Violence Against Women and Children Act Philippines

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

The Philippines has been proactive in strengthening protections for women and children against violence through legislation, awareness campaigns, and institutional reforms. One of the hallmark pieces of legislation in this regard is Republic Act No. 9262, commonly known as the “Anti-Violence Against Women and Their Children Act of 2004.” This law provides measures to protect women and their children from various forms of abuse, outlines specific legal remedies, and prescribes penalties for perpetrators.

This article aims to provide a comprehensive guide to Republic Act No. 9262, detailing its historical context, definitions, scope of protection, legal processes, and recent developments.

1. Historical Context and Legislative Intent

  1. Historical Background

    • Violence against women and children (VAWC) was traditionally viewed as a private family matter in the Philippines. The tendency to keep abuses within the confines of the home, coupled with insufficient legal mechanisms, led to an environment where victims were often left unprotected.
    • Recognizing the pervasive nature of domestic violence and its detrimental effect on families and society, women’s rights advocates and legislators lobbied for a comprehensive law that would address various forms of violence against women and children.
    • Signed into law on March 8, 2004 (International Women’s Day), Republic Act No. 9262 was a milestone in Philippine legislation. Its enactment underscores the government’s recognition of women’s and children’s rights as a priority concern and its commitment to align with international standards like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

  2. Legislative Intent and Purpose

    • The primary goal of RA 9262 is to define, prohibit, and penalize acts of violence against women and their children within intimate relationships.
    • The law aims to provide comprehensive measures to protect victims, including legal remedies such as protection orders, support, and other reliefs.
    • It also ensures a multisectoral approach by mandating coordination among government agencies, local government units, and non-government organizations to effectively address domestic violence.

2. Key Definitions Under RA 9262

  1. Violence Against Women and Their Children (VAWC)
    The term “violence against women and their children” under RA 9262 is broad. It includes any act or a series of acts committed by a person (the offender) against a woman with whom the offender has or had a sexual or dating relationship, or with whom the offender has a common child. These acts also apply when committed against the woman’s child—whether legitimate or illegitimate—within or outside the family abode.

  2. Persons Protected by the Law

    • The law specifically protects women and their children.
    • “Women” may refer to the offender’s wife, former wife, a woman with whom the offender has or had a sexual/dating relationship, or a woman with whom the offender has a common child.
    • “Children” refer to the woman’s children—biological or adopted—regardless of age, who are under her care and custody, including those not her own but living within the household (e.g., stepchildren).

  3. Covered Relationships
    Acts of violence are punishable if these are committed:

    • By a husband or ex-husband,
    • By a male partner or ex-partner,
    • By a boyfriend or ex-boyfriend (dating relationship),
    • By a former or current live-in partner,
    • Or any person who has or had a sexual relationship with the victim.

  4. Forms of Violence
    RA 9262 expressly recognizes multiple forms of abuse:

    • Physical Violence – Bodily or physical harm, such as battery, assault, or acts resulting in physical injuries.
    • Sexual Violence – Sexual coercion, forcing a woman or her child to engage in sexual acts, or treating them as a sexual object, among other related actions.
    • Psychological Violence – Acts or omissions causing or likely to cause mental or emotional suffering, including intimidation, harassment, stalking, verbal abuse, and public ridicule.
    • Economic Abuse – Acts that make or attempt to make a woman financially dependent, including controlling financial resources, destroying household property, and preventing the victim from engaging in employment opportunities.

3. Scope of Application

  1. Within and Outside the Family Abode
    The law covers acts committed inside or outside the family home. This means that the legal protection and penalties extend beyond the traditional notion of domestic violence within a shared residence.

  2. Extraterritorial Application
    Philippine courts generally exercise jurisdiction if the acts occurred within Philippine territory. However, if the offender or victim is a Philippine national, certain circumstances may allow extraterritorial application, though subject to limitations and jurisdictional rules under Philippine law.

  3. Battered Woman Syndrome

    • RA 9262 also acknowledges Battered Woman Syndrome (BWS), a scientifically recognized pattern of psychological and behavioral symptoms found in women in abusive relationships.
    • Courts are required to consider BWS as a defense when a woman victim of repeated domestic violence is forced to commit an act that otherwise could be considered a crime (e.g., harming or killing her abuser in self-defense).
    • The law mandates the introduction of expert testimony to establish BWS and ensures that a woman’s history of abuse is taken into account during criminal proceedings.

4. Protective Measures and Legal Remedies

One of the cornerstone features of RA 9262 is the provision for protective orders, which are legal directives intended to safeguard victims from further harm and help them recover. There are three levels of protective orders:

  1. Barangay Protection Order (BPO)

    • Victims, or any person with personal knowledge of the abuse, can apply for a BPO at the barangay (the smallest administrative division in the Philippines).
    • The Barangay Captain (or any available barangay official) can issue a BPO, which generally lasts for 15 days.
    • The BPO directs the offender to refrain from committing or threatening physical harm to the victim. It may also include a prohibition against contacting the victim.

  2. Temporary Protection Order (TPO)

    • Issued by the court, a TPO can be granted ex parte (i.e., without the presence of the offender) if the court is convinced of immediate necessity to protect the victim.
    • A TPO is effective for 30 days from the date of issuance or until further order of the court.
    • It can include specific provisions such as removing the offender from the residence, awarding temporary custody of children to the victim, and providing temporary support or financial assistance.

  3. Permanent Protection Order (PPO)

    • After a hearing on the merits, if the court finds that an act of violence occurred and the threat persists, it may issue a PPO.
    • A PPO generally has an indefinite duration, unless lifted by the court.
    • Provisions can mirror those in a TPO but are meant to offer long-term protection, including continued financial support, custody arrangements, and other safeguards necessary for the victim’s protection.

Other Reliefs and Provisions

  • Support: Courts can order the offender to provide financial support to the victim and any involved children.
  • Custody: The court may grant custody of the minor children to the victim, considering the children’s best interests.
  • Residence: The court may order the offender to vacate the family home, irrespective of ownership.
  • Rehabilitation Programs: Offenders may be required to undergo counseling or psychiatric treatment as part of the protective order.

5. Filing a Complaint and Court Procedures

  1. Who May File

    • The woman victim herself,
    • Parents or guardians of the victim,
    • Ascendants, descendants, or collateral relatives within the fourth civil degree,
    • Social workers, police officers, or barangay officials,
    • Or at least two concerned responsible citizens from the community with personal knowledge of the circumstances of abuse.

  2. Jurisdiction

    • Regional Trial Courts (Family Courts) have jurisdiction over cases involving VAWC.
    • In areas where there are no designated Family Courts, the case is filed in the Regional Trial Court that exercises jurisdiction over family matters.

  3. Criminal and Civil Aspects

    • RA 9262 provides for criminal sanctions for perpetrators who commit acts of violence.
    • Simultaneously, the law allows the filing of civil actions for damages and support. These can be filed separately or alongside the criminal action.

  4. Penalties

    • The penalties under RA 9262 depend on the severity and nature of the offense. Imprisonment can range from a few months to up to twenty (20) years.
    • Additional penalties may involve fines, mandated psychological counseling, and participation in a government-approved treatment or rehabilitation program.

  5. No Mediation in Criminal Proceedings

    • The law explicitly disallows “mediation” or conciliation in criminal proceedings involving domestic violence. This provision recognizes the inherent power imbalance and the risk of further harm to victims in such situations.

6. Enforcement and Responsibilities of Government Agencies

  1. Inter-Agency Council on Violence Against Women and Their Children (IACVAWC)

    • RA 9262 created the Inter-Agency Council on Violence Against Women and Their Children to coordinate the efforts of various government agencies.
    • Member agencies include the Department of Social Welfare and Development (DSWD), the Department of Health (DOH), the Department of the Interior and Local Government (DILG), the Philippine National Police (PNP), the National Commission on the Role of Filipino Women (NCRFW, now the Philippine Commission on Women), and others.
    • The council formulates programs, policies, and projects that address VAWC, ensuring a cohesive national response.

  2. Barangay Officials and Local Government Units (LGUs)

    • LGUs play a crucial role in the initial response to VAWC cases. Barangay officials are empowered to issue BPOs and are tasked with making immediate referrals to the police or healthcare providers when necessary.
    • LGUs may also provide shelters or coordinate with NGOs to supply temporary housing, counseling, and other support services.

  3. Philippine National Police (PNP)

    • The PNP has established Women and Children Protection Desks (WCPD) in police stations. These dedicated units handle complaints involving VAWC, conduct investigations, and ensure proper documentation.
    • The WCPD officers undergo specialized training on gender-sensitive handling of domestic violence and sexual assault cases.

  4. Department of Justice (DOJ)

    • Through the National Prosecution Service, the DOJ prosecutes VAWC cases, ensuring the enforcement of RA 9262 and upholding victims’ rights throughout the judicial process.

  5. Healthcare Institutions

    • Hospitals and clinics are mandated to provide free medical treatment for VAWC cases, particularly if the victim is indigent.
    • Medical documentation and records serve as crucial evidence in prosecuting VAWC cases.

7. Implementation Challenges

  1. Cultural and Social Barriers

    • Some victims still refrain from filing charges due to fear of social stigma, financial dependence, or threats from the offender.
    • Traditional beliefs emphasizing family privacy can discourage reporting.

  2. Resource Limitations

    • Not all barangays have adequately trained personnel to handle VAWC cases, leading to delays or mishandling of complaints.
    • Shelters and support services, especially in rural areas, are limited, compromising victim safety and recovery.

  3. Underreporting and Data Collection

    • Many cases remain unreported, making it difficult to gauge the true extent of domestic violence.
    • Lack of comprehensive data may hinder the development of targeted programs.

8. Recent Developments and Related Legislation

  1. Expanded Programs and Policies

    • Government and civil society have intensified public information campaigns regarding VAWC.
    • Local government units continue to establish VAWC desks and crisis centers for women and children.

  2. Safe Spaces Act (Republic Act No. 11313)

    • Enacted in 2019, the Safe Spaces Act (also known as the “Bawal Bastos” Law) addresses gender-based sexual harassment in public spaces, online spaces, and workplaces.
    • This law is complementary to RA 9262, broadening the protection beyond the family context.

  3. Gender and Development (GAD) Programs

    • Government agencies allocate a portion of their annual budget (at least five percent) to Gender and Development programs.
    • These funds often support the implementation of RA 9262, particularly in capacity-building, victim services, and advocacy efforts.

  4. Case Law

    • Philippine jurisprudence continues to shape the implementation of RA 9262. The Supreme Court has decided on cases clarifying the definition of psychological violence, the scope of protection orders, and the evidence required to prove Battered Woman Syndrome, among others.
    • These rulings refine the application of the law and provide guidance to lower courts, ensuring consistent and fair treatment of VAWC cases.

9. Practical Tips for Victims and Advocates

  1. Seek Immediate Protection

    • Victims can apply for a Barangay Protection Order or go directly to the police or the nearest court if immediate danger is present.

  2. Document Evidence

    • Keep any evidence of abuse, including photographs of injuries, medical certificates, text messages or call logs, and eyewitness accounts.

  3. Know Your Rights

    • Victims have the right to legal representation, medical assistance, psychological counseling, and shelter assistance.
    • They can also request that legal proceedings be conducted in a gender-sensitive manner.

  4. Collaborate with Service Providers

    • Government agencies (e.g., DSWD, PNP Women and Children Protection Desks) and non-government organizations can offer support, including temporary shelter, financial assistance, and legal counsel.

  5. Utilize Community Resources

    • Local Barangay VAW Desks, women’s organizations, and community centers can provide referrals and initial guidance on how to file a complaint and obtain protection.

10. Conclusion

The Anti-Violence Against Women and Their Children Act of 2004 (Republic Act No. 9262) stands as a crucial pillar in protecting women and children from domestic and intimate-partner violence in the Philippines. By broadening the definition of abuse, introducing protective orders, and imposing strict penalties on offenders, RA 9262 has transformed the legal and social landscape for survivors.

Despite ongoing challenges—such as underreporting, social stigma, and limited resources—implementation of the law continues to improve through the concerted efforts of government agencies, civil society, and local communities. Education, advocacy, and continued legislative reforms remain vital to ensure that every woman and child in the Philippines can live free from violence, fear, and intimidation.

Ultimately, the success of RA 9262 relies on the collective commitment of all sectors to uphold women’s and children’s rights, foster a culture of zero-tolerance for violence, and nurture a society that empowers and protects its most vulnerable members.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Privacy Policy

Terms of Use

Lawyer Login

 
 
Privacy Policy         Terms of Use         Lawyer Login