Topic 4 of 7
Philippine VAWC
Ask yourself
What protection does the law offer to women and children experiencing abuse?
Introduction
Violence within relationships is not a private matter. Republic Act No. 9262 recognizes violence against women and their children as a public crime and gives survivors immediate legal remedies.
What is it?
Violence Against Women and Their Children (VAWC) refers to any act or series of acts committed by a person against a woman who is his wife, former wife, or a woman with whom he has or had a sexual or dating relationship, or with whom he has a common child, or against her child, which results in physical, sexual, psychological harm or economic abuse.
Legal basis and applicable laws
- Republic Act No. 9262 — Anti-Violence Against Women and Their Children Act of 2004
- Section 3 — Definition of terms and forms of violence
- Section 5 — Acts of violence punishable under the law
- Sections 8 to 16 — Protection orders
Important legal provisions
Section 3(a), R.A. 9262 — Forms of violence
Physical violence (bodily or physical harm); sexual violence (acts sexual in nature, including rape, sexual harassment and forcing the woman to watch obscene material); psychological violence (acts causing mental or emotional suffering such as intimidation, harassment, stalking, public ridicule and repeated verbal abuse); and economic abuse (acts that make a woman financially dependent, including withdrawal of financial support).
Section 8, R.A. 9262 — Protection orders
A protection order is issued to prevent further acts of violence. It may prohibit the offender from committing violence, from contacting the victim, and may direct the offender to stay away, leave the residence, and provide support.
Sections 14 & 15, R.A. 9262
A Barangay Protection Order (BPO) is issued by the Punong Barangay and is effective for 15 days. A Temporary Protection Order (TPO) is issued by the court and is effective for 30 days. A Permanent Protection Order (PPO) is issued by the court after hearing (Section 16).
Section 24, R.A. 9262
Acts falling under Section 5(a) to (f) prescribe in twenty years; acts under Section 5(g) to (i) prescribe in ten years.
Section 26, R.A. 9262 — Battered Woman Syndrome
Victim-survivors found to be suffering from battered woman syndrome do not incur criminal or civil liability despite the absence of the necessary elements for self-defense.
Rights and responsibilities
Your rights
- The right to be treated with respect and dignity.
- The right to legal assistance, support services, and confidentiality of proceedings (Sections 35 and 44).
- The right to apply for a protection order — the victim, parents, relatives, social workers, police, barangay officials and others may file (Section 9).
- The right to paid leave of up to ten days in addition to other leave benefits (Section 43).
Your responsibilities
- Barangay officials and law enforcers must respond immediately to calls for help (Section 30).
- Healthcare providers must properly document and assist victims (Section 31).
- Everyone in the community is encouraged to report abuse.
Legal procedures and remedies
- 1Go to a safe place and seek medical help if injured.
- 2Report to the barangay VAW Desk or the Women and Children Protection Desk of the PNP.
- 3Apply for a Barangay Protection Order for immediate protection.
- 4File for a Temporary or Permanent Protection Order with the Family Court.
- 5File a criminal complaint with the Office of the Prosecutor.
Important reminders
- 1VAWC is a public crime — anyone with personal knowledge may file a complaint.
- 2The law applies even to dating relationships and former partners.
- 3Mediation or settlement of VAWC cases is not allowed in the barangay (Section 33).
- 4Being drunk or under the influence of drugs is not a defense (Section 27).
You do not need to be married to the abuser to be protected. Economic, emotional and psychological abuse are as punishable as physical violence.
Frequently asked questions
Can men be protected under R.A. 9262?+
R.A. 9262 specifically protects women and their children. Men who experience abuse may seek remedies under other laws, such as the Revised Penal Code.
How fast can I get a Barangay Protection Order?+
Under Section 14, the Punong Barangay shall issue the BPO on the date of filing after ex parte determination of the basis of the application.
Legal references
- [1]Anti-Violence Against Women and Their Children Act of 2004 Republic Act No. 9262 — LawPhil
This page is for educational purposes only and does not constitute legal advice.