REPUBLIC ACT 9262
Anti-Violence Against Women and
their Children Act of 2004
PSSg Michelle V Banduriao
Women and Children Protection Desk
PRO MIMAROPA
What is RA9262 or the Anti-Violence Against
Women and Their Children Act of 2004?
It is a law the seeks to address
the prevalence of violence
against women and their children
(VAWC) by their intimate partners
like their husband or ex-husband,
live-in partner or former live-in
partner, boyfriend/girlfriend or ex-
boyfriend/ex-girlfriend, dating
partner or former dating partner.
What is Violence Against Women
and Their Children under RA9262?
https://www.youtube.com/watch?
v=pVLrxxhFOPY
It refers to any act or a series of
acts committed by an intimate
partner (husband, ex-husband,
live-in partner, boyfriend/girlfriend,
fiance, who the woman had
sexual/dating relationship):
• against a woman who is his wife, former wife;
• against a woman with whom the person has or
had a sexual or dating relationship,
• against a women with whom he has a common
child;
• against her child whether legitimate or
illegitimate within or without the family abode,
which results 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.
“Children”
refers to those below eighteen (18)
years of age or older but are incapable
of taking care of themselves as defined
under Republic Act No. 7610. As used
in this Act, it includes the biological
children of the victim and other children
under her care.
What are the acts of violence which
are covered under R.A. 9262?
Physical Violence – acts that include bodily or
physical harm (battery)
• causing/threatening/attempting to
cause physical harm to the
woman or her child;
• placing the woman or her child in
fear of imminent physical harm
Sexual Violence – the acts which are sexual in
nature committed against a woman or her child.
• 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.
• Causing or attempting to make the woman or her child to
perform sexual acts (that do not constitute Rape) by use of
force, threats, intimidation directed against the woman, her
child, or her immediate family.
• Prostituting the woman or her child.
Psychological Violence – Acts
or omissions causing or likely
to cause mental or emotional
suffering of the victim which
includes, but is not limited to
the following:
Controlling or restricting the woman’s or her child’s
movement or conduct
Threatening to or actually depriving the woman or her
child of custody or access to her/his family;
Depriving or threatening to deprive the woman or her
child of a legal right;
• Causing mental or emotional anguish, public ridicule
or humiliation to the woman or her child, e.g.
repeated verbal and emotional abuse, and denial of
financial support or custody or minor children or
denial of access to the woman’s child/children
• Threatening or actually inflicting physical harm on
oneself for the purpose of controlling the woman’s
actions or decisions;
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.
Causing substantial emotional or psychological distress
to the woman or her child:
Stalking or following the woman or her child in public or
private places;
Peering in the window or lingering outside the residence
or the woman or her child;
Entering or remaining in the dwelling or on the property
of the woman or her child against her/his will;
Destroying the property and personal belongings or
inflicting harm to animals or pets of the woman or her
child;
Engaging in any form of harassment or violence
Economic Abuse – Acts that make or attempt to make a
woman financially dependent upon her abuser, which
includes, but is not limited to the following:
• Preventing the woman 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;
• Controlling the woman’s own money or
property; or solely controlling the conjugal or
common money/properties;
• Destroying household property;
Dating relationship
• 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. A casual
acquaintance or ordinary
socialization between two individuals
in a business or social context is not
a dating relationship.
Sexual relations
• It refers to a single sexual act
which may or may not result
in the bearing of a common
child.
“Battered Woman
Syndrome”
• It refers to a scientifically defined pattern of
psychological and behavioral symptoms found in
battered women as a result of a long history of
abuse.
• RA 9262 acknowledges that women who have
retaliated against their partner or who commit
violence as a form of self-defense may have
suffered from Battered Woman Syndrome
(BWS). Any victim who suffers from BWS should
be diagnosed by a Psychiatric expert or a clinical
psychologist.
A protection order is an order issued under this act
for the purpose of preventing further acts of violence
against women or her child.
Barangay Protection Orders
(BPO) refer to the protection order issued
by the Punong Barangay ordering the
perpetrator to desist from committing acts
under Section 5 (a) and (b) of R.A. 9262.
BPO shall be effective for 15 days.
• Temporary Protection Orders (TPO) refers to
the protection order issued by the court on the
date of the filing of the application after ex
parte determination that such order should be
issued. The court may grant in a TPO any,
some or all of the reliefs mentioned in R.A.
9262 and shall be effective for thirty (30) days.
The court shall order the immediate personal
service of the TPO on the respondent by the
court sheriff who may obtain the assistance of
law enforcement agents for the service.
• Permanent Protection Order
(PPO) refers to the protection order issued
by the court after notice and hearing. The
court shall not deny the issuance of
protection order on the basis of the lapse of
time between the act of violence and the
filing of the application. PPO shall be
effective until revoked by the court upon
application of the person in whose favor it
was issued.
Who may file a Petition for Protection Orders?
• The offended party
• The parents or guardians of the offended party
• The 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
• At least two (2) concerned responsible citizens of the
city or municipality where the violence against
women and their children occurred and who has
personal knowledge of the offense committed
Can the barangay
officials mediate or
conciliate?
• No. Conciliation and mediation of
acts of violence against women
and their children are not allowed
under this law Sec. 33, R.A. 9262
amended sections 410-413 of the
Local Government Code. The
barangay officials, police or
social workers should not attempt
to mediate or influence the
woman to give up her legal action
or application for a BPO, TPO or
PPO.
What is the liability of a news reporter covering a pending court case for
violation of the Anti-VAWC Act if he or she includes in the TV report the
name and face of the woman, and other information without her consent?
The reporter can be liable for
contempt of court. All records
pertaining to cases of VAWC are
confidential. The court may also
impose a penalty of one (1) year
imprisonment and a fine not more
than Five Hundred Thousand
Pesos (P500,000.00).
Sources
• https://www.youtube.com/watch?v=pVLrxxhFOPY
• https://www.youtube.com/watch?v=nn-9ucqvMQs
• https://www.youtube.com/watch?v=f7mOV47_Wgw&t=6s
• https://pcw.gov.ph/faq-republic-act-9262/#:~:text=RA%209
262%20acknowledges%20that%20women,Battered%20
Woman%20Syndrome%20(BWS)
.
• https://cfo.gov.ph/wp-content/uploads/GAD/RA_9262_-_
ANTI-VIOLENCE_AGAINST_WOMEN_AND_THEIR_CHI
LDREN_ACT_OF_2004.pdf
Life is beautiful.
VAWChai2022
