Republic Act No.

9262
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN,
PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING
PENALTIES THEREFORE, AND FOR OTHER PURPOSES
The state values the dignity of women and children and guarantees full
respect for human rights. The state also recognizes the need to protect the
family and its members, particularly women and children, from violence and
threats to their personal safety and security. [Sec 2(1)] Hence, the birth of
R.A. 9262 or the Anti-Violence Against Women and Their Children Act of
2004.
Violence against women and children refers to any act committed by
any person against his wife, former wife, common-law wife or woman with
whom he has a child, or against his child -whether legitimate or illegitimateor against the woman's child, regardless of whether committed at home or
outside and resulting in economic, physical, sexual, psychological or
emotional abuse.

What is VAWC or Republic Act. 9262?

It seeks to deal with the occurrence of violent behavior against women and
children (VAWC), abuses of women and their children with their partners like:
Husband or ex-husband
Live-in partner or ex-live in partner
Boyfriend/girlfriend or ex-boyfriend/ex-girlfriend
A dating partner or ex-dating partner
The Act classifies violence against women and children (VAWC) as a public
crime.

Types of Abuse
Physical abuse is an act of a person involving contact of another person intended to
cause feelings of physical pain, injury, or other physical suffering or bodily harm. In most
cases, children are the victims of physical abuse, but adults can also be victims, such

as in a domestic context. Alternative terms sometimes used include physical

assault or physical violence, and may also include sexual abuse. Physical abuse may
involve more than one abuser and more than one victim.
Examples of physical abuse are:
Scratching, punching, biting, strangling or kicking.
Throwing something at you such as a phone, book, shoe or plate.
Pulling your hair.
Pushing or pulling you.
Grabbing your clothing.
Using a gun, knife, box cutter, bat, mace or other weapon.
Smacking your bottom.
Forcing you to have sex or perform a sexual act.
Grabbing your face to make you look at them.
Grabbing you to prevent you from leaving or to force you to go
somewhere.

Psychological abuse, also referred to as emotional abuse or mental abuse, is a form

of abuse characterized by a person subjecting or exposing another to behavior that may
result in psychological trauma, including anxiety, chronic depression, or post-traumatic
stress disorder.[1][2][3] Such abuse is often associated with situations of power imbalance,
such as abusive relationships,bullying, and abuse in the workplace.
There are many behaviors that qualify as emotional or verbal abuse:
Calling you names and putting you down.
Yelling and screaming at you.
Intentionally embarrassing you in public.
Preventing you from seeing or talking with friends and family.
Telling you what to do and wear.
Using online communities or cell phones to control, intimidate or
humiliate you.
Blaming your actions for their abusive or unhealthy behavior.
Stalking you.
Threatening to commit suicide to keep you from breaking up with
them.
Threatening to harm you, your pet or people you care about.
Making you feel guilty or immature when you dont consent to sexual
activity.

Threatening to expose your secrets such as your sexual orientation or

immigration status.
Starting rumors about you.
Threatening to have your children taken away.

Economic abuse is a form of abuse when one intimate partner has control over the
other partner's access to economic resources, which diminishes the victim's capacity to
support him/herself and forces him/her to depend on the perpetrator financially.
Here are some examples of financially abusive behavior:
Giving you an allowance and closely watching what you buy.
Placing your paycheck in their account and denying you access to it.
Keeping you from seeing shared bank accounts or records.
Forbidding you to work or limiting the hours you do.
Preventing you from going to work by taking your car or keys.
Getting you fired by harassing you, your employer or coworkers on the
job.
Hiding or stealing your student financial aid check or outside financial
support.
Using your social security number to obtain credit without your
permission.
Using your childs social security number to claim an income tax refund
without your permission.
Maxing out your credit cards without your permission.
Refusing to give you money, food, rent, medicine or clothing.
Using funds from your childrens tuition or a joint savings account
without your knowledge.
Spending money on themselves but not allowing you to do the same.
Giving you presents and/or paying for things like dinner and expecting
you to somehow return the favor.
Using their money to hold power over you because they know you are
not in the same financial situation as they are.

Sexual Abuse abuse refers to any action that pressures or coerces someone
to do something sexually they dont want to do. It can also refer to behavior
that impacts a persons ability to control their sexual activity or the

circumstances in which sexual activity occurs, including oral sex, rape or

restricting access to birth control and condoms.
Some examples of sexual assault and abuse are:
Unwanted kissing or touching.
Unwanted rough or violent sexual activity.
Rape or attempted rape.
Refusing to use condoms or restricting someones access to birth
control.
Keeping someone from protecting themselves from sexually
transmitted infections (STIs).
Sexual contact with someone who is very drunk, drugged, unconscious
or otherwise unable to give a clear and informed yes or no.
Threatening someone into unwanted sexual activity.
Repeatedly pressuring someone to have sex or perform sexual acts.
Repeatedly using sexual insults toward someone.

Acts
This section (Section 5) aims to focus on the acts that violates the Violence
Against Women and Children (Republic Act 9262)
1.
2.
3.
4.
5.

Causing physical harm to the woman or her child;

Threatening to cause the woman or her child physical harm;
Attempting to cause the woman or her child physical harm;
Placing the woman or her child in fear of imminent physical harm;
Making a woman or her child engage in conduct that they don't
want to or making them not engage in conduct they want to engage
in or interfering with their freedom of movement by force,
intimidation or threats. This includes any of the following,:
a.) Depriving, or even threatening to deprive, the woman or her
child in custody of his/her family.
b.) Depriving or threatening to deprive a woman or her child of a
legal right.
c.) Depriving or threatening to deprive a woman or her child of the
financial support due her or her family, or even deliberately giving
insufficient support.

6. Inflicting or threatening to inflict physical harm on oneself for the

purpose of controlling her actions or decisions;
7. Causing or attempting to cause the woman or her child to engage in
any sexual activity which does not constitute rape, by force or
threat of force, physical harm, or through intimidation directed
against the woman or her child or her/his immediate family;
8. Engaging in purposeful, knowing, or reckless conduct, personally or
through another, that alarms or causes substantial emotional or
psychological distress to the woman or her child. This shall include,
but not be limited to, the following acts:
a. Stalking or following the woman or her child in public or private
places;
b. Peering in the window or lingering outside the residence of the
woman or her child;
c. Entering or remaining in the dwelling or on the property of the
woman or her child against her/his will;
d. Destroying the property and personal belongings or inflicting
harm to animals or pets of the woman or her child; and
e. Engaging in any form of harassment or violence;
9. Causing mental or emotional anguish, public ridicule or humiliation
to the woman or her child, including, but not limited to, repeated
verbal and emotional abuse, and denial of financial support or
custody of minor children of access to the woman's child/children.
Protection Orders
There are three (3) types of protection orders, the (1) Barangay
Protection Order, (2) Temporary Protection Order, and (3) Permanent
Protection Order. These orders have the effect to protect the woman or child
from further acts of violence.
The following persons can file the case and apply for the protective orders.
1.) The woman or child

2.) Relatives within the 4th civil degree

3.) Parents or guardians
4.) Officers or social workers of the DSWD or local government unit
5.) The police
6.) The Barangay Captain or Kagawad
7.) The woman or child's lawyer, therapist, doctor or health care provider
8.) At least 2 concerned citizens of the city or municipality where the crime
was committed, provided they have personal knowledge of the crime.
A BPO has a lifetime of 15 days while a TPO has 30. A PPO is a permanent
protective order.
Violation of a protection order carries with it a fine of Php5,000.00 to
50,000.00 and/or a 6-month prison term.
Victims Rights include the following:
In addition to their rights under existing laws, victims of violence against
women and their children shall have the following rights:
To be treated with respect and dignity
To avail legal assistance from the PAO of the Department of Justice or
any public assistance office
To be entitled to support services from the DSWD and LGUs
To be entitled to all legal remedies and support as provided for under
the Family Code
To be informed of their rights and the services available to them,
including their right to apply for a protection order

What is Battered Wife Syndrome?

BWS is a scientifically defined pattern of psychological and behavioral
symptoms found in women living in battering relationships as a result of
cumulative abuse.

Penalties
From the commission of any of the above acts, penalties ranging from
Aresto Mayor to Prision Mayor shall be imposed as the case may be pursuant
to Section 6 thereof. Also, a fine of Php100,000.00 to 300,000.00 will be
required, as well as mandatory counseling or psychiatric treatment. If these
acts were committed while the woman or child was pregnant or committed in
the presence of the child, the maximum period of the penalty will be
imposed.

Sources:
Amurao Jr., Maximo. Commentaries in Criminal Law
Central Book, 2013. Print
Philippine Commission on Women (2009) What is VAWC?
Retrieved
from:
http://www.pcw.gov.ph/focus-areas/violence-againstwomen/definition
Captain Barangay to the Rescue, Anti-Violence Against Women and Children
Retrieved from: https://captainbarangay.wordpress.com/laws/anti-violenceagainst-women-and-their-children-act-ra-9262/
loveisrepsect.org, What is Abuse?
Retrieved from: http://www.loveisrespect.org/is-this-abuse/types-of-abuse/
Wikipedia, Economic Abuse
Retrieved from: http://en.wikipedia.org/wiki/Economic_abuse
Wikipedia, Physical Abuse
Retrieved from: http://en.wikipedia.org/wiki/Physical_abuse
Wikipedia, Mental Abuse
Retrieved from: http://en.wikipedia.org/wiki/Mental_abuse

A report on
Republic Act No. 9262
VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN

Reported By:
Falsis, Kashmere V.
Falsis, John Elbert R.

Submitted to:
Dean Ulpiano Sarmiento III
Agrarian Law & Social Legislation
Summer 2014 - 2015