Metro Manila Twelfth Congress Third Regular Session Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand three. Republic Act No. 9262 March !" 2# AN ACT $%&'N'N( )'*+%NC% A(A'NST ,*M%N AN$ T-%'R C-'+$R%N" PR*)'$'N( &*R PR*T%CT')% M%AS.R%S &*R )'CT'MS" PR%SCR'/'N( P%NA+T'%S T-%R%&*R%" AN$ &*R *T-%R P.RP*S%S Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: S%CT'*N 0. Short Title.- This Act shall be known as the "Anti-Violence Against o!en and Their "hildren Act of #$$%". S%CT'*N 2. Declaration of Policy.- &t is hereby declared that the 'tate (alues the dignity of wo!en and children and guarantees full res)ect for hu!an rights. The 'tate also recogni*es the need to )rotect the fa!ily and its !e!bers )articularly wo!en and children, fro! (iolence and threats to their )ersonal safety and security. Towards this end, the 'tate shall e+ert efforts to address (iolence co!!itted against wo!en and children in kee)ing with the funda!ental freedo!s guaranteed under the "onstitution and the ,ro(isions of the -ni(ersal .eclaration of /u!an 0ights, the con(ention on the 1li!ination of all for!s of discri!ination Against o!en, "on(ention on the 0ights of the "hild and other international hu!an rights instru!ents of which the ,hili))ines is a )arty. S%CT'*N 1. Definition of Terms.- As used in this Act, 2a3 "Violence against women and their children" refers to any act or a series of acts co!!itted by any )erson against a wo!an who is his wife, for!er wife, or against a wo!an with who! the )erson has or had a se+ual or dating relationshi), or with who! he has a co!!on child, or against her child whether legiti!ate or illegiti!ate, within or without the fa!ily abode, which result in or is likely to result in )hysical, se+ual, )sychological har! or suffering, or econo!ic abuse including threats of such acts, battery, assault, coercion, harass!ent or arbitrary de)ri(ation of liberty. &t includes, but is not li!ited to, the following acts: A. "Physical Violence" refers to acts that include bodily or )hysical har!4 B. "Seual violence" refers to an act which is se+ual in nature, co!!itted against a wo!an or her child. &t includes, but is not li!ited to: a3 ra)e, se+ual harass!ent, acts of lasci(iousness, treating a wo!an or her child as a se+ ob5ect, !aking de!eaning and se+ually suggesti(e re!arks, )hysically attacking the se+ual )arts of the (icti!6s body, forcing her7hi! to watch obscene )ublications and indecent shows or forcing the wo!an or her child to do indecent acts and7or !ake fil!s thereof, forcing the wife and !istress7lo(er to li(e in the con5ugal ho!e or slee) together in the sa!e roo! with the abuser4 b3 acts causing or atte!)ting to cause the (icti! to engage in any se+ual acti(ity by force, threat of force, )hysical or other har! or threat of )hysical or other har! or coercion4 c3 ,rostituting the wo!an or child. ". "Psychological violence" refers to acts or o!issions causing or likely to cause !ental or e!otional suffering of the (icti! such as but not li!ited to inti!idation, harass!ent, stalking, da!age to )ro)erty, )ublic ridicule or hu!iliation, re)eated (erbal abuse and !ental infidelity. &t includes causing or allowing the (icti! to witness the )hysical, se+ual or )sychological abuse of a !e!ber of the fa!ily to which the (icti! belongs, or to witness )ornogra)hy in any for! or to witness abusi(e in5ury to )ets or to unlawful or unwanted de)ri(ation of the right to custody and7or (isitation of co!!on children. .. "!conomic abuse" refers to acts that !ake or atte!)t to !ake a wo!an financially de)endent which includes, but is not li!ited to the following: 8. withdrawal of financial su))ort or )re(enting the (icti! fro! engaging in any legiti!ate )rofession, occu)ation, business or acti(ity, e+ce)t in cases wherein the other s)ouse7)artner ob5ects on (alid, serious and !oral grounds as defined in Article 9: of the ;a!ily "ode4 #. de)ri(ation or threat of de)ri(ation of financial resources and the right to the use and en5oy!ent of the con5ugal, co!!unity or )ro)erty owned in co!!on4 :. destroying household )ro)erty4 %. controlling the (icti!s6 own !oney or )ro)erties or solely controlling the con5ugal !oney or )ro)erties. 2b3 "Battery" refers to an act of inflicting )hysical har! u)on the wo!an or her child resulting to the )hysical and )sychological or e!otional distress. 2c3 "Battered "oman Syndrome" refers to a scientifically defined )attern of )sychological and beha(ioral sy!)to!s found in wo!en li(ing in battering relationshi)s as a result of cu!ulati(e abuse. 2d3 "Stal#ing" refers to an intentional act co!!itted by a )erson who, knowingly and without lawful 5ustification follows the wo!an or her child or )laces the wo!an or her child under sur(eillance directly or indirectly or a co!bination thereof. 2e3 "Dating relationship" refers to a situation wherein the )arties li(e as husband and wife without the benefit of !arriage or are ro!antically in(ol(ed o(er ti!e and on a continuing basis during the course of the relationshi). A casual ac<uaintance or ordinary sociali*ation between two indi(iduals in a business or social conte+t is not a dating relationshi). 2f3 "Seual relations" refers to a single se+ual act which !ay or !ay not result in the bearing of a co!!on child. 2g3 "Safe place or shelter" refers to any ho!e or institution !aintained or !anaged by the .e)art!ent of 'ocial elfare and .e(elo)!ent 2.'.3 or by any other agency or (oluntary organi*ation accredited by the .'. for the )ur)oses of this Act or any other suitable )lace the resident of which is willing te!)orarily to recei(e the (icti!. 2h3 "Children" refers to those below eighteen 28=3 years of age or older but are inca)able of taking care of the!sel(es as defined under 0e)ublic Act >o. 9?8$. As used in this Act, it includes the biological children of the (icti! and other children under her care. S%CT'*N #. Construction.- This Act shall be liberally construed to )ro!ote the )rotection and safety of (icti!s of (iolence against wo!en and their children. S%CT'*N 2. $cts of Violence $gainst "omen and Their Children.- The cri!e of (iolence against wo!en and their children is co!!itted through any of the following acts: 2a3 "ausing )hysical har! to the wo!an or her child4 2b3 Threatening to cause the wo!an or her child )hysical har!4 2c3 Atte!)ting to cause the wo!an or her child )hysical har!4 2d3 ,lacing the wo!an or her child in fear of i!!inent )hysical har!4 2e3 Atte!)ting to co!)el or co!)elling the wo!an or her child to engage in conduct which the wo!an or her child has the right to desist fro! or desist fro! conduct which the wo!an or her child has the right to engage in, or atte!)ting to restrict or restricting the wo!an6s or her child6s freedo! of !o(e!ent or conduct by force or threat of force, )hysical or other har! or threat of )hysical or other har!, or inti!idation directed against the wo!an or child. This shall include, but not li!ited to, the following acts co!!itted with the )ur)ose or effect of controlling or restricting the wo!an6s or her child6s !o(e!ent or conduct: 283 Threatening to de)ri(e or actually de)ri(ing the wo!an or her child of custody to her7his fa!ily4 2#3 .e)ri(ing or threatening to de)ri(e the wo!an or her children of financial su))ort legally due her or her fa!ily, or deliberately )ro(iding the wo!an6s children insufficient financial su))ort4 2:3 .e)ri(ing or threatening to de)ri(e the wo!an or her child of a legal right4 2%3 ,re(enting the wo!an in engaging in any legiti!ate )rofession, occu)ation, business or acti(ity or controlling the (icti!6s own !on%ey or )ro)erties, or solely controlling the con5ugal or co!!on !oney, or )ro)erties4 2f3 &nflicting or threatening to inflict )hysical har! on oneself for the )ur)ose of controlling her actions or decisions4 2g3 "ausing or atte!)ting to cause the wo!an or her child to engage in any se+ual acti(ity which does not constitute ra)e, by force or threat of force, )hysical har!, or through inti!idation directed against the wo!an or her child or her7his i!!ediate fa!ily4 2h3 1ngaging in )ur)oseful, knowing, or reckless conduct, )ersonally or through another, that alar!s or causes substantial e!otional or )sychological distress to the wo!an or her child. This shall include, but not be li!ited to, the following acts: 283 'talking or following the wo!an or her child in )ublic or )ri(ate )laces4 2#3 ,eering in the window or lingering outside the residence of the wo!an or her child4 2:3 1ntering or re!aining in the dwelling or on the )ro)erty of the wo!an or her child against her7his will4 2%3 .estroying the )ro)erty and )ersonal belongings or inflicting har! to ani!als or )ets of the wo!an or her child4 and 2@3 1ngaging in any for! of harass!ent or (iolence4 2i3 "ausing !ental or e!otional anguish, )ublic ridicule or hu!iliation to the wo!an or her child, including, but not li!ited to, re)eated (erbal and e!otional abuse, and denial of financial su))ort or custody of !inor children of access to the wo!an6s child7children. S%CT'*N 6. Penalties.- The cri!e of (iolence against wo!en and their children, under 'ection @ hereof shall be )unished according to the following rules: 2a3 Acts falling under 'ection @2a3 constituting atte!)ted, frustrated or consu!!ated )arricide or !urder or ho!icide shall be )unished in accordance with the )ro(isions of the 0e(ised ,enal "ode. &f these acts resulted in !utilation, it shall be )unishable in accordance with the 0e(ised ,enal "ode4 those constituting serious )hysical in5uries shall ha(e the )enalty of )rison !ayor4 those constituting less serious )hysical in5uries shall be )unished by )rision correccional4 and those constituting slight )hysical in5uries shall be )unished by arresto !ayor. Acts falling under 'ection @2b3 shall be )unished by i!)rison!ent of two degrees lower than the )rescribed )enalty for the consu!!ated cri!e as s)ecified in the )receding )aragra)h but shall in no case be lower than arresto !ayor. 2b3 Acts falling under 'ection @2c3 and @2d3 shall be )unished by arresto !ayor4 2c3 Acts falling under 'ection @2e3 shall be )unished by )rision correccional4 2d3 Acts falling under 'ection @2f3 shall be )unished by arresto !ayor4 2e3 Acts falling under 'ection @2g3 shall be )unished by )rision !ayor4 2f3 Acts falling under 'ection @2h3 and 'ection @2i3 shall be )unished by )rision !ayor. &f the acts are co!!itted while the wo!an or child is )regnant or co!!itted in the )resence of her child, the )enalty to be a))lied shall be the !a+i!u! )eriod of )enalty )rescribed in the section. &n addition to i!)rison!ent, the )er)etrator shall 2a3 )ay a fine in the a!ount of not less than Ane hundred thousand )esos 2,8$$,$$$.$$3 but not !ore than three hundred thousand )esos 2:$$,$$$.$$34 2b3 undergo !andatory )sychological counseling or )sychiatric treat!ent and shall re)ort co!)liance to the court. S%CT'*N 3. Venue.- The 0egional Trial "ourt designated as a ;a!ily "ourt shall ha(e original and e+clusi(e 5urisdiction o(er cases of (iolence against wo!en and their children under this law. &n the absence of such court in the )lace where the offense was co!!itted, the case shall be filed in the 0egional Trial "ourt where the cri!e or any of its ele!ents was co!!itted at the o)tion of the co!)liant. S%CT'*N !. Protection %rders.- A )rotection order is an order issued under this act for the )ur)ose of )re(enting further acts of (iolence against a wo!an or her child s)ecified in 'ection @ of this Act and granting other necessary relief. The relief granted under a )rotection order ser(e the )ur)ose of safeguarding the (icti! fro! further har!, !ini!i*ing any disru)tion in the (icti!6s daily life, and facilitating the o))ortunity and ability of the (icti! to inde)endently regain control o(er her life. The )ro(isions of the )rotection order shall be enforced by law enforce!ent agencies. The )rotection orders that !ay be issued under this Act are the barangay )rotection order 2B,A3, te!)orary )rotection order 2T,A3 and )er!anent )rotection order 2,,A3. The )rotection orders that !ay be issued under this Act shall include any, so!e or all of the following reliefs: 2a3 ,rohibition of the res)ondent fro! threatening to co!!it or co!!itting, )ersonally or through another, any of the acts !entioned in 'ection @ of this Act4 2b3 ,rohibition of the res)ondent fro! harassing, annoying, tele)honing, contacting or otherwise co!!unicating with the )etitioner, directly or indirectly4 2c3 0e!o(al and e+clusion of the res)ondent fro! the residence of the )etitioner, regardless of ownershi) of the residence, either te!)orarily for the )ur)ose of )rotecting the )etitioner, or )er!anently where no )ro)erty rights are (iolated, and if res)ondent !ust re!o(e )ersonal effects fro! the residence, the court shall direct a law enforce!ent agent to acco!)any the res)ondent has gathered his things and escort res)ondent fro! the residence4 2d3 .irecting the res)ondent to stay away fro! )etitioner and designated fa!ily or household !e!ber at a distance s)ecified by the court, and to stay away fro! the residence, school, )lace of e!)loy!ent, or any s)ecified )lace fre<uented by the )etitioner and any designated fa!ily or household !e!ber4 2e3 .irecting lawful )ossession and use by )etitioner of an auto!obile and other essential )ersonal effects, regardless of ownershi), and directing the a))ro)riate law enforce!ent officer to acco!)any the )etitioner to the residence of the )arties to ensure that the )etitioner is safely restored to the )ossession of the auto!obile and other essential )ersonal effects, or to su)er(ise the )etitioner6s or res)ondent6s re!o(al of )ersonal belongings4 2f3 Branting a te!)orary or )er!anent custody of a child7children to the )etitioner4 2g3 .irecting the res)ondent to )ro(ide su))ort to the wo!an and7or her child if entitled to legal su))ort. >otwithstanding other laws to the contrary, the court shall order an a))ro)riate )ercentage of the inco!e or salary of the res)ondent to be withheld regularly by the res)ondent6s e!)loyer for the sa!e to be auto!atically re!itted directly to the wo!an. ;ailure to re!it and7or withhold or any delay in the re!ittance of su))ort to the wo!an and7or her child without 5ustifiable cause shall render the res)ondent or his e!)loyer liable for indirect conte!)t of court4 2h3 ,rohibition of the res)ondent fro! any use or )ossession of any firear! or deadly wea)on and order hi! to surrender the sa!e to the court for a))ro)riate dis)osition by the court, including re(ocation of license and dis<ualification to a))ly for any license to use or )ossess a firear!. &f the offender is a law enforce!ent agent, the court shall order the offender to surrender his firear! and shall direct the a))ro)riate authority to in(estigate on the offender and take a))ro)riate action on !atter4 2i3 0estitution for actual da!ages caused by the (iolence inflicted, including, but not li!ited to, )ro)erty da!age, !edical e+)enses, childcare e+)enses and loss of inco!e4 253 .irecting the .'. or any a))ro)riate agency to )ro(ide )etitioner !ay need4 and 2k3 ,ro(ision of such other for!s of relief as the court dee!s necessary to )rotect and )ro(ide for the safety of the )etitioner and any designated fa!ily or household !e!ber, )ro(ided )etitioner and any designated fa!ily or household !e!ber consents to such relief. Any of the reliefs )ro(ided under this section shall be granted e(en in the absence of a decree of legal se)aration or annul!ent or declaration of absolute nullity of !arriage. The issuance of a B,A or the )endency of an a))lication for B,A shall not )reclude a )etitioner fro! a))lying for, or the court fro! granting a T,A or ,,A. S%CT'*N 9. "ho may file Petition for Protection %rders. C A )etition for )rotection order !ay be filed by any of the following: 2a3 the offended )arty4 2b3 )arents or guardians of the offended )arty4 2c3 ascendants, descendants or collateral relati(es within the fourth ci(il degree of consanguinity or affinity4 2d3 officers or social workers of the .'. or social workers of local go(ern!ent units 2DB-s34 2e3 )olice officers, )referably those in charge of wo!en and children6s desks4 2f3 Punong Barangay or Barangay &agawad4 2g3 lawyer, counselor, thera)ist or healthcare )ro(ider of the )etitioner4 2h3 At least two 2#3 concerned res)onsible citi*ens of the city or !unici)ality where the (iolence against wo!en and their children occurred and who has )ersonal knowledge of the offense co!!itted. S%CT'*N 0. "here to $pply for a Protection %rder. C A))lications for B,As shall follow the rules on (enue under 'ection %$E of the Docal Bo(ern!ent "ode of 8EE8 and its i!)le!enting rules and regulations. An a))lication for a T,A or ,,A !ay be filed in the regional trial court, !etro)olitan trial court, !unici)al trial court, !unici)al circuit trial court with territorial 5urisdiction o(er the )lace of residence of the )etitioner: ,ro(ided, howe(er, That if a fa!ily court e+ists in the )lace of residence of the )etitioner, the a))lication shall be filed with that court. S%CT'*N 00. How to $pply for a Protection %rder. C The a))lication for a )rotection order !ust be in writing, signed and (erified under oath by the a))licant. &t !ay be filed as an inde)endent action or as incidental relief in any ci(il or cri!inal case the sub5ect !atter or issues thereof )artakes of a (iolence as described in this Act. A standard )rotection order a))lication for!, written in 1nglish with translation to the !a5or local languages, shall be !ade a(ailable to facilitate a))lications for )rotections order, and shall contain, a!ong other, the following infor!ation: 2a3 na!es and addresses of )etitioner and res)ondent4 2b3 descri)tion of relationshi)s between )etitioner and res)ondent4 2c3 a state!ent of the circu!stances of the abuse4 2d3 descri)tion of the reliefs re<uested by )etitioner as s)ecified in 'ection = herein4 2e3 re<uest for counsel and reasons for such4 2f3 re<uest for wai(er of a))lication fees until hearing4 and 2g3 an attestation that there is no )ending a))lication for a )rotection order in another court. &f the a))licants is not the (icti!, the a))lication !ust be acco!)anied by an affida(it of the a))licant attesting to 2a3 the circu!stances of the abuse suffered by the (icti! and 2b3 the circu!stances of consent gi(en by the (icti! for the filling of the a))lication. hen disclosure of the address of the (icti! will )ose danger to her life, it shall be so stated in the a))lication. &n such a case, the a))licant shall attest that the (icti! is residing in the !unici)ality or city o(er which court has territorial 5urisdiction, and shall )ro(ide a !ailing address for )ur)ose of ser(ice )rocessing. An a))lication for )rotection order filed with a court shall be considered an a))lication for both a T,A and ,,A. Barangay officials and court )ersonnel shall assist a))licants in the )re)aration of the a))lication. Daw enforce!ent agents shall also e+tend assistance in the a))lication for )rotection orders in cases brought to their attention. S%CT'*N 02. !nforceability of Protection %rders. C All T,As and ,,As issued under this Act shall be enforceable anywhere in the ,hili))ines and a (iolation thereof shall be )unishable with a fine ranging fro! ;i(e Thousand ,esos 2,@,$$$.$$3 to ;ifty Thousand ,esos 2,@$,$$$.$$3 and7or i!)rison!ent of si+ 2?3 !onths. S%CT'*N 01. 'egal Representation of Petitioners for Protection %rder. C &f the wo!an or her child re<uests in the a))lications for a )rotection order for the a))oint!ent of counsel because of lack of econo!ic !eans to hire a counsel de )arte, the court shall i!!ediately direct the ,ublic Attorney6s Affice 2,AA3 to re)resent the )etitioner in the hearing on the a))lication. &f the ,AA deter!ines that the a))licant can afford to hire the ser(ices of a counsel de )arte, it shall facilitate the legal re)resentation of the )etitioner by a counsel de )arte. The lack of access to fa!ily or con5ugal resources by the a))licant, such as when the sa!e are controlled by the )er)etrator, shall <ualify the )etitioner to legal re)resentation by the ,AA. /owe(er, a )ri(ate counsel offering free legal ser(ice is not barred fro! re)resenting the )etitioner. S%CT'*N 0#. Barangay Protection %rders (BP%s)* "ho +ay ,ssue and How- . Barangay ,rotection Arders 2B,As3 refer to the )rotection order issued by the Punong Barangay ordering the )er)etrator to desist fro! co!!itting acts under 'ection @ 2a3 and 2b3 of this Act. A Punong Barangay who recei(es a))lications for a B,A shall issue the )rotection order to the a))licant on the date of filing after e parte deter!ination of the basis of the a))lication. &f the Punong Barangay is una(ailable to act on the a))lication for a B,A, the a))lication shall be acted u)on by any a(ailable Barangay &agawad- &f the B,A is issued by a Barangay &agawad the order !ust be acco!)anied by an attestation by the Barangay &agawad that the Punong Barangay was una(ailable at the ti!e for the issuance of the B,A. B,As shall be effecti(e for fifteen 28@3 days. &!!ediately after the issuance of an e parte B,A, the Punong Barangay or Barangay &agawad shall )ersonally ser(e a co)y of the sa!e on the res)ondent, or direct any barangay official to effect is )ersonal ser(ice. The )arties !ay be acco!)anied by a non-lawyer ad(ocate in any )roceeding before the ,unong Barangay. S%CT'*N 02. Temporary Protection %rders- / Te!)orary ,rotection Arders 2T,As3 refers to the )rotection order issued by the court on the date of filing of the a))lication after e parte deter!ination that such order should be issued. A court !ay grant in a T,A any, so!e or all of the reliefs !entioned in this Act and shall be effecti(e for thirty 2:$3 days. The court shall schedule a hearing on the issuance of a ,,A )rior to or on the date of the e+)iration of the T,A. The court shall order the i!!ediate )ersonal ser(ice of the T,A on the res)ondent by the court sheriff who !ay obtain the assistance of law enforce!ent agents for the ser(ice. The T,A shall include notice of the date of the hearing on the !erits of the issuance of a ,,A. S%CT'*N 06. Permanent Protection %rders. C ,er!anent ,rotection Arder 2,,A3 refers to )rotection order issued by the court after notice and hearing. 0es)ondents non-a))earance des)ite )ro)er notice, or his lack of a lawyer, or the non-a(ailability of his lawyer shall not be a ground for rescheduling or )ost)oning the hearing on the !erits of the issuance of a ,,A. &f the res)ondents a))ears without counsel on the date of the hearing on the ,,A, the court shall a))oint a lawyer for the res)ondent and i!!ediately )roceed with the hearing. &n case the res)ondent fails to a))ear des)ite )ro)er notice, the court shall allow e+ )arte )resentation of the e(idence by the a))licant and render 5udg!ent on the basis of the e(idence )resented. The court shall allow the introduction of any history of abusi(e conduct of a res)ondent e(en if the sa!e was not directed against the a))licant or the )erson for who! the a))licant is !ade. The court shall, to the e+tent )ossible, conduct the hearing on the !erits of the issuance of a ,,A in one 283 day. here the court is unable to conduct the hearing within one 283 day and the T,A issued is due to e+)ire, the court shall continuously e+tend or renew the T,A for a )eriod of thirty 2:$3 days at each )articular ti!e until final 5udg!ent is issued. The e+tended or renewed T,A !ay be !odified by the court as !ay be necessary or a))licable to address the needs of the a))licant. The court !ay grant any, so!e or all of the reliefs s)ecified in 'ection = hereof in a ,,A. A ,,A shall be effecti(e until re(oked by a court u)on a))lication of the )erson in whose fa(or the order was issued. The court shall ensure i!!ediate )ersonal ser(ice of the ,,A on res)ondent. The court shall not deny the issuance of )rotection order on the basis of the la)se of ti!e between the act of (iolence and the filing of the a))lication. 0egardless of the con(iction or ac<uittal of the res)ondent, the "ourt !ust deter!ine whether or not the ,,A shall beco!e final. 1(en in a dis!issal, a ,,A shall be granted as long as there is no clear showing that the act fro! which the order !ight arise did not e+ist. S%CT'*N 03. 0otice of Sanction in Protection %rders. C The following state!ent !ust be )rinted in bold-faced ty)e or in ca)ital letters on the )rotection order issued by the Punong Barangay or court: ")'*+AT'*N *& T-'S *R$%R 'S P.N'S-A/+% /4 +A,." S%CT'*N 0!. +andatory Period 1or $cting on $pplications 1or Protection %rders C ;ailure to act on an a))lication for a )rotection order within the regle!entary )eriod s)ecified in the )re(ious section without 5ustifiable cause shall render the official or 5udge ad!inistrati(ely liable. S%CT'*N 09. 'egal Separation Cases. C &n cases of legal se)aration, where (iolence as s)ecified in this Act is alleged, Article @= of the ;a!ily "ode shall not a))ly. The court shall )roceed on the !ain case and other incidents of the case as soon as )ossible. The hearing on any a))lication for a )rotection order filed by the )etitioner !ust be conducted within the !andatory )eriod s)ecified in this Act. S%CT'*N 2. Priority of $pplication for a Protection %rder- C 1+ )arte and ad(ersarial hearings to deter!ine the basis of a))lications for a )rotection order under this Act shall ha(e )riority o(er all other )roceedings. Barangay officials and the courts shall schedule and conduct hearings on a))lications for a )rotection order under this Act abo(e all other business and, if necessary, sus)end other )roceedings in order to hear a))lications for a )rotection order. S%CT'*N 20. Violation of Protection %rders. C A co!)laint for a (iolation of a B,A issued under this Act !ust be filed directly with any !unici)al trial court, !etro)olitan trial court, or !unici)al circuit trial court that has territorial 5urisdiction o(er the barangay that issued the B,A. Violation of a B,A shall be )unishable by i!)rison!ent of thirty 2:$3 days without )re5udice to any other cri!inal or ci(il action that the offended )arty !ay file for any of the acts co!!itted. A 5udge!ent of (iolation of a B,A !a be a))ealed according to the 0ules of "ourt. .uring trial and u)on 5udg!ent, the trial court !ay !otu )ro)rio issue a )rotection order as it dee!s necessary without need of an a))lication. Violation of any )ro(ision of a T,A or ,,A issued under this Act shall constitute conte!)t of court )unishable under 0ule 98 of the 0ules of "ourt, without )re5udice to any other cri!inal or ci(il action that the offended )arty !ay file for any of the acts co!!itted. S%CT'*N 22. $pplicability of Protection %rders to Criminal Cases- C The foregoing )ro(isions on )rotection orders shall be a))licable in i!)liedly instituted with the cri!inal actions in(ol(ing (iolence against wo!en and their children. S%CT'*N 21. Bond to &eep the Peace. C The "ourt !ay order any )erson against who! a )rotection order is issued to gi(e a bond to kee) the )eace, to )resent two sufficient sureties who shall undertake that such )erson will not co!!it the (iolence sought to be )re(ented. 'hould the res)ondent fail to gi(e the bond as re<uired, he shall be detained for a )eriod which shall in no case e+ceed si+ 2?3 !onths, if he shall ha(e been )rosecuted for acts )unishable under 'ection @2a3 to @2f3 and not e+ceeding thirty 2:$3 days, if for acts )unishable under 'ection @2g3 to @2&3. The )rotection orders referred to in this section are the T,As and the ,,As issued only by the courts. S%CT'*N 2#. Prescriptive Period- C Acts falling under 'ections @2a3 to @2f3 shall )rescribe in twenty 2#$3 years. Acts falling under 'ections @2g3 to @2&3 shall )rescribe in ten 28$3 years. S%CT'*N 22. Public Crime. C Violence against wo!en and their children shall be considered a )ublic offense which !ay be )rosecuted u)on the filing of a co!)laint by any citi*en ha(ing )ersonal knowledge of the circu!stances in(ol(ing the co!!ission of the cri!e. S%CT'*N 26. Battered "oman Syndrome as a Defense. C Victi!-sur(i(ors who are found by the courts to be suffering fro! battered wo!an syndro!e do not incur any cri!inal and ci(il liability notwithstanding the absence of any of the ele!ents for 5ustifying circu!stances of self-defense under the 0e(ised ,enal "ode. &n the deter!ination of the state of !ind of the wo!an who was suffering fro! battered wo!an syndro!e at the ti!e of the co!!ission of the cri!e, the courts shall be assisted by e+)ert )sychiatrists7 )sychologists. S%CT'*N 23. Prohibited Defense. C Being under the influence of alcohol, any illicit drug, or any other !ind-altering substance shall not be a defense under this Act. S%CT'*N 2!. Custody of children. C The wo!an (icti! of (iolence shall be entitled to the custody and su))ort of her child7children. "hildren below se(en 293 years old older but with !ental or )hysical disabilities shall auto!atically be gi(en to the !other, with right to su))ort, unless the court finds co!)elling reasons to order otherwise. A (icti! who is suffering fro! battered wo!an syndro!e shall not be dis<ualified fro! ha(ing custody of her children. &n no case shall custody of !inor children be gi(en to the )er)etrator of a wo!an who is suffering fro! Battered wo!an syndro!e. S%CT'*N 29. Duties of Prosecutors2Court Personnel. C ,rosecutors and court )ersonnel should obser(e the following duties when dealing with (icti!s under this Act: a3 co!!unicate with the (icti! in a language understood by the wo!an or her child4 and b3 infor! the (icti! of her7his rights including legal re!edies a(ailable and )rocedure, and )ri(ileges for indigent litigants. S%CT'*N 1. Duties of Barangay %fficials and 'aw !nforcers. C Barangay officials and law enforcers shall ha(e the following duties: 2a3 res)ond i!!ediately to a call for hel) or re<uest for assistance or )rotection of the (icti! by entering the necessary whether or not a )rotection order has been issued and ensure the safety of the (icti!7s4 2b3 confiscate any deadly wea)on in the )ossession of the )er)etrator or within )lain (iew4 2c3 trans)ort or escort the (icti!7s to a safe )lace of their choice or to a clinic or hos)ital4 2d3 assist the (icti! in re!o(ing )ersonal belongs fro! the house4 2e3 assist the barangay officials and other go(ern!ent officers and e!)loyees who res)ond to a call for hel)4 2f3 ensure the enforce!ent of the ,rotection Arders issued by the Punong Barangy or the courts4 2g3 arrest the sus)ected )er)etrator wiithout a warrant when any of the acts of (iolence defined by this Act is occurring, or when he7she has )ersonal knowledge that any act of abuse has 5ust been co!!itted, and there is i!!inent danger to the life or li!b of the (icti! as defined in this Act4 and 2h3 i!!ediately re)ort the call for assess!ent or assistance of the .'., social elfare .e)art!ent of DB-s or accredited non-go(ern!ent organi*ations 2>BAs3. Any barangay official or law enforcer who fails to re)ort the incident shall be liable for a fine not e+ceeding Ten Thousand ,esos 2,8$,$$$.$$3 or whene(er a))licable cri!inal, ci(il or ad!inistrati(e liability. S%CT'*N 10. Healthcare Provider Response to $buse C Any healthcare )ro(ider, including, but not li!ited to, an attending )hysician, nurse, clinician, barangay health worker, thera)ist or counselor who sus)ects abuse or has been infor!ed by the (icti! of (iolence shall: 2a3 )ro)erly docu!ent any of the (icti!6s )hysical, e!otional or )sychological in5uries4 2b3 )ro)erly record any of (icti!6s sus)icions, obser(ations and circu!stances of the e+a!ination or (isit4 2c3 auto!atically )ro(ide the (icti! free of charge a !edical certificate concerning the e+a!ination or (isit4 2d3 safeguard the records and !ake the! a(ailable to the (icti! u)on re<uest at actual cost4 and 2e3 )ro(ide the (icti! i!!ediate and ade<uate notice of rights and re!edies )ro(ided under this Act, and ser(ices a(ailable to the!. S%CT'*N 12. Duties of %ther 3overnment $gencies and '34s C Ather go(ern!ent agencies and DB-s shall establish )rogra!s such as, but not li!ited to, education and infor!ation ca!)aign and se!inars or sy!)osia on the nature, causes, incidence and conse<uences of such (iolence )articularly towards educating the )ublic on its social i!)acts. &t shall be the duty of the concerned go(ern!ent agencies and DB-6s to ensure the sustained education and training of their officers and )ersonnel on the )re(ention of (iolence against wo!en and their children under the Act. S%CT'*N 11. Prohibited $cts- / A Punong Barangay5 Barangay &agawad or the court hearing an a))lication for a )rotection order shall not order, direct, force or in any way unduly influence he a))licant for a )rotection order to co!)ro!ise or abandon any of the reliefs sought in the a))lication for )rotection under this Act. 'ection 9 of the ;a!ily "ourts Act of 8EE9 and 'ections %8$, %88, %8# and %8: of the Docal Bo(ern!ent "ode of 8EE8 shall not a))ly in )roceedings where relief is sought under this Act. ;ailure to co!)ly with this 'ection shall render the official or 5udge ad!inistrati(ely liable. S%CT'*N 1#. Persons ,ntervening !empt from 'iability- / &n e(ery case of (iolence against wo!en and their children as herein defined, any )erson, )ri(ate indi(idual or )olice authority or barangay official who, acting in accordance with law, res)onds or inter(enes without using (iolence or restraint greater than necessary to ensure the safety of the (icti!, shall not be liable for any cri!inal, ci(il or ad!inistrati(e liability resulting therefro!. S%CT'*N 12. Rights of Victims- / &n addition to their rights under e+isting laws, (icti!s of (iolence against wo!en and their children shall ha(e the following rights: 2a3 to be treated with res)ect and dignity4 2b3 to a(ail of legal assistance for! the ,AA of the .e)art!ent of Justice 2.AJ3 or any )ublic legal assistance office4 2c3 To be entitled to su))ort ser(ices for! the .'. and DB-s6 2d3 To be entitled to all legal re!edies and su))ort as )ro(ided for under the ;a!ily "ode4 and 2e3 To be infor!ed of their rights and the ser(ices a(ailable to the! including their right to a))ly for a )rotection order. S%CT'*N 16. Damages- / Any (icti! of (iolence under this Act shall be entitled to actual, co!)ensatory, !oral and e+e!)lary da!ages. S%CT'*N 13. Hold Departure %rder- / The court shall e+)edite the )rocess of issuance of a hold de)arture order in cases )rosecuted under this Act. S%CT'*N 1!. !emption from Payment of Doc#et 1ee and %ther !penses- / &f the (icti! is an indigent or there is an i!!ediate necessity due to i!!inent danger or threat of danger to act on an a))lication for a )rotection order, the court shall acce)t the a))lication without )ay!ent of the filing fee and other fees and of transcri)t of stenogra)hic notes. S%CT'*N 19. ,nter.$gency Council on Violence $gainst "omen and Their Children (,$C.V$"C)- &n )ursuance of the abo(e!entioned )olicy, there is hereby established an &nter-Agency "ouncil on Violence Against o!en and their children, hereinafter known as the "ouncil, which shall be co!)osed of the following agencies: 2a3 .e)art!ent of 'ocial elfare and .e(elo)!ent 2.'.34 2b3 >ational "o!!ission on the 0ole of ;ili)ino o!en 2>"0;34 2c3 "i(il 'er(ice "o!!ission 2"'"34 2d3 "o!!ission on /u!an rights 2"/03 2e3 "ouncil for the elfare of "hildren 2""34 2f3 .e)art!ent of Justice 2.AJ34 2g3 .e)art!ent of the &nterior and Docal Bo(ern!ent 2.&DB34 2h3 ,hili))ine >ational ,olice 2,>,34 2i3 .e)art!ent of /ealth 2.A/34 253 .e)art!ent of 1ducation 2.e)1d34 2k3 .e)art!ent of Dabor and 1!)loy!ent 2.AD134 and 2l3 >ational Bureau of &n(estigation 2>B&3. These agencies are tasked to for!ulate )rogra!s and )ro5ects to eli!inate VA based on their !andates as well as de(elo) ca)ability )rogra!s for their e!)loyees to beco!e !ore sensiti(e to the needs of their clients. The "ouncil will also ser(e as the !onitoring body as regards to VA initiati(es. The "ouncil !e!bers !ay designate their duly authori*ed re)resentati(e who shall ha(e a rank not lower than an assistant secretary or its e<ui(alent. These re)resentati(es shall attend "ouncil !eetings in their behalf, and shall recei(e e!olu!ents as !ay be deter!ined by the "ouncil in accordance with e+isting budget and accounting rules and regulations. S%CT'*N #. +andatory Programs and Services for Victims- / The .'., and DB-6s shall )ro(ide the (icti!s te!)orary shelters, )ro(ide counseling, )sycho-social ser(ices and 7or, reco(ery, rehabilitation )rogra!s and li(elihood assistance. The .A/ shall )ro(ide !edical assistance to (icti!s. S%CT'*N #0. Counseling and Treatment of %ffenders- / The .'. shall )ro(ide rehabilitati(e counseling and treat!ent to )er)etrators towards learning constructi(e ways of co)ing with anger and e!otional outbursts and refor!ing their ways. hen necessary, the offender shall be ordered by the "ourt to sub!it to )sychiatric treat!ent or confine!ent. S%CT'*N #2. Training of Persons ,nvolved in Responding to Violence $gainst "omen and their Children Cases- / All agencies in(ol(ed in res)onding to (iolence against wo!en and their children cases shall be re<uired to undergo education and training to ac<uaint the! with: a. the nature, e+tend and causes of (iolence against wo!en and their children4 b. the legal rights of, and re!edies a(ailable to, (icti!s of (iolence against wo!en and their children4 c. the ser(ices and facilities a(ailable to (icti!s or sur(i(ors4 d. the legal duties i!)osed on )olice officers to !ake arrest and to offer )rotection and assistance4 and e. techni<ues for handling incidents of (iolence against wo!en and their children that !ini!i*e the likelihood of in5ury to the officer and )ro!ote the safety of the (icti! or sur(i(or. The ,>,, in coordination with DB-6s shall establish an education and training )rogra! for )olice officers and barangay officials to enable the! to )ro)erly handle cases of (iolence against wo!en and their children. S%CT'*N #1. !ntitled to 'eave- / Victi!s under this Act shall be entitled to take a )aid lea(e of absence u) to ten 28$3 days in addition to other )aid lea(es under the Dabor "ode and "i(il 'er(ice 0ules and 0egulations, e+tendible when the necessity arises as s)ecified in the )rotection order. Any e!)loyer who shall )re5udice the right of the )erson under this section shall be )enali*ed in accordance with the )ro(isions of the Dabor "ode and "i(il 'er(ice 0ules and 0egulations. Dikewise, an e!)loyer who shall )re5udice any )erson for assisting a co-e!)loyee who is a (icti! under this Act shall likewise be liable for discri!ination. S%CT'*N ##. Confidentiality- / All records )ertaining to cases of (iolence against wo!en and their children including those in the barangay shall be confidential and all )ublic officers and e!)loyees and )ublic or )ri(ate clinics to hos)itals shall res)ect the right to )ri(acy of the (icti!. hoe(er )ublishes or causes to be )ublished, in any for!at, the na!e, address, tele)hone nu!ber, school, business address, e!)loyer, or other identifying infor!ation of a (icti! or an i!!ediate fa!ily !e!ber, without the latter6s consent, shall be liable to the conte!)t )ower of the court. Any )erson who (iolates this )ro(ision shall suffer the )enalty of one 283 year i!)rison!ent and a fine of not !ore than ;i(e /undred Thousand )esos 2,@$$,$$$.$$3. S%CT'*N #2. 1unding / The a!ount necessary to i!)le!ent the )ro(isions of this Act shall be included in the annual Beneral A))ro)riations Act 2BAA3. The Bender and .e(elo)!ent 2BA.3 Budget of the !andated agencies and DB-6s shall be used to i!)le!ent ser(ices for (icti! of (iolence against wo!en and their children. S%CT'*N #6. ,mplementing Rules and Regulations- C ithin si+ 2?3 !onths fro! the a))ro(al of this Act, the .AJ, the >"0;, the .'., the .&DB, the .A/, and the ,>,, and three 2:3 re)resentati(es fro! >BAs to be identified by the >"0;, shall )ro!ulgate the &!)le!enting 0ules and 0egulations 2&003 of this Act. S%CT'*N #3. Suppletory $pplication / ;or )ur)oses of this Act, the 0e(ised ,enal "ode and other a))licable laws, shall ha(e su))letory a))lication. S%CT'*N #!. Separability Clause- / &f any section or )ro(ision of this Act is held unconstitutional or in(alid, the other sections or )ro(isions shall not be affected. S%CT'*N #9. Repealing Clause / All laws, ,residential decrees, e+ecuti(e orders and rules and regulations, or )arts thereof, inconsistent with the )ro(isions of this Act are hereby re)ealed or !odified accordingly. S%CT'*N 2. !ffectivity / This Act shall take effect fifteen 28@3 days fro! the date of its co!)lete )ublication in at least two 2#3 news)a)ers of general circulation. A))ro(ed, 5*S% $% )%N%C'A 5R. ')eaker of the /ouse of 0e)resentati(es &RAN6+'N $R'+*N ,resident of the 'enate This Act, which is a consolidation of 'enate Bill >o. #9#: and /ouse Bill >os. @@8? and ?$@%, was finally )assed by the 'enate and the /ouse of 0e)resentati(es on January #E, #$$% and ;ebruary #, #$$%, res)ecti(ely. R*/%RT* P. NA7AR%N* 'ecretary Beneral /ouse of 0e)resenati(es *SCAR (. 4A/%S 'ecretary of 'enate A))ro(ed: March $=, #$$% (+*R'A MACAPA(A+8ARR*4* President of the Philippines