Question & AnswerQ&A (Republic Act No. 9262)
Republic Act No. 9262 is known as the "Anti-Violence Against Women and Their Children Act of 2004."
It refers to any act or 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, causing or likely to cause physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.
Physical violence, sexual violence, psychological violence, and economic abuse.
The offended party; their parents or guardians; relatives within the fourth degree of consanguinity or affinity; social workers; police officers; barangay officials; lawyers or healthcare providers; and at least two concerned responsible citizens with personal knowledge of the offense.
The Regional Trial Court designated as a Family Court has original and exclusive jurisdiction. In absence of such court, cases may be filed in the Regional Trial Court where the crime or its elements occurred.
Penalties vary depending on the gravity of the act from arresto mayor to prision mayor, fines from Php100,000 to Php300,000, and mandatory psychological counseling or treatment.
A TPO is effective for 30 days after issuance and is meant to prevent further violence while a Permanent Protection Order (PPO) is pending.
Violation of BPOs is punishable by imprisonment of 30 days and fines; violation of TPOs and PPOs constitutes contempt of court and may have additional penalties.
Victims have the right to be treated with respect and dignity; to legal assistance; to support services; to all legal remedies under the Family Code; and to be informed of their rights and available services.
They must respond immediately to calls for help, confiscate deadly weapons, escort victims to safe places or hospitals, enforce protection orders, arrest perpetrators without a warrant if necessary, and report incidents to appropriate agencies.
It is a psychological and behavioral pattern in women living in battering relationships; victims suffering from it are exempt from criminal or civil liability despite the absence of justifying self-defense circumstances.
Custody of children, especially those below seven years or with disabilities, is preferably granted to the woman victim unless there are compelling reasons to the contrary, and perpetrators who batter women suffering from Battered Woman Syndrome cannot be given custody.
Agencies including the DSWD, NCRFW, CSC, CWC, DOJ, DILG, PNP, DOH, DepEd, DOLE, and NBI who collectively formulate programs and monitor VAW initiatives.
All records pertaining to cases are confidential. Publishing identifying information about victims without consent is punishable by imprisonment of one year and a fine up to Php500,000.