University of Santo Tomas

Faculty of Civil Law

España, Manila

Anti-Violence Against Women and Their Children Act of 2004 (VAWC)

Aggabao, Mae Kathreene D.

Ayento, Paul Sidney D. Romano, Dion Lorenz L.

IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE SUBJECT

(SPECIAL PENAL LAWS)

Judge Oscar B. Pimentel Professor

18 May 2015

Anti-Violence Against Women and Their Children Act of 2004 (VAWC)

REPUBLIC ACT NO. 9262

I. INTRODUCTION

Since time immemorial woman and children were victims of all kind and sort of violence in

the society. They were regarded as no more than household fixtures and, therefore, men’s

chattels. Women and children have suffered violence in the guise of conjugal rights and paternal

discipline, respectively. Women’s vulnerability and traditionally lower social status have made

them subject to male authority and abuse. Thus, it’s safe to say that gender violence, mostly

against women, is imbedded in the context of cultural, socio-economic and political power

relations in almost, if not all parts in the world.

The ill effects of violence on women cannot be overstated. Violence or the threat of violence

shrinks the range of choices open to women in almost every sphere of life, private or public. It

limits their choices directly by destroying their health, disrupting their lives, constructing the

scope of their activity, and, indirectly, by eroding their self-confidence and self-esteem.

Historical data demonstrate that abused women and children are not twentieth century

phenomenon.

The Roman Law of persons recognized the power of the father over his wife and children

(patria potestas) which gave him control over life and death, thus, of uncontrolled corporeal

chastisement by a man of his wife and children and other members of his family.1

In England, in the middle ages “the husband, by the old law, might give the wife moderate

correction; for as he was to answer for her misbehavior, he ought to have the power to control

her; but that in the polite reign of Charles II this power of correction began doubted.”2 In the

course of time the English common law gave the men absolute authority over their wives and

children. For instance, the “Rule of Thumb” which permitted a husband to beat his wife and

1 Supreme Court Issuance Re: Rule On Violence Against Women And Their Children 2 Blackstone’s Com. 444 as cited in State v. Rhodes, 61 N.C. 453, Philipps Law 453, 98 Am Dec. 78(1868)

children with a rod no thicker than his thumb. While this rule was intended to protect women

from severe beating, it instead gave men the license to beat their wives. 3

In early American history, several states passed laws prescribing the extent to which

punishment could be meted out to men who beat their wives but an attempt in 1886 to pass a law

forbidding wife beating in Pennsylvania failed. In 1910, the Federal Supreme Court ruled that a

wife did not have cause for action on an assault and battery charge against her husband. The

court felt that such a ruling would open the doors of the courts to accusations of all sorts of one

spouse against other and bring into public notice complaints for assault, slander, and libel.4

As the pervasiveness of violence against women unfolded, a sense of urgency to find

effective means to prevent violence from different cultures and settings led to the enactment by

several States of gender-specific comprehensive domestic violence legislation.

Violence against women (VAW) has captured the attention of the government and legislators

in the Philippines, propelled by the demand of a growing women’s human rights movement and

the Convention on the Elimination of All Forms of Discrimination Against Women, its Optional

Protocol as well as other international conventions. The Beijing Conference on Women in 1995

heightened the demand of women’s rights advocates for laws protecting women from violence.

Progressive reforms in laws protecting women was brought about by several factors

beginning with the democratization process that began in the 1986 People Power Revolution

after the fall of the Marcos dictatorship, the 1987 Constitution that has specific provisions on the

rights of women and fundamental equality before the law of men and women, the increasing

number of women’s organizations in the provinces with links to Metro Manila based women’s

rights organizations,5 and the participation of women legislations who are becoming increasingly

aware of the need for gender equality and the elimination of VAW. This period marks the

contribution of women legislators who were elected in the 1988 elections and thereafter.

The legal instruments recognizing women’s right was embodied in no other than the

fundamental law, the Constitution. Thus, it provides that “the State recognizes the role of women 3 V. Wiehe, Understanding Family Violence, (1998) 4 Thomson vs. Thomson, 218 U.S. 611,617 (1910) 5 Such as Kalayaan, Pilipina, Women’s Crisis Center, Inc., SIBOL, Likhaan and Kalakasan.

in nation building, and shall ensure the fundamental equality before the law of women and

men.”6 Moreover, “the State guarantees full respect for human rights”7 as well as protection for

working women by providing safe and healthful working conditions, taking into account their

maternal functions, and such facilities and opportunities that will enhance their welfare and

enable them to realize their full potential in the service of the nation.”8 Priority in the health

needs of woman and children is also mandated by the same provision of the Constitution.9

With regards to laws specifically for the protection of children10, which was given scant

consideration until 1997 when Congress passed into law R.A. No. 8369.11 But even then, the

only provisions this law had on the matter were those vesting exclusive jurisdiction to Family

Courts in cases of domestic violence against women and children, describing what constitutes

domestic violence against them and providing the special provisional remedy of restraining order

for relief from abuse.

The law defined domestic violence against women as “acts of gender-based violence that

result in , or likely to result in, or likely to result in physical, sexual or psychological harm or

suffering to women; and other forms of physical abuse such as battering or threats and coercion

which violate a woman’s personhood, integrity and freedom of movement.”12 Similarly, it

described violence against children as “the commission of all forms of abuse, neglect, cruelty,

exploitation, violence, and discrimination and all other conditions prejudicial to their

development.”13

In 2004, after nine years of advocacy by women’s groups and the National Commission

on the Role of Filipino Women, the Republic Act 9262 entitled “An Act Defining Violence

Against Women and Their Children, Providing for Protective Measures for Victims, Prescribing

Penalties therefore, and for Other Purposes.” was passed into law. The Anti-VAWC Act is the

result of a decade of advocacy of victim-survivors women’s human rights advocates and

women’s organizations, women legislators, and government agencies. The passage of the law 6 Sec. I4, Art. II, 1987 Constitution 7 Sec. 11, Art. II, 1987 Constitution 8 Sec. 14, Art XIII, 1987 Constitution 9 Ibid 10 P.D. No. 603 (1975), The Child and Youth Welfare Code; E.O. No. 209 (1988), The Family Code; and R.A. No. 7610 (1992), Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act. 11 The Family Court Act of 1997 12 Sec. 5 (k)(1) 13 Sec. 5(k)(2)

marks the State’s compliance with its obligation under the Convention on the Elimination of

Discrimination Against Women (CEDAW)which the Philippines ratified in 1981, and the

Optional Protocol on the CEDAW, which was ratified by the Philippine Senate in 2003.14

The Republic Act 9262, also known as Anti-Violence Against Women and Their

Children Act of 2004, purports to protect women and children from violence and threats to their

personal safety and security. This legislation is proof that national government has finally

recognized the damaging effect of violence against women, which affects not only the sanctity of

the family but also the community. While violence against women usually involves violence in

the relationship between adults and does not technically include child abuse or neglect, the silent

victims of violence within the home too often are the children who are not physically,

psychologically and emotionally injured but who, having witnessed violence and consequently

form the belief that violence is an acceptable way to cope with stress or problems or to gain

control over another person. There have been evidences that violence within the family causes

social matters such as violent crimes, substance abuse and juvenile delinquency. Research shows

that boys who witness violence between their parents are almost three times more likely to

become abusers themselves than sons of non-violent parents. 15

The law is gender-specific, protecting the rights of women and their children. Generally,

only women may file actions under the anti-VAWC Act, while the offenders may either be men

or women with whom the victims are or were in lesbian relationships.16 Being gender-specific,

the law was subjected to criticisms and attacks, including the question on its constitutionality.

Moreover, the definition includes past or present marital, live-in, sexual or dating

relationships. The inclusion of men with whom the victim-survivor has a common child was

included in the Bicameral Conference upon the request of the Department of Social Welfare and

Development to protect the rights of women who are not married to fathers of their children,

14 2009. Guazon, M. The Anti-Violence against Women and Their Children Act of 2004 (Republic Act 9262). Rex Bookstore, Inc. Philippines:

Manila.

15 S. Guerrero, L. Penano-Ho, Et. Al., The Many Faces of Violence, Abuses, and Abusive Relationships in Filipino Families, (1999) 16 2008. R., Guanzon, Expert Group Meeting On Good Practices In Legislation On Violence Against Women

including children of rape victims. It includes those which the Labor Code and R.A. 9872 refer

to as solo parents.17

The anti-VAWC Act provides for the remedy of a protection order in a civil action or in a

criminal action, aside from the criminal action for violation of R.A. 9262. An ex parte

Temporary Protection Order shall be issued by the Judge within twenty-four hours from the

filing of the verified application upon a finding that there is reasonable ground to believe that an

imminent danger of violence to the woman and her children exists or is about to recur. After

hearing on the merit, a Permanent Protection Order may be granted. The relief of Temporary and

Permanent Protection order may be filed as an independent action, or together with an action for

damages, support, custody, legal separation, dissolution of the community property or nullity of

marriage.

R.A. No. 9262, in accordance with Section 11, Article 2 of the 1987 Philippine

Constitution, it states that “The State values the dignity of every human person and guarantees

full respect for human rights”, expressly declares that the State, in valuing the dignity of women

and children and in guaranteeing full respect for human rights shall exert efforts to address

violence committed against women and children in collaboration with the fundamental freedoms

guaranteed under the Constitution and international human rights instruments of which the

Philippines is part of. With this, one fundamental right under the Bill of Rights of the Philippine

Constitution is that, “No person shall be deprived of life, liberty, or property without due process

of law, nor shall any person be denied the equal protection of the laws.” R.A. No. 9262

specifically prevents the deprivation of life, liberty, or property of women and children. In the

same note, Article 15 of the Constitution states that the State shall defend “(2) The right of

children to assistance, including proper care and nutrition, and special protection from all forms

of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development”.

Not only does Republic Act 9262 operate in collaboration with the Philippine

Constitution but also with international laws which the Philippines is part of such as the

Universal Declaration of Human Rights, Convention on the Elimination of All Forms of

Discrimination against Women, and Convention on the Rights of the Child.

17 Sec. 8, R.A. 8972 otherwise known as Solo Parents’ Act of 2002; Art. 131 (superseded by the Social Security Act of 1997 R.A. 8282)

Years before the RA 9262 was proclaimed, the United Nations Charter and the Universal

Declaration of Human Rights were the initial international documents that provided for equality

and non-discrimination on gender. The Universal Declaration of Human Rights was drafted by

representatives with different legal and cultural background from all regions of the world, which

was proclaimed by the United Nations General Assembly as a common standard of achievements

for all peoples and all nations that sets out fundamental human rights such as the life, liberty and

security of every person to be universally protected. Since then, the United Nations supported

women’s movement by establishing the Commission on the Status of Women.

Subsequently, the Convention on the Elimination of All Forms of Discrimination against

Women, often described as an international bill of rights of women, was adopted by the UN

General Assembly, which defines discrimination against women as “any distinction, exclusion

or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying

the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis

of equality of men and women, of human rights and fundamental freedoms in the political,

economic, social, cultural, civil or any other field” and expresses national action to prevent and

put an end to such discrimination.

Similar to the said international law, the Convention on the Rights of the Child was

developed for the special care and protection of people under 18 years old. The Convention on

the Rights of the Child affirms the basic human rights of children, which are the right to survival;

development to the fullest; protection from harmful influences, abuse and exploitation; and the

full participation in family, cultural and social life. These four basic human rights are significant

in every child’s dignity and development.

The Philippines, as a party of the international laws as abovementioned, agrees to

undertake the obligations proclaimed by these laws wherein the national government commits

itself to ensure the protection of human rights and is accountable before the international

community. For the two conventions, identical to R.A. No. 9262, the objective is to specifically

secure the rights of women and children and also to carry out all actions and policies in order to

best enforce the purpose of these laws.

Towards this end, the State shall exert more effort in addressing the issue of violence

committed against a women and children in keeping with the different conventions that the State

is a party. Furthermore, in accordance with the fundamental law, that is, the Constitution and

other municipal laws.

II. BODY

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN,

PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING

PENALTIES THEREFORE, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women

and Their Children Act of 2004".

SECTION 2. Declaration of Policy.- It is hereby declared that 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.

Towards this end, the State shall exert efforts to address violence committed against

women and children in keeping with the fundamental freedoms guaranteed under the

Constitution and the Provisions of the Universal Declaration of Human Rights, the

convention on the Elimination of all forms of discrimination Against Women, Convention

on the Rights of the Child and other international human rights instruments of which the

Philippines is a party.

The 1987 Constitution

There are provisions on women in the 1987 Constitution which were absent in the

previous Constitution. These, as well as UN Conventions, are the basis for the special laws

protecting the rights of women. They are as follows:

ART II. Declaration of State Principles and State Policies PRINCIPLES

Sec. 2. The Philippines renounces war as an instrument of national policy,

and adopts the generally accepted principles of international law as part of the

law of the land and adheres to the policy of peace, equality, justice, freedom,

cooperation, and amity with all nations.

STATE POLICIES

Sec. 11. The State values the dignity of every human person and guarantees full

respect for human rights.

Sec. 14. The State recognizes the role of women in nation- building, and shall

ensure the fundamental equality before the law of women and men.

ART XIII Social Justice and Human Rights

Sec. 14 The State shall protect working women by providing safe and healthful

working conditions, taking into account their maternal functions, and such facilities and

opportunities that will enhance their welfare and enable them to realize their full

potential in the service of the nation.

CONSTITUTIONALITY

In the recent case of Jesus Garcia vs. Hon. Drilon, the Supreme Court upheld the

constitutionality of RA 9262 when it was challenged by the petitioner claiming that it was

violative of the equal protection and the due process guaranty of the Constitution.

Jesus C. Garcia vs. Drilon (GR No. 179267) June 25, 2013

FACTS:

Respondent Rosalie Garcia married the petitioner, Jesus Garcia, when she was 34

years old and the petitioner was 11 years younger. Respondent described herself as a

dutiful and faithful wife while her husband, a Filipino-Chinese descent, as dominant,

controlling, and often jealous of the fact that his wife still catches the eyes of some men.

He often forbade the respondent to pray, go out with her friends, and prefer her to stay at

home rather than continue with her studying of law and working part time. Petitioner

even threatened to kill any man eyeing his husband.

In 2004, petitioner had an affair with the bank manager of Robinson’s bank of

Bacolod city, who is the godmother of one of their children. Petitioner’s infidelity caused

quarrels and fights with his wife even leading the petitioner to physically hurt not only

his wife but also his daughter. This caused emotional and psychological distress to the

respondent to the extent that she committed suicide and had to stay in the hospital for

seven days by which the petitioner did not even other to visit or ask for forgiveness from

the respondent.

Respondent informed the management of the Robinsons bank that she will file

charges against her husband’s paramour, their bank manager. Petitioner threatened the

respondent that if she goes on the legal battle, he will deprive her and their children of

financial support since the petitioner earns more money way more than the respondent

and controls the family business.

On 2006, respondent filed for herself and for her minor children a Temporary

Protection Order against the petitioner, pursuant to RA 9262. RTC found reasonable

ground that an imminent danger of violence against the respondent and her children

exists or about to exist, therefore issuing the TPO.

Petitioner challenged the constitutionality of RA 9262 for being violative of due

process and equal protection clauses; and the validity of the said TPO. CA dismissed.

RULING:

RA 9262 DOES NOT VIOLATE THE EQUAL PROTECTION GUARANTY

Equal protection simply requires that all persons or things similarly situated

should be treated alike, both as to rights conferred and responsibilities imposed. In the

case of Victoriano vs. ErizaldeRope Worker’s Union, it was ruled that “The guaranty of

equal protection of the laws is not a guaranty of equality in the application of the laws

upon all citizens of the state. It is not, therefore, a requirement, in order to avoid the

constitutional prohibition against inequality, that every man, woman and child should be

affected alike by a statute.xxx

All that is required of a valid classification is that it be reasonable, which means

that the classification should be based on substantial distinctions which make for real

differences; that it must be germane to the purpose of the law; that it must not be

limited to existing conditions only; and that it must apply equally to each member of

the class.”

Thus the court finds that R.A. 9262 is based on a valid classification and, as such,

did not violate the equal protection clause by favoring women over men as victims of

violence and abuse to whom the State extends its protection.

I. THE CLASSIFICATION IS GERMANE TO THE PURPOSE OF LAW

The law considers “women” and “children” as a class and is germane to its purpose,

which is to protect them to all kinds of violence.

II. THE CLASSIFICATION IS NOT LIMITED TO EXISTING CONDITIONS ONLY,

AND APPLIES EQUALLY TO ALL MEMBERS

“Moreover, the application of R.A. 9262 is not limited to the existing conditions

when it was promulgated, but to future conditions as well, for as long as the safety

and security of women and their children are threatened by violence and abuse.

R.A. 9262 applies equally to all women and children who suffer violence and abuse.

RA 9262 DOES NOT VIOLATE THE DUE PROCESS CLAUSE

A protection order is an order issued to prevent further acts of violence against

women and their children, their family or household members, and to grant other

necessary reliefs. Its purpose is to safeguard the offended parties from further harm,

minimize any disruption in their daily life and facilitate the opportunity and ability to

regain control of their life.

The grant of a TPO ex parte cannot, therefore, be challenged as violative of the

right to due process. Just like a writ of preliminary attachment which is issued without

notice and hearing because the time in which the hearing will take could be enough to

enable the defendant to abscond or dispose of his property, in the same way, the victim of

VAWC may already have suffered harrowing experiences in the hands of her tormentor,

and possibly even death, if notice and hearing were required before such acts could be

prevented. It is a constitutional commonplace that the ordinary requirements of

procedural due process must yield to the necessities of protecting vital public interests,

among which is protection of women and children from violence and threats to their

personal safety and security.

It should be pointed out that when the TPO is issued ex parte, the court shall

likewise order that notice be immediately given to the respondent directing him to file an

opposition within five (5) days from service. Moreover, the court shall order that notice,

copies of the petition and TPO be served immediately on the respondent by the court

sheriffs. The TPOs are initially effective for thirty (30) days from service on the

respondent

Where no TPO is issued ex parte, the court will nonetheless order the immediate

issuance and service of the notice upon the respondent requiring him to file an opposition

to the petition within five (5) days from service. The date of the preliminary conference

and hearing on the merits shall likewise be indicated on the notice.

It is clear in the rules that the respondent in the petition for issuance of a

protection order is apprised of the charges and afforded the opportunity to be heard of his

defense. The opportunity to be heard is not only limited to verbal arguments but also e

done through filing of pleadings. When there is opportunity to be heard, there is no denial

of due process.

SECTION 3. Definition of Terms.- As used in this Act,

(a) "Violence against women and their children" refers to any act or a series of acts

committed by any person against a woman who is his wife, former wife, or against a

woman with whom the person has or had a sexual or dating relationship, or with

whom he has a common child, or against her child whether legitimate or

illegitimate, within or without the family abode, which result in or is likely to result

in physical, sexual, psychological harm or suffering, or economic abuse including

threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation

of liberty. It includes, but is not limited to, the following acts:

A. "Physical Violence" refers to acts that include bodily or physical harm;

B. "Sexual violence" refers to an act which is sexual in nature, committed against a

woman or her child. It includes, but is not limited to:

a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a

sex object, making demeaning and sexually suggestive remarks, physically attacking

the sexual parts of the victim's body, forcing her/him to watch obscene publications

and indecent shows or forcing the woman or her child to do indecent acts and/or

make films thereof, forcing the wife and mistress/lover to live in the conjugal home

or sleep together in the same room with the abuser;

b) acts causing or attempting to cause the victim to engage in any sexual activity by

force, threat of force, physical or other harm or threat of physical or other harm or

coercion;

c) Prostituting the woman or child.

C. "Psychological violence" refers to acts or omissions causing or likely to cause mental

or emotional suffering of the victim such as but not limited to intimidation,

harassment, stalking, damage to property, public ridicule or humiliation, repeated

verbal abuse and mental infidelity. It includes causing or allowing the victim to

witness the physical, sexual or psychological abuse of a member of the family to which

the victim belongs, or to witness pornography in any form or to witness abusive injury

to pets or to unlawful or unwanted deprivation of the right to custody and/or

visitation of common children.

D. "Economic abuse" refers to acts that make or attempt to make a woman financially

dependent which includes, but is not limited to the following:

1. withdrawal of financial support or preventing the victim from engaging in any

legitimate profession, occupation, business or activity, except in cases wherein the

other spouse/partner objects on valid, serious and moral grounds as defined in

Article 73 of the Family Code;

2. deprivation or threat of deprivation of financial resources and the right to the use

and enjoyment of the conjugal, community or property owned in common;

3. destroying household property;

4. controlling the victims' own money or properties or solely controlling the conjugal

money or properties.

(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child

resulting to the physical and psychological or emotional distress.

(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of

psychological and behavioral symptoms found in women living in battering

relationships as a result of cumulative abuse.

(d) "Stalking" refers to an intentional act committed by a person who, knowingly and

without lawful justification follows the woman or her child or places the woman or

her child under surveillance directly or indirectly or a combination thereof.

(e) "Dating relationship" refers to a situation wherein the parties live as husband and

wife without the benefit of marriage or are romantically involved over time and on

a continuing basis during the course of the relationship. A casual acquaintance or

ordinary socialization between two individuals in a business or social context is not

a dating relationship.

(f) "Sexual relations" refers to a single sexual act which may or may not result in the

bearing of a common child.

(g) "Safe place or shelter" refers to any home or institution maintained or managed by

the Department of Social Welfare and Development (DSWD) or by any other

agency or voluntary organization accredited by the DSWD for the purposes of this

Act or any other suitable place the resident of which is willing temporarily to

receive the victim.

(h) "Children" refers to those below eighteen (18) years of age or older but are

incapable of taking care of themselves as defined under Republic Act No. 7610. As

used in this Act, it includes the biological children of the victim and other children

under her care.

In the case of Rustan Ang vs. CA, the accused was found guilty of Section (h) of RA 9262

which depicts an example of a “psychological violence” provided for under the law:

Rustan Ang vs. CA and Irish Sagud (GR No. 182835) April 20, 2010

FACTS:

Irish Sagud and Rustan Ang were “on and off” sweethearts until the end of 2004, wherein

Irish broke up with her upon learning that Rustan got another woman pregnant whom Rustan

subsequently married. Before Rustan got married, he asked Irish to elope with him because he

said he did not love the woman. Irish rejected his proposal and told him to take responsibility to

the woman and their child.

In 2005, Irish received a multimedia message containing a picture of a naked woman

with spread legs and with Irish’s face pasted on the picture. After getting the obscene picture,

Rustan threatened to spread the picture in the internet. Irish sought help from the authorities and

asked Rustan to meet her in a Resort wherein she framed him in order for the police to arrest

him.

After trial, the RTC found Irish’s testimony completely credible, given in an honest and

spontaneous manner. The RTC observed that she wept while recounting her experience,

prompting the court to comment: “Her tears were tangible expression of pain and anguish for the

acts of violence she suffered in the hands of her former sweetheart. The crying of the victim

during her testimony is evidence of the credibility of her charges with the verity borne out of

human nature and experience.” Thus, in its Decision dated August 1, 2001, the RTC found

Rustan guilty of the violation of Section 5(h) of R.A. 9262. CA affirmed.

RULING:

Petition lacks merit.

The provisions of the law, taken together, indicate that the elements of the crime of

violence against women through harassment are:

1. The offender has or had a sexual or dating relationship with the offended woman;

2. The offender, by himself or through another, commits an act or series of acts of

harassment against the woman; and

3. The harassment alarms or causes substantial emotional or psychological distress

to her.

Rustan argues that one act of sending an offensive picture should not be considered a

form of harassment. But Section 3(a) of R.A. 9262 punishes “any act or series of acts” that

constitutes violence against women. This means that a single act of harassment, which translates

into violence, would be enough. The object of the law is to protect women and children.

Punishing only violence that is repeatedly committed would license isolated ones.

Court cannot measure the trauma that Irish experienced based on Rustan’s low regard for

the alleged moral sensibilities of today’s youth. What is obscene and injurious to an offended

woman can of course only be determined based on the circumstances of each case. Here, the

naked woman on the picture, her legs spread open and bearing Irish’s head and face, was clearly

an obscene picture and, to Irish a revolting and offensive one. Surely, any woman like Irish, who

is not in the pornography trade, would be scandalized and pained if she sees herself in such a

picture. What makes it further terrifying is that, as Irish testified, Rustan sent the picture with a

threat to post it in the internet for all to see. That must have given her a nightmare.

Petition denied.

D. "Economic abuse" refers to acts that make or attempt to make a woman

financially dependent which includes, but is not limited to the following:

1. withdrawal of financial support or preventing the victim from engaging in

any legitimate profession, occupation, business or activity, except in cases wherein

the other spouse/partner objects on valid, serious and moral grounds as defined in

Article 73 of the Family Code;

2. deprivation or threat of deprivation of financial resources and the right to

the use and enjoyment of the conjugal, community or property owned in common;

3. destroying household property;

4. controlling the victims' own money or properties or solely controlling the

conjugal money or properties.

STALKING

"Stalking" refers to an intentional act committed by a person who, knowingly and without

lawful justification follows the woman or her child or places the woman or her child under

surveillance directly or indirectly or a combination thereof.

DATING RELATIONSHIP

"Dating relationship" refers to a situation wherein the parties live as husband and wife

without the benefit of marriage or are romantically involved over time and on a continuing basis

during the course of the relationship. A casual acquaintance or ordinary socialization between

two individuals in a business or social context is not a dating relationship.

SEXUAL RELATIONS

"Sexual relations" refers to a single sexual act which may or may not result in the bearing

of a common child.

In the 2010 case of Rustan Ang vs. CA, the court distinguished the definition of “dating

relationship” from “sexual relationship”:

“The parties agreed that the prosecution should prove that the accused had dating

relationship with Irish. The law defines “dating relationship” as a situation in which parties live

as husband and wife without the benefit of marriage or are romantically involved overtime and

on a continuing basis during the course of the relationship.

Rustan argues that the phrase “romantically involved” means that the offender and the

offended party have or had sexual relations. The court disagrees. It is quite clear that the law did

not use the word “romance” to imply sexual act. The law used the phrase “sexual or dating

relationship” thereby distinguishing one from the other.”

SAFE PLACE OR SHELTER

"Safe place or shelter" refers to any home or institution maintained or managed by the

Department of Social Welfare and Development (DSWD) or by any other agency or voluntary

organization accredited by the DSWD for the purposes of this Act or any other suitable place the

resident of which is willing temporarily to receive the victim.

CHILDREN

"Children" refers to those below eighteen (18) years of age or older but are incapable of

taking care of themselves as defined under Republic Act No. 7610. As used in this Act, it

includes the biological children of the victim and other children under her care.

Custody of Children

Under Section 28 of RA 9262 provides that women who are victims of violence shall be

entitled to the custody and support of her child/children. Children below seven (7) years old

older but with mental or physical disabilities shall automatically be given to the mother, with

right to support, unless the court finds compelling reasons to order otherwise.

In relation to the provision regarding Battered Woman Syndrome, Section 28 also

provides entitlement of custody of children to victims who are suffering from the said syndrome.

The law strictly prohibits giving custody of minor children to the perpetrator of battered women.

SECTION 4. Construction.- This Act shall be liberally construed to promote the protection

and safety of victims of violence against women and their children.

Under section 4 of RA 9262, the provisions of the law shall be liberally construed in

order to promote the protection and safety of women and children against violence and threats.

Furthermore, the principle of conspiracy under the Revised Penal Code can be applied in the law.

Section 47 of the law expressly provides that the Revised Penal Code and the other applicable

laws shall have suppletory application.

Sharica Tan vs. Spouses Tan (GR No. 168852) September 30, 2008

FACTS:

Sharica Tan, petitioner, and Steven Tan were married with two children. Barely

six years into their marriage, petitioner filed a petition for the issuance of a TPO against

Steven and her parents-in-law, the respondents before the RTC alleging that Steven was

in conspiracy with his parents in causing verbal, psychological, and economic abuses.

RTC granted the petition at first but upon motion to Dismiss by the respondents,

RTC dismissed the TPO on the ground that the respondents, being the parents-in-law of

the petitioner, are not covered by RA 9262.

ISSUE:

WHETHER OR NOT RESPONDENTS-SPOUSES PERFECTO & JUANITA, PARENTS-IN-LAW

OF SHARICA, MAY BE INCLUDED IN THE PETITION FOR THE ISSUANCE OF A

PROTECTIVE ORDER, IN ACCORDANCE WITH REPUBLIC ACT NO. 9262, OTHERWISE

KNOWN AS THE “ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF

2004”

RULING:

The Court rules in favor of the petitioner.

Section 3 of R.A. No. 9262 defines ''violence against women and their children'' as “any act

or a series of acts committed by any person against a woman who is his wife, former wife, or

against a woman with whom the person has or had a sexual or dating relationship, or with whom he

has a common child, or against her child whether legitimate or illegitimate, within or without the

family abode, which result in or is likely to result in physical, sexual, psychological harm or

suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or

arbitrary deprivation of liberty.”

While the said provision provides that the offender be related or connected to the victim by

marriage, former marriage, or a sexual or dating relationship, it does not preclude the application of

the principle of conspiracy under the RPC.

Section 47 of R.A. No. 9262 expressly provides for the suppletory application of the RPC,

thus:

SEC. 47. Suppletory Application. - For purposes of this Act, the Revised Penal

Code and other applicable laws, shall have suppletory application.

It must be further noted that Section 5 of R.A. No. 9262 expressly recognizes that the acts

of violence against women and their children may be committed by an offender through another,

thus:

SEC. 5. Acts of Violence Against Women and Their Children. - The crime of

violence against women and their children is committed through any of the following acts:

x x x

(h) 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:

(1) Stalking or following the woman or her child in public or private places;

(2) Peering in the window or lingering outside the residence of the woman or her

child;

(3) Entering or remaining in the dwelling or on the property of the woman or her

child against her/his will;

(4) Destroying the property and personal belongings or inflicting harm to animals

or pets of the woman or her child; and

(5) Engaging in any form of harassment or violence; x x x. (Emphasis supplied)

In addition, the protection order that may be issued for the purpose of preventing further acts of

violence against the woman or her child may include individuals other than the offending husband, thus:

SEC. 8. Protection Orders. – x x x The protection orders that may be issued under

this Act shall include any, some or all of the following reliefs:

(a) Prohibition of the respondent from threatening to commit or committing,

personally or through another, any of the acts mentioned in Section 5 of this Act;

(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting

or otherwise communicating with the petitioner, directly or indirectly; x x x (Emphasis

supplied)

Finally, Section 4 of R.A. No. 9262 calls for a liberal construction of the law, thus

SEC. 4. Construction. - This Act shall be liberally construed to promote the

protection and safety of victims of violence against women and their children.

The legislative intent must be effectuated by the courts. In the present case, the express

language of R.A. No. 9262 reflects the intent of the legislature for liberal construction as will best

ensure the attainment of the object of the law according to its true intent, meaning and spirit - the

protection and safety of victims of violence against women and children.

SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence

against women and their children is committed through any of the following acts:

(a) Causing physical harm to the woman or her child;

(b) Threatening to cause the woman or her child physical harm;

(c) Attempting to cause the woman or her child physical harm;

(d) Placing the woman or her child in fear of imminent physical harm;

(e) Attempting to compel or compelling the woman or her child to engage in conduct which

the woman or her child has the right to desist from or desist from conduct which the

woman or her child has the right to engage in, or attempting to restrict or restricting the

woman's or her child's freedom of movement or conduct by force or threat of force,

physical or other harm or threat of physical or other harm, or intimidation directed

against the woman or child. This shall include, but not limited to, the following acts

committed with the purpose or effect of controlling or restricting the woman's or her

child's movement or conduct:

(1) Threatening to deprive or actually depriving the woman or her child of

custody to her/his family;

(2) Depriving or threatening to deprive the woman or her children of financial

support legally due her or her family, or deliberately providing the woman's

children insufficient financial support;

(3) Depriving or threatening to deprive the woman or her child of a legal right;

(4) Preventing the woman in engaging in any legitimate profession, occupation,

business or activity or controlling the victim's own mon4ey or properties, or

solely controlling the conjugal or common money, or properties;

(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of

controlling her actions or decisions;

(g) 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;

(h) 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:

(1) Stalking or following the woman or her child in public or private places;

(2) Peering in the window or lingering outside the residence of the woman or

her child;

(3) Entering or remaining in the dwelling or on the property of the woman or

her child against her/his will;

(4) Destroying the property and personal belongings or inflicting harm to

animals or pets of the woman or her child; and

(5) Engaging in any form of harassment or violence;

(i) 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.

VAWC refers to “any act or a series of acts committed by any person against a woman

who is his wife, former wife, or against a woman with whom the person has or had a sexual or

dating relationship, or with whom he has a common child, or against her child whether legitimate

or illegitimate, within or without the family abode, which result in or is likely to result in

physical, sexual, psychological harm or suffering, or economic abuse including threats of such

acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is

not limited to, the following acts:

1. “Physical violence” refers to acts that include bodily or physical harm;

2. “Sexual violence” refers to an act which is sexual in nature, committed against a

woman or her child. It includes, but is not limited to:

a. rape, sexual harassment, acts of lasciviousness, treating a woman or her child

as a sex object, making demeaning and sexually suggestive remarks,

physically attacking the sexual parts of the victim’s body, forcing her/him to

watch obscene publications and indecent shows or forcing the woman or her

child to do indecent acts and/or make films thereof, forcing the wife and

mistress/lover to live in the conjugal home or sleep together in the same room

with the abuser;

b. acts causing or attempting to cause the victim to engage in any sexual activity

by force, threat of force, physical or other harm or threat of physical or other

harm or coercion;

3. “Psychological violence” refers to acts or omissions causing or likely to cause mental

or emotional suffering of the victim such as but not limited to intimidation,

harassment, stalking, damage to property, public ridicule or humiliation, repeated

verbal abuse and marital infidelity. It includes causing or allowing the victim to

witness the physical, sexual or psychological abuse of a member of the family to

which the victim belongs, or to witness pornography in any form or to witness

abusive injury to pets or to unlawful or unwanted deprivation of the right to custody

and/or visitation of common children.

4. “Economic abuse” refers to acts that make or attempt to make a woman financially

dependent. This includes but is not limited to the following:

a. withdrawal of financial support or preventing the victim from engaging in any

legitimate profession, occupation, business or activity, except in cases wherein

the other spouse/partner objects on valid, serious and moral grounds as

defined in Article 73 of the Family Code;

b. deprivation or threat of deprivation of financial resources and the right to the

use and enjoyment of the conjugal, community or property owned in common;

c. destroying household property;

d. controlling the victim’s own money or properties or solely controlling the

conjugal money or properties.

5. Children are those below 18 years of age or older but are incapable of taking care of

themselves (as stated in Republic Act 7610). It includes the biological children of the

victim and other children under her care.

6. A dating relationship is one which has a romantic involvement. It means that a

relationship existed between a woman and a partner who is abusive or has previously

abused her, whether or not the relationship was formal.

7. “Sexual relations” refer to a single sexual act which may or may not result to a

bearing of a child.

SECTION 6. Penalties.- The crime of violence against women and their children, under

Section 5 hereof shall be punished according to the following rules:

(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated

parricide or murder or homicide shall be punished in accordance with the provisions of the

Revised Penal Code.

If these acts resulted in mutilation, it shall be punishable in accordance with the Revised

Penal Code; those constituting serious physical injuries shall have the penalty of prison

mayor; those constituting less serious physical injuries shall be punished by prision

correccional; and those constituting slight physical injuries shall be punished by arresto

mayor.

Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower

than the prescribed penalty for the consummated crime as specified in the preceding

paragraph but shall in no case be lower than arresto mayor.

(b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;

(c) Acts falling under Section 5(e) shall be punished by prision correccional;

(d) Acts falling under Section 5(f) shall be punished by arresto mayor;

(e) Acts falling under Section 5(g) shall be punished by prision mayor;

(f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.

If the acts are committed while the woman or child is pregnant or committed in the

presence of her child, the penalty to be applied shall be the maximum period of penalty

prescribed in the section.

In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less

than One hundred thousand pesos (P100,000.00) but not more than three hundred

thousand pesos (300,000.00); (b) undergo mandatory psychological counseling or

psychiatric treatment and shall report compliance to the court.

SECTION 7. Venue.- The Regional Trial Court designated as a Family Court shall have

original and exclusive jurisdiction over cases of violence against women and their children

under this law. In the absence of such court in the place where the offense was committed,

the case shall be filed in the Regional Trial Court where the crime or any of its elements

was committed at the option of the compliant.

SECTION 8. Protection Orders.- A protection order is an order issued under this act for the

purpose of preventing further acts of violence against a woman or her child specified in

Section 5 of this Act and granting other necessary relief. The relief granted under a

protection order serve the purpose of safeguarding the victim from further harm,

minimizing any disruption in the victim's daily life, and facilitating the opportunity and

ability of the victim to independently regain control over her life. The provisions of the

protection order shall be enforced by law enforcement agencies. The protection orders that

may be issued under this Act are the barangay protection order (BPO), temporary

protection order (TPO) and permanent protection order (PPO). The protection orders that

may be issued under this Act shall include any, some or all of the following reliefs:

(a) Prohibition of the respondent from threatening to commit or committing, personally or

through another, any of the acts mentioned in Section 5 of this Act;

(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or

otherwise communicating with the petitioner, directly or indirectly;

(c) Removal and exclusion of the respondent from the residence of the petitioner,

regardless of ownership of the residence, either temporarily for the purpose of protecting

the petitioner, or permanently where no property rights are violated, and if respondent

must remove personal effects from the residence, the court shall direct a law enforcement

agent to accompany the respondent has gathered his things and escort respondent from the

residence;

(d) Directing the respondent to stay away from petitioner and designated family or

household member at a distance specified by the court, and to stay away from the

residence, school, place of employment, or any specified place frequented by the petitioner

and any designated family or household member;

(e) Directing lawful possession and use by petitioner of an automobile and other essential

personal effects, regardless of ownership, and directing the appropriate law enforcement

officer to accompany the petitioner to the residence of the parties to ensure that the

petitioner is safely restored to the possession of the automobile and other essential personal

effects, or to supervise the petitioner's or respondent's removal of personal belongings;

(f) Granting a temporary or permanent custody of a child/children to the petitioner;

(g) Directing the respondent to provide support to the woman and/or her child if entitled to

legal support. Notwithstanding other laws to the contrary, the court shall order an

appropriate percentage of the income or salary of the respondent to be withheld regularly

by the respondent's employer for the same to be automatically remitted directly to the

woman. Failure to remit and/or withhold or any delay in the remittance of support to the

woman and/or her child without justifiable cause shall render the respondent or his

employer liable for indirect contempt of court;

(h) Prohibition of the respondent from any use or possession of any firearm or deadly

weapon and order him to surrender the same to the court for appropriate disposition by

the court, including revocation of license and disqualification to apply for any license to use

or possess a firearm. If the offender is a law enforcement agent, the court shall order the

offender to surrender his firearm and shall direct the appropriate authority to investigate

on the offender and take appropriate action on matter;

(i) Restitution for actual damages caused by the violence inflicted, including, but not

limited to, property damage, medical expenses, childcare expenses and loss of income;

(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and

(k) Provision of such other forms of relief as the court deems necessary to protect and

provide for the safety of the petitioner and any designated family or household member,

provided petitioner and any designated family or household member consents to such

relief.

Any of the reliefs provided under this section shall be granted even in the absence of a

decree of legal separation or annulment or declaration of absolute nullity of marriage.

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.

SECTION 9. Who may file Petition for Protection Orders. – A petition for protection order

may be filed by any of the following:

(a) the offended party;

(b) parents or guardians of the offended party;

(c) ascendants, descendants or collateral relatives within the fourth civil degree of

consanguinity or affinity;

(d) officers or social workers of the DSWD or social workers of local government units

(LGUs);

(e) police officers, preferably those in charge of women and children's desks;

(f) Punong Barangay or Barangay Kagawad;

(g) lawyer, counselor, therapist or healthcare provider of the petitioner;

(h) At least two (2) concerned responsible citizens of the city or municipality where the

violence against women and their children occurred and who has personal knowledge of

the offense committed.

SECTION 10. Where to Apply for a Protection Order. – Applications for BPOs shall follow

the rules on venue under Section 409 of the Local Government Code of 1991 and its

implementing rules and regulations. An application for a TPO or PPO may be filed in the

regional trial court, metropolitan trial court, municipal trial court, municipal circuit trial

court with territorial jurisdiction over the place of residence of the petitioner: Provided,

however, That if a family court exists in the place of residence of the petitioner, the

application shall be filed with that court.

SECTION 11. How to Apply for a Protection Order. – The application

for a protection order must be in writing, signed and verified under oath by the applicant.

It may be filed as an independent action or as incidental relief in any civil or criminal case

the subject matter or issues thereof partakes of a violence as described in this Act. A

standard protection order application form, written in English with translation to the

major local languages, shall be made available to facilitate applications for protections

order, and shall contain, among other, the following information:

(a) names and addresses of petitioner and respondent;

(b) description of relationships between petitioner and respondent;

(c) a statement of the circumstances of the abuse;

(d) description of the reliefs requested by petitioner as specified in Section 8 herein;

(e) request for counsel and reasons for such;

(f) request for waiver of application fees until hearing; and

(g) an attestation that there is no pending application for a protection order in another

court.

If the applicants is not the victim, the application must be accompanied by an affidavit of

the applicant attesting to (a) the circumstances of the abuse suffered by the victim and (b)

the circumstances of consent given by the victim for the filling of the application. When

disclosure of the address of the victim will pose danger to her life, it shall be so stated in the

application. In such a case, the applicant shall attest that the victim is residing in the

municipality or city over which court has territorial jurisdiction, and shall provide a

mailing address for purpose of service processing.

An application for protection order filed with a court shall be considered an application for

both a TPO and PPO.

Barangay officials and court personnel shall assist applicants in the preparation of the

application. Law enforcement agents shall also extend assistance in the application for

protection orders in cases brought to their attention.

SECTION 12. Enforceability of Protection Orders. – All TPOs and PPOs issued under this

Act shall be enforceable anywhere in the Philippines and a violation thereof shall be

punishable with a fine ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand

Pesos (P50,000.00) and/or imprisonment of six (6) months.

SECTION 13. Legal Representation of Petitioners for Protection Order. – If the woman or

her child requests in the applications for a protection order for the appointment of counsel

because of lack of economic means to hire a counsel de parte, the court shall immediately

direct the Public Attorney's Office (PAO) to represent the petitioner in the hearing on the

application. If the PAO determines that the applicant can afford to hire the services of a

counsel de parte, it shall facilitate the legal representation of the petitioner by a counsel de

parte. The lack of access to family or conjugal resources by the applicant, such as when the

same are controlled by the perpetrator, shall qualify the petitioner to legal representation

by the PAO.

However, a private counsel offering free legal service is not barred from representing the

petitioner.

SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay

Protection Orders (BPOs) refer to the protection order issued by the Punong Barangay

ordering the perpetrator to desist from committing acts under Section 5 (a) and (b) of this

Act. A Punong Barangay who receives applications for a BPO shall issue the protection

order to the applicant on the date of filing after ex parte determination of the basis of the

application. If the Punong Barangay is unavailable to act on the application for a BPO, the

application shall be acted upon by any available Barangay Kagawad. If the BPO is issued

by a Barangay Kagawad the order must be accompanied by an attestation by the Barangay

Kagawad that the Punong Barangay was unavailable at the time for the issuance of the

BPO. BPOs shall be effective for fifteen (15) days. Immediately after the issuance of an ex

parte BPO, the Punong Barangay or Barangay Kagawad shall personally serve a copy of the

same on the respondent, or direct any barangay official to effect is personal service.

The parties may be accompanied by a non-lawyer advocate in any proceeding before the

Punong Barangay.

SECTION 15. Temporary Protection Orders. – Temporary Protection Orders (TPOs) refers

to the protection order issued by the court on the date of filing of the application after ex

parte determination that such order should be issued. A court may grant in a TPO any,

some or all of the reliefs mentioned in this Act and shall be effective for thirty (30) days.

The court shall schedule a hearing on the issuance of a PPO prior to or on the date of the

expiration of the TPO. The court shall order the immediate personal service of the TPO on

the respondent by the court sheriff who may obtain the assistance of law enforcement

agents for the service. The TPO shall include notice of the date of the hearing on the merits

of the issuance of a PPO.

SECTION 16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers to

protection order issued by the court after notice and hearing.

Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-

availability of his lawyer shall not be a ground for rescheduling or postponing the hearing

on the merits of the issuance of a PPO. If the respondents appears without counsel on the

date of the hearing on the PPO, the court shall appoint a lawyer for the respondent and

immediately proceed with the hearing. In case the respondent fails to appear despite

proper notice, the court shall allow ex parte presentation of the evidence by the applicant

and render judgment on the basis of the evidence presented. The court shall allow the

introduction of any history of abusive conduct of a respondent even if the same was not

directed against the applicant or the person for whom the applicant is made.

The court shall, to the extent possible, conduct the hearing on the merits of the issuance of

a PPO in one (1) day. Where the court is unable to conduct the hearing within one (1) day

and the TPO issued is due to expire, the court shall continuously extend or renew the TPO

for a period of thirty (30) days at each particular time until final judgment is issued. The

extended or renewed TPO may be modified by the court as may be necessary or applicable

to address the needs of the applicant.

The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A

PPO shall be effective until revoked by a court upon application of the person in whose

favor the order was issued. The court shall ensure immediate personal service of the PPO

on respondent.

The court shall not deny the issuance of protection order on the basis of the lapse of time

between the act of violence and the filing of the application.

Regardless of the conviction or acquittal of the respondent, the Court must determine

whether or not the PPO shall become final. Even in a dismissal, a PPO shall be granted as

long as there is no clear showing that the act from which the order might arise did not

exist.

SECTION 17. Notice of Sanction in Protection Orders. – The following statement must be

printed in bold-faced type or in capital letters on the protection order issued by the Punong

Barangay or court:

"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."

SECTION 18. Mandatory Period For Acting on Applications For Protection Orders – Failure

to act on an application for a protection order within the reglementary period specified in

the previous section without justifiable cause shall render the official or judge

administratively liable.

SECTION 19. Legal Separation Cases. – In cases of legal separation, where violence as

specified in this Act is alleged, Article 58 of the Family Code shall not apply. The court

shall proceed on the main case and other incidents of the case as soon as possible. The

hearing on any application for a protection order filed by the petitioner must be conducted

within the mandatory period specified in this Act.

SECTION 20. Priority of Application for a Protection Order. – Ex parte and adversarial

hearings to determine the basis of applications for a protection order under this Act shall

have priority over all other proceedings. Barangay officials and the courts shall schedule

and conduct hearings on applications for a protection order under this Act above all other

business and, if necessary, suspend other proceedings in order to hear applications for a

protection order.

SECTION 21. Violation of Protection Orders. – A complaint for a violation of a BPO issued

under this Act must be filed directly with any municipal trial court, metropolitan trial

court, or municipal circuit trial court that has territorial jurisdiction over the barangay

that issued the BPO. Violation of a BPO shall be punishable by imprisonment of thirty (30)

days without prejudice to any other criminal or civil action that the offended party may file

for any of the acts committed.

A judgement of violation of a BPO ma be appealed according to the Rules of Court. During

trial and upon judgment, the trial court may motu proprio issue a protection order as it

deems necessary without need of an application.

Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt

of court punishable under Rule 71 of the Rules of Court, without prejudice to any other

criminal or civil action that the offended party may file for any of the acts committed.

SECTION 22. Applicability of Protection Orders to Criminal Cases. – The foregoing

provisions on protection orders shall be applicable in impliedly instituted with the criminal

actions involving violence against women and their children.

SECTION 23. Bond to Keep the 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.

Should the respondent fail to give the bond as required, he shall be detained for a period

which shall in no case exceed six (6) months, if he shall have been prosecuted for acts

punishable under Section 5(a) to 5(f) and not exceeding thirty (30) days, if for acts

punishable under Section 5(g) to 5(I).

The protection orders referred to in this section are the TPOs and the PPOs issued only by

the courts.

SECTION 24. Prescriptive Period. – Acts falling under Sections 5(a) to 5(f) shall prescribe

in twenty (20) years. Acts falling under Sections 5(g) to 5(I) shall prescribe in ten (10) years.

SECTION 25. Public Crime. – Violence against women and their children shall be

considered a public offense which may be prosecuted upon the filing of a complaint by any

citizen having personal knowledge of the circumstances involving the commission of the

crime.

SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are found

by the courts to be suffering from battered woman syndrome do not incur any criminal

and civil liability notwithstanding the absence of any of the elements for justifying

circumstances of self-defense under the Revised Penal Code.

In the determination of the state of mind of the woman who was suffering from battered

woman syndrome at the time of the commission of the crime, the courts shall be assisted by

expert psychiatrists/ psychologists.

As defined in Section 3(c) of this Code, Battered Woman Syndrome"(BWS) refers to a

scientifically defined pattern of psychological and behavioral symptoms found in women living

in battering relationships as a result of cumulative abuse.

The Battered Women Syndrome concept was derived from the fact that when the wife is

being beaten up by her husband, the wife cannot equal the power of his husband. Thus, there is a

need for the wife to protect herself and her loved ones without incurring any criminal liability.

In order to justify the killing, the following elements shall be present:

1.) Each of the phases of the cycle of violence must be proved to have characterized at

least two battering episodes.

2.) The final acute battering episode preceding the killing of batterer must have

produced in the battered person’s mind an actual fear of an imminent harm from

batterer and an honest belief that she needed to use force in order to save her life.

3.) At the time of the killing , the batterer must have posed problemable-not necessarily

immediate and actual-grave harm to the accused based on the history of violence by

the former against the latter.18

18 Boado,L.(2007).Notes and Cases on Special Penal Laws. Quezon City: Rex Printing Company,Inc.

If the invocation of the self-defense fails, it gives rise to two mitigating circumstance :

a.) psychological paralysis or diminution of freedom to action, intelligence or intent

analogous to illness that diminishes exercise of will power without depriving her of

consciousness of her acts

b.) passion and obfuscation ,of having acted upon impulse so powerful as to have

naturally produced passion and obfuscation.

The two circumstances did not arise from the same set of facts. The first circumstance arose from

the cyclical nature and severity of batter. The second is from violent aggression he had inflicted

on her prior killing.19

In proving BWS the following evidence must be proved: (1) history of the abuse, (2)

economic and social situation of the woman, (3) the number and age of her children who are in

her care or inside the home, (4) the lack of access of the woman to support services, (5) that she

called for help in previous occasions, (6) what the neighbors or other family members inside the

home saw or heard, and (7) conduct and mental state of the accused woman immediately after

the act. Barangay officials must keep records of prior calls for help or of Barangay Protection

Orders issued against the husband or partner.20

As early as 1950 the theory of Battered Woman Syndrome as a justifying circumstance

had already been brought up, in the case of People v. Canja21, a man who had a gambling,

drinking and infidelity problem frequently beat up his lawful wife. One evening, while the man

was sleeping, his wife killed him, and confessed the crime to her daughter. Her confession

revealed that she was scared that if she did not kill her husband, he might kill her. The Court did

not appreciate the defense of the wife, stating that the cruelty of the husband is not a justification

to take away his life. In the separate opinion of Justice Marceliano Montemayor, he wrote that

the woman deserves executive clemency based on this justification: “The violence with which

the appellant killed her husband reveals the pent-up righteous anger and rebellion against years

of abuse, insult, and tyranny seldom heard of.”

19 Ibid. 20Guanzon, Maria.”Legal and Conceptual Framework of Battered Woman Syndrome as a defense” Retrieved: December 30, 2013 from:http://plj.upd.edu.ph/legal-and-conceptual-framework-of-battered-woman-syndrome-as-a-defense/ 21People v. Canja, G.R. No.L-2800, May 30, 1950.

Prior to the promulgation of R.A 9262, in the case People v. Genosa22, Battered Woman

is defined as one who is repeatedly subjected to any forceful physical or psychological behavior

by a man in order to coerce her to do something he wants her to do without concern for her

rights. Battered women include wives or women in any form of intimate relationship with men.

To be classified as such, the couple must go the battering cycle at least twice. 23

Battered women exhibit common personality traits, such as low esteem, traditional

beliefs about the home, the family and the female sex role; emotional dependence upon the

dominant male; the tendency to accept responsibility for the batterer’s action; and false hopes

that the relationship will improve.24

The Battered Woman Syndrome is characterized by three phases of “cycle of violence”:

1.) The tension-building phase

2.) The acute battering incident

3.) The tranquil, loving (or, at least, nonviolent) phase

During the Tension-Building phase, minor battering occurs-it could be verbal or slight

physical abuse or another form of hostile behaviour. The woman tries to pacify the batterer but

this placatory/passive behaviour legitimizes her belief that the man has the right to abuse her. At

some point, violence “spirals out of control” and leads to acute battering incident.25

The Acute Battering Incident is said to be characterized by brutality, destructiveness an,

sometimes, death. The battered woman deems this incident as unpredictable, yet inevitable. At

this stage, she has a sense of detachment from the attack and terrible pain. Acute battering

incidents are often very savage and out of control, that bystanders or intervenors likely to get

hurt.26

22 People v Genosa, G.R. No. 13591, January 15, 2004 2323 Boado,L.(2007).Notes and Cases on Special Penal Laws. Quezon City: Rex Printing Company, Inc. 24 Ibid. 25 People v Genosa, G.R. No. 13591, January 15, 2004 26 Ibid

The final phase of cycle of violence begins when the acute battering incident ends.

During this Tranquil Period, the couple experience profound relief. On the one hand, the batterer

may show a tender and nurturing behaviour towards his partner.27

The nature of the defense of the Battered Woman syndrome is a justifying circumstance.

Where the brutalized person suffering from the syndrome, further evidence of actual physical

assault at the time of the killing is not required. Incidents of domestic battery usually have a

predictable pattern. To require the battered person to await an obvious, deadly attack before she

can defend her life “would amount to sentencing her to ‘murder by installment’” Still impending

danger prior to the defendant’s use of deadly force must be shown. Threatening behavior or

communication can satisfy the required imminence of danger. Considering such circumstances

and the existence of the syndrome, self-defense may be appreciated.28

The law requires an expert testimony of a psychiatrist or psychologist to testify that the

woman is indeed suffering a Battered Woman Syndrome.

SECTION 27. Prohibited Defense. – Being under the influence of alcohol, any illicit drug,

or any other mind-altering substance shall not be a defense under this Act.

Mind altering substances are those which produce mood changes or distorted perceptions.

SECTION 28. Custody of children. – The woman victim of violence shall be entitled to the

custody and support of her child/children. Children below seven (7) years old older but

with mental or physical disabilities shall automatically be given to the mother, with right to

support, unless the court finds compelling reasons to order otherwise.

A victim who is suffering from battered woman syndrome shall not be disqualified from

having custody of her children. In no case shall custody of minor children be given to the

perpetrator of a woman who is suffering from Battered woman syndrome.

The legislators deemed it best for the interest of the children to be with their mother

rather than give them to the perpetrator who might cause them injury. The rule is not absolute.

27 Ibid 28 Boado,L.(2007).Notes and Cases on Special Penal Laws. Quezon City: Rex Printing Company,Inc.

The phrase “unless the court finds compelling reasons or otherwise” signifies that the Court may

grant the custody to other person as it deems it would be best for the interest of the children, such

as insanity of the mother or other circumstance that will show that the mother is not fit to be the

custodian of the children, but in no way that the batterer be the custodian of the children.

The provision is also consistent with Articles 102 (6) and129 (9) of the Family Code of

the Philippines. It states that children below the age of seven years are deemed to have chosen

the mother unless the court has decided otherwise.

SECTION 29. Duties of Prosecutors/Court Personnel. – Prosecutors and court personnel

should observe the following duties when dealing with victims under this Act:

a) communicate with the victim in a language understood by the woman or

her child; and

b) inform the victim of her/his rights including legal remedies available and

procedure, and privileges for indigent litigants.

The provision reiterates the right of a person to be informed in a language known to

him/her. The duty falls upon the prosecutors handling the case and to court personnel as well.

The Section 12 of the Rule on Violence against women and children issued by the

Supreme Court further adds the following duties to the clerk of court:

SEC. 12. Duties of the clerk of court. - The clerk of court shall assist the petitioner

or the offended party by:

(a) Communicating in a language understood by the petitioner;

(b) Providing the petitioner with a standard petition form written in English with

translation into the major local dialects, including the instructions for its

accomplishment;

(c) Ensuring the privacy of the offended party to the extent practicable while the

form is being accomplished;

(d) Advising the petitioner on the availability of legal assistance from the Public

Attorney's Office of the Department of Justice or any public legal assistance

office;

(e) Advising the petitioner on entitlement of support services from the DSWD and

LGUs;

(f) Advising the petitioner on the availability of an affidavit of indigency in lieu of

payment of the filing fee;

(g) Providing the offended party with a certified copy of the protection order as

well as giving the necessary information regarding the process for its service and

enforcement;

h) Making available informative materials on violence against women and their

children, including their rights as victims; and

(i) Informing the offended party that compensation is available from the

Department of Justice Board of Claims in accordance with the provisions of R.A.

No. 7309 (1992), otherwise known as "An Act Creating a Board of Claims Under

the Department of Justice for Victims of Unjust Imprisonment or Detention and

Victims of Violent Crime and For Other Purposes."29

The clerk of court may likewise advise the petitioner of the availability of assistance from

the Public Attorneys Office or other legal aid centers or half way houses.30

SECTION 30. Duties of Barangay Officials and Law Enforcers. – Barangay officials and law

enforcers shall have the following duties: 29 A.M. No. 04-10-11-SC 30 Aguilar, N. (2005). Law and Procedure on Rape, Sexual Harassment, and Violence Against Women and Children. Quezon City: Central Book Supply, Inc.

(a) respond immediately to a call for help or request for assistance or

protection of the victim by entering the necessary whether or not a protection

order has been issued and ensure the safety of the victim/s;

(b) confiscate any deadly weapon in the possession of the perpetrator or

within plain view;

(c) transport or escort the victim/s to a safe place of their choice or to a clinic

or hospital;

(d) assist the victim in removing personal belongs from the house;

(e) assist the barangay officials and other government officers and employees

who respond to a call for help;

(f) ensure the enforcement of the Protection Orders issued by the Punong

Barangay or the courts;

(g) arrest the suspected perpetrator without a warrant when any of the acts

of violence defined by this Act is occurring, or when he/she has personal

knowledge that any act of abuse has just been committed, and there is

imminent danger to the life or limb of the victim as defined in this Act; and

(h) immediately report the call for assessment or assistance of the DSWD,

social Welfare Department of LGUs or accredited non-government

organizations (NGOs).

Any barangay official or law enforcer who fails to report the incident shall be liable

for a fine not exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable criminal,

civil or administrative liability.

In the Supreme Court Issuance A.M. No. 04-10-11 i.e. Rule on Violence Against

Women, Section 18 par. 2 states that: The law enforcement officer shall submit a written report

to the court within twenty-four hours from receipt setting forth compliance with such order.

Section 30 is a very important article. It enumerates the duties of the barangay officials

and law enforcers and at the same time defines the scope of their power. The law enforcers have

the power to respond to the call of help of the victim and to enter premises where the victim is

located whether or not there is a protection order. Without this article, the law enforcers cannot

immediately respond to the call of help of the victim without first obtaining court order as they

may violate the constitutional right of the perpetrator. The law enforcers may also arrest the

perpetrator without a warrant but personal knowledge of the abuse is necessary and there must

also be an imminent danger to the life of the victim. The law enforcers also have the duty to

report to the court that the incident happened and failure of which imposes liability to the law

enforcers.

SECTION 31. Healthcare Provider Response to Abuse – Any healthcare provider, including,

but not limited to, an attending physician, nurse, clinician, barangay health worker,

therapist or counselor who suspects abuse or has been informed by the victim of violence

shall:

(a) properly document any of the victim's physical, emotional or

psychological injuries;

(b) properly record any of victim's suspicions, observations and

circumstances of the examination or visit;

(c) automatically provide the victim free of charge a medical certificate

concerning the examination or visit;

(d) safeguard the records and make them available to the victim upon

request at actual cost; and

(e) provide the victim immediate and adequate notice of rights and remedies

provided under this Act, and services available to them.

The following are health care providers, but not limited to:

1) Physician

2) Nurse

3) Clinician

4) Barangay health worker

5) Therapist

6) Counselor

The duties of the healthcare provider revolve around their responsibility to record the

injuries obtained by the victim and make them available to the victim.

SECTION 32. Duties of Other Government Agencies and LGUs – Other government

agencies and LGUs shall establish programs such as, but not limited to, education and

information campaign and seminars or symposia on the nature, causes, incidence and

consequences of such violence particularly towards educating the public on its social

impacts.

It shall be the duty of the concerned government agencies and LGU's to ensure the

sustained education training of their officers and personnel on the prevention of violence

against women and their children under the Act.

Government agencies must not only educate and inform but they must also make sure

that remedies are available to the victims.

SECTION 33. Prohibited Acts. – A Punong Barangay, Barangay Kagawad or the court

hearing an application for a protection order shall not order, direct, force or in any way

unduly influence he applicant for a protection order to compromise or abandon any of the

reliefs sought in the application for protection under this Act. Section 7 of the Family

Courts Act of 1997 and Sections 410, 411, 412 and 413 of the Local Government Code of

1991 shall not apply in proceedings where relief is sought under this Act.

Failure to comply with this Section shall render the official or judge administratively liable.

Section 7 of the Family Courts Act31 speaks of special provisional remedies such as

temporary custody of the children, support pende lite including deduction from salary and use of

conjugal home are not available where relief is being prayed for under R.A. 9262.

Sections 41032, 41133, 41234 and 41335 of the Local Government Code speak of amicable

settlement, conciliation and arbitrationwhich are prohibited under the Act.

SECTION 34. Persons Intervening Exempt from Liability. – In every case of violence against

women and their children as herein defined, any person, private individual or police

authority or barangay official who, acting in accordance with law, responds or intervenes

without using violence or restraint greater than necessary to ensure the safety of the victim,

shall not be liable for any criminal, civil or administrative liability resulting therefrom.

31Sec. 7. Special Provisional Remedies. - In cases of violence among immediate family members living in the same domicile or household, the Family Court may issue a restraining order against the accused of defendant upon

verified application by the complainant or the victim for relief from abuse.

The court may order the temporary custody of children in all civil actions for their custody. The court may also order support pendente lite, including deduction from the salary and use of conjugal home and other properties in all civil

actions for support.

32Section 410. Procedure for Amicable Settlement. -

(a) Who may initiate proceeding - Upon payment of the appropriate filing fee, any individual who has a cause of action against another individual involving any matter within the authority of the lupon may complain, orally or in

writing, to the lupon chairman of the barangay.

(b) Mediation by lupon chairman - Upon receipt of the complaint, the lupon chairman shall within the next working day summon the respondent(s), with notice to the complainant(s) for them and their witnesses to appear before him

for a mediation of their conflicting interests. If he fails in his mediation effort within fifteen (15) days from the first meeting of the parties before him, he shall forthwith set a date for the constitution of the pangkat in accordance with

the provisions of this Chapter.

(c) Suspension of prescriptive period of offenses - While the dispute is under mediation, conciliation, or arbitration, the prescriptive periods for offenses and cause of action under existing laws shall be interrupted upon filing the

complaint with the punong barangay. The prescriptive periods shall resume upon receipt by the complainant of the complainant or the certificate of repudiation or of the certification to file action issued by the lupon or pangkat

secretary: Provided, however, That such interruption shall not exceed sixty (60) days from the filing of the complaint with the punong barangay.

(d) Issuance of summons; hearing; grounds for disqualification - The pangkat shall convene not later than three (3) days from its constitution, on the day and hour set by the lupon chairman, to hear both parties and their witnesses,

simplify issues, and explore all possibilities for amicable settlement. For this purpose, the pangkat may issue summons for the personal appearance of parties and witnesses before it. In the event that a party moves to disqualify any

member of the pangkat by reason of relationship, bias, interest, or any other similar grounds discovered after the constitution of the pangkat, the matter shall be resolved by the affirmative vote of the majority of the pangkat whose

decision shall be final. Should disqualification be decided upon, the resulting vacancy shall be filled as herein provided for.

(e) Period to arrive at a settlement - The pangkat shall arrive at a settlement or resolution of the dispute within fifteen (15) days from the day it convenes in accordance with this section. This period shall, at the discretion of the

pangkat, be extendible for another period which shall not exceed fifteen (15) days, except in clearly meritorious cases

33Section 411. Form of settlement. - All amicable settlements shall be in writing, in a language or dialect known to the parties, signed by them, and attested to by the lupon chairman or the pangkat chairman, as the case may be. When

the parties to the dispute do not use the same language or dialect, the settlement shall be written in the language known to them.

34Section 412. Conciliation. -

(a) Pre-condition to Filing of Complaint in Court. - No complaint, petition, action, or proceeding involving any matter within the authority of the lupon shall be filed or instituted directly in court or any other government office for

adjudication, unless there has been a confrontation between the parties before the lupon chairman or the pangkat, and that no conciliation or settlement has been reached as certified by the lupon secretary or pangkat secretary as

attested to by the lupon or pangkat chairman or unless the settlement has been repudiated by the parties thereto.

(b) Where Parties May Go Directly to Court. - The parties may go directly to court in the following instances:

(1) Where the accused is under detention;

(2) Where a person has otherwise been deprived of personal liberty calling for habeas corpus proceedings;

(3) Where actions are coupled with provisional remedies such as preliminary injunction, attachment, delivery of personal property and support pendente lite; and

(4) Where the action may otherwise be barred by the statute of limitations.

(c) Conciliation among members of indigenous cultural communities. - The customs and traditions of indigenous cultural communities shall be applied in settling disputes between members of the cultural communities.

35Section 413. Arbitration. -

(a) The parties may, at any stage of the proceedings, agree in writing that they shall abide by the arbitration award of the lupon chairman or the pangkat. Such agreement to arbitrate may be repudiated within five (5) days from the date

thereof for the same grounds and in accordance with the procedure hereinafter prescribed. The arbitration award shall be made after the lapse of the period for repudiation and within ten (10) days thereafter.

(b) The arbitration award shall be in writing in a language or dialect known to the parties. When the parties to the dispute do not use the same language or dialect, the award shall be written in the language or dialect known to them.

Persons who ensure safety of the victim are exempt from criminal, civil or administrative

liability but the following elements must concur:

1) he must act to ensure the safety of the victim

2) he must act in accordance with the law

3) he must not act with violence or restraint greater than necessary

The third element means that as much as possible the person ensuring the safety of the victim

must not resort to violence as a means to save the victim but if violence is necessary to repel the

aggression of the perpetrator then the force applied must be reasonable.

SECTION 35. Rights of Victims. – In addition to their rights under existing laws, victims of

violence against women and their children shall have the following rights:

(a) to be treated with respect and dignity;

(b) to avail of legal assistance form the PAO of the Department of Justice

(DOJ) or any public legal assistance office;

(c) To be entitled to support services form the DSWD and LGUs'

(d) To be entitled to all legal remedies and support as provided for under the

Family Code; and

(e) To be informed of their rights and the services available to them including

their right to apply for a protection order.

SECTION 36. Damages. – Any victim of violence under this Act shall be entitled to actual,

compensatory, moral and exemplary damages.

Section 35 of the Rule on Violence Against Women and their Children36 states that:

36 A.M. 04-10-11

SEC. 35. Prosecution of civil action for damages. - The civil action for damages shall be

governed by the 1997 Rules of Civil Procedure. However, the offended party cannot recover the

same damages twice for the same act or omission.

The claim for damages to be recoverable must not only be capable of proof, but must be

actually proved with reasonable degree of certainty.It cannot be presumed. It cannot be based on

flimsy and non-substantial evidence or upon the speculation, conjecture or guesswork. Neither

do the trial court nor the appellate court is authorized to adopt its own knowledge as a basis for

the assessment must be based on the evidence submitted. Courts cannot give judgment for a

greater amount of damages than that actually proved.37

Evidence of actual and compensatory damages is likewise required in criminal cases. In

determining the amount of damages, the court must have take into consideration the factors

needed in the assessment of damages.38

In order that moral damages may be awarded, the amount of indemnity being left to the

discretion of the court, it nevertheless essential that the claimant satisfactorily proves the

existence of the factual basis of the damage and its causal relation to defendant’s acts. Among

the factors courts take into account in assessing moral damages are the professional, social,

political and financial standing of the offended party on one hand, and the business and the

financial position of the offender on the other hand.39

SECTION 37. Hold Departure Order. – The court shall expedite the process of issuance of a

hold departure order in cases prosecuted under this Act.

Hold Departure order(HDO) is an order issued by a competent authority preventing the

departure of a person named in the said order form going out of the country. HDO may be issued

37 Aguilar, N. (2005). Law and Procedure on Rape, Sexual Harassment, and Violence Against Women and Children. Quezon City: Central Book Supply, Inc.

38Aguilar, N. (2005). Law and Procedure on Rape, Sexual Harassment, and Violence Against Women and Children. Quezon City: Central Book Supply, Inc.

39Ibid

for the purpose of assuring that the perpetrator will not be able to escape liability by going

abroad.

SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. – If the victim is

an indigent or there is an immediate necessity due to imminent danger or threat of danger

to act on an application for a protection order, the court shall accept the application

without payment of the filing fee and other fees and of transcript of stenographic notes.

The provision is in accordance with the Constitutional mandate to provide legal

assistance to the underprivileged. It took into account the fact that majority of the abused women

and children come from economically depressed area. The provision mandates the court to

accept the petition without prepayment of the required fees even if the petitioner is not indigent if

there is an immediate necessity to act on the on the petition due to imminent danger or threat of

danger to the petitioner.It is noted that violence is sometimes committed during nighttime and its

unpredictability precludes the victims from immediately having the means to pay the fees

required in the filing of petition.40

SECTION 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-

VAWC). In pursuance of the abovementioned policy, there is hereby established an Inter-

Agency Council on Violence Against Women and their children, hereinafter known as the

Council, which shall be composed of the following agencies:

(a) Department of Social Welfare and Development (DSWD);

(b) National Commission on the Role of Filipino Women (NCRFW);

(c) Civil Service Commission (CSC);

(d) Commission on Human rights (CHR)

(e) Council for the Welfare of Children (CWC);

40 Aguilar, N. (2005). Law and Procedure on Rape, Sexual Harassment, and Violence Against Women and Children. Quezon City: Central Book Supply, Inc.

(f) Department of Justice (DOJ);

(g) Department of the Interior and Local Government (DILG);

(h) Philippine National Police (PNP);

(i) Department of Health (DOH);

(j) Department of Education (DepEd);

(k) Department of Labor and Employment (DOLE); and

(l) National Bureau of Investigation (NBI).

These agencies are tasked to formulate programs and projects to eliminate VAW based on

their mandates as well as develop capability programs for their employees to become more

sensitive to the needs of their clients. The Council will also serve as the monitoring body as

regards to VAW initiatives.

The Council members may designate their duly authorized representative who shall have a

rank not lower than an assistant secretary or its equivalent. These representatives shall

attend Council meetings in their behalf, and shall receive emoluments as may be

determined by the Council in accordance with existing budget and accounting rules and

regulations.

Section 39 requires the enumerated government agencies to form a council to be able to

assure that there will be projects and campaigns fighting the violence against women and their

children(VAWC) and to ensure that there will be programs implemented to raise awareness of

the effects of VAWC.

SECTION 40. Mandatory Programs and Services for Victims. – The DSWD, and LGU's

shall provide the victims temporary shelters, provide counseling, psycho-social services and

/or, recovery, rehabilitation programs and livelihood assistance.

The DOH shall provide medical assistance to victims.

SECTION 41. Counseling and Treatment of Offenders. – The DSWD shall provide

rehabilitative counseling and treatment to perpetrators towards learning constructive ways

of coping with anger and emotional outbursts and reforming their ways. When necessary,

the offender shall be ordered by the Court to submit to psychiatric treatment or

confinement.

The law mandates DSWD to provide for necessary programs, not only for the victims but

also for the perpetrator, for rehabilitation and counseling programs and to learn ways of coping

with anger and emotional outburst and reform their ways.

SECTION 42. Training of Persons Involved in Responding to Violence Against Women and

their Children Cases. –All agencies involved in responding to violence against women and

their children cases shall be required to undergo education and training to acquaint them

with:

a. the nature, extend and causes of violence against women and their

children;

b. the legal rights of, and remedies available to, victims of violence against

women and their children;

c. the services and facilities available to victims or survivors;

d. the legal duties imposed on police officers to make arrest and to offer

protection and assistance; and

e. techniques for handling incidents of violence against women and their

children that minimize the likelihood of injury to the officer and promote the

safety of the victim or survivor.

The PNP, in coordination with LGU's shall establish an education and training program

for police officers and barangay officials to enable them to properly handle cases of

violence against women and their children.

Law enforcers and persons who are responsible for responding to save the victim are

required to undergo training to acquaint themselves to all the necessary information, powers and

limitations of their power to be able to perform their job well and within the mandates of the law.

SECTION 43. Entitled to Leave. – Victims under this Act shall be entitled 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, extendible when the necessity arises as specified in

the protection order.

Any employer who shall prejudice the right of the person under this section shall be

penalized in accordance with the provisions of the Labor Code and Civil Service Rules and

Regulations. Likewise, an employer who shall prejudice any person for assisting a co-

employee who is a victim under this Act shall likewise be liable for discrimination.

Women employees, who are victims as defined in Republic Act No. 9262, otherwise

known as the Anti-Violence against Women and Their Children Law, are entitled to a leave of

up to ten (10) days with full pay. The said leave shall be extended when the need arises, as

specified in the protection order issued by the barangay or the court. The leave benefit shall

cover the days that the woman employee has to attend to medical and legal concerns.

In order to be entitled to the leave benefit, the only requirement is for the victim-

employee to present to her employer a certification from the barangay chairman (Punong

Barangay) or barangay councilor (barangay kagawad) or prosecutor or the Clerk of Court, as the

case may be, that an action relative to the matter is pending.

The usage of the ten-day leave shall be at the option of the woman employee. In the event that

the leave benefit is not availed of, it shall not be convertible into cash and shall not be

cumulative.41

SECTION 44. Confidentiality. – All records pertaining to cases of violence against women

and their children including those in the barangay shall be confidential and all public

officers and employees and public or private clinics to hospitals shall respect the right to 41N.A. “How to Avail Leave for Victims of Violence against Women and their Children”. Retrieved: January 3, 2014 from http://ndvlaw.com/how-to-avail-of-leave-for-victims-under-the-anti-violence-against-women-law/

privacy of the victim. Whoever publishes or causes to be published, in any format, the

name, address, telephone number, school, business address, employer, or other identifying

information of a victim or an immediate family member, without the latter's consent, shall

be liable to the contempt power of the court.

Any person who violates this provision shall suffer the penalty of one (1) year

imprisonment and a fine of not more than Five Hundred Thousand pesos (P500,000.00).

The law places a high premium on the privacy and confidentiality proceedings, hence, it

imposes a penalty of one year imprisonment and a fine of not more than Five Hundred Thousand

(P500,000) Pesos on those who publish or caused to be published, in any format, the name,

address, telephone number school, business address, employer or other identifying information

of the parties or an immediate family or household member, without the latter’s consent or

without the authority of the court.42

SECTION 45. Funding – The amount necessary to implement the provisions of this Act

shall be included in the annual General Appropriations Act (GAA).

The Gender and Development (GAD) Budget of the mandated agencies and LGU's shall be

used to implement services for victim of violence against women and their children.

SECTION 46. Implementing Rules and Regulations. – Within six (6) months from the

approval of this Act, the DOJ, the NCRFW, the DSWD, the DILG, the DOH, and the PNP,

and three (3) representatives from NGOs to be identified by the NCRFW, shall promulgate

the Implementing Rules and Regulations (IRR) of this Act.

SECTION 47. Suppletory Application – For purposes of this Act, the Revised Penal Code

and other applicable laws, shall have suppletory application.

SECTION 48. Separability Clause. – If any section or provision of this Act is held

unconstitutional or invalid, the other sections or provisions shall not be affected.

42 Aguilar, N. (2005). Law and Procedure on Rape, Sexual Harassment, and Violence Against Women and Children. Quezon City: Central Book Supply, Inc.

SECTION 49. Repealing Clause – All laws, Presidential decrees, executive orders and rules

and regulations, or parts thereof, inconsistent with the provisions of this Act are hereby

repealed or modified accordingly.

SECTION 50. Effectivity – This Act shall take effect fifteen (15) days from the date of its

complete publication in at least two (2) newspapers of general circulation.

III. CONCLUSION

The reforms in laws that provide protection to women and children were brought about by several factors

including the democratization process after the 1986 EDSA revolution and the rise of courageous

women’s group. The passage of Anti-Violence Against Women and Children (AVAWC) is one of the

successful results of such reforms. The creation of AVAWC also provided a leveled off playing field for

the protection of women and children’s wrlfare as to the other sectors of the society.

Springing from the highest law of the land, AVAWC is a concrete embodiment of important

constitutional provisions such as the fundamental equality before the law of women and children, the full

respect for human rights, and the duty of the state to protect working women by providing safe and

healthful working conditions. These provisions are enshrined in the Declaration of State Principles and

Policies as provided in Article II of the 1987 Constitution.

The state and legislative policy of the law also provide protection, special remedies, and benefits to

women and children who have been victim of violence and abuse. The Philippine law also recognizes the

generally accepted principles of international law as part of the law of the land such as Convention to

Eliminate all forms of Discrimination Against Women (CDAW), Committee on the Rights of the Child

and other conventions giving special protection to women and children.

The recognition of the successful passage AVAWC shall also be accorded to the persistent cooperation of

various women’s rights organizations and the women’s advocate in congress. While there is already a law

protecting women and children’s rights, the reality still shows that challenges and problems in its

implementation exist. It has also been said that the effectiveness of the law is only as good as its

implementation. The implementation of salient provisions of the law is the most critical part for the

women and children to feel the effectiveness of the law. Hence, without proper implementation of the

law, there could be no effective protection in its full sense to women and children.

To cite some of the challenges in the enforcement of the law, below are the common problems and gaps

that need to be addressed by the executive department:

• The law does not provide for appropriations, funding for training of implementers, and support

services for the women

• The corruption in the system still affects the implementation of the law

• There was also low level of gender sensitivity among the prosecutors

• Lack of understanding of the police officers who are not provided with proper orientation on

gender sensitivity such as lack of women’s and children’s desks

• Lack of quality gender sensitivity seminar for judges who are not family court judges

• Misuse of the law and rules by lawyers such as filing a retaliation suits against women who have

protection order

These common problems are few of the challenges in the effective implementation of the law on

AVAWC. Despite the existing problems, it shall be recognized that there are already progress and

continuous awareness efforts regarding the special protection for women and children. That alone is

already a milestone in the Philippine law with background on having discriminatory provisions both in

general and special law prior to the enactment of Anti-Violence Against Women and Children.