8/13/2019 What is RA 9262

1/4

What is RA no. 9262?RA 9262 is the Anti Violence against Women and their Children Act of 2004.It seeks to address the prevalence of violence against women and children(VAWC), abuses on women and their Children by their intimate partners like:

a. Husband/ Ex-Husbandb. Live-in partner / ex-live in partner

c. Boyfriend/girlfriend / ex boyfriend.ex-girlfriendd. Dating partner or ex-dating partner

Definition: (Sec 3)

Violence against women and their children - any act/ series of actscommitted by a 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 with; or With whom he has a common child; or Against her child ((legitimate, illegitimate, under her care and custody,

within or without in the family abode)

Which results in to;

-physical

-sexual-psychological harm or sufferingor-economic abuse

It includes:-threats of such acts,-battery assault,-coercion,-harassment or-arbitrary deprivation of liberty

Woman - refers to the following:

1. wife2. former wife3. one with whom the person has or had a dating or sexual

relationship4. one with whom he has a common child

Children are those below 18years or older but are incapable of takingcare of themselves as defined in RA 7610. It includes the biologicalchildren of the victim and other children under her care.

Dating relationship is a situation wherein the parties live as husbandand wife without a benefit of a marriage or are romantically involvedover time and on a continuing basis during the course of the

relationship.

Sexual relation refers to a single sexual act which may or may notresult in the bearing of a common child.

Physical violence refers to acts that include bodily or physical harm.

Sexual violence refers to an act which is sexual in nature, committedagainst a woman or her child.

Psychological violence refers to acts or omission causing or likely tocause mental or emotional suffering of the victim.

Economic abuse refers to acts that make or attempt to make a womanfinancially dependent.

Who are protected? Women Children of the abused woman (legitimate, illegitimate, under her care andcustody,within or without in the family abode)

ACTS PUNISHABLE: The crime of violence against women and their children is committed throughany of the following acts:

8/13/2019 What is RA 9262

2/4

1. causing physical harm 2. threatening to cause physical harm 3. attempting to cause physical harm 4. placing them in fear of imminent physical harm

5. Attempting to have the woman or her child do something they canrefuse to do , stop doing what they have the right to do, or restrict freedom ofmovement. Non-exclusive list:

A. threaten to deprive custody

B. threaten to deprive financial supportC. threaten to deprive a legal rightD. preventing woman from engaging in lawful

profession

6. Inflicting or threatening to inflict physical harm to control womansactions or decisions

7. Using force or intimidation to have the woman or child perform non-rape sexual activity

8. Acts that cause emotional or psychological distress to the woman or

her child. Ex: A. stalking B. peering or lingeringC. entering dwelling against their willD. destroying property or harming animals

or petsE. harassment or violence

9. Causing mental or emotional anguish , public ridicule , orhumiliation to the woman or her child.

*****Being under the influence of alcohol, any illicit drug, or any other mindaltering substance BE SHALL NOT A DEFENSE UNDER THIS ACT (Sec 27)

Venue(sec 7)RTC

in the absence of such court IN THE PLACE WHERE THE OFFENSE WASCOMMITTED.

BATTERED WOMAN SYNDROMEA defined pattern of psychological and behavioral symptoms

found in women living in battering relationships as a result of cumulativeabuse.

Who is a battered woman?She is a woman who is repeatedly subjected to any forceful physical orpsychological behaviour by a man in order to coerce her to do something hewants her to do without concern for her rights.

******Battered women includes wives or women in any form of intimaterelationship with men.

Furthermore, in order to be classified as a battered woman, the couple must gothrough the battering cycle at least TWICE . Any woman may find herself in an

8/13/2019 What is RA 9262

3/4

abusive relationship with a man once. If it occurs a second time, and sheremains in the situation, she is defined as a battered woman. ( People v.Genosa, G.R. No. 135981, Jan. 15, 2004)

Elements of self defense arising from battered woman syndrome: a) Each of the phases of the cycle of violence must be proven to have

characterized at least two battering episodes between the appellant and her intimatepartner.

b) The final acute battering episode preceding the killing of the batterermust have produced in the battered person's mind an actual fear of an imminent harm

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

c) At the time of the killing, the batterer must have posed probable--notnecessarily immediate and actual--grave harm to the accused, based on the history of

violence perpetrated by the former against the latter. Can BWS be used as a defense?Yes. Victim survivors who are found by the courts to be suffering frombattered woman syndrome do not incur any criminal or civil liabilitynotwithstanding the absence of any of the elements for justifyingcircumstances of self defense under the RPC.

In laymans terms, if an abused woman kills or inflict physical injuries on herabusive husband or live in partner, once the trial court determines that she issuffering from the Battered Woman Syndrome, the court will declare her notguilty (People v.Genosa)Protection Orders (sec 8)

It is issued in order to prevent further acts of violence against awoman and her child.

KINDS OF PROTECTION ORDER1. BARANGAY PROTECTION ORDER (BPO) ( Sec 14)2. TEMPORARY PROTECTION ORDER (TPO)( Sec 15 ) 3. PERMANENT PROTECTION ORDER (PPO) (Sec 16)Who may file Petition for Protection Orders?

Offended party; Parents or guardian of the offended party; Ascendants, descendants, or collateral relatives within the fourth civil

degree of consanguinity of affinity; Officers of social workers of the DSWD or social workers of LGUs; Police fficers preferably those in charge of women and childrens desk Punong barangay or Barangay Kagawad; Lawyer, counselor, therapist or health care provider of the petitioner; Atleast two (2) concerned responsible citizens of the city or municipality

where the violence against women and their children occured and whohas personal knowledge of the offense committed.

*******If the applicant is not the victim , the applicationmust be accompanied by an affidavit of the applicant attesting to:1. The circumstances of the abuse suffered by the victim.2. The circumstances of consent given by the victim to file such application.WHERE TO APPLY FOR A PROTECTION ORDER BPO- in the Barangay where the parties reside or where the respondentresides.TPO and PPO - in the Family Court where the petitioner resides. If none, in theRTC, MeTC, MTCC, MTC or MCTC where the petitioner resides.What if the female victim commits violence against her partner?

The law acknowledges that women who retaliated against their parents pr whocommit violence as a form of self-defense may have suffered from BWS.Any victim who suffers from BWS should be diagnsosed by a psychiatric

expert/ a clinical psychologist. This will also help the victim in obtaining a justdecision in her case.

The law does not allow he offender to have custody of minor children. Theircare is still entrusted to the woman even if she is found to have BWS.What if the male spouse/ partner complain about abuses committed by hiswife/partner?He may file a complaint or case under the RPC.

Penalties for committing VAWC:If the courts have proven that the offender is guilty of the crime, he may beimprisoned and will be obliged to pay P100,000 to 300,000 in damages. Thelength of imprisonment depends on the gravity of the crime.

The offender is also obliged to undergo psychological counselling or psychiatrictreatment.

8/13/2019 What is RA 9262

4/4

Being drunk or under the influence of Prohibited drugs cannot be taken as anexcuse for committing VAW.