or child. This includes but is not limited to: rape; sexual harassment; sexually demeaning or suggestive remarks; forcing the victim to watch or create obscene publications or shows; forcing the victim to sleep in the same room as the abuser; or prostituting the victim.
- Psychological violence – refers to acts that can cause mental or emotional suffering of the victim. This includes but is not limited to intimidation, harassment, stalking, damage to property, public humiliation, verbal abuse, and marital infidelity.
- Economic abuse – refers to acts that can make a woman financially dependent on the perpetrator. This includes but is not limited to: withdrawal of financial support; deprivation or threat of deprivation of financial resources; destroying household property; and controlling the victim’s own money.
- Battery – the act of physically harming a woman or her child, resulting in physical and psychological or emotional distress.
- Battered Woman Syndrome – refers to the after effects of a woman falling victim to the abuse of a spouse, partner, or relative.
- Stalking – the intentional act of following the woman or her child in public or private areas
- Dating relationship – refers to a situation wherein the parties live as husband and wife without the benefit of marriage or are romantically involved.
- Sexual relations – refers to a single sexual act which may or may not result in the bearing of a common child.
- Safe space or shelter – refers to any institution that provides shelter to victims. These shelters are managed by either the Department of Social Welfare and Development or an agency or voluntary organization accredited by the DSWD.
- Children – refers to those below eighteen years of age or older but are incapable of taking care of themselves as defined under Republic Act No. 7610.
Acts of Violence Against Women and Their Children
Section 5 of RA 9262 clarifies which acts qualify as a crime of Violence Against Women and their Children. These include the following:
- Threatening, attempting, or outright causing physical harm to the woman or her child
- Placing the woman or her child in fear of imminent physical harm
- Trying to force the woman or her child to do something through force, threat of any type of harm, or intimidation
- Restricting the woman or her child from doing something through force, threat of any type of harm, or intimidation. These include depriving or threatening to deprive the victim of: custody to her/his family; financial support; a legal right; his/her control of his/her own money or properties; and the right to enter a legitimate profession, occupation, or business
- Inflicting or threatening to inflict self-harm for the purpose of controlling her actions or decisions
- Forcing or intimidating the woman or her child into engaging in any sexual activity that does not constitute rape
- Doing anything that alarms or causes emotional or psychological distress to the woman or her child, such as following them in public or private places, lingering outside their home, entering or remaining in their home against their will, destroying their property, hurting their pets, or engaging in any other form of harassment or violence.
- Causing mental or emotional anguish, public ridicule, or humiliation to the woman or her child. This includes but it not limited to verbal and emotional abuse, denial of financial support, or denial of custody or access to the woman’s child/children
Penalties
The penalties of committing an act listed in RA 9262 vary and depend on the severity of the act.
- A perpetrator is subject to prison for one month and one day to six months if he or she: attempts to harm the woman or her child or place them in fear of imminent physical harm, or threatens to self-harm to control their actions or decisions.
- A perpetrator is subject to prison for six months and one day to six years if he or she: restricted the victim from doing something, or forced him or her into doing something through force or intimidation.
- A perpetrator is subject to prison for six years and one day to twelve years if he or she: attempted to or did any form of sexual violence on the victim; caused emotional or psychological distress to the victim through behaviors such as stalking, destroying the victim’s property, etc.; or causing mental or emotional anguish, public ridicule, or humiliation to the victim.
| Act of Violence | Duration of Penalty |
| Attempt to harm the victim | 1 month and 1 day – 6 months |
| Place the victim in fear of imminent physical harm | 1 month and 1 day – 6 months |
| Threaten to or does self-harm to control the victim’s actions or decisions | 1 month and 1 day – 6 months |
| Restrict the victim from doing something through force or intimidation | 6 months and 1 day – 6 years |
| Force the victim into doing something through force or intimidation | 6 months and 1 day – 6 years |
| Attempt to or do any form of sexual violence on the victim | 6 years and 1 day – 12 years |
| Cause emotional or psychological distress to the victim through behaviors such as stalking, destroying the victims property, etc. | 6 years and 1 day – 12 years |
| Cause mental or emotional anguish, public ridicule, or humiliation to the victim | 6 years and 1 day – 12 years |
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 the section.
In addition to imprisonment, the perpetrator shall pay a fine of not less than P100,000.00, but not more than P300,000.00. He or she must also undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to the court.
Protection Orders
While a victim can file a case against his or her perpetrator for his or her act of violence, it doesn’t guarantee with certainty that the perpetrator won’t endanger the victim again. To prevent this from happening, the victim can apply for a protection order. A protection order prevents further acts of violence against a woman or her child. It also provides these victims other forms of necessary relief. A protection order aims to safeguard the victim from further harm, minimizes disruption in the victim’s daily life, and facilitates the victim’s opportunity and ability to independently regain control over her life. There are three types of protection orders that may be issued under this Act: the barangay protection order (BPO), temporary protection order (TPO) and permanent protection order (PPO).
Types of Protection Orders
As aforementioned, there are three types of protection orders: the temporary protection order, permanent protection order, and barangay protection order.
Barangay Protection Orders, or BPOs, refer to the protection order issued by the Punong Barangay ordering the perpetrator to desist. A Punong Barangay shall issue the protection order to the applicant on the date of filing. If the Punong Barangay is unavailable to act on the BPO application, the application shall be acted upon by any available Barangay Kagawad. BPOs are effective for fifteen days.
Temporary Protection Orders, or TPOs, refer to the protection order issued by the court on the date of filing of the application. They are effective for thirty days. The court shall also schedule a hearing on the issuance of a PPO prior to or on the TPO’s expiration date.
Finally, Permanent Protection Orders, or PPOs, refer to protection orders issued by the court after a notice and hearing. The court shall conduct the hearing on the merits of the issuance of a PPO in one day. If the court is unable to conduct the hearing within one day and the TPO issued before is due to expire, the court shall continuously extend or renew the TPO for a period of thirty days.
These protection orders shall include any, some, or all of the following reliefs:
- Prohibition of the perpetrator from committing or threatening to commit another act of violence towards the victim
- Prohibition of the perpetrator from communicating with the victim, directly or indirectly
- Removal of the perpetrator from the residence of the victim, regardless of owner of the residence
- Directing the perpetrator to stay away from the victim up to a certain distance specified by the court. The perpetrator must always stay from the residence, school, place of employment, or any specific place frequented by the victim.
All TPOs and PPOs issued under this act shall be enforceable anywhere in the Philippines. A violation shall be punishable with a fine ranging from P5,000.00 to P50,000.00 and/or imprisonment of six months.
Who can file for a Protection Order?
While the victim can file a Petition for Protection Order, other parties can also file it for him or her. These include his or her parents; other relatives within the fourth civil degree of consanguinity or affinity; social workers; police officers; Punong Barangay or Barangay Kagawad; the victim’s lawyer, counselor, therapist, or healthcare provider; or at least two concerned citizens of the municipality who have personal knowledge of the offense committed.
Where can I file a TPO or PPO?
An application for a TPO or PPO shall be filed with the appropriate Regional Trial Court, Family Court, or Municipal Court of the victim’s place of residence. Meanwhile, he or she can apply for a Barangay Protection Order in the Barangay where he or she resides.
The application for a protection order must be in writing, signed and verified under oath by the applicant. A standard application form should contain, among others the following information:
- Names and addresses of the perpetrator and victim;
- Description of the two parties’ relationships;
- A statement on the circumstances of the abuse;
- Description of the reliefs requested by the victim;
- Request for counsel and reasons for such;
- Request for waiver of application fees until hearing; and
- An attestation that there is no pending application for a protection order in another court.
This Act was created to protect vulnerable women and their children from cases of household or relationship abuse. Arming yourself with the knowledge on how a victim can fight back will surely be helpful, whether it be for yourself or for a suffering loved one.
If you’re filing a case for VAWC and are in need of a lawyer, you can book a consultation with our team here at Sadsad Tamesis Legal and Accountancy Firm.