Anti-Violence Against Women and Their Children Act of 2004

BY: LL ROSALES

RA No. 9262
Effectivity date: March 27, 2004
A special law protecting women and their children

from all forms of abuse

Types of Violence covered

PHYSICAL
PSYCHOLOGICAL, EMOTIONAL
SEXUAL
ECONOMIC

Sexual Violence
rape, SEXUAL HARASSMENT, acts of lasciviousness,
treating a woman/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 and mistress/lover to live in the conjugal
home or sleep together in the same room with the abuser;

Sexual Violence

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;
PROSTITUTING the woman or child.

Psychological Violence
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
MARITAL INFIDELITY

Psychological Violence
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
acts that make or attempt to make a woman financially

dependent which includes:

1. WITHDRAWAL OF FINANCIAL SUPPORT or preventing the

victim from engaging in any legitimate profession, occupation,

business or activity,
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.

Norma Del Socorro v.Ernst Van Wilsem

G.R. No. 193707, December 10, 2014
FACTS: Since 1995 in the Municipality of Minglanilla Cebu, and within the jurisdiction of the Court, the

accused, deliberately deprive, refuse and still continue to deprive his son RODERIGO NORJO VAN
WILSEM, a fourteen (14) year old minor, of financial support legally due him, resulting in economic
abuse to the victim. Norma and Ernst were divorced in Holland.
ISSUE: Whether or not a foreign national can be held criminally liable under R.A. No. 9262 for his

unjustified failure to support his minor child

HELD: To determine whether or not a person is criminally liable under R.A. No. 9262, it is imperative

that the legal obligation to support exists. The obligation to give support to a child is a matter that falls
under family rights and duties.
Since the law of the Netherlands as regards the obligation to support has not been properly pleaded and

proved in the instant case, it is presumed to be the same with Philippine law, which enforces the
obligation of parents to support their children and penalizing the non-compliance therewith. Based on
the foregoing legal precepts, we find that respondent may be made liable under Section 5(e) and (i) of
R.A. No. 9262 for unjustly refusing or failing to give support to petitioners son.

Def.: Violence Against Women & their

children (VAWC)
ANY ACT or SERIES OF ACTS committed by

ANY PERSON
against a WOMAN who is his:

WIFE,
FORMER WIFE,
or with whom the person has or had a sexual or DATING
RELATIONSHIP, or

with whom he has a COMMON CHILD, or

against HER CHILD/CHILDREN under her care

Which result or is likelytoresultin PHYSICAL,

SEXUAL, PSYCHOLOGICAL harm or suffering or

ECONOMIC ABUSE including threats of such acts,
Battery, assault, coercion, harassment or arbitrary
deprivation of liberty

"Datingrelationship" refers to 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.

Ang v. Court of Appeals

G.R. No. 182835, 20 April 2010 An "away-

bati" or a fight-and-kiss thing between two lovers is a

common occurrence. Their taking place does not
mean that the romantic relation between the two
should be deemed broken up during periods of
misunderstanding. Explaining what "away-bati"
meant, Irish explained that at times, when she could
not reply to Rustans messages, he would get angry at
her. That was all. Indeed, she characterized their
three-month romantic relation as continuous.

Elements
Relationship, past or present (regardless of whether

married or not; living together or not)

Sexual or dating relationship
Including lesbian relationships
With common child
Falling under Sec. 5 (punishable acts)

Sec. 5 Acts of VAWC

(A) Causing PHYSICAL HARM to the woman

or her child
If constituting attempted, frustrated or

consummated parricide or murder or

homicide shall be punished in accordance
with the provisions of the Revised Penal Code.

Sec. 5 Acts
(B) THREATENING to cause the woman or her child

physical harm;
punished by imprisonment of TWO DEGREES LOWER
than the prescribed penalty for the consummated crime,
but not lower than arresto mayor
(C) ATTEMPTING to cause the woman or her child physical

harm (the offender must commit an OVERT ACT that

clearly reveals his intention to inflict physical harm);

Sec. 5 Acts

(D) Placing the woman or her child IN FEAR of

imminent physical harm;

Example: In the course of a quarrel between spouses

A and B, A DREW HIS GUN from his waist and

cocked it; A can be held liable under Sec. 5(d) since
he placed B in fear of imminent physical harm
(Acts falling under Sec. 5(c) and 5(d) shall be
punished by arresto mayor)

Sec. 5 Acts
(E) COMPELLING or ATTEMPTING to compel the

woman or her child:

To ENGAGE in conduct which the woman/her child has the right

to desist
To DESIST from conduct which the woman/her child has the right
to engage in

PENALTY: PRISION CORRECCIONAL

Sec. 5 (e) Acts

attempting to restrict or RESTRICTING the woman's

or her child's freedom of movement or conduct by

FORCE or THREAT OF FORCE, PHYSICAL OR
OTHER HARM OR THREAT OF PHYSICAL or other
harm, or intimidation directed against the woman or
child.
Such acts are committed with the purpose or effect
of controlling or restricting the woman's or her
child's movement or conduct:

Sec. 5 (e) Acts

(1) Threatening to deprive or actually depriving the woman or

her child of CUSTODY to her/his family;

(2) Depriving or threatening to deprive the woman or her
children of FINANCIAL SUPPORT legally due her or her
family, or deliberately providing the woman's children
insufficient financial support;
(3) Depriving or threatening to deprive the woman or her
child of a LEGAL RIGHT;
(4) Preventing the woman in engaging in any legitimate
profession, occupation, business or activity or controlling the
victim's own money or properties, or solely controlling the
conjugal or common money, or properties;

Sec. 5 Acts
(F) Inflicting or threatening to inflict physical

harm ON ONESELF for the purpose of controlling

her actions or decisions
The word her CANNOT pertain to the child since
the child can be male or female;
Punishable by ARRESTO MAYOR

Sec. 5 Acts

Causing or attempting to cause the woman or

her child to ENGAGE IN ANY SEXUAL

ACTIVITY which does not constitute rape, by
force or threat of force, physical harm, or
through intimidation directed against the
woman or her child or her/his immediate family

PENALTY: PRISION MAYOR

Sec. 5
Engaging in knowing or reckless conduct, personally or through

another, that alarms or causes substantial emotional or

psychological distress, such as:
(1) STALKING
(2) Peering in the window or lingering outside the residence of
the woman or her child;
(3) Entering or remaining in the dwelling or on the property of
the woman or her child against her/his will;
(4) DESTROYING the property and personal belongings or
inflicting harm to animals or pets of the woman or her child;
and
(5) Engaging in any form of harassment or violence;

(I) Causing mental or emotional anguish, public

ridicule or humiliation to the woman or her child,

including, but not limited to, repeated verbal and
emotional abuse, and
denial of financial support or custody of minor
children of access to the woman's child/children.
PRISION MAYOR

Sec. 6 Penalties
If the acts resulted in MUTILATION: punishable in

accordance with the Revised Penal Code;

those constituting serious physical injuries: PRISION

MAYOR;
those constituting less serious physical injuries: PRISION

CORRECCIONAL;
and those constituting slight physical injuries: ARRESTO

MAYOR

Sec 6
AGGRAVATING CIRCUMSTANCE: MAXIMUM

PERIOD of penalty, when the acts were committed:

While the woman or child is PREGNANT
In the presence of her child

Ricky Dinamling v. People

G.R. No. 199522, June 22, 2015

FACTS: Dinamling and the woman AAA were in an ongoing five-year relationship and they

had two common children (then aged four and two years old). Dinamling and his friend
arrived as AAA was putting the two children to bed. Suddenly, Dinamling started to evict
AAA and the children, ordering AAA to pack her things in a trash bag and a carton box for
ducklings. He was sued for inflicting psychological violence upon AAA, a woman with whom
he has two common children, resulting to mental and emotional anguish and public ridicule
or humiliation by repeated verbal and emotional abuse consisting of several bad and
insulting utterances directed against the victim

HELD: Although petitioner Dinamling, up to this stage of the case, denies having caused the

incomplete abortion or miscarriage, he does not deny the fact of pregnancy itself. He did not
present contradictory evidence during trial to controvert the prosecution's assertions and
proof of pregnancy. The pregnancy was never put in issue during trial and on appeal. Neither
is the same in question in this petition. Therefore, it may be safely concluded that the fact of
AAA's pregnancy has been established and it may be taken account of and considered as a
circumstance that aggravates Dinamling's criminal liability.

Sec 6
In addition to imprisonment, the perpetrator shall:
(a) pay a FINE ranging from P100,000.00 to

300,000.00;
(b) undergo mandatory psychological counseling or

psychiatric treatment and shall report compliance to

the court.

Sec 7
VENUE OF THE CRIMINAL ACTION
The RTC designated as a Family Court shall have

original and exclusive jurisdiction over VAWC cases

In the absence of such court in the place where the

offense was committed, the case shall be filed in the

RTC where the crime or any of its elements was
committed at the option of the compliant.

Purpose of Protection Orders

to PREVENT further acts of violence against a

woman or her child.

to SAFEGUARD the victim from further harm

to MINIMIZE DISRUPTION in victims daily

life

give her the OPPORTUNITY and ability to

regain control over her life.

Kinds of Protection Orders

Barangay Protecton Order 15 days; not extendible

(enforceable within the Barangay)

Temporary Protection Order 30 days + (can be
renewed by court)
Permanent Protection Order
All TPOs/PPOs are enforceable ANYWHERE in the

Philippines

Sec 10 Where to Apply for TPO/PPO

An application for a TPO or PPO may be filed in the

regional trial court, metropolitan trial court,

municipal trial court, municipal circuit trial court
with territorial jurisdiction over the place of
RESIDENCE OF THE PETITIONER:
Provided, however, That if a family court exists in
the place of residence of the petitioner, the
application shall be filed with that court
Barangay Protection Order may be applied for in the
Barangay where the applicant resides

RELIEFS
Prohibition from threatening or committing, any

of punishable acts in Sec 5

Prohibition from harassing, annoying,
telephoning, contacting or otherwise
communicating with the petitioner, directly or
indirectly
Removal and exclusion from the residence
regardless of ownership, temporarily or
permanently where no property rights are
violated

RELIEFS
STAY AWAY from petitioner, any designated

family or household member

lawful possession and use by petitioner of an
automobile and other essential personal effects,
regardless of ownership
Temporary or permanent CUSTODY OF CHILD
Support automatic remittance of salary or
income by employer

RELIEFS

Prohibition of the respondent from any use or possession of

any FIREARM or deadly weapon

Restitution for actual damages caused by the violence
inflicted, including, but not limited to, property damage,
medical expenses, childcare expenses and loss of income
Dept of Social Welfare & Dev to provide shelter and social
services

Who may file for Protection Orders

Offended party
Parents or guardians
Ascendants, descendants, collateral relatives within

4th degree of consanguinity or affinity

Social workers of DSWD or LGUs
Police officers
PunongBarangay or kagawad
Lawyer, counselor, therapist, healthcare provider
At least 2 CITIZENS of the city or municipality who
have personal knowledge of the offense

Sec 11 How to Obtain a Protection Order

The application of the Protection Order must be in writing, signed and

VERIFIED UNDER OATH by the applicant. A standard protection order

application form, written in English with translation to the major
languages, which is readily available, shall contain the following
information:
a)
Names and addresses of the petitioner and the respondent;
b)
Description of relationships between the petitioner and respondent;
c)
Statement of the circumstances of abuse;
d)
Description of the reliefs requested by the petitioner;
e)
Request for counsel and reasons for such;
f)
Request for waiver of application fees until hearing;
g)
An attestation that there is no pending application for a protection
order in another court.

Sec 12 Enforceability
All TPOs and PPOs issued under this Act shall be

enforceable anywhere in the Philippines

a violation thereof shall be punishable with a fine

ranging from P5,000.00 to P50,000.00 and/or

imprisonment of six (6) months.

BPO
Issued by Punong Barangay on the date of the filing

of application
EX PARTE
Punong Barangay/ Kagawad personally shall serve a
copy on respondent
BPOs must be recorded in VAWC Logbook

Remedy for Violation of BPO

Punong Brgy/ Kagawad must file a complaint with

MTC
If he refuses to file a complaint, the victim-survivor
can file such complaint, without prejudice to
administrative, criminal or civil action that she may
file against the Brgy Official concerned
Violation of BPO punishable by 30-day
imprisonment, without prejudice to any other
criminal or civil action

Temporary Protection Order

Issued by the Court on the day of filing
Exparte;Priority over all other cases
Effective for 30 days; extendible
Stay away order, temporary custody and support to

woman and/or her children, use of

community/conjugal property
Bond to Keep the Peace
Enforceable anywhere in the country
No mediation; no conciliation

Tua v. Mangrobang
G.R. No. 170701, 22 January 2014
FACTS: The RTC granted the application for a TPO and ordered the husband to stop

committing and threatening to commit personally or through another, physical, verbal and
emotional harm or abuse against his wife and other family and household members; and to
refrain from harassing, annoying, or otherwise communicating with Amy. The husband
questioned the issuance of the TPO claiming that he was not afforded the chance to be heard,
thus violating his constitutional right to due process of law.
ISSUE: Can the TPO be issued to a wife even before hearing the side of her husband?
HELD: Yes; When the life, the limb or the property of the victim is in jeopardy and there is

reasonable ground to believe that the TPO is necessary to protect the victim from the
immediate and imminent danger of violence or to prevent such violence, which is about to
recur, then the court must act immediately. Time is of the essence in cases of violence against
women and children to prevent further violence. In such cases, the ordinary requirements of
procedural due process must yield to the necessities of protecting vital public interests, among
which is protection of women and children from violence and threats to their personal safety
and security

Permanent Protection Order

issued after notice and hearing
custody, support to the woman and/or her

children
respondent to leave the residence
permanently
with Bond to Keep the Peace

Sec 23 Bond to Keep the Peace

The Court may order any person against whom a

protection order is issued to give a bond to keep the

peace, to present TWO SUFFICIENT SURETIES who
shall undertake that such person will NOT COMMIT
THE VIOLENCE sought to be prevented.
If respondent fail to give bond, he shall be detained for

not more than six (6) MONTHS, if he shall have been

prosecuted for acts punishable under Sec. 5(a) to 5(f)
and not exceeding thirty (30) DAYS, if for acts
punishable under Sec. 5(g) to 5(I).

Sec 24 Prescriptive Periods

Acts falling under Sections 5(a) to 5(f) shall prescribe

in TWENTY (20) YEARS.

Acts falling under Sections 5(g) to 5(I)

TEN (10) YEARS.

Sec 25
VAWC shall be considered a PUBLIC OFFENSE

which may be prosecuted upon the filing of a

complaint by ANY CITIZEN HAVING PERSONAL
KNOWLEDGE of the circumstances involving the
commission of the crime.

Battered Woman Syndrome (BWS)

justifying circumstance: a scientifically defined pattern of

psychological and behavioral symptoms found in women

living in battering relationships as a result of CUMULATIVE
ABUSE.

Victim-survivors who are found by the courts to be suffering

from BWS DO NOT INCUR any criminal and civil liability

NOTWITHSTANDING THE ABSENCE OF ANY OF THE
ELEMENTS FOR JUSTIFYING CIRCUMSTANCES OF
SELF-DEFENSE under the Revised Penal Code.

BWS Requisites
The battered woman and batterer must have a marital, sexual,

or dating RELATIONSHIP
The battered woman must be suffering from PHYSICAL and

PSYCHOLOGICAL or EMOTIONAL distress

The distress resulted from CUMULATIVE abuse by the batterer
The battered woman must have actually FEARED imminent

harm from her batterer and HONESTLY BELIEVED in the need

to kill him in order to save her life

Sec 27 PROHIBITED DEFENSE

Being under the influence of alcohol, any illicit drug,

or any other mind-altering substance SHALL NOT

BE A DEFENSE under this Act.
AMNESIA brought about by INTOXICATION is a

prohibited defense under this law

People v. Genosa

FACTS: On the night of the killing, appellant and the victim quarreled and the victim beat the appellant.

However, appellant was able to run to another room. Appellant admitted having killed the victim with the use of
a gun. The information for parricide against appellant, however, alleged that the cause of death of the victim
was by beating through the use of a lead pipe.
ISSUE: can appellant validly invoke the battered woman syndrome as constituting self defense?
HELD: No, since appellant failed to prove that she is afflicted with the battered woman syndrome.

A battered woman has been defined as a woman who is REPEATEDLY SUBJECTED to any forceful physical or
psychological behavior by a man in order to coerce her to do something he wants her to do without concern for
her rights. Battered women include wives or women in any form of intimate relationship with men.
Furthermore, in order to be classified as a battered woman, the couple must go through the battering cycle AT
LEAST TWICE. Any woman may find herself in an abusive relationship with a man once. If it occurs a second
time, and she remains in the situation, she is defined as a battered woman.
More graphically, the battered woman syndrome is characterized by the so-called cycle of violence, which has

three phases: (1) the tension-building phase; (2) the acute battering incident; and (3) the tranquil, loving (or, at
least, nonviolent) phase. The defense fell short of proving all three phases of the cycle of violence

Sec 28 Custody of Children

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.

A victim who is suffering from battered woman syndrome

SHALL NOT BE DISQUALIFIED from having custody of her

children. In no case shall custody of minor children be given
to the perpetrator of a woman who is suffering from Battered
woman syndrome.

Sec 33 Prohibited Acts

A PunongBarangay,BarangayKagawador the

court hearing an application for a protection order

shall not order, direct, force or in any way unduly
influence the applicant for a protection order to
compromise or abandon any of the reliefs sought in
the application for protection under this Act

Garcia vs. J. Drilon and Garcia

FACTS: Rosalie filed a petition before the RTC of Bacolod City a Temporary

Protection Order against her husband, Jesus. Petitioners contended that

by not allowing mediation, the law violated the policy of the State to protect
and strengthen the family as a basic autonomous social institution.
ISSUE: Is a VAWC case subject to compromise?
HELD: The non-referral of a VAWC case to a mediator is justified.

Petitioners contention that by not allowing mediation, the law violated the
policy of the State to protect and strengthen the family as a basic
autonomous social institution cannot be sustained. In a memorandum of
the Court, it ruled that the court shall not refer the case or any issue thereof
to a mediator. This is so because violence is not a subject for compromise.

Sec 34 Exemption from Liability

any person, private individual or police authority or

barangay official who, acting in accordance with law,

responds or intervenes without using violence or
restraint greater than necessary to ensure the safety
of the victim, shall not be liable for any criminal, civil
or administrative liability resulting therefrom.

Sec 35 Rights of victims

Right to be treated with respect & dignity;
Legal assistance; support services from DSWD, local

governments
Privacy and confidentiality of records (sec 44)
To be entitled to all legal remedies and support as
provided for under the Family Code; and
To be informed of their rights and the services available to
them including their right to apply for a protection order.
Additional 10 day paid leave from work aside from
present paid leave benefits (sec 43)

Sec 38 Exemption from Docket Fee

If the victim is an indigent
there is an IMMEDIATE NECESSITY due to

imminent danger or threat of danger to act on an

application for a protection order

SECTION 40. The DSWD, and LGU's shall provide the

victims temporary shelters, provide counseling, psycho-social

services and /or, recovery, rehabilitation programs and
livelihood assistance.
The DOH shall provide medical assistance to victims.
SECTION 41. The DSWD shall provide REHABILITATIVE

COUNSELING and treatment to perpetrators towards

learning constructive ways of coping with anger and
emotional outbursts and reforming their ways. When
necessary, the offender shall be ordered by the Court to
submit to psychiatric treatment or confinement.

Sec 47 Suppletory Application of RPC

In GO-TAN V. TAN, GR No. 168852, Sept 30 2008:
FACTS: Respondents, parents-in-law of Go-Tan, claim that they

are not covered by RA No. 9262 since Sec. 3 thereof explicitly

provides that the offender should be related to the victim only by
marriage, a former marriage, or a dating or sexual relationship.
ISSUE: Are respondents covered by RA 9262?
HELD: Yes; While the said provision provides that the offender
be related or connected to the victim by marriage or sexual or
dating relationship, it DOES NOT preclude the application of the
principle of CONSPIRACY under the RPC. Indeed Sec. 47 of RA
9262 expressly provides for the suppletory application of the
RPC.