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Republic Act No. 9262An act defining violence against women

and their children, providing for protective

measures for victims, prescribing penaltiestherefore, and for other purposes.

Violence against women and their children- refers to any act or a series of acts

committed by any person against a woman or

against her child whether legitimate orillegitimate, within or without the family abode,which result in or is likely to result in physical,

sexual, psychological harm or suffering, or

economic abuse.

Woman- refers to the following: wife

former wife one with whom the person has or had a

dating or sexual relationship

one with whom he has a common child

Child person below 18 years of age or olderbut who is unable to fully take care of

himself/herself from abuse, neglect, cruelty,exploitation or discrimination because of a

physical or mental disability or condition.

ACT OR ACTS WHICH CONSTITUTE

VIOLENCE AGAINST WOMEN AND THEIRCHILDREN

PHYSICAL VIOLENCE Refers to acts that include bodily or

physical harm. It includes causing, threatening,

attempting to cause physical harm to thewoman or her child or placing the woman

or her child in fear of imminent physical

harm.SEXUAL VIOLENCE

refers to an act which is sexual in nature

like rape, sexual harassment, acts of

lasciviousness, treating a woman or herchild as a sex object, making demeaningand sexually suggestive remarks, forcing

the wife and mistress/lover to live in the

conjugal home or sleep together in thesame room with the abuser, forcing the

woman or her child to watch indecentshows or do indecent acts, or prostitutingthe woman or child.

PSYCHOLOGICAL VIOLENCE refers to acts or omissions causing or is

likely to cause mental or emotional

suffering of the victim like intimidation,harassment, stalking, peering in thewindow or lingering outside the residence

of the woman or her child, entering orremaining in the dwelling or on theproperty of the woman or her childagainst his or her will, destroying the

property, public ridicule or humiliation,

repeated verbal abuse and maritalinfidelity, or unlawful or unwanted

deprivation of the right to custody and/or

visitation of common children.ECONOMIC ABUSE

refers to acts that make or attempt to

make a woman financially dependent like

withdrawal of financial support orpreventing the victim from engaging in

any legitimate profession, occupation or

business, deprivation or threat ofdeprivation of financial resources and the

right to the use and enjoyment of their

property, controlling the victims ownmoney or properties or solely controllingthe conjugal money or properties.

Remedies of the offended party1. File a Petition for a Protection Order

2. File a Criminal Action for Violation of Anti-

VAWC3. File a Criminal Action with reservation of a

separate civil action; or

4. File a Civil Action for Damages

PROTECTION ORDER Prohibition from threatening or

committing, any of punishable acts Removal and exclusion from the residence

regardless of ownership, temporarily orpermanently where no property rights are

violated Stay away from petitioner, any designated

family or household member Temporary or permanent custody of child

Support automatic remittance of salary

or income by employer Dept of Social Welfare & Dev to provide

shelter and social services

Purpose of Protection Orders

o

To prevent further acts of violenceagainst a woman or her child.

o to safeguard the victim fromfurther harm

o To minimize disruption in victims

daily lifeo Give her the opportunity and ability

to regain control over her life.

KINDS OF PROTECTION ORDER1. BARANGAY PROTECTION ORDER

(BPO)

Issued by the Punong Barangay, or in hisabsence the Barangay Kagawad, ordering

the perpetrator to desist from causing orthreatening to cause physical harm orbodily injury against the offended party.This is effective for 15 days.

2. TEMPORARY PROTECTION ORDER(TPO)

Issued by the Court on the day of filing Ex parte ; Priority over all other cases Effective for 30 days; extendible

Stay away order, temporary custody andsupport 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

3. PERMANENT PROTECTION ORDER(PPO)

issued by the court after notice andhearing and effective until revoked by the

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court upon application of the person inwhose favor the order was issued.

custody, support to the woman and/or her

children respondent to leave the residence

permanently with Bond to Keep the Peace

RELIEFS GRANTED UNDER THE PROTECTION

ORDERa) Prohibition from committing or

threatening to commit acts of violence;

b) Prohibition from harassing, annoying,

telephoning, contacting or communicatingwith petitioner;

c) Removal or exclusion of respondent from

residence of petitioner, regardless of

ownership of the residence, eithertemporarily or permanently;

d) Directing respondent to stay away from

the residence, school, place ofemployment of petitioner or designated

family or household member;e) Directing lawful possession and use by

petitioner of an automobile and otheressential personal effects, regardless of

ownership;f) Granting a temporary or permanent

custody of a child/children to petitioner;

g) Directing respondent to provide support tothe woman and/or her child if entitled to

legal support;

h) Prohibition to use, possess any firearm ordeadly weapon and to surrender the same

to the court including revocation of licenseand disqualification to apply for license;

i) Actual damages;j) Directing DSWD or any appropriate

agency to provide temporary shelter;

therapy, counseling, andk) other reliefs

WHO MAY FILE PETITION FOR PROTECTION

ORDER1. Offended party2. Parents or guardian

3. Ascendants, descendants and other relatives

4. Social Worker5. Police Officer

6. Punong Barangay or kagawad7. Lawyer, counselor or therapist8. Two (2) concerned and responsible citizens

WHERE TO APPLY FOR A PROTECTIONORDER

BPO - in the Barangay where the parties

reside or where the respondent resides.

TPO and PPO - in the Family Court where

the petitioner resides. If none, in the RTC, MeTC,MTCC, MTC or MCTC where the petitioner resides.

PENALTIES

A. Causing physical harm to the woman orher child

1. if constituting attempted, frustrated or

consummated parricide or murder orhomicide or mutilation punished inaccordance with the provisions of the

Revised Penal Code;

2. if constituting serious physical injuries penalty ofprision mayor;

3. if constituting less serious physical injuries

punished byprision correccional; and4. if constituting slight physical injuries

punished by arresto mayor.

B. Threatening to cause the woman or herchild physical harm imprisonment of two (2)degrees lower than the prescribed penalty for the

consummated crime but shall in no case be lowerthan arresto mayor.

C. Attempting to cause the woman or her

child physical harm punished by arrestomayor.D. Placing the woman or her child in fear of

imminent physical harm punished by arresto

mayor.

E. Attempting to compel or compelling the

woman or her child to engage in conduct whichthe woman or her child has the right to desist

from or to desist from conduct which the womanor her child has the right to engage in, or

attempting to restrict or restricting the womansor her childs freedom of movement or conduct

by force or threat of force, physical or other harmor threat of physical or other harm, or

intimidation directed against the woman or her

child punished byprision correccional.

F. Inflicting or threatening to inflict physical

harm on oneself for the purpose ofcontrolling her actions or decisions

punished by arresto mayor.

G. Causing or attempting to cause the woman orher child to engage in any sexual activity which

does not constitute rape, by force or threat of

force, physical harm, or through intimidationdirected against the woman or her child orher/his immediate family punished by prision

mayor.

H. Engaging in purposeful, knowing, or recklessconduct, personally or through another, that

alarms or causes substantial emotional or

psychological distress to the woman or her child punished byprision mayor.

I. Causing mental or emotional anguish, publicridicule or humiliation to the woman or her child punished byprision mayor.

DURATION AND EFFECTS OF PENALTIES

A. Prision Mayor and TemporaryDisqualification

The duration of the penalties of prision

mayor and temporary disqualification shallbe from six years and one day to twelveyears, except when the penalty ofdisqualification is imposed as an accessory

penalty, in which case its duration shall be

that of the principal penalty.

B. Prision Correccional, Suspension, andDestierro The duration of the penalties of prision

correccional, suspension and destierro

shall be from six months and one day to

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six years, except when suspension isimposed as an accessory penalty, in which

case, its duration shall be that of the

principal penalty.C. Arresto mayor

The duration of the penalty of arresto

mayor shall be from one month and oneday to six months.

D. Bond to keep the peace

The bond to keep the peace shall berequired to cover such period of time asthe court may determine.

BATTERED WOMAN SYNDROME (BWS)- refers to a scientifically defined pattern of

psychological and behavioral symptoms

found in women living in battering

relationships as a result of cumulativeabuse. This is a novel defense where

victim-survivors do not incur criminal and

civil liability.

Exemption from liability

NO CRIMINAL, CIVIL, ADMINISTRATIVELIABILITY

Any person, private individual, policeauthority, barangayofficial acting in

accordance with law, who responds orintervenes without using violence orrestraint greater than necessary to ensure

safety of the victim

Rights of victims Right to be treated with respect & dignity;

Legal assistance; support services fromDSWD, local governments

Privacy and confidentiality of records Additional 10 day paid leave from work

aside from present paid leave benefits

Effectiveness of the law

The law is a product of cooperation ofwomens rights organizations andlegislators, hence the comprehensive

remedies Protection Orders are being increasingly

used by women to protect themselves, get

support, get back their minor children

Barangayprotection order is available topoor rural women who have no easy

access to the courts Supreme Court issued a Rule on VAWC,

governs the trial of the case Government officials, including judges are

prohibited from mediating e.g. toinfluence the woman to give up her reliefs

Local government units are tasked with

education campaign to eliminate VAW Mechanism for government implementers

and support services Inter-Agency on VAW is provided in the

law; government implementers haveImplementing Rules and Regulations

enumerating their duties Problem: lack of funds for training

Problems, gaps, lessons:

The law does not provide for

appropriations, funding for training of

implementers and support services for thewoman

Corruption in the judiciary, prosecution

service Low level of gender sensitivity among

prosecutors Ignorance of the law by police officers

who are not in the womens and childrensdesks

Lack of quality gender sensitivity seminarsfor judges who are not family courtjudges, and prosecutors

Misuse of the laws and rules by lawyers,

e.g. retaliation suits against women whohave protection orders