Lance Kerwin S.

Duco May 29, 2017

Fernan Joshua Bantiding

Analysis of “Anti-Violence Against Women and Their Children Act of 2004" also known as
Republic Act 9262 based on Social Psychology Theories

“It is hereby declared that the State values the dignity of women and children and
guarantees full respect for human rights. The State also recognizes the need to protect the family
and its members particularly women and children, from violence and threats to their personal
safety and security.”1 This is the declaration of policy by the Republic Act 9262 (R.A. 9262)
emphasizing on the importance of the recognition of women’s and children’s rights, and the
protection of the family, particularly women and children from violence and threats to their
safety. While the policy recognizes the protection of the family in general, the emphasis is on the
preservation of the safety and welfare of the women and children.

The second paragraph of the declaration of policy further strengthens the view provided
above: “Towards this end, the State shall exert efforts to address violence committed against
women and children 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.”2

It is safe to assume that a reader would see the basic premise of a statute through the
declaration of policy. Hence, it is significant to understand, particularly in the analysis of this
law, the implications that the declaration of policy is trying to convey.

The declaration of policy of R.A. 9262 implies that the stress of the protection is focused,
if not, the only focus is the preservation of the safety and security of women and children. This
brings us to the Action Identification theory of Social Psychology which provides that people
tend to accept a single act identity for their own behavior and makes a framework under which
people maintain such act identity or assume a new one.3 The theory implies that people recognize
basically the same interpretation for a particular action. 4 Relating to the declaration of policy of
the law, it may be implied that the law assumes that women and children need to have a specific
law for their safety and security because they basically cannot protect themselves enough when
another individual inflicts them harm, whether the harm is verbal or physical. Basically, the law
recognizes that women and children cannot provide enough defense to preserve their safety and
security.

1
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR
VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES, Pub. L. No. Congress of the Philippines-Republic Act
9262, § 2 (2004).
2
Id.
3
Action Identification Theory. (n.d.). Retrieved May 25, 2017, from http://psychology.iresearchnet.com/social-psychology/social-psychology-
theories/action-identification-theory/
4
Id.
 Recognizing the implication of the law with regards to women and children, it is readily
acceptable that children do not have enough capacity to defend themselves when somebody more
powerful is inflicting harm upon them. However, this may not be true to women. As a matter of
fact, Social Structure Theory states that women are capable of doing instrumental
aggression.5Furthermore, instrumental aggression gives more difficulty for the victim to
recognize that he or she has been the target of intentional-harm. 6 It seems that the law readily
accepts the assumption that women do not have the capacity to be aggressive themselves. In fact,
women have the more cunning way of showing aggression.

The analysis brings us further to the Attachment Theory. This theory explains the
phenomenon of relationship-interaction between a child and the care-giver.7 The theory states
that when the attachment figure is near, available, and attentive to the child, then the child feels
secure, confident, and loved.8 Moreover, the child is likely to explore the surroundings, play with
others other than the care-giver, and be outgoing. 9 In relation to the law under analysis, the law
positively recognizes the importance of protecting this mother-child bond for the ultimate
welfare of the growing child. The law is a positive intervention on the part of the State to make
sure that this cherished mother-child bond will be preserved. As a matter of fact, the law
provides a definition of violence against women and their children that is comprehensive enough
in securing the continuity of the mother-child bond: “‘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.”10

Further securing the attachment between the mother and the child, the law provides for
custody of the child in favor of the victim mother: “The woman victim of violence shall be
entitled to the custody and support of her child/children. Children below seven (7) years old
older but with mental or physical disabilities shall automatically be given to the mother, with
right to support, unless the court finds compelling reasons to order otherwise.”11

Moreover, the law provides for temporary and permanent protection orders that could be
availed of to make sure that the mother-child bond will be secured, or if breached, will be placed
to normal state:

5
Taylor, M. M. (n.d.). Evolutionary Versus Social Structural Explanations for Sex Differences in Mate Preferences, Jealousy, and Aggression.
Retrieved May 25, 2017, from http://www.personalityresearch.org/papers/denisiuk.html
6
Id.
7
Attachment Theory. (n.d.). Retrieved May 25, 2017, from http://psychology.iresearchnet.com/social-psychology/social-psychology-
theories/attachment-theory/
8
Id.
9
Id.
10
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR
VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES, Pub. L. No. Congress of the Philippines-Republic Act
9262, § 3 (2004).
11
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR
VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES, Pub. L. No. Congress of the Philippines-Republic Act
9262, § 28 (2004).
 “SECTION 15. Temporary Protection Orders. – Temporary Protection Orders (TPOs)
refers to the protection order issued by the court on the date of filing of the application after ex
parte determination that such order should be issued. A court may grant in a TPO any, some or
all of the reliefs mentioned in this Act and shall be effective for thirty (30) days. The court shall
schedule a hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO.
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. The TPO shall
include notice of the date of the hearing on the merits of the issuance of a PPO.

SECTION 16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers
to protection order issued by the court after notice and hearing.”

The Broaden and Build Theory reinforces the positive analysis of the law. This theory
provides that pleasant feelings such as joy, serenity, love, gratitude, and interest do not merely
make a person feel good at the moment, but they also pave the way for positive development. 12
By promulgating the law, pleasant feelings, and the security of the opportunity for positive
growth are preserved. Moreover, the theory provides that people who experience positive
emotions are more equipped in dealing with life’s problems and difficulties. 13 The law will likely
secure positive emotions that could help the woman or the child in becoming furnished in facing
life’s difficulties.

The analysis further brings us to the Cognitive Dissonance Theory which suggests that
life gives us situations that create inconsistencies in ourselves.14 Moreover, we like to think and
choose what is good for us.15In our efforts to decrease our dissonance, we seem to distort our
selections and make them better. 16 The law must be very effective in assisting women and
children in their dealings with cognitive dissonance. The law provides in detail what constitute
violence against women and their children:

“It includes, but is not limited to, the following acts:

A. ‘Physical Violence’ refers to acts that include bodily or physical harm;

B. ‘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:

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 her/him 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

12
Broaden-and-Build Theory. (n.d.). Retrieved May 25, 2017, from http://psychology.iresearchnet.com/social-psychology/social-psychology-
theories/broaden-and-build-theory/
13
Id.
14
Cognitive Dissonance Theory. (n.d.). Retrieved May 26, 2017, from http://psychology.iresearchnet.com/social-psychology/social-psychology-
theories/cognitive-dissonance-theory/
15
Id.
16
Id.
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;

c) Prostituting the woman or child.

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 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.

D. ‘Economic abuse’ refers to acts that make or attempt to make a woman financially
dependent which includes, but is not limited to the following:

1. 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;

2. 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;

3. destroying household property;

4. controlling the victims' own money or properties or solely controlling the conjugal
money or properties.”17

The details provided by law above make sure that the cognitive dissonance that may
result from violence inflicted upon women and children will to a significant degree be prevented.

Despite the clear importance of R.A. 9262, its implementation had been difficult. For
one, we belong to a culture that has been always been hesitant in dealing with other people’s
domestic issues. For another, there had been problems on information dissemination at the
barangay level, where it is needed the most.

Other than difficulties in implementation, the validity of R.A. 9262 had been challenged.
In a petition filed before the Supreme Court, the question of the constitutionality of R.A. 9262
was deliberated upon and resolved. The validity of said law was assailed on the grounds of
being discriminatory, unjust and violative of the equal protection clause enshrined in the
17
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR
VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES, Pub. L. No. Congress of the Philippines-Republic Act
9262, § 3 (2004).
Constitution. Said petition was denied by the Supreme Court a little less than three months ago,
on June 25, 2013. In short, the Supreme Court upheld the constitutionality of R.A. 9262.

As described by the Supreme Court, RA 9262 is a piece of “landmark legislation”. It was

enacted on March 8, 2004 and became effective on March 27 of the same year. Its full title is
“The Anti-Violence Against Women and their Children Act of 2004”. R.A. 9262 is a special law
that defines acts of violence against women and their children, or “VAWC”; penalizes such acts;
and provides protective measures and remedies. Brought about by the undeniable need for a law
to protect women and children from domestic violence, and supported by the advocacy of
concerned women’s groups, Congress enacted the said law, with the aim of giving women more
than a fighting chance in seeking redress in a legal system that was still replete with the
patriarchal influence of the past.
---stereotype

Violence is broadly defined to include physical, sexual, psychological or economic kind.

Physical violence is covered, whether it is actual, attempted, threatened or even just placing the
woman in fear of the same. Sexual abuse is covered, and it includes acts from rape to making
demeaning and sexually suggestive remarks. Psychological abuse could be any act or omission
that causes or likely to cause the mental or emotional suffering of the victim, while economic
abuse refers to acts that make or attempt to make a woman financially dependent. All these are
remedied and prevented by the issuance of protection orders and may be issued by the court or
the Punong Barangay.
---aggression

The coverage of this law is quite expansive. Other than the wife and ex-wife, this law
also covers those who, although not married, have had dating relationships. This type of
relationship is described in R.A. 9262 as the protected woman and another person being
“romantically involved over time and on a continuing basis during the course of the
relationship.” R.A. 9262 expressly excludes, “a casual acquaintance or ordinary socialization
between two individuals in a business or social context cannot be considered as a dating
relationship.” Sexual relations is then defined as “a single sexual act which may or may not
result in the bearing of a common child.”
---social hierarchy, relationships

The Supreme Court ruled that that the law does not violate the guarantee of equal
protection of laws because it rests on substantial distinctions. Backed by the recorded intent of
the framers of the law, as well as statistics from the Philippine National Police, the decision
recognized the historically unequal power relationship between men and women, and that
“women are the usual and most likely victims of violence.” It likewise declared that the
enactment of R.A. 9262 “aims to address the discrimination brought about by the biases and
prejudices against women,” and that the distinct classification being made between women and
men is germane to the purpose of the law. The Supreme Court affirmed that R.A. 9262,
including the power to issue protection orders ex parte, or without notice and hearing to the
respondent, did not violate the due process clause of the Constitution.
 As it is, with the clear declaration by the Supreme Court, R.A. 9262 is valid and
constitutional. This piece of landmark legislation is proof that that women and children in this
country deserve special protection and their war against violence could be won.
-social perception

Stalking
- The term refers to an intentional act committed by a person who, knowingly and
without lawful justification follows the woman or her child or places the woman or her child
under surveillance directly or indirectly or a combination.

Stalking is defined as repeated and unwanted attention, harassment, contact, or any other
behavior directed at a specific person that would cause a reasonable person to feel fear. The
relentless neurotic nature of the stalker can take the form of harassing their targets, calling them
repeatedly, as well as sending letters and gifts. If these are ineffective, the individual may
escalate to more intrusive behaviors such as spying on, and unexpectedly confronting their
victims. In reality, most stalkers do not suffer from hallucinations or delusions, although many
do suffer from other forms of mental illness including depression, substance abuse, and
personality disorders.

There are types of stalkers. One is the intimacy seeker identifies a person, often a
complete stranger, as their true love and begins to behave as if they are in a relationship with that
person. The focus of management of intimacy seekers is on the underlying mental disorder
coupled with efforts to overcome the social isolation and the lack of social competence that
sustains it.

The incompetent subtype like the intimacy seeker, hopes their behavior would lead to a
close relationship, satisfying their need for contact and intimacy. Given their inability to
comprehend and carry out socially normal and accepted courting rituals, the incompetent stalker
uses methods that are often counterproductive and frightening. The resentful stalker experiences
feelings of injustice and desires revenge against their victim rather than a relationship. Their
behavior reflects their perception that they have been humiliated and treated unfairly, viewing
themselves as the victim. It is has been found that resentful stalkers often regard their fathers as
highly controlling. The resentful stalker experiences feelings of injustice and desires revenge
against their victim rather than a relationship. Their behavior reflects their perception that they
have been humiliated and treated unfairly, viewing themselves as the victim. It is has been found
that resentful stalkers often regard their fathers as highly controlling. The predator stalker also
has no desire for a relationship with their victims, but a sense of power and control. Mullen
explains that they find pleasure in gathering information about their victim and fantasizing about
assaulting them physically, and most frequently sexually.