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Anti-Violence Against Women

and Their Children Act of 2004


(VAWC)

Republic Act No. 9262


Types of Violence Punishable under
this Law
PHYSICAL VIOLENCE
- Physical injuries
- Mutilation

PSYCHOLOGICAL VIOLENCE- acts or omissions


causing or likely to cause mental or emotional suffering,
including:
- Stalking
- Damage or property
- Ridicule
- Repeated verbal abuse
- Depriving the woman of access to her family
- Marital infidelity
Types of Violence Punishable under
this Law

SEXUAL VIOLENCE
- Forcing the woman to watch obscene movies
- Forcing the woman to engage in any sexual act
Types of Violence Punishable under
this Law
ECONOMIC ABUSE acts that make or
attempt to make a woman financially
dependent, including:
- withdrawal of financial support; preventing her
from engaging in a legitimate profession,business or
activity
- deprivation or threat of deprivation of financial
resources and the right to use conjugal or
community property
Def.: Violence Against Women & their
children (VAWC)

any act or series of acts committed by any PERSON


(male or female)
against a WOMAN who is his wife, former wife, or
with whom the person has or had a sexual or dating
relationships, or
with whom he has a common child, or
against her child
within or outside the residence
Def: VAWC

Which result or 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 protected

Women and

children of the abused woman


Who are liable

Husband, ex-husband
Boyfriend or ex
Father of the womans child
Lesbian girlfriends/partners or ex partners
Any person with whom the woman has/had a
sexual or dating relationship
Statutory Construction

Liberally construed to promote the protection


and safety of victims of VAWC
Sec. 5 Acts of VAWC
Causing, threatening, attempting to cause
physical harm to woman or her child
Placing the woman or her child in fear of
imminent physical harm
Attempting or compelling the women or her
child to engage in conduct which they have a
right to desist from, or to
desist from conduct which they have a right to
engage in
Sec. 5 Acts
attempting to restrict or restricting the
womans or her childs freedom of
movement or conduct by force or threat of
force, physical or other harm or threat of
physical or other harm,
intimidation directed against the woman
or her child
Sec. 5 Acts

Acts committed with the purpose or effect of


controlling or restricting the womans or her
childs movement by:
(1) depriving or threatening to deprive the
woman or her child or custody or access to her
family
(2) depriving them of financial
support;insufficient financial support
Sec. 5 Acts

(3) Depriving or threatening to deprive the


woman or her child of a legal right
(4) Preventing the woman from engaging in
any legitimate profession, occupation, business
or activity, or controlling the victims own
money or properties or solely controlling
conjugal or common money or properties
Sec. 5 Acts

Inflicting or threatening to inflict physical harm


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, by force or threat,
physical harm, intimidation directed against the
woman, her child, or immediate family *
Sec. 5 Acts

Engaging in knowing or reckless conduct, personally or


through another, that alarms or causes substantial emotional
or psychological distress to the woman or her child, including:
(1) stalking
(2) peering in window; lingering outside the residence
(3) entering or remaining in the house or on the
property of the woman or her child
(4) destroying property and personal belongings or
causing harm to animals, pets
(5) engaging in any form of harassment or violence *
Sec. 5 Acts

Causing mental or emotional anguish, public


ridicule, humiliation including repeated verbal
and emotional abuse*
denial of financial support or custody of minor
children or denial of access to the womans child
*

*PRESCRIPTION PERIOD: 10 years. All others,


20 years
Sec. 6 Penalties
Aggravating circumstance: if the woman
or child is pregnant or committed in the
presence of her child, the penalty shall be
the maximum of the period of penalty
Imprisonment plus : fine of P100,000-
P300,000, and mandatory psychological
counseling or psychiatric treatment
Venue
CRIMINAL ACTION:
- Family Court or if none,
- In the Regional Trial Court where the crime or
any of its elements was committed,
- at the option of the complainant.

PROTECTION ORDER : Family Court in the


residence of petitioner, if none, in the RTC, MTC,
MCTC
Protection Orders

PROTECTION ORDER to prevent further


acts of violence against a woman or her child.
To safeguard the victim from further
harm,minimizing disruption in victims daily
life, and give her the opportunity and ability to
regain control over her life.

KINDS OF P.O. Barangay Protection Order


- Temporary Protection Order
- Permanent Protection Order
Protection Orders
Prohibition from threatening or committing,
personally or through another, any of acts in
Sec. 5
Prohibition from harassing, telephoning,
contracting the petitioner
Removal and exclusion from the residence
regardless of ownership, temporarily or
permanently where no property rights are
violated
Stay away from petitioner, any designated
family or household member, from residence,
school, workplace, or specified place
Protection Orders

Directing law enforcer to accompany petitioner to the


residence, ensure possession of automobile and other
personal effects; supervise respondents removal of
belongings
Temporary or permanent custody of child
Support: automatic remittance of salary or income by
employer
Directing DSWD or appropriate agency to provide
shelter and social services
Who may file for Protection Orders (P.O.)

Offended party
Parents or guardians
Ascendants, descendants, collateral relatives within
4th degree of consanguinity or affinity
Social workers of DSWD or LGUs
Police officers
Punong Barangay or kagawad
Lawyer, counselor, therapist, healthcare provider
At least 2 citizens of the city or municipality who
have personal knowledge of the offense
Barangay Protection Order

Issued by Punong Barangay


Effective for 15 days only
Ordering perpetrator to desist from committing
physical harm or threatening
Ex parte proceedings [Sec. 5(a) & (b)]
Kagawad can issue if Punong Barangay is not
available
Temporary Protection Order

Issued by the court on the day of filing


Ex parte
Priority over all other cases
Effective for 30 days; extendible
Permanent Protection Order

Issued after notice and hearing


Priority over all other proceedings such
as election cases, habeas corpus, cases of
children (Sec. 20)
Public crime

Any citizen having personal knowledge or


the circumstances of the offense may file
a case
Battered Woman Syndrome (BWS)

BWS- scientifically defined pattern of


psychological and behavioral symptoms found
in women living in battering relationships as a
result of cumulative abuse.
A defense; justifying circumstance;
A victim with BWS is not disqualified from
having custody of her children
Perpetrator of woman with BWS shall not have
custody
Duties of Barangay Officials & Law
Enforcers
Enter the dwelling whether or not a P.O. has
been issued
Confiscate deadly weapon in possession or in
plain view
Transport or escort the victim to safe place or
clinic, hospital
Assist victim in removing personal belongings
from the house
Duties

Ensure enforcement of BPO, TPO, PPO


Arrest without a warrant
when the acts of violence is occurring, or
When s/he has personal knowledge that abuse has just been committed,
and there is imminent danger to life and limb of victim

Immediately report the call for assistance of


DSWD, LGU social workers or accredited
NGOs
Penalties for failure to report

Barangay official or law enforcer who fails to


report the incident shall be liable for
fine not exceeding P10,000 or civil, criminal or
administrative liability
Prohibited Acts
Barangay official or the court hearing the
application for a P.O. shall not order, direct,
force or in any way influence the applicant to
compromise or abandon any of the relief
sought.
No mediation or conciliation of acts of VAWC in
the barangay
Exemption from liability

NO CRIMINAL, CIVIL, ADMINISTRATIVE


LIABILITY :
Any person, private individual, police authority,
barangay official acting in accordance with law, who
responds or intervenes without using violence or
restraint greater than necessary to ensure safety of
the victim
Rights of victims

Right to be treated with respect & dignity;


Legal assistance; support services from DSWD,
LGUs
To be informed of their rights and services
available
Additional 10 day paid leave from work aside
from present paid leave benefits
Counseling & Treatment of
Offenders
DSWD shall provide rehabilitative counseling
and treatment of perpetrators
Constructive ways of coping with anger and
reforming their ways.
When necessary, the Court shall order offender
to submit to psychiatric treatment or
confinement
Confidentiality of records

Court records and barangay records


Right to privacy of victim
Violation: 1 year imprisonment & fine of
not more than P500,000
THANK YOU.

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