VIOLENCE AGAINST WOMEN AND CHILDREN

(RA 9262)

R.A NO. 9262 address the violence committed against

women and their children in keeping with the fundamental
liberties guaranteedunder 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 Human Rights instrument.
Q. WHAT ACTS ARE PUNISHABLE UNDER THIS LAW?

A. 1. Physical Violence
2. Sexual Violence
3. Psychological Violence
 4. Economic Abuse

Q. WHAT CONSTITUTES PHYSICAL VIOLENCE?

A. ANY BODILY OR PHYSICAL HARM.

Q. ARE HOMOSEXUAL LIKE LESBIANS LIABLE UNDER THIS
ACT? HOW ABOUT GAYS?
A. LESBIANS ARE LIABLE. THE LAW SAYS THAT THE
VIOLENCE IS COMMITTED BY ANY PERSON AGAINST
A WOMAN WHO IS HIS WIFE, FORMER WIFE, OR HAS
COMMON CHILD, OR AGAINST HER CHILD WHETHER
LEGITIMATE OR ILLEGITIMATE, OR WHO HAD SEXUAL
OR DATING RELATIONSHIP. IT PRESUPPOSESTHAT THE
OFFENDER COULD EITHER BE A MAN OR A
WOMAN. GAYS ARE LIKEWISE LIABLE UNDER THIS ACT IF
THE VIOLENCE IS COMMITTED UNDER ANY OF THE ABOVE
CIRCUMSTANCES.
Q. WIFE A MARRIED TO B, A GAY. IN THE COURSE OF
HEATED ARGUMENT, B PHYSICALLY INJURED A. IS B LIABLE
UNDER THIS ACT?

A. YES B IS LIABLE FOR PHYSICAL VIOLENCE.

Q. IN THE ABOVE EXAMPLE, B ABANDONED A AND
FAILED TO GIVE SUPPORT, IS B LIABLE UNDER THIS
ACT?

A. YES. B IS LIABLE FOR ECONOMIC ABUSE

SPECIFICALLY FOR WITHDRAWAL OF FINANCIAL
SUPPORT.
Q. WHAT CONSTITUTES SEXUAL VIOLENCE?

A. REFERS TO ANY ACT WHICH IS SEXUAL IN NATURE

COMMITTED AGAINST A WOMAN OR
HER CHILD SUCH AS :
*RAPE
*SEXUAL HARASSMENT
*ACTS OF LASCIVIOUSNESS
*SEX OBJECT
*SEXUAL SUGGESTIVE REMARKS
 *PHYSICALLY ATTACKING THE SEXUAL PARTS
* FORCING TO WATCH OBSCENE PUBLICATIONS OR
INDECENT SHOWS OR TO DO INDECENT ACTS, OR
FORCING TO ENGAGE IN PROSTITUTION.
Q. WHAT CONSTITUTES PSYCHOLOGICAL VIOLENCE?

A. ANY ACT/OMISSION CAUSING MENTAL OR EMOTIONAL

SUFFERING OF THE VICTIM,
SUCH AS:
*INTIMIDATION
*HARASSMENT
*STALKING
*DAMAGE TO PROPERTY
*PUBLIC HUMILIATION
*REPEATED VERBAL ABUSE.
Q. WHAT CONSTITUTES
ECONOMIC ABUSE?
A. REFERS TO ACTS THAT MAKE OR ATTEMPT TO MAKE A WOMAN
FINANCIALLY DEPENDENT, SUCH AS:
*WITHDRAWAL OF FINANCIAL SUPPORT.
*PREVENT THE VICTIM FROM ENGAGING IN ANY LEGITIMATE
PROFESSION, OCCUPATION, BUSINESS OR ACTIVITY, EXCEPT ON
VALID GROUNDS.
*DEPRIVATION OF FINANCIAL RESOURCES.
*DEPRIVATION OF THE RIGHT TO USE AND ENJOYMENT OF THE
CONJUGAL, COMMUNITY OR PROPERTY OWNED IN COMMON.
*DESTROYING HOUSEHOLD PROPERTY.
*CONTROLLING VICTIMS OWN MONEY/PROPERTIES.
*CONTROLLING CONJUGAL MONEY/PROPERTIES.
Q. THE TITTLE OF THIS ACT PROVIDES “VIOLENCE
AGAINST WOMEN AND THEIR CHILDREN". DOES THIS MEAN THAT
THE OFFENSE BE COMMITTED AGAINST BOTH THE WOMAN AND
HER CHILD?

A. NO. AS READ IN ITS DEFINITION, THE OFFENDERS CAN

BE COMMITTED AGAINST A WOMAN OR HER CHILD,
PROVIDED THE WOMAN IS THE WIFE, FORMER WIFE, OR HAD
SEXUAL OR DATING RELATIONSHIP WITH THE OFFENDER.

Q. IF THE VICTIMS IS A CHILD, WHO FILES THE COMPLAINT?

A. IT COULD BE FILED BY THE MOTHER OR BY THE CHILD ALONE

TO BE ASSISTED BY THE POLICE OFFICER. THE
COMPLAINT SHOULD BE ACCOMPANIED BY A PROOF THAT THE
WOMAN IS THE MOTHER OF THE CHILD VICTIM (IE.
BIRTH CERTIFICATE); AND AFFIDAVIT OF THE MOTHER STATING
THE FACT OF RELATIONSHIP/STATUS WITH THE OFFENDER.
Q. WHERE SHOULD VAWC CASES BE FILED?

A. IN THE REGIONAL TRIAL COURT (RTC) DESIGNATED AS

FAMILY COURT. IN THE ABSENCE OF FAMILY COURT, IT
SHALL BE FILED IN THE RTC WHERE THE CRIME OR ANY OF ITS
ELEMENTS WAS COMMITTED, AT THE OPTION OF THE
COMPLAINANT.

Q. WHAT IS PROTECTION ORDER UNDER THIS ACT?

A. IT IS AN ORDER ISSUED TO PREVENT FURTHER ACTS OF

VIOLENCE AGAINST A WOMAN OR HER CHILD AND GRANTING
OTHER RELIEFS.

Q. WHAT ARE THE PROTECTION ORDERS REFERRED TO UNDER

THIS ACT?

BPO- BRGY. PROTECTION ORDER-ISSUED BY THE BRGY.

TPO-TEMPORARY PROTECTION ORDER-ISSUED BY THE

FAMILY COURT OR RTC, MTC, MCTC WHICH HAS TERRITORIAL
JURISDICTION OVER THE PLACE OF RESIDENCE OF THE
PETITIONER.
PPO-PERMANENT PROTECTION ORDER- ISSUED BY THE FAMILY
COURT OR RTC, MTC, MCTC WHICH HAS TERRITORIAL JURISDICTION OVER
THE PLACE OF RESIDENCE OF THE PETITIONER.

Q. WHAT IS THE EFFECTIVITY OF PROTECTION ORDER?

A. BPO- EFFECTIVE FOR FIFTEEN (15) DAYS FROM ISSUANCE.

TPO- EFFECTIVE FOR THIRTY (30) DAYS FROM ISSUANCE,

UNLESS THE COURT CONTINUOUSLY EXTEND OR RENEW FOR A PERIOD
OF THIRTY (30) DAYS AT EACH PARTICULAR TIME UNTIL FINAL JUDGMENT
IS ISSUED.

PPO- SHALL BE EFFECTIVE UNTIL REVOKED BY THE COURT UPON

APPLICATION OF THE PERSON IN WHOSE FAVOR THE ORDER WAS
ISSUED.

Q. WHAT MAY BE DONE IN CASE THE PROTECTION ORDER IS VIOLATED?

A. A COMPLAINT FOR VIOLATION OF BPO MAY BE FILED WITH THE

MTC, OR MCTC WHICH HAS JURISDICTION OVER THE BRGY. THAT
ISSUED THE ORDER. VIOLATOR SHALL BE PUNISHED WITH THIRTY (30)
DAYS IMPRISONMENT WITHOUT PREJUDICE TO THE FILLING OF CRIMINAL
AND/OR CIVIL CASE AGAINST HIM.
Q. WHAT IS THE NATURE OF VAWC?

A. ITS IS A PUBLIC CRIME.

Q. COULD IT BE FILED BY ANYBODY OTHER THAN THE

VICTIM WOMAN OR HER CHILD?

A. YES. IT CAN BE PROSECUTED UPON THE FILLING

OF COMPLAINT BY ANY CITIZEN HAVING PERSONAL
KNOWLEDGE OF THE CIRCUMSTANCES INVOLVING THE
COMMISSION OF THE CRIME.

Q. WHAT IS THE SO-CALLED “BATTERED WOMAN

SYNDROME” UNDER THIS ACT?

A. REFERS TO A SCIENTIFICALLY DEFINED PATTERN

OF PSYCHOLOGICAL AND BEHAVIORAL SYMPTOMS
FOUND IN WOMEN LIVING IN BATTERING
RELATIONSHIP AS RESULT OF CUMULATIVE ABUSE.
Q. A WIFE X IS REPEATEDLY BEING MALTREATED BY HER
HUSBAND Y. IN ONE OCCASION, Y ONCE AGAIN INFLICTED
PHYSICAL ABUSE TO X. AND IN THE COURSE OF SUCH INCIDENT,
X KILLED Y. IS X CRIMINALLY AND/OR CIVILLY LIABLE?

A. NO. APPARENTLY, X IS SUFFERING FROM BATTERED WOMAN

SYNDROME. SHE DOES NOT INCUR ANY CRIMINAL AND CIVIL
LIABILITY UNDER THIS ACT.

Q. WHAT PROOF NEEDED TO SHOW THAT THE VICTIM WOMAN IS

SUFFERING FROM “BATTERED WOMAN SYNDROME”?

A. TO DETERMINE THE STATE OF MIND OF THE VICTIM, THE

COURT SHALL BE ASSISTED BY PSYCHIATRIST/PSYCHOLOGIST.

Q. WHAT ARE THE DUTIES OF POLICE OFFICERS AND OTHER LAW

ENFORCERS UNDER THIS ACT?

-RESPOND IMMEDIATELY TO CALL FOR HELP OR REQUEST

FOR ASSISTANCE OR PROTECTION OF THE VICTIM; -CONFISCATE
ANY DEADLY WEAPON IN THE POSSESSION OF THE
PERPETRATOR OR WITHIN PLAIN VIEW;

-TRANSPORT OR ESCORT THE VICTIM/S TO SAFE PLACE OF

THEIR CHOICE, OR TO CLINIC OR HOSPITAL;

-ASSIST THE VICTIM IN REMOVING PERSONAL BELONGINGS FROM

THE HOUSE;

-ASSIST THE BARANGAY OFFICIALS AND OTHER

GOVERNMENT OFFICERS AND EMPLOYEES WHO RESPOND TO A
CALL FOR HELP;

-ENSURE THE ENFORCEMENT OF THE PROTECTION

ORDERS ISSUED BY THE PUNONG BRGY. OR THE COURTS;

- ARREST THE SUSPECTED PERPETRATOR WITHOUT A

WARRANT WHEN ANY OF THE VIOLENCE UNDER THIS ACT
IS OCCURING, OR WHEN SHE/HE HAS PERSONAL
KNOWLEDGE THAT ANY ACT OF ABUSE HAS JUST BEEN
COMMITTED, AND THERE IS IMMINENT DANGER TO THE
LIFE OR LIVES OF THE VICTIM(S);
- IMMEDIATELY REPORT THE CALL FOR ASSESSMENT OR
ASSISTANCE TO THE DSWD, SWD OF LGUS OR ACCREDITED
NGOS.

Q. WHAT IS THE LIABILITY OF THE POLICE OFFICER OR LAW

ENFORCER WHO FAILS TO REPORT THE INCIDENT FOR
ASSISTANCE?

A. HE SHALL BE LIABLE FOR A FINE NOT EXCEEDING P10,000.00

OR WHENEVER APPLICABLE CRIMINAL, CIVIL, OR
ADMINISTRATIVE LIABILITY.

Q. DOES THE PNP HAVE SPECIAL UNIT TO ACCOMMODATE AND

ASSIST VAWC VICTIMS?

A. YES. THE PNP HAS THE WOMEN AND CHILDREN PROTECTION

DESK (PNP-WCPD) WHICH IS EXISTING IN THE DIFFERENT POLICE
STATIONS NATIONWIDE.
 Q. WHAT SHOULD THE POLICE OFFICER D WHEN THE VICTIM SEEKS
ASSISTANCE FR VAWC INCIDENT?

1. INTERVIEW THE VICTIM COMPLAINANT AND HER

WITNESS/ES, IF ANY. STATE THIS FACT IN THE POLICE BLOTTER;

2. ASSIST THE VICTIM/COMPLAINANT AND HER WITNESS/ES

IN THE PREPARATION OF COMPLAINT AFFIDAVIT/S;

3. REFERS THE COMPLAINT TO THE PRESECUTOR FOR

PRELIMINARY INVESTIGATION;

4. PROSECUTOR FILES A CASE IN COURT AND APPLIES FOR

TEMPORARY PROTECTION ORDER; AND

5. IF THE PROSECUTOR DISMISSES THE CASE, THE POLICE

OFFICER MAY ASSIST THE VICTIM TO APPEAL THE CASE TO THE
DOJ.
IN HANDLING VAWC CASES, A FLOWCHART IS HER TO FORE INCORPORATED FOR
YOUR GUIDANCE AND REFERENCE.

START

Victim reports incident to PNP

Station

PNP interview victim &

witness/s and informs victim of
her rights

PNP assists victim for medical

attention & refers to nearest
available hospital

PNP refers complaint to

prosecutor for preliminary
investigation

Prosecutor files a case

YES
Prosecutor files a case in
Victim appeals case to
court & applies for
DOJ
Temporary Protection
Order
FLOWCHART IN HANDLING VAWC CASES
THANK YOU
AND
WASSALAM!!!