QuestionsQuestions (DOH ADMINISTRATIVE ORDER NO. 2010-0008)
The short title is the “Anti-Violence Against Women and Their Children Act of 2004.” The State policy is to value the dignity of women and children, guarantee full respect for human rights, protect the family, and exert efforts to address violence against women and children in line with the Constitution and international human rights instruments.
It covers acts by any person against a woman who is the offender’s wife, former wife, or a woman with whom the person has/had a sexual or dating relationship, or with whom he has a common child, as well as against her child (legitimate or illegitimate), within or without the family abode—resulting in (or likely to result in) physical, sexual, psychological harm or suffering, or economic abuse.
Physical violence involves bodily/physical harm; sexual violence includes acts of a sexual nature committed against a woman or her child (e.g., rape, sexual harassment, acts of lasciviousness, coercion into sexual activity, forcing indecent acts/films, and prostitution); psychological violence covers acts or omissions causing mental/emotional suffering (e.g., intimidation, harassment, stalking, humiliation, repeated verbal abuse, and causing the victim to witness abuse/pornography or abusive injury to pets); economic abuse includes acts making or attempting to make the woman financially dependent (e.g., withdrawal of financial support, preventing her from working, deprivation/threat of deprivation of financial resources, destroying household property, controlling her money/properties or conjugal/community funds).
Stalking is an intentional act committed by a person who knowingly and without lawful justification follows the woman or her child, or places them under surveillance directly or indirectly, or both.
It refers to parties living as husband and wife without the benefit of marriage or being romantically involved over time on a continuing basis. A casual acquaintance or ordinary socialization in business or social context is not a dating relationship.
They include: causing/threatening/attempting physical harm; placing in fear of imminent physical harm; compelling/restricting the victim’s conduct or movement through force/threat of force/harm/intimidation (including threats involving custody, financial support, legal rights, employment, and controlling money/properties, and inflicting threats of self-harm); causing/attempting sexual activity not constituting rape by force/threat of force/harm/intimidation/coercion; engaging in conduct that alarms or causes substantial emotional/psychological distress (e.g., stalking, peering, entering/remaining in dwelling/property, destroying property/ harming pets, harassment/violence); and causing mental/emotional anguish, public ridicule/humiliation, including repeated verbal/emotional abuse and denial of financial support or custody/access.
Penalties vary by category. Acts falling under Section 5(a) that constitute certain serious crimes are punished under the Revised Penal Code with corresponding adjustments depending on the injury level; other subsections have specific penalty terms (e.g., Section 5(b) generally two degrees lower than the consummated crime penalty but not lower than arresto mayor; Sections 5(c) and 5(d) punishable by arresto mayor; Section 5(e) by prision correccional; Section 5(f) by arresto mayor; Section 5(g) by prision mayor; Section 5(h) and 5(i) by prision mayor).
The penalty to be applied is the maximum period of the penalty prescribed in the relevant section.
In addition to imprisonment, the perpetrator must pay a fine of not less than P100,000 and not more than P300,000, and undergo mandatory psychological counseling or psychiatric treatment with reporting of compliance to the court.
The Regional Trial Court designated as a Family Court has original and exclusive jurisdiction. If no such court exists where the offense was committed, the case may be filed in the RTC where the crime or any of its elements was committed, at the complainant’s option.
They are Barangay Protection Order (BPO), Temporary Protection Order (TPO), and Permanent Protection Order (PPO). A BPO is issued by the Punong Barangay (or available Barangay Kagawad) ex parte upon filing, effective for 15 days, covering acts under Section 5(a) and 5(b). A TPO is issued by the court on the date of filing after ex parte determination, effective for 30 days. A PPO is issued by the court after notice and hearing and remains effective until revoked by a court.
The offended party; parents/guardians; ascendants/descendants/collateral relatives within the fourth civil degree; DSWD officers/social workers or social workers of LGUs; police officers preferably in charge of women and children’s desks; Punong Barangay or Barangay Kagawad; lawyer/counselor/therapist/healthcare provider of petitioner; and at least two concerned responsible citizens with personal knowledge.
It must be in writing, signed and verified under oath. It may be an independent action or incidental relief in a related civil or criminal case. It uses a standard application form and must include required details (names/addresses, relationship, circumstances, requested reliefs, request for counsel, reasons for fee waiver until hearing, and an attestation of no pending application in another court). If not filed by the victim, it must include an affidavit of circumstances and victim’s consent for filing; address disclosure must be handled to avoid danger to the victim.
TPOs and PPOs are enforceable anywhere in the Philippines. Violation is punishable with a fine of P5,000 to P50,000 and/or imprisonment of six months.
A complaint for violation of a BPO must be filed directly with the proper MTC/MTC/MCTC with territorial jurisdiction over the barangay that issued it. Violation of a BPO is punishable by imprisonment of 30 days, without prejudice to other criminal or civil actions.
Acts falling under Section 5(a) to 5(f) prescribe in 20 years; acts under Section 5(g) to 5(i) prescribe in 10 years.
If courts find the victim-survivor suffers from battered woman syndrome, she incurs no criminal and civil liability notwithstanding absence of elements for justifying circumstances of self-defense under the Revised Penal Code. Expert psychiatrists/psychologists assist in determining the state of mind at the time of commission.