R.A. NO.
9262
"ANTI-VIOLENCE
AGAINST WOMEN AND
THEIR
CHILDREN ACT OF
R.A. 9262 TOOK EFFECT ON MARCH 27, 2004
DOMESTIC VIOLENCE IS SAME
AS VAWC IN THE PHILIPPINES
PROTECTS WOMEN AND THEIR
CHILDREN
"VIOLENCE AGAINST WOMEN AND THEIR CHILDREN“
REFERS TO ANY ACT OR A SERIES OF ACTS
COMMITTED BY ANY PERSON AGAINST A WOMAN
WHO IS HIS WIFE, FORMER WIFE, OR AGAINST A
WOMAN WITH WHOM THE PERSON HAS OR HAD A
SEXUAL OR DATING RELATIONSHIP, OR 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
RELIEF UNDER RA 9262
Barangay Protection Order
Temporary Protection Order
(court)
Permanent Protection Order
(court)
ACTS OF VAWC
PHYSICAL VIOLENCE
- REFERS TO ACTS THAT
INCLUDE BODILY OR
PHYSICAL HARM
PSYCHOLOGICAL/EMOTIONAL violence
refers to acts or omissions causing or likely to
cause mental or emotional suffering of the victim such as
but not limited to intimidation, harassment, stalking,
damage to property, public ridicule or humiliation,
repeated verbal abuse and mental infidelity. It includes
causing or allowing the victim to witness the physical,
sexual or psychological abuse of a member of the family
to which the victim belongs, or to witness pornography
in any form or to witness abusive injury to pets or to
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
SEXUAL VIOLENCE
REFERS TO AN ACT
WHICH IS SEXUAL IN
NATURE, COMMITTED
AGAINST A WOMAN OR
HER CHILD
WHO IS PROTECTED under RA 9262?
WIFE, EX WIFE, LIVE-IN PARTNER
OR EX LIVE-IN
GF OR EX GF - DATING WITH SEXUAL
RELATIONSHIP
THEY HAVE A COMMON CHILD
Note: past or present relationship
• BPO: VALID FOR 15 DAYS
ISSUED WITHIN 24 HOURS FROM APPLICATION
EX PARTE: NO NOTICE TO RESPONDENT
ORDER TO STOP PHYSICAL VIOLENCE OR
THREATS (VERBAL ABUSE WITH THREATS
INCLUDED)
RESPONDENT OR OTHER PERSONS CANNOT BE
PRESENT WHEN BRGY OFFICIAL IS INTERVIEWING
COMPLAINANT
NO LAWYERS ALLOWED
VENUE: WHERE TO FILE FOR BPO
IF COMPLAINANT & RESPONDENT
ARE RESIDENTS OF SAME BARANGAY,
VENUE IS IN THAT BARANGAY
IF RESPONDENT LIVES IN ANOTHER
BRGY, VENUE IS IN BARANGAY OF
RESPONDENT
•Follow rule on venue in LGC ; same
APPLICATION FORM:
VAWC FORM NO. 3
•NO FEE
•SIGNED, UNDER OATH BEFORE
BRGY OFFICIAL PRESENT
•NOT NOTARIZED
•RELATIONSHIP . EXAMPLE: LIVE- IN
•DATES, INCIDENTS, WEAPONS USED;
LOCATION
•NUMBER OF CHILDREN, AGE ETC
WHO MAY APPLY FOR BPO:
• WOMAN
• PARENT, GRAND-PARENT,
• UNCLE, AUNT (OR IN-LAW), FIRST
COUSIN OR IN-LAW
• SOCIAL WORKER
• AT LEAST 2 CITIZENS WITH PERSONAL
KNOWLEDGE
• IF APPLICANT IS OTHER THAN THE
WOMAN, WRITE EXPLANATION WHY
INCIDENT REPORT: BRGY OFFICIAL
OR TANOD
USE VAWC FORM NO. 5
IF YOU WITNESSED VAWC OR
WERE CALLED TO ASSIST A
VICTIM
ATTACH INCIDENT REPORT TO
APPLICATION FOR BPO
INTERVIEWING THE COMPLAINANT
• DO NOT REQUIRE MARRIAGE LICENSE,
BIRTH CERTIFICATES OF CHILDREN,
MEDICAL CERTIFICATE
• ASK QUESTIONS- WHAT HAPPENED?
• WHERE? WHEN? WHAT WEAPONS
USED? THREATS? VERBAL ABUSE?
• WHO WERE THERE? THE CHILDREN?
• BE GENDER-SENSITIVE
NO MEDIATION; NO CONCILIATION
• SEC. 33 R.A. 9262 AMENDED
SECS. 410-413 OF LGC (RA 7160)
• IF BRGY OFFICIAL MEDIATES, HE
OR SHE CAN BE ADMINISTRATIVELY
LIABLE
ISSUANCE OF BPO
USE VAWC FORM NO. 4: BPO
•SIGNED BY BRGY OFFICIAL
•IF CHAIRPERSON IS ABSENT,
ANY KAGAWAD CAN ISSUE
•IF NO BRGY CHAIRPERSON,
KAGAWAD TO SIGN
ATTESTATION BELOW
CAN ANOTHER BPO BE ISSUED AFTER
THE FIRST BPO?
Yes. If another cause of action
happens within the 15 days or after
15 days from the issuance of the first
BPO
Brgy Chairperson should file a
complaint for Violation of BPO (RA
9262), 30 days imprisonment
SERVICE OF BPO TO RESPONDENT:
SERVE PERSONALLY TO RESPONDENT
IF HE REFUSES TO RECEIVE, LEAVE IT
IN HIS HOUSE WITH AN ADULT AND SUBMIT A
REPORT TO BRGY CHAIRPERSON
OR IF HE IS NOT AT HOME FIND HIM IN HIS
WORKPLACE OR OTHER PLACES WITHIN
THE CITY
DUTIES OF BRGY OFFICIALS AND
LAW ENFORCERS
• ENTER HOUSE , WITH OR WITHOUT BPO
• ENSURE SAFETY OF WOMAN AND CHILD
• CONFISCATE WEAPONS IN POSSESSION
OR IN PLAIN VIEW
• ARREST WITHOUT A WARRANT WHEN
VAWC IS BEING COMMITTED, OR YOU
HAVE PERSONAL KNOWLEDGE THAT
VAWC WAS COMMITTED BY RESPONDENT
DUTIES
• IF RESPONDENT ESCAPED, REPORT
IMMEDIATELY TO THE POLICE AND
REQUEST FOR HOT PURSUIT – SO
RESPONDENT CAN BE ARRESTED
WITHOUT A WARRANT
• ASSIST VICTIM IN GETTING PERSONAL
BELONGINGS
• TRANSPORT OR ESCORT TO SAFE PLACE
OR CLINIC, HOSPITAL
IMMUNITY OF BRGY OFFICIALS,
SOCIAL WORKERS, ANY PERSON
WHO INTERVENE TO HELP VICTIM
ANY PERSON INCLUDES PRIVATE
INDIVIDUALS, POLICE OFFICERS
EXEMPT FROM CIVIL, CRIMINAL,
ADMINISTRATIVE LIABILITY
Thank you!
Irene P. Jaballas
Social Welfare Officer II
