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THINGS TO KNOW ABOUT

RA 9262
ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN ACT OF
2004

RA 9262 is a law that protects the rights


of women & their children & also
eliminates violence as its usually
children and women are likely the victims
due to unequal power relations

adopted / signed on March 8, 2004 and


took effect last March 27, 2004


What is VAWC?

Violence Against Women and their Children (VAWC) is


defined as:
- Any act or a series of acts committed by any
person against a woman who is his wife, former wife.
- Against a woman with whom the person has or had
asexual or dating relationship,or with whom he has
common child,
- Against her child whether legitimate or illegitimate,
- within or without the family abode,
- whichresult in or is likely to result in physical,
sexual, psychological harm or suffering, or economic
abuse includingthreatsof such acts battering, assault,
coercion, harassment or arbitrary deprivation of liberty

Who are considered CHILDREN?

Anyone below 18 years of age, or older


but incapable of taking care themselves,
including the biological children of the
victim and other children under her care.

What are the FOUR (4) ACTS that


constitute VAWC ?

A.) Physical violence bodily harm or physical


harm.
B.)Sexual violenceis an act, which is sexual in
nature such as rape, sexual harassment.
C.)Psychological violence is anact that causes
mental or emotional suffering to the victim
such as intimidation stalking, marital infidelity.
D.)Economic violenceis acts that make the
woman financially dependent, such as
withdrawal on financial support, destroying
household property.

What are the rights of Victim


Survivor?

To be treated with respect and dignity


To confidentiality
To avail of legal assistance from the PAO or any public legal
assistance
To be entitled to support services from the DSWD and LGUs
To be entitled to all legal remedies and support provided by the
Family Code;T
To avail up to 10 days of leave of absence in addition to other paid
leaves
To be informed of their rights and the services available to them,
including their right to apply for aprotection order.
Violation of confidentiality shall have a penalty of one-year
imprisonment and a fine of not more than 500,000 pesos--- refers to
actions against public officers or individuals who would divulge in
public the contents of a privileged communication.

What are the 3 types of Protection Orders?

Barangay Protection Order (BPO)is issued


by Punong Barangay / Kagawad; effective for
15 days
Temporary Protection Order (TPO)refers to
the protection order issued by the Court on
the date of filing afterexpartedetermination
that such order should be issued; effective
for 30 days and renewable / extendable.
Permanent Protection Order (PPO)refers to
protection order issued by court after notice
and proper hearing.

What is the purpose of


Protection Orders ?

to prevent further acts of violence


against a woman or her child
safeguards the victim from further harm
minimizes any disruption in the victims
daily life
facilitates the opportunity and ability of
control over her life

What are the Mandatory Services for victimssurvivors?

temporary shelter
counseling
psycho-social services and or recovery and
rehabilitation programs
livelihood assistance;
medical assistance
Rehabilitative counseling and treatment to
perpetrators for them to learn constructive
ways of coping with anger and emotional
outburst and reform their ways

What are the PENALTIES for VAWC?

Imprisonment based on the provisions of


the Revised Penal Code
Fine ranging from 100,000.00 to
300,000.00
Mandatory psychological counseling or
psychiatric treatment for perpetrators

Immunity from suit

Any person, whether a private individual, a


public officer, or a government official /worker,
who,in accordance with law, intervenes
without using violenceor restraint greater
thannecessary to ensure the safety of the
victim, is not liable for any criminal, civil or
administrative accountability

What is BATTERED WOMAN


SYNDROME?

It is defined as pattern of psychological


and behavioral symptoms found in
women living in battering relationships as
a result of cumulative abuse (Sec. 3 & 5)
- Used as a justifying circumstances
- No criminal or civil liability
- Should be determined through the
assistance of psychiatrists / psychologists
(Secs. 26 & 32)

OTHER FEATURES

Provides for a prescriptive period from


10-20 years (Secs. 24 & 9)
Defines VAWC as public crime (Sec. 25)
Custody of minor children should be
given to the woman even if she is
suffering from Battered Woman
Syndrome (Secs. 28 & 6)