Republic Act 9262
Republic Act 9262
Republic Act 9262
(VIOLENCE
AGAINST WOMEN
AND THEIR CHILDREN)
ACT of 2004
DEFINITION
Any Act or a Series of Acts
committed by any person against a
(1)woman who is his:
Wife
Former wife
Woman w/ whom one has or had a sexual or
dating relationship
Woman w/ whom one has a common child
(2)
continuation
Which result in or likely to result in
(1)physical, (2)sexual, (3)psychological
harm or suffering, or (4)economic
abuse
Including threats of such acts, battery,
assault, coercion, harassment, or arbitrary
detention of liberty
What is psychological
violence?
It refers to acts or omissions causing or likely
to cause mental or emotional suffering of the
victim, such as but not limited to:
Intimidation, stalking, damage to property,
public ridicule or humiliation, repeated verbal
abuse and marital infidelity.
continuation
It includes causing the victim to witness
abusive injury to pets or unlawful
deprivation of the right to
custody/visitation of common children
1.stalking
2. peering in the window or lingering outside the residence of
victim
3. remaining in the dwelling against victims will
4.destroying property or inflicting harm to pets of victim
Stalking
continuation
IF the violation happened a day before or
longer, the victim may request assistance
is filing a complaint with the nearest
police station/womens desk OR a
PUBLIC ATTORNEY or even a private
lawyer
continuation
The COMPLAINT-AFFIDAVIT will be
submitted to the Prosecutors Office, and the
latter will conduct an INQUEST
PROCEEDING/PRELIMINARY
INVESTIGATION
A Resolution will be issued by the Prosecutors
Office recommending the DISMISSAL/filing of
an INFORMATION in court
Court hearing will ensue
DECISION will be rendered by the Court,
either ACQUITTING OR CONVICTING the
accused-offender
imprisonment
continuation
FINE of P100,000-P300,000
AND
Mandatory psychological counseling or
psychiatric treatment
What is a PROTECTION
ORDER?
An order issued to prevent further acts of
VAWC and granting other reliefs, such as
a.Prohibiting respondent from threatening to
commit or committing personally or through
another, any VAWC.
b.Prohibiting respondent from harassing,
annoying, telephoning, contacting or
communicating with petitioner, directly or
indirectly
No telephoning
continuation
c.Removal or exclusion from the residence of
petitioner
d.Directing respondent to stay away from petitioner
at a distance designated by the court
Continuation
.
e.Directing lawful possession and use
by petitioner of an automobile and
other essential personal effects.
Continuation
h.Prohibition to use or possess firearm or
deadly weapon
i.Restitution for property damage, medical
expenses, childcare expenses and loss of
income
j.Directing DSWD to provide temporary
shelter.
Continuation
TPO/PPO-Family Court where
petitioner resides. OR, if no Family
Court, in any court where petitioner
resides
SC Decision (conspiracy)
Woman vs. Sps. Perfecto Tan, GR 168852, sept
30, 2008
Woman filed a petition for TPO against her
husband AND PARENTS-IN-LAW for
psychological violence, etc.
RTC granted TPO against the three
MR by in-laws granted
SC decided that rule on conspiracy will apply
despite lack of dating/sexual relationship with
victim
Is mediation/conciliation in an
application for a PROTECTION
ORDER allowed?
Confidentiality of records
All records pertaining to cases of violence
against women and their children including
those in the barangay shall be confidential.
Whoever publishes or causes to be published
the name, address, telephone number, school,
business address, employer, or other identifying
information of a victim or an immediate family
member, without the latter's consent, shall be
liable to the contempt power of the court.
SC Decision (confidentiality)
Pp. v. Melchor Cabalquinto, G.R. No.
167693, September 19, 2006
the Court shall withhold the real name of the
victim-survivor and shall use fictitious initials
instead to represent her. Likewise, the personal
circumstances of the victims-survivors or any
other information tending to establish or
compromise their identities, as well those of
their immediate family or household members,
shall not be disclosed
continuation
But failure to report incident makes them
liable criminally, civilly or
administratively whenever applicable or
fine of P10T
THANK YOU!