Violence Against Women and

Children
Republic Act Number 9262
What is VAWC?
These are acts which constitutes violence in
different forms committed against women to
whom a person shares a relationship with and
against her child within or without the family
abode.
To whom is VAWC committed against?
Violence against women and children exists
when committed against:
1. A woman who is his wife or former wife;
2. A woman with whom a person has or had a
sexual or dating relationship
3. A woman with whom he has a common child
4. The child of the former whether legitimate or
illegitimate.
*Source: Section 3 (a) R.A. No. 9262
Is VAWC committed by men alone?
No. Women can also be liable under the law.
These are the lesbian partners/girlfriends or
former partners of the victim with whom she
has or had a relationship.
(Source: Barangay Protection Order: A Primer. DILG.
National Operations Office. 2004)
Who are protected under the law?
The Law protects the woman and her children
The victim, the child who is a minor
(legitimate or illegitimate)
Is any person above 18 still protected
under the law?
As a general rule, no. However, a person who
is age 18 and beyond who doesnt have the
ability to decide for himself/herself because of
an emotional, physical, or mental illness can
make full use of the law.

What are the acts thats constitute
VAWC?
Physical Violence bodily or physical harm
Sexual Violence an act sexual in nature such as
rape, sexual harassment
Psychological violence act that causes mental or
emotional suffering to the victim such as
intimidation, stalking, marital infidelity.
Economic violence - acts that make the woman
financially dependent, such as withdrawal
on financial support, destroying household
property.
*Source: Section 3 (a) R.A. No. 9262


What are the penalties for committing
VAWC?
Imprisonment and payment of P100,000 to
P300,000 in damages. The length of
imprisonment depends on the gravity of the
crime. The offender is also obliged to undergo
psychological counseling or psychiatric
treatment.
*Source- Section 6 R.A. No. 9262
What can aggravate the acts of
violence committed?
1. While the woman or child is pregnant;
2. In the presence of her child.

*Source: Section 6 of R.A. No. 9262
*Effect: The maximum period of the prescribed penalty shall
be imposed.
What if the mate spouse/partner
complains about abuses committed by
his wife/partner?
May he file a case founded on R.A. No. 9262?
No. The cause of action arises from violation of
the Revised Penal Code.
What are the rights of the victim-
survivor?
1. To be treated with respect and dignity
2. To confidentiality
3. To avail of legal assistance from the PAO or any public legal
assistance
4. To be entitled to support services from the DSWD and LGUs
5. To be entitled to all legal remedies and support provided by
the Family Code;
6. To avail up to 10 days of leave of absence in addition to
other paid leaves
7. To be informed of their rights and the services available to
them, including their right to apply for a protection order.

Where can VAWC victims seek help?
At the DSWD and the following government
womens desk:
1. PNP
2. NBI
3. DOJ Public Attorneys Office
4. PGH
5. Womens Crisis Center
What can a woman and children do
under the law?
The law allows women and their children to
secure Barangay protection order and/or
temporary or permanent protection order
from the courts. They can also file an
independent civil action for the damages and
criminal action for the violation of Anti-VAWC
Act.
What is a protection order?
A protection order is a remedy available for
any woman or child whos person or right is
violated under R.A. 9262. This may be applied
for in order to prevent further acts of violence
against them, minimize disruption in their
daily lives, and facilitate the opportunity and
ability to independently regain control over
their lives.
*Source: Section 8 R.A. No. 9262
What are the 3 types of Protection
Orders?
Barangay Protection Order
Issued by the Punong Barangay/ kagawad; effective for 15
days
Temporary Protection Order
Refers to the protection order issued by the Court on the
date of filing after ex parte determination that such order
should be issued; effective for 30 days and renewable /
extendable.
Permanent Protection Order
Refers to protection order issued by court after notice and
proper hearing.
Does the filing of BPO bar the filing of
TPO?
No. The issuance of a BPO or the pendency of
an application for BPO shall not preclude a
petitioner from applying for, or the court from
granting a TPO or PPO.
*Source: Section 8 R.A. No. 9262
What to file to obtain a protection
order?
A written petition for protection order signed
and verified under oath by the petitioner must
be filed using the standard protection
application form.

*Section 11 R.A. No. 9262
Who can file the petition?
POPO PALA
Section 9 R.A. No. 9262
Where to file the petition?
With the Barangay where the applicant
resides.
With the Family Court where the offended
party resides.
What happens if the BPO is violated?
A complaint must be filed directly with any court
that has territorial jurisdiction over the Barangay
that issued the protection order.
Who files?
The Punong Barangay or kagawad who issued the
protection order. If the Punong Barangay or
kagawad refuses to file the complaint, the
applicant can file such complaint.
*Section 16 Rules and Regulations Implementing R.A. No.
9262
What is the procedure to acquire
Judicial Protection Order?
Step 1: File a verified petition
Step 2: Notice to the parties
Step 3: Preliminary Conference
Step 4: Hearing
Step 5: Issuance of the Protection Order

*Appeal
*Bond to keep peace. The Court may order any person against
whom a protection order is issued to give a bond to keep the
peace, to present two sufficient sureties who shall undertake
that such person will not commit the violence sought to be
prevented. (Section 23 R.A. No. 9262)
Who has jurisdiction over criminal
actions involving VAWC?
The Regional Trial Court Designated as a Family
Court has original and exclusive jurisdiction over
cases of violence against women and their
children.

If there is no Family Court, the case may be filed
in the RTC where the crime or any of its elements
as committed.

*Section 7 R.A. No. 9262
What defense is prohibited by this
Act?
Section 27 states that Being under the
influence of alcohol, any illicit drug, or any
other mind-altering substance shall not be a
defense.
What defense is available for a woman
who retaliates?
The defense of Battered Woman Syndrome
shall be available as a defense for he woman who
is a victim of acts in violation of this law.

Does it disqualify the woman from having
custody over her children?
No. Section 28 states that In no case shall custody of
minor children be given to the perpetrator of a
woman who is suffering from Battered woman
syndrome.
What is the relevance of R.A. 9262 in
reference to labor?
The Act entitles the victims of violence against
women and children to take a paid leave of
absence up to ten (10) days in addition to
other paid leaves under the Labor Code and
Civil Service Rules and regulations

*Section 43 R.A. No. 9262
What are the conditions for
entitlement to leave?
Certification that a case for violence against
women and their children is pending;
The availment of the 10-day leave shall cover
only the days when she has to attend to
medical and legal concerns.