RA 9262

Anti-Violence Against Women and

Their Children Act of 2004
 What is violence against women?

Any act which or series of acts which will result in

the 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)
 Who are the offenders?

• Any person (whether male or female)

– Husband
– Former husband
– Boyfriend, ex-boyfriend
– Father of the woman’s child
– Lesbian girlfriend /partners or ex-patners
– Any person with whom the woman has/had a
sexual or dating relationship
 Who are the possible victims?

• Wife
• Former wife
• A woman against whom the offender has or
had:
– sexual or
– dating relationship
– a common child
• Woman’s child
 Acts of violence against women
and their children
• Causing, threatening, attempting,
inflicting fear of physical harm
• Controlling or restricting the Prescribes
woman’s or the child’s movement in 20 years
or conduct
• Inflicting or threatening to inflict
physical ham on oneself for the
purpose of controlling her actions
or decisions
• Causing or attempting to cause the
woman or her child to engage in
any sexual activity which does not
constitute rape Prescribes in
• Engaging in purposeful, knowing or 10 years
reckless conduct, personally or
through another, that alarms or causes
substantial emotional or psychological
distress to the woman or her child.
• Causing mental or emotional
anguish, public ridicule or humiliation.
 Venue
• The Family Court in the place where the
offense was committed
• In the absence of a family court, the RTC
where the crime or any of its elements were
committed
Did you know???
 Reliefs under R.A. 9262
1. Criminal action for violation of R.A. 9262
2. Protection orders
– Barangay Protection Order
– Temporary Protection Order
– Permanent Protection Order
 What is a protection order?

• It is an order issued for the purpose of

preventing further acts of violence against a
woman or her child
 BPO TPO PPO

Purpose mandates the mandates the mandates the

abuser to desist abuser to desist abuser to desist
from causing or from committing from committing
threatening to any of the any of the
cause physical harm prohibited acts prohibited acts
to the woman and against the woman against the woman
her child and her child and her child
Validity 15 days; renewable 30 days; renewable Until revoked by
the court

Enforceability Within the Anywhere in the Anywhere in the

barangay issued Philippines Philippines

In case of violation Imprisonment for Contempt of court Contempt of court

thirty (30) days punishable under punishable under
Rule 71 of the Rules Rule 71 of the Rules
of Court of Court
 How to apply for a Protection Order
• The application must be in writing, signed and
verified under oath by the applicant

• Note: If the applicant is not the victim must have

victim’s affidavit attesting to the:
– Circumstances of abuse
– Consent for the filing of application

It may be filed as an independent action or as an

incidental relief.
 Contents of a Protection Order
• Prohibition from threatening or committing
acts of violence
• Prohibition from annoying, harassing or
communicating
• Removal of respondent from residence of
petitioner
• Directing respondent to stay away from
petitioner
• Directing lawful possession and use of car or
other personal effects
• Temporary custody of child
• Directing respondent to support the woman
or child
• Prohibition from use of firearm
• Actual damages
• Directing DSWD to provide what the
petitioner may need
 Paid Leave

• Victims are entitled for a paid leave of

absence for 10 days
• In addition to other paid leaves (Labor Code,
CSC)
• Extendible when necessity arises as provided
in the protection order
 Barangay Protection Order
Where to file the BPO?

If the abuser and victim live in the same

barangay, in that barangay.

If the same city/municipality but different

barangay, where the abuser or any one of the
abuser actually resides, at the choice of the
victim
 Barangay Protection Order

• In disputes arising at the workplace or school

where the parties work or study, in the
barangay where such workplace or institution
is located

(RE: RULE ON VIOLENCE AGAINST WOMEN AND THEIR CHILDREN,A.M.

No. 04-10-11-SC, October 19, 2004)
 Barangay Protection Order
Ex parte determination by
the Punong Barangay

BPO issued by the Punong Barangay

on the same day
(if Punong Barangay is not present, any Barangay Kagawad may do so)

Copy of BPO is issued to the respondent

 Temporary Protection Order

• Ex parte determination by the Court

• Issued on the day the action was filed

 Permanent Protection Order
• Notice and Hearing
(no postponement in case of non-appearance of
respondent)

Effect of respondent’s non-appearance: ex parte

presentation of evidence
• One-day hearing

• When hearing was not conducted within one

day and TPO is about to expire, may extend
TPO for another 30 days (until final
judgement).
• Effect of conviction/acquittal: Court still has to
judge on the PPO

• Effect of dismissal
General Rule: PPO still granted
Exception: There is clear showing that the act
did not exist
 Battered Woman Syndrome
No criminal and civil liability even if not all
elements of self-defense is present.
 Prohibited Defense for the abuser

• Being under the influence of alcohol, drugs or

any mind-altering substance is not a defense
 Persons Intervening
• No criminal, civil, administrative liability for
any person who:
1)acting in accordance with law
2)responds or intervenes
3) without using violence or restraint
greater than necessary to ensure the
safety of the victim
 Custody of Children

• The woman is entitled to the custody and

support of her child/children.
• Children below seven, automatically goes to
the woman.
• If woman suffering from battered woman
syndrome, in no case shall the custody of
minor children be given to the perpetrator.
 Constitutionality of R.A. 9262
(Garcia vs. Drilon G.R. No. 179267, June 25, 2013)

• The Anti-Violence against women and their

children act of 2004 does not violate the
guaranty of equal protection of the laws.
– It rests on substantial distinctions
Unequal relationship between men and women
Women are the usual and most likely victims of
violence
Gender bias and prejudices
• The classification is germane to the purpose of
the law
– SEC. 2. Declaration of Policy. 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.
• The classification is not limited to existing
conditions only, and apply equally to all
members
– R.A. 9262 applies equally to all women and children who suffer
violence and abuse. Section 3 thereof defines VAWC as: 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.
 R.A. 9262 is not violative of the
due process clause of the Constitution.
• When the TPO is issued ex parte, the court shall
likewise order that notice be immediately given to
the respondent directing him to file an opposition
within five (5) days from service.
• The essence of due process is to be found in the
reasonable opportunity to be heard and submit any
evidence one may have in support of one's defense.
"To be heard" does not only mean verbal arguments in
court; one may be heard also through pleadings.
Where opportunity to be heard, either through oral
arguments or pleadings, is accorded, there is no denial
of procedural due process.