Anti-Violence Against Women and Children Act

Policy, intent, and liberal construction

Section 2 declares State policy to value the dignity of women and children and guarantee full respect for human rights.
Section 2 recognizes the need to protect the family and its members—particularly women and children—from violence and threats to personal safety and security.
Section 2 commits the State to address violence against women and children consistent with constitutional freedoms and international human rights instruments binding on the Philippines.
Section 4 requires liberal construction to promote victim protection and safety.

Key definitions under the law

Section 3 defines “Violence against women and their children” as 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
- a woman with whom the person has a common child; or
- the woman’s 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, including threats of such acts, battery, assault, coercion, harassment, or arbitrary deprivation of liberty.
Section 3 defines “Physical violence” as acts that include bodily or physical harm.
Section 3 defines “Sexual violence” to include, among others: rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, demeaning sexually suggestive remarks, physically attacking sexual parts of the victim’s body, forcing the victim to watch obscene publications and indecent shows, forcing the woman or her child to do indecent acts and/or make films thereof, and forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser.
Section 3 defines “Psychological violence” to include acts or omissions causing or likely to cause mental or emotional suffering such as intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity, and causing the victim to witness physical, sexual, or psychological abuse, to witness pornography, or to witness abusive injury to pets, or to suffer unlawful/unwanted deprivation of custody and/or visitation rights.
Section 3 defines “Economic abuse” to include acts that make or attempt to make a woman financially dependent, including withdrawal of financial support or preventing legitimate work except when the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code, deprivation/threat of deprivation of financial resources, deprivation/threat of use and enjoyment of conjugal/community property or property owned in common, destroying household property, controlling the victim’s money/properties, or solely controlling the conjugal/common money/properties.
Section 3 defines “Battery” as inflicting physical harm upon the woman or her child resulting in physical and psychological/emotional distress.
Section 3 defines “Battered Woman Syndrome” as a scientifically defined pattern of psychological and behavioral symptoms in women living in battering relationships from cumulative abuse.
Section 3 defines “Stalking” as an intentional act of following or placing a woman or her child under surveillance directly or indirectly (or both) knowingly and without lawful justification.
Section 3 defines “Dating relationship” as living as husband and wife without marriage or being romantically involved on a continuing basis over time; casual acquaintance or ordinary socialization in a business or social context is not a dating relationship.
Section 3 defines “Sexual relations” as a single sexual act which may or may not result in bearing a common child.
Section 3 defines “Safe place or shelter” as any home or institution maintained/managed by DSWD or other DSWD-accredited agency/voluntary organization for temporarily receiving the victim who is willing to receive the victim.
Section 3 defines “Children” as those below 18 years of age, or those 18 years or older but incapable of taking care of themselves as defined under Republic Act No. 7610; it includes biological children of the victim and other children under her care.

Coverage and acts that constitute violence

Section 5 establishes that the crime of violence against women and their children is committed through any of the acts enumerated in Section 5(a) through Section 5(i).
Section 5(a) criminalizes causing physical harm to the woman or her child; threatening to cause physical harm; attempting to cause physical harm; and placing the woman or her child in fear of imminent physical harm.
Section 5(a) criminalizes attempting to compel or compelling the woman or her child to engage in conduct she has the right to desist from, or restricting her or the 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.
Section 5(a) includes controlling or restricting movement/conduct by enumerated examples such as custody threats/actual deprivation, financial support deprivation/threats, deprivation of legal rights, preventing legitimate work or controlling money/property, and inflicting/threatening self-harm for control.
Section 5(b) criminalizes causing or attempting to cause the woman or her child to engage in sexual activity that does not constitute rape by force or threat of force, physical harm, or intimidation directed against the woman or her child or the immediate family.
Section 5(c) and Section 5(d) criminalize engaging in purposeful/knowing/reckless conduct that alarms or causes substantial emotional or psychological distress, including stalking/following, peering or lingering, entering or remaining in the dwelling or property against will, destroying property/personal belongings, harming pets, and any form of harassment or violence.
Section 5(e) and Section 5(i) cover causing mental or emotional anguish, public ridicule or humiliation, including repeated verbal and emotional abuse and denial of financial support or custody/access to common minor children.
Section 4 directs that the Act must be liberally construed to protect and secure victim safety.

Criminal penalties and additional sanctions

Section 6 provides that acts under Section 5 are punished based on the category:
- Acts under Section 5(a) that constitute attempted, frustrated or consummated parricide or murder or homicide are punished under the Revised Penal Code; if there is mutilation, punishment follows the Revised Penal Code; serious physical injuries carry prison mayor; less serious physical injuries carry prision correccional; slight physical injuries carry arresto mayor.
- Acts under Section 5(b) carry imprisonment two degrees lower than the prescribed penalty for the consummated crime, but not lower than arresto mayor.
- Acts under Section 5(c) and 5(d) carry arresto mayor.
- Acts under Section 5(e) carry prision correccional.
- Acts under Section 5(f) carry arresto mayor.
- Acts under Section 5(g) carry prision mayor.
- Acts under Section 5(h) and Section 5(i) carry prision mayor.
Section 6 mandates that if the acts are committed while the woman or child is pregnant, or committed in the presence of her child, the penalty applied is the maximum period prescribed in the relevant section.
Section 6 requires in addition to imprisonment that the perpetrator must pay a fine of not less than PHP 100,000.00 but not more than PHP 300,000.00.
Section 6 requires mandatory psychological counseling or psychiatric treatment and report compliance to the court.

Venue, prescription, public offense, defenses

Section 7 grants original and exclusive jurisdiction to the Regional Trial Court designated as a Family Court over cases of violence against women and their children.
Section 7 provides that where there is no family court in the place where the offense was committed, the case is filed in the Regional Trial Court where the crime or any element was committed, at the option of the complainant.
Section 24 provides prescription periods:
- Acts under Section 5(a) to 5(f) prescribe in 20 years.
- Acts under Section 5(g) to 5(i) prescribe in 10 years.
Section 25 declares violence against women and their children a public offense, prosecutable upon a complaint filed by any citizen having personal knowledge of the circumstances.
Section 26 provides that victim-survivors found by the courts to be suffering from battered woman syndrome incur no criminal and civil liability notwithstanding the absence of elements for justifying circumstances of self-defense under the Revised Penal Code.
Section 26 directs that courts determine the victim’s state of mind with assistance of expert psychiatrists/psychologists.
Section 27 prohibits as a defense being under the influence of alcohol, any illicit drug, or any other mind-altering substance.

Protection orders and enforcement system

Section 8 establishes protection orders to prevent further acts of violence and to grant necessary relief to safeguard the victim from further harm, minimize disruption in daily life, and facilitate independent regaining of control over life.
Section 8 provides that reliefs under a protection order are enforced by law enforcement agencies and may include any, some, or all of the following:
- Prohibit the respondent from threatening or committing acts under Section 5.
- Prohibit harassing, annoying, telephoning, contacting, or communicating with the petitioner directly or indirectly.
- Remove and exclude the respondent from the petitioner’s residence regardless of ownership, temporarily or permanently where no property rights are violated; if personal effects must be removed, the court directs a law enforcement agent to accompany and escort.
- Direct the respondent to stay away at a distance specified by the court from the petitioner and designated family/household members, and to stay away from the residence, school, place of employment, or other specified places frequented by the petitioner and designated family/household members.
- Direct lawful possession and use by petitioner of an automobile and other essential personal effects regardless of ownership, and direct law enforcement to ensure safe restoration or supervise removal of personal belongings.
- Grant temporary or permanent custody of the child/children to the petitioner.
- Order support to the woman and/or her child if entitled; order an appropriate percentage of the respondent’s income/salary withheld by the employer and automatically remitted to the woman; failure or delay in withholding/remitting without justifiable cause renders respondent or employer liable for indirect contempt of court.
- Prohibit use/possession of any firearm or deadly weapon and order surrender to the court for disposition, including revocation of license and disqualification to apply for firearm license; if offender is a law enforcement agent, order surrender and direct investigation and appropriate action.
- Order restitution for actual damages including property damage, medical expenses, childcare expenses, and loss of income.
- Direct DSWD or any appropriate agency to provide the petitioner what she may need.
- Provide other necessary relief the court deems necessary to protect the petitioner and any designated family or household member, subject to petitioner’s consent.
Section 8 provides that protection order reliefs may be granted even without a decree of legal separation, annulment, or declaration of absolute nullity of marriage.
Section 8 provides that the issuance or pendency of a Barangay Protection Order (BPO) does not preclude applying for, or granting of, a Temporary Protection Order (TPO) or Permanent Protection Order (PPO).
Section 9 authorizes filing of protection order petitions by the offended party; parents/guardians; ascendants/descendants/collateral relatives within the fourth civil degree; DSWD officers/social workers and LGU social workers; police officers preferably in charge of women and children desks; Punong Barangay or Barangay Kagawad; lawyers/counselors/therapists/healthcare providers of the petitioner; and at least two (2) concerned responsible citizens with personal knowledge of the offense.
Section 10 governs venue:
- BPO applications follow venue rules under Section 409 of the Local Government Code of 1991 and its implementing rules.
- TPO/PPO applications may be filed in the regional trial court, metropolitan trial court, municipal trial court, or municipal circuit trial court with territorial jurisdiction over the petitioner’s residence.
- If a family court exists in the petitioner’s place of residence, the application is filed with that court.
Section 11 requires how to apply:
- The application must be in writing, signed, and verified under oath.
- It may be an independent action or an incidental relief in any civil or criminal case where the subject matter involves violence under the Act.
- A standard protection order application form in English with translation to major local languages must be made available and must contain: names and addresses of petitioner and respondent; relationship description; circumstances of abuse; reliefs requested; request for counsel and reasons; request for waiver of application fees until hearing; and an attestation that no pending application for a protection order exists in another court.
- If the applicant is not the victim, the application must be accompanied by an affidavit attesting to (a) circumstances of abuse suffered and (b) the victim’s consent for filing; if disclosure of the victim’s address poses danger, the applicant must state the victim resides in the municipality/city under the court’s territorial jurisdiction and must provide a mailing address for service processing.
- A protection order application filed with a court is deemed an application for both TPO and PPO.
- Barangay officials and court personnel must assist in preparation; law enforcement must also assist in cases brought to their attention.
Section 12 provides enforceability:
- All TPOs and PPOs issued under the Act are enforceable anywhere in the Philippines.
- Violation is punishable by a fine ranging from PHP 5,000.00 to PHP 50,000.00 and/or imprisonment of six (6) months.
Section 13 provides legal representation:
- If the woman or her child requests counsel because of lack of economic means, the court must immediately direct PAO to represent the petitioner in the hearing.
- If PAO determines she can afford counsel de parte, PAO facilitates representation by counsel de parte.
- Lack of access to family/conjugal resources controlled by the perpetrator qualifies for PAO representation.
- Private counsel offering free legal service is not barred from representing the petitioner.
Section 14 governs BPO issuance:
- A BPO orders the perpetrator to desist from acts under Section 5(a) and 5(b).
- The Punong Barangay must issue a BPO on the date of filing after ex parte determination.
- If the Punong Barangay is unavailable, any available Barangay Kagawad acts; if issued by a Barangay Kagawad, it must include an attestation that the Punong Barangay was unavailable at issuance time.
- BPOs are effective for 15 days.
- The Punong Barangay or Barangay Kagawad must personally serve the BPO on the respondent immediately after issuance or direct barangay officials to do personal service.
- Parties may be accompanied by a non-lawyer advocate in proceedings before the Punong Barangay.
Section 15 governs TPO issuance:
- A TPO is issued by the court on the date of filing after ex parte determination.
- A court may grant any, some, or all reliefs under the Act.
- A TPO is effective for 30 days.
- The court must schedule a hearing for issuance of a PPO prior to or on TPO expiration.
- The court sheriff must order immediate personal service of the TPO on the respondent with possible assistance of law enforcement.
- The TPO includes notice of the hearing date on the merits of PPO issuance.
Section 16 governs PPO issuance:
- PPO issuance is after notice and hearing.
- Respondent’s non-appearance despite proper notice, lack of a lawyer, or lawyer non-availability is not a ground to reschedule or postpone.
- If the respondent appears without counsel, the court appoints counsel and proceeds.
- If respondent fails to appear despite proper notice, the court allows ex parte presentation of evidence and renders judgment based on presented evidence.
- The court allows introduction of any history of abusive conduct of the respondent even if not directed against the applicant or designated person.
- The court must conduct the merits hearing in one (1) day to the extent possible.
- If unable to complete the one-day hearing and the TPO will expire, the court must continuously extend or renew the TPO for 30 days at each time until final judgment.
- Extended/renewed TPO may be modified as necessary to address applicant needs.
- A PPO may grant any, some, or all reliefs under Section 8.
- A PPO remains effective until revoked by a court upon application by the person in whose favor it was issued.
- The court ensures immediate personal service of the PPO on the respondent.
- The court must not deny issuance based on lapse of time between violence and filing.
- Regardless of conviction or acquittal, the court must determine whether the PPO becomes final; even after dismissal, a PPO is granted unless there is clear showing that the act from which the order might arise did not exist.
Section 17 requires a printed sanction notice on protection orders in bold or capital letters: “Violation of this order is punishable by law.”
Section 18 imposes administrative liability:
- Failure to act on an application for a protection order within the reglementary period specified in the Act without justifiable cause makes the official or judge administratively liable.
Section 19 addresses legal separation cases:
- In legal separation cases where violence under the Act is alleged, Article 58 of the Family Code does not apply.
- The court must proceed on the main case and incidents as soon as possible.
- The hearing on any protection order application must be conducted within the mandatory period specified in the Act.
Section 20 requires priority:
- Ex parte and adversarial hearings to determine the basis of protection order applications take priority over all other proceedings.
- Barangay officials and courts must schedule hearings above all other business and suspend other proceedings if necessary.
Section 21 penalizes violations:
- A BPO violation complaint must be filed directly with any municipal trial court, metropolitan trial court, or municipal circuit trial court with territorial jurisdiction over the issuing barangay.
- BPO violation is punishable by imprisonment of 30 days, without prejudice to any other criminal or civil action.
- A BPO violation judgment may be appealed under the Rules of Court.
- During trial and upon judgment, the trial court may issue protection orders it deems necessary motu proprio without need of an application.
- Violation of any TPO or PPO constitutes contempt of court punishable under Rule 71 of the Rules of Court, without prejudice to other actions.
Section 22 provides applicability to criminal cases:
- The protection order provisions apply as impliedly instituted with criminal actions involving violence against women and their children.
Section 23 allows a bond to keep the peace:
- The court may order the person against whom a protection order was issued to post a bond with two sufficient sureties to guarantee no commission of the violence sought to be prevented.
- If the respondent fails to give the bond, detention applies:
  - Not exceeding six (6) months if prosecuted for acts punishable under Section 5(a) to 5(f).
  - Not exceeding 30 days if for acts punishable under Section 5(g) to 5(i).
- Section 23 applies to TPOs and PPOs issued only by courts.

Custody, leave, damages, and confidentiality

Section 28 governs custody of children:
- The woman victim is entitled to custody and support of her child/children.
- Children below 7 years old or older but with mental or physical disabilities are automatically given to the mother, with right to support, unless the court finds compelling reasons to order otherwise.
- A victim suffering from battered woman syndrome is not disqualified from custody.
- Minor children custody must never be given to the perpetrator of a woman suffering from battered woman syndrome.
Section 36 provides victims are entitled to actual, compensatory, moral and exemplary damages.
Section 37 mandates expedited issuance of a hold departure order in cases prosecuted under the Act.
Section 38 exempts docket fees and expenses:
- If the victim is indigent, or there is immediate necessity due to imminent danger or threat of danger, the court accepts the application without payment of the filing fee and other fees and the transcript of stenographic notes.
Section 43 grants leave:
- Victims are entitled to 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.
- Leave is extendible when necessity arises as specified in the protection order.
- Employers prejudicing the right are penalized under the Labor Code and Civil Service Rules and Regulations; employers discriminating against persons for assisting a co-employee who is a victim are likewise liable for discrimination.
Section 44 imposes confidentiality and penalties:
- Records pertaining to cases—including barangay records—are confidential.
- Public officers/employees and public or private clinics/hospitals must respect victims’ privacy.
- Publishing or causing publication of a victim’s or immediate family member’s identifying information (name, address, telephone number, school, business address, employer, or other identifying information) without consent is punishable by contempt power of the court.
- Violations carry penalty of one (1) year imprisonment and a fine of not more than PHP 500,000.00.

Mandatory duties of agencies and responders

Section 30 mandates barangay officials and law enforcers to:
- respond immediately to calls for help or assistance/protection by entering necessary premises whether or not a protection order has been issued and ensure safety;
- confiscate any deadly weapon in perpetrator possession or within plain view;
- transport/escort victims to a safe place of their choice or to a clinic or hospital;
- assist victims in removing personal belongings from the house;
- assist responding barangay officials and other government officers/employees;
- ensure enforcement of protection orders issued by Punong Barangay or courts;
- arrest without a warrant when acts defined by the Act are occurring, or when there is personal knowledge that abuse has just been committed, and imminent danger to life or limb exists; and
- immediately report the call for assessment or assistance to DSWD, the LGU Social Welfare Department, or accredited NGOs.
Section 30 provides that failure to report incurs liability: a fine not exceeding PHP 10,000.00 and/or applicable criminal, civil, or administrative liability.
Section 31 requires healthcare provider response to abuse:
- A healthcare provider who suspects abuse or is informed by the victim must document injuries, record suspicions/observations/circumstances, automatically provide a free medical certificate, safeguard records and make them available upon request at actual cost, and provide immediate and adequate notice of rights and remedies and available services under the Act.
Section 32 requires other government agencies and LGUs to establish education and information programs/seminars/symposia on the nature, causes, incidence, and consequences of violence, and to ensure sustained education/training of officers and personnel for prevention.
Section 40 requires mandatory victim programs/services:
- DSWD and LGUs must provide temporary shelters, counseling, psycho-social services, recovery/rehabilitation programs, and livelihood assistance.
- DOH must provide medical assistance to victims.
Section 41 requires offender counseling/treatment:
- DSWD provides rehabilitative counseling and treatment to perpetrators for constructive coping with anger and emotional outbursts and reforming ways.
- Courts may order psychiatric treatment or confinement when necessary.
Section 42 requires training for all involved agencies/persons:
- Agencies must train personnel on the nature, extent, and causes of violence; victims’ legal rights and remedies; services/facilities for victims/survivors; police arrest/protection duties; and incident-handling techniques that minimize injury likelihood to officers and promote victim safety.
- PNP, in coordination with LGUs, must establish education/training programs for police officers and barangay officials.
Section 37 further requires expedition of hold departure order issuance.

Prohibited acts, exempt persons from liability, and victim rights

Section 33 prohibits compromising reliefs:
- Punong Barangay, Barangay Kagawad, or the court hearing a protection order application must not order, direct, force, or unduly influence the applicant to compromise or abandon any reliefs sought.
- Section 7 of the Family Courts Act of 1997 and Sections 410, 411, 412 and 413 of the Local Government Code of 1991 do not apply in proceedings where relief is sought under the Act.
- Non-compliance renders the official or judge administratively liable.
Section 34 provides an intervention exemption:
- Any person/private individual/police authority/barangay official who, acting in accordance with law, responds or intervenes without using violence or restraint greater than necessary to ensure victim safety is not liable for criminal, civil, or administrative liability resulting from such response/intervention.
Section 35 enumerates victims’ rights:
- to be treated with respect and dignity;
- to avail legal assistance from PAO/DOJ or any public legal assistance office;
- to receive support services from DSWD and LGUs;
- to be entitled to legal remedies and support provided under the Family Code; and
- to be informed of rights and services, including the right to apply for a protection order.
Section 39 establishes the Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC):
- It is composed of DSWD, NCRFW, CSC, CWC, DOJ, DILG, PNP, DOH, DepEd, DOLE, and NBI.
- The Council formulates programs/projects to eliminate VAW based on mandates and develops capability programs for employees to be more sensitive to client needs.
- The Council serves as the monitoring body for VAW initiatives.
- Members may designate representatives with rank not lower than assistant secretary or equivalent;