14/07/2022
References:
Anti-Violence against Women and Their Children Act of 2004 (Republic Act 9262), Implementing Rules and Regulations
Reference Book on the Anti-Violence Against Women and their Children Act of 2004 (RA 9262). Published by the Support Service Institute of Women and the Democratic Socialist Women in the Philippines, 2006
9262?
R.A. 9262 covers several acts of violence, which are:
Physical Violence – acts that include bodily or physical harm (battery)
causing/threatening/attempting to cause physical harm to the woman or her child;
placing the woman or her child in fear of imminent physical harm
Sexual Violence – the acts which are s*xual in nature committed against a woman or her child. It includes, but is not limited to:
R**e, s*xual harassment, acts of lasciviousness, treating a woman or her child as a s*x object, making demeaning and s*xually suggestive remarks, physically attacking the s*xual parts of the victim’s body, forcing him or her to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser.
Causing or attempting to make the woman or her child to perform s*xual acts (that do not constitute R**e) by use of force, threats, intimidation directed against the woman, her child, or her immediate family.
Prostituting the woman or her child.
Psychological Violence – Acts or omissions causing or likely to cause mental or emotional suffering of the victim which includes, but is not limited to the following:
Controlling or restricting the woman’s or her child’s movement or conduct
Threatening to or actually depriving the woman or her child of custody or access to her/his family;
Depriving or threatening to deprive the woman or her child of a legal right;
Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, e.g. repeated verbal and emotional abuse, and denial of financial support or custody or minor children or denial of access to the woman’s child/children
Threatening or actually inflicting physical harm on oneself for the purpose of controlling the woman’s actions or decisions;
It includes causing or allowing the victim to witness the physical, s*xual or psychological abuse of a member of the family to which the victim belongs, or to witness po*******hy in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children.
Causing substantial emotional or psychological distress to the woman or her child:
Stalking or following the woman or her child in public or private places;
Peering in the window or lingering outside the residence or the woman or her child;
Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;
Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child;
Engaging in any form of harassment or violence
Economic Abuse – Acts that make or attempt to make a woman financially dependent upon her abuser, which includes, but is not limited to the following:
Preventing the woman from engaging in any legitimate profession, occupation, business or activity except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;
Controlling the woman’s own money or property; or solely controlling the conjugal or common money/properties;
Destroying household property;
Define children as used under R.A. 9262.
“Children” refers to those below eighteen (18) years of age or older but are incapable of taking care of themselves as defined under Republic Act No. 7610. As used in this Act, it includes the biological children of the victim and other children under her care.
Define dating relationship as used under R.A. 9262.
It is a situation wherein the parties live as husband and wife without the benefit of marriage or are romantically involved over time and on a continuing basis during the course of the relationship. A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a dating relationship.
Define s*xual relations as used under R.A. 9262.
It refers to a single s*xual act which may or may not result in the bearing of a common child.
Define “Battered Woman Syndrome” as used under R.A. 9262
It refers to a scientifically defined pattern of psychological and behavioral symptoms found in battered women as a result of a long history of abuse.
RA 9262 acknowledges that women who have retaliated against their partner or who commit violence as a form of self-defense may have suffered from Battered Woman Syndrome (BWS). Any victim who suffers from BWS should be diagnosed by a Psychiatric expert or a clinical psychologist. This will also help the victim in obtaining a just decision in her case. The law does not allow the offender to have custody of minor children. Their care is entrusted to the woman even if she is found to have BWS.
Who are the persons protected by R.A. 9262?
The law recognizes the unequal relations between a man and a woman in an abusive relationship where the woman is usually at a disadvantage.
The following are the persons who are protected by R.A. 9262:
Wife
Former Wife
A woman with whom the offender has or had s*xual relations with
A woman with whom the offender has a common child with
The legitimate or illegitimate child of the woman within or without the family abode
Is VAWC committed by men alone?
Women can also be liable under the law. These are the le***an partners/girlfriends or former partners of the victim with whom she has or had a s*xual or dating relationship.
What if the male spouse/partner complains about abuses committed by his wife/partner?
He may file a complaint or case under the Revised Penal Code.
What can women and children do under R.A. 9262?
Under the law, the offended party may file a criminal action, or apply for a Protection Order either as an independent action or as an incident in civil or criminal action and other remedies.
Who may file a complaint under R.A. 9262?
Any citizen having personal knowledge of the circumstances involving the commission of the crime may file a complaint because violence against women and their children is considered a PUBLIC crime.
Where should cases for VAWC be filed?
Cases may be filed in the Regional Trial Court designated as FAMILY COURT of the place where the crime was committed. These courts have original and exclusive jurisdiction over these cases.
What are the penalties for committing VAWC?
Offenders proven in court to be guilty of the crime shall be penalized with: imprisonment ranging from 1 month and 1 day to 20 years payment of P100,000 to P300,000 in damages mandatory psychological counseling or psychiatric treatment.
