Anti-Violence Against Women and Their Children Act of 2004 (Republic Act No. 9262)

I. OVERVIEW

Republic Act No. 9262, also known as the Anti-Violence Against Women and Their Children Act of 2004, was enacted to address and penalize acts of violence committed against women and children within the context of intimate relationships, such as those between spouses, former spouses, partners, and individuals with a shared child.

The law aims to uphold the dignity of women and children, protect their rights, and ensure that perpetrators are held accountable for their abusive acts. It establishes both criminal and civil remedies for victims, provides mechanisms for their protection, and includes penalties for violators.

II. COVERED RELATIONSHIPS

The law applies when the offender and the victim have or had the following relationships:

Marital Relationship:
- Legally married couples, including those who are separated.
Common-Law Relationships:
- Persons who live or have lived together as husband and wife without marriage.
Dating Relationships:
- Individuals who have or had a romantic, intimate, or sexual relationship.
Parental Relationships:
- Individuals who have a common child, whether or not they are married or living together.
Relatives by Affinity:
- Situations where abuse is committed against a child of the woman from a previous relationship.

III. DEFINITIONS

Violence Against Women and Their Children (VAWC): Any act or series of acts committed by a person against a woman with whom they have or had an intimate relationship, or against her child, that results in:
- Physical harm
- Sexual violence
- Psychological or emotional abuse
- Economic abuse
Physical Violence: Acts that cause bodily harm or physical suffering, such as hitting, punching, slapping, and similar acts.
Sexual Violence:
- Rape, sexual harassment, acts of lasciviousness, treating women as sexual objects, or forcing her to engage in sexual acts.
Psychological Violence:
- Inflicting mental or emotional suffering, such as intimidation, stalking, repeated verbal abuse, public humiliation, or threats.
Economic Abuse:
- Denial of financial support, control over finances, deprivation of basic needs, or unlawful withholding of property.

IV. CRIMINAL PROVISIONS

A. Punishable Acts The following acts are penalized under RA 9262:

Causing physical harm to the woman or her child.
Threatening physical harm.
Attempting to cause harm.
Placing the woman or child in fear of imminent physical harm.
Forcing the woman or child into engaging in conduct against their will.
Inflicting emotional or psychological harm through intimidation, harassment, or public humiliation.
Depriving the woman or child of financial resources or support.
Preventing the woman from engaging in employment or accessing resources.

B. Penalties

Imprisonment ranging from 1 month and 1 day to 20 years, depending on the severity of the offense.
Fines ranging from ₱100,000 to ₱300,000.
Mandatory participation in psychological counseling or psychiatric treatment for the offender.

C. Criminal Procedure

Where to File:
- Criminal complaints under RA 9262 may be filed with the Regional Trial Court (RTC) designated as a Family Court.
Prescriptive Period:
- The offense must be prosecuted within 20 years from the commission of the act, except for economic abuse, which may be continuous.

V. PROTECTION ORDERS

RA 9262 allows for the issuance of Protection Orders to safeguard the victim and prevent further abuse.

A. Types of Protection Orders

Barangay Protection Order (BPO):
- Issued by the Barangay Captain or Barangay Kagawad.
- Valid for 15 days.
- Prohibits the respondent from committing acts of violence.
Temporary Protection Order (TPO):
- Issued by the court upon filing of a petition.
- Valid for 30 days unless extended.
Permanent Protection Order (PPO):
- Issued after a full hearing.
- Provides long-term protection for the victim.

B. Remedies Provided

Prohibition from contacting or communicating with the victim.
Removal of the abuser from the residence.
Provision of financial support.
Custody of minor children awarded to the victim.

VI. CIVIL REMEDIES

Protection Orders:
- May be requested independently of criminal action.
Custody and Support:
- Victims may seek custody of children and financial support through civil actions.
Monetary Damages:
- Compensation for injuries, emotional distress, and financial losses caused by abuse.

VII. IMPLEMENTATION AND SUPPORT

Law Enforcement Responsibilities:
- Police officers must assist victims in obtaining medical treatment, securing shelters, and filing complaints.
- Failure to act may result in administrative sanctions.
Role of Social Workers:
- Provide counseling, shelter referrals, and support services for victims.
Mandatory Reporting:
- Health workers and government employees are required to report suspected VAWC cases.

VIII. NOTABLE PROVISIONS

No Mediation in Criminal Cases:
- Mediation is strictly prohibited in cases of violence against women and children.
Gender-Sensitivity Training:
- Law enforcers and government officials are mandated to undergo training on handling VAWC cases.
Extraterritorial Jurisdiction:
- The law applies to Filipino citizens or permanent residents who commit acts of violence against Filipino women and children, even abroad.

IX. CRITICISMS AND CHALLENGES

Implementation Issues:
- Lack of awareness and resources in remote areas.
- Inadequate training of law enforcement personnel.
Misuse of the Law:
- Reports of abuse of the law to gain an advantage in custody or property disputes.
Cultural Barriers:
- Victims often hesitate to report abuse due to stigma, fear of retaliation, or economic dependency.

X. SIGNIFICANCE

RA 9262 is a landmark law in Philippine legal history, emphasizing the government’s commitment to protecting women and children from abuse and violence. It underscores the importance of addressing not only physical harm but also psychological and economic dimensions of violence.

By balancing punitive measures with protective remedies, the law aims to empower victims and deter offenders, contributing to a safer and more equitable society.