Law Summary
Declaration of Policy
- State values the dignity of women and children.
- Guarantees full respect for human rights.
- Protects family members, especially women and children, from violence.
- Aligns with Constitution and international human rights treaties.
Definition of Terms
- Violence includes physical, sexual, psychological harm, or economic abuse.
- Physical violence: bodily harm.
- Sexual violence: rape, harassment, forced sexual acts, prostitution.
- Psychological violence: intimidation, harassment, stalking, public humiliation.
- Economic abuse: financial deprivation or control.
- Other terms: Battery, Battered Woman Syndrome, Stalking, Dating relationship, Sexual relations, Safe place/shelter, Children.
Construction
- Law is to be liberally construed to protect victims.
Acts of Violence Against Women and Their Children
- Physical harm or threat.
- Control or restriction of movement or conduct.
- Deprivation of custody or financial support.
- Prevention from employment or control of properties.
- Acts causing mental or emotional distress, including stalking.
Penalties
- Punishments range from fines, imprisonment depending on severity.
- Maximum penalties if violence occurs during pregnancy or in presence of child.
- Mandatory psychological counseling for perpetrators.
Venue
- Family Court in Regional Trial Court has exclusive jurisdiction.
- If absent, other Regional Trial Courts have jurisdiction.
Protection Orders
- Includes Barangay Protection Order (BPO), Temporary Protection Order (TPO), Permanent Protection Order (PPO).
- Reliefs can restrict respondent’s movement, communication, possession of firearms, custody, support, and restitution.
- Enforced by law enforcement agencies.
Who may file Petition for Protection Orders
- Victims, relatives, social workers, police officers, Barangay officials, lawyers, and responsible citizens.
Where to Apply for Protection Order
- BPO: pursuant to local government territorial rules.
- TPO/PPO: courts with jurisdiction over petitioner’s residence.
How to Apply for Protection Order
- Written, signed, verified application.
- Includes descriptions of abuse, requested relief, and other relevant details.
- Assistance available from barangay, courts, law enforcement.
Enforceability of Protection Orders
- TPOs and PPOs enforceable nationwide.
- Violations punishable by fines and imprisonment.
Legal Representation of Petitioners
- Public Attorney’s Office provides counsel if victim lacks means.
- Private pro bono counsel not barred.
Barangay Protection Orders (BPOs)
- Issued by Punong Barangay or Barangay Kagawad ex parte.
- Effective for 15 days.
- Immediate service to respondent required.
Temporary Protection Orders (TPOs)
- Issued by courts ex parte on application day.
- Effective for 30 days, with hearing scheduled for PPO.
- Sheriff and law enforcement to serve respondent immediately.
Permanent Protection Orders (PPOs)
- Issued after notice and hearing.
- Court may proceed ex parte if respondent fails to appear.
- Effective until revoked.
- Provides multiple reliefs as necessary.
Notice of Sanction in Protection Orders
- Must state violation is punishable by law in bold or capital letters.
Mandatory Period for Acting on Applications
- Officials or judges failing to act without justifiable cause shall be administratively liable.
Legal Separation Cases
- Article 58 of Family Code does not apply if violence is alleged.
- Hearings on protection orders prioritized.
Priority of Application for Protection Orders
- Hearings prioritized over all other proceedings.
Violation of Protection Orders
- Violations of BPO punishable by 30 days imprisonment.
- Violations of TPO/PPO contempt of court under Rule 71.
Applicability of Protection Orders to Criminal Cases
- Protection orders apply also to criminal cases involving violence.
Bond to Keep the Peace
- Court may require bond with sureties.
- Failure to post bond results in detention.
Prescription Period
- Acts with physical violence: 20 years.
- Acts with other violence: 10 years.
Public Crime
- Violence against women treated as public offenses prosecutable by any citizen with knowledge.
Battered Woman Syndrome as Defense
- No criminal/civil liability if victim suffers from Battered Woman Syndrome.
- Courts assisted by experts to determine syndrome.
Prohibited Defense
- Influence of alcohol, drugs not a valid defense.
Custody of Children
- Victim entitled to custody and support.
- Children under 7 or disabled automatically with mother unless court decides otherwise.
- Victims with Battered Woman Syndrome not disqualified.
Duties of Prosecutors/Court Personnel
- Must communicate in language understood by victim.
- Inform victims of rights and remedies.
Duties of Barangay Officials and Law Enforcers
- Immediate response to calls for help.
- Confiscation of deadly weapons.
- Escort victims to safe places or medical facilities.
- Assist in removal of personal belongings.
- Enforce protection orders.
- Arrest without warrant if imminent danger.
- Report incidents for social assistance.
- Penalties for failure to report.
Healthcare Provider Response
- Document injuries and suspicions.
- Provide free medical certificates.
- Safeguard records.
- Inform victims of rights and services.
Duties of Other Government Agencies and LGUs
- Implement programs on education, training and awareness.
- Ensure sustained training of personnel.
Prohibited Acts
- No undue influence to compromise protection orders.
- Violation incurs administrative liability.
Persons Intervening Exempt from Liability
- Persons aiding victims without excessive force not liable.
Rights of Victims
- Right to respect, dignity, legal assistance, support services, information.
Damages
- Victims entitled to actual, compensatory, moral, and exemplary damages.
Hold Departure Order
- Court must expedite issuance in cases under the Act.
Exemption from Payment of Fees
- Indigent victims or urgent cases exempt from filing and other fees.
Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC)
- Composed of multiple government agencies.
- Formulates programs and monitors VAW initiatives.
- Agencies designate representatives with rank no lower than assistant secretary.
Mandatory Programs and Services for Victims
- Temporary shelters, counseling, rehabilitation, livelihood by DSWD and LGUs.
- Medical assistance by DOH.
Counseling and Treatment of Offenders
- Rehabilitative programs by DSWD.
- Court-ordered psychiatric treatment or confinement if necessary.
Training of Responding Personnel
- Mandatory training on nature of violence, rights, services, and handling techniques.
- PNP and LGUs to coordinate training.
Entitlement to Leave
- Victims entitled to 10 days paid leave, extendible as needed.
- Employer penalties for discrimination.
Confidentiality
- Records confidential; privacy respected.
- Unauthorized disclosure punishable by imprisonment and fines.
Funding
- Included in General Appropriations Act.
- Utilizes Gender and Development Budget of agencies and LGUs.
Implementing Rules and Regulations
- DOJ, NCRFW, DSWD, DILG, DOH, PNP, and NGOs to promulgate IRR within 6 months.
Suppletory Application
- Revised Penal Code and other laws apply suppletorily.
Separability Clause
- Invalidity of any part does not affect the rest.
Repealing Clause
- Inconsistent laws and regulations are repealed or modified.
Effectivity
- Law takes effect 15 days after publication in two newspapers of general circulation.