IRR of RA 9262 Anti-Violence Against Women Law

Governing policy and construction rules

The State values the dignity of women and children and guarantees full respect for human rights.
The State recognizes the need to protect the family and its members—particularly women and children—from violence and threats to personal safety and security.
The rules require efforts to address violence committed against women and children consistent with constitutional fundamental freedoms and international human rights instruments, including the Universal Declaration of Human Rights (UDHR), CEDAW, CRC, and other instruments to which the Philippines is a party.
The rules must be liberally construed to promote protection and safety of victims of Violence Against Women and Their Children (VAWC).
All doubts in implementation and interpretation must be resolved in favor of women and their children, consistent with the spirit and letter of the law.

Key definitions under IRR

The “Act” refers to Republic Act No. 9262, otherwise known as the “Anti-Violence Against Women and Their Children Act of 2004.”
The “Council” refers to IAC-VAWC, created under Section 39 of the Act.
“Violence Against Women and Their Children” covers acts committed by any person against:
- a woman who is his wife or former wife,
- a woman with whom he has or had a sexual or dating relationship,
- a woman with whom he has a common child,
- the woman’s child (whether legitimate or illegitimate), whether within or without the family abode,
- where the acts result in or are likely to result in physical, sexual, psychological harm or suffering, or economic abuse, including threats of such acts.
Violence includes, but is not limited to:
- Physical violence, meaning acts causing bodily or physical harm.
- Sexual violence, meaning sexual acts including—among others—rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, demeaning or sexually suggestive remarks, forcing the victim to witness obscene publications/indecent shows, physically attacking sexual parts, forcing a wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser, acts causing or attempting to cause the victim to engage in sexual activity by force/threat/physical or other harm or coercion, and prostituting the woman or her child.
- Psychological violence, meaning acts or omissions causing or likely to cause mental or emotional suffering such as intimidation, harassment, stalking, damage to property, public ridicule/humiliation, repeated verbal abuse, and marital infidelity, and includes causing the victim to witness physical, sexual, or psychological abuse, to witness pornography, or to witness abusive injury to pets, or unlawful/unwanted deprivation of the right to custody and/or visitation of common children.
- Economic abuse, meaning acts making or attempting to make a woman financially dependent, including withdrawal of financial support or preventing legitimate work except where the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code; deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of conjugal/community property; destroying household property; and controlling the victim’s own money or properties or solely controlling conjugal money or properties.
“Battery” refers to inflicting physical harm on the woman or her child resulting in physical and psychological or emotional distress.
“Battered Woman Syndrome” refers to a scientifically defined pattern of psychological and behavioral symptoms resulting from cumulative abuse in battering relationships.
“Stalking” refers to intentional conduct that knowingly and without lawful justification follows the woman or her child, or places them under surveillance directly or indirectly, or both.
“Dating relationship” covers parties living as husband and wife without marriage or romantically involved over time on a continuing basis; casual business/social acquaintance is not a dating relationship.
“Sexual relation” refers to a single sexual act that may or may not result in the bearing of a common child.
“Safe Place or Shelter” refers to any home or institution maintained or managed by the DSWD, or by any other accredited agency or voluntary organization, or any suitable place where the resident is willing to temporarily receive the victim.
“Children” are those below eighteen (18) years of age or older but incapable of taking care of themselves as defined under Republic Act No. 7610; it includes biological or adopted children and other children under the victim’s care, including foster children, relatives, or other children living with her.
“Psychosocial services” are help/support for total well-being of an individual who suffered physical harm and psychological/emotional distress that further resulted in an unpleasant/traumatic experience, to restore impaired physical, social, emotional, psychological, and spiritual aspects and to ensure safety, security, recovery, and reintegration.
“Victim-survivor” refers to women and children victims of VAWC.

Punishable acts and corresponding penalties

Section 6 provides that VAWC is a public offense that may be prosecuted upon filing of a complaint by any citizen having personal knowledge of the circumstances involving the commission of the crime.
Section 7 establishes that the crime of VAWC is committed through acts including:
- causing physical harm to the woman or her child;
- threatening to cause physical harm;
- attempting to cause physical harm;
- placing the woman or her child in fear of imminent physical harm;
- compelling or attempting to compel the woman or her child to engage in conduct she/he has the right to desist from, or to desist from conduct she/he has the right to engage in;
- restricting or attempting to restrict freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation; including acts made for controlling/restricting movement or conduct such as threatening/depriving custody or access, depriving/threatening deprivation of legally due financial support or providing insufficient financial support to children, depriving/threatening deprivation of a legal right, preventing legitimate profession/occupation/business/activity, controlling the victim’s money/properties, or solely controlling conjugal/common money/properties.
Section 7 also includes:
- inflicting or threatening to inflict physical harm on oneself to control her actions or decisions;
- causing or attempting to cause the woman or her child to engage in sexual activity not constituting rape, by force/threat, physical harm, or intimidation;
- purposeful, knowing, or reckless conduct alarming or causing substantial emotional or psychological distress, including stalking/following, peering in windows or lingering outside residence, entering/remaining in dwelling/property against will, destroying property/personal belongings or harming animals/pets, and any form of harassment or violence; and
- causing mental or emotional anguish, public ridicule or humiliation, including repeated verbal/emotional abuse and denial of financial support or custody/access involving minor children.
Section 8 applies penalties based on which Section 7 act is committed:
- For Section 7(a) acts constituting attempted, frustrated, or consummated parricide or murder or homicide: apply the Revised Penal Code; mutilation is punishable under the Revised Penal Code; serious physical injuries carry prision mayor (6 years and 1 day to 12 years); less serious physical injuries carry prision correctional (6 months and 1 day to 6 years); slight physical injuries carry arresto mayor.
- For Section 7(b) acts: impose imprisonment two (2) degrees lower than the consummated crime penalty specified for the corresponding act, but not lower than arresto mayor (1 month and 1 day to 6 months).
- For Section 7(c) and Section 7(d) acts: impose arresto mayor.
- For Section 7(e) acts: impose prision correccional.
- For Section 7(f) acts: impose arresto mayor.
- For Section 7(g) acts: impose prision mayor.
- For Section 7(h) and Section 7(i) acts: impose prision mayor.
Section 8 provides an aggravation rule: if the acts are committed while the woman or child is pregnant, or committed in the presence of the child, the penalty is applied at the maximum period prescribed in Section 8.
Section 8 adds that, in addition to imprisonment, the perpetrator must:
- pay a fine of not less than PHP 100,000.00 but not more than PHP 300,000.00; and
- undergo mandatory psychological counseling or psychiatric treatment and report compliance to the court.

Prescriptive period and venue

Section 9 sets the prescriptive periods for criminal complaints:
- Acts under Sections 7(a) to 7(f) prescribe if a complaint is filed within twenty (20) years from occurrence/commission.
- Acts under Sections 7(g) to 7(i) prescribe in ten (10) years.
Section 10 gives jurisdiction to:
- the Regional Trial Court designated as a Family Court, which has original and exclusive jurisdiction over VAWC cases under the Act; and
- if no such court exists, the case is filed in the Regional Trial Court where the crime or any of its elements was committed, at the option of the complainant.

Protection orders and enforcement mechanics

Section 11 authorizes the victim-survivor to obtain a protection order from either the barangay or the court.
A protection order must prevent further VAWC acts under Section 7 of the rules and grant other necessary reliefs safeguarding the victim-survivor, minimizing disruption in daily life, and facilitating ability to regain control.
Protection orders enforced by law enforcement agencies include:
- Barangay Protection Order (BPO) issued by the barangay; and
- Temporary Protection Order (TPO) or Permanent Protection Order (PPO) issued by the court.
Section 12 authorizes filing of protection order petitions by:
- the offended party;
- parents or guardians of the offended party;
- ascendants, descendants, or collateral relatives within the fourth civil degree of consanguinity or affinity;
- officers or social workers of DSWD or LGUs’ social workers;
- police officers, preferably those in charge of women and children’s desks;
- Punong Barangay or Barangay Kagawad;
- a lawyer, counselor, therapist, or healthcare provider of the petitioner; and
- at least two (2) concerned responsible citizens of the city/municipality where the VAWC occurred with personal knowledge of the offense.
Section 13 restricts BPO coverage to acts under Section 7(a) and Section 7(b) and limits BPO reliefs to:
- prohibition from threatening to commit or committing the acts in Section 7(a) and Section 7(b); and
- prohibition from harassing, annoying, telephoning, contacting, or communicating with the victim-survivor directly or indirectly.
Section 14 governs BPO application and issuance:
- The application must be in writing, signed by the victim-survivor/petitioner, in a language understood by her/him, attested before the Punong Barangay with jurisdiction, and the Punong Barangay/Kagawad must assist.
- Ex parte determination has priority over all proceedings.
- The Punong Barangay must issue the BPO on the same day immediately upon conclusion of ex parte proceedings; if Punong Barangay is unavailable, any available Barangay Kagawad issues it, with an attestation of Punong Barangay’s unavailability.
- A BPO is granted ex parte, without notice and hearing to the respondent; no mediation/conciliation/influence to compromise or abandon relief is allowed by Punong Barangay, law enforcers, and other government agencies.
- The BPO must be effective for fifteen (15) days and must be served immediately after issuance by personal service; service is deemed upon receipt by the respondent or any adult recipient at respondent’s address, or by leaving a copy with at least two (2) witnesses if refusing to receive, with certification of manner/place/date and reasons for non-service.
- The BPO is issued free of charge.
- Within twenty four (24) hours after issuing a BPO, the Punong Barangay (or available Kagawad) must assist the victim-survivor in filing for a TPO or PPO with the nearest court in the victim’s place of residence; if no Family Court or RTC exists, filing may be in the Municipal Trial Court, Municipal Circuit Trial Court, or Metropolitan Trial Court; for indigent petitioners, the barangay must ensure transportation and other expenses.
- BPOs must be recorded in a confidential logbook (kept from the public especially media), with quarterly reports submitted to DILG, and DILG submits summary to the IAC-VAWC Secretariat; appended forms include BPO and compliance monitoring forms.
- BPOs are enforceable within the issuing barangay, and the Punong Barangay must furnish copies to the PNP-Women and Children Protection Desks (PNP-WCPD) with jurisdiction and enter them in a logbook.
- Issuance or pendency of a BPO does not preclude applying for or granting a TPO or PPO; however, if a TPO has already been granted by a court, the barangay official may no longer issue a BPO.
Section 15 sets venue for BPOs:
- Applications follow venue rules under Section 409 of the Local Government Code of 1991 (including implementing rules), and may be filed in the barangay where the victim-survivor is located or resides.
- If parties reside in different municipalities/cities, the Punong Barangay/Kagawad of the victim’s barangay assists within two (2) hours from request in filing with the court.
- “Residence” includes temporary residence or refuge/sanctuary where she sought to escape and avoid continuing violence.
Section 16 provides BPO violation procedures and consequences:
- A complaint for violation of a BPO must be filed directly with the Municipal Trial Court, Metropolitan Trial Court, or Municipal Circuit Trial Court with territorial jurisdiction over the barangay that issued the BPO.
- Violation of a BPO is punishable by imprisonment of thirty (30) days, without prejudice to other criminal or civil actions.
- Primary responsibility to initiate BPO-violation complaints rests on the Punong Barangay or Kagawad who issued the BPO (or any barangay official if the former is no longer in office or incapacitated).
- If barangay officials refuse to initiate, the victim-survivor/applicant may file the complaint, without prejudice to administrative/civil/criminal action against the barangay official.
- A judgment may be appealed under the Rules of Court, and during trial and upon judgment the trial court may motu proprio issue a protection order as necessary without need of application.
Section 17 governs TPO issuance:
- A TPO is issued by the court on the date of filing after ex parte determination that it should be issued.
- A court may grant any, some, or all reliefs under the Act and it is effective for thirty (30) days.
- The court must schedule a hearing on issuance of a PPO prior to or on TPO expiration and order immediate personal service by the court sheriff (with assistance of law enforcement if needed).
- The TPO must include notice of the PPO hearing date.
Section 18 governs PPO issuance and hearing rules:
- A PPO is issued after notice and hearing.
- Respondent’s non-appearance despite proper notice, lack of a lawyer, or lawyer unavailability is not a ground to reschedule or postpone the merits hearing.
- If respondent appears without counsel, the court appoints a lawyer for respondent and immediately proceeds.
- If respondent fails to appear despite proper notice, the court allows ex parte presentation of evidence by the applicant and renders judgment based on that evidence.
- The court may allow introduction of any history of abusive conduct even if not directed against the applicant or the person for whom the application is made.
- The court must conduct merits hearing, to the extent possible, in one (1) day; if unable and the TPO will expire, the court must continuously extend or renew the TPO for thirty (30) days at a time until final judgment, and may modify it to meet the applicant’s needs.
- A PPO may grant any, some, or all reliefs specified in Section 19, and is effective until revoked upon application by the person in whose favor it was issued.
- The court must ensure immediate personal service of the PPO on the respondent.
- The court must not deny protection based on the lapse of time between the act and the filing.
- Regardless of conviction or acquittal in criminal prosecution under the Act, the court must determine whether the PPO becomes final; even if dismissed, a PPO must be granted unless there is a clear showing that the act from which the order might arise did not exist.
Section 19 lists reliefs available under TPO and PPO, including:
- prohibition against threatening/committing acts under Section 7;
- prohibition against harassment, annoying, telephoning, contacting, or communicating with the petitioner;
- removal and exclusion of respondent from petitioner’s residence regardless of ownership, temporarily or permanently where no property rights are violated, and escort/removal of personal effects by law enforcement until gathered and escorted out;
- directing respondent to stay away from petitioner and designated family/household members at a distance specified, and to stay away from residence, school, place of employment, and specified places frequented by petitioner and designated family/household members;
- directing lawful possession and use by petitioner of an automobile and other essential personal effects regardless of ownership, and directing law enforcement to restore safe possession or supervise removal of personal belongings;
- granting temporary or permanent custody of the child/children to petitioner;
- directing respondent to provide support if entitled, including ordering an appropriate percentage of income/salary withheld by employer and automatically remitted directly to petitioner; failure to remit/withhold or delay without justifiable cause renders respondent or employer liable for indirect contempt of court;
- prohibiting use/possession of firearms or deadly weapons and ordering surrender to the court for disposition, including revocation of license and disqualification to apply for any firearm license; if offender is a law enforcement agent, court orders surrender and directs appropriate authority to investigate and take appropriate action;
- restitution for actual damages, including property damage, medical expenses, childcare expenses, and loss of income;
- directing DSWD or any appropriate agency to provide temporary shelter and other social services; and
- other reliefs court deems necessary to protect and provide for safety if petitioner and designated family/household members consent.
Section 19 also provides that any relief may be granted even without a decree of legal separation, annulment, or declaration of absolute nullity of marriage.
Section 20 requires:
- protection order application must be in writing, signed and verified under oath;
- application may be independent or incidental relief in civil or criminal case involving VAWC;
- a standard application form must be provided in English with translation to major local languages and includes: names/addresses of parties, relationship description, abuse circumstances, requested reliefs, request for counsel with reasons, request for fee waiver until hearing, and attestation that there is no pending application in another court;
- if applicant is not victim-survivor, application must include an affidavit attesting to abuse circumstances and victim-survivor consent;
- when disclosure of petitioner/victim address poses danger, application must state that petitioner resides in municipality/city with territorial jurisdiction and provide a mailing address for service processing;
- barangay/court personnel must assist; law enforcement must assist when cases come to their attention;
- filing with a court is treated as application for both TPO and PPO.
Section 21 allows filing of TPO/PPO in the Family Court, or if none, in the Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court at petitioner’s place of residence; petitioner’s “residence” includes temporary refuge/sanctuary from continuing violence.
Section 22 provides enforcement nationwide: all TPOs and PPOs are enforceable anywhere in the Philippines; violation is punishable with a fine from PHP 5,000.00 to PHP 50,000.00 and/or imprisonment of six (6) months.
Section 23 provides that violation of a TPO or PPO constitutes contempt of court punishable under Rule 71 of the Rules of Court, without prejudice to other criminal or civil actions.
Section 24 makes protection order provisions applicable in criminal cases and/or included as civil actions deemed instituted with the criminal action involving VAWC.
Section 25 provides special treatment in legal separation cases alleging violence under the Act: Article 58 of the Family Code does not apply, and the court proceeds on the main case and incidents as soon as possible; hearing on protection order applications must be conducted within the mandatory period specified in the Act.
Section 26 authorizes a bond to keep the peace: if issued, respondent must present two (2) sufficient sureties. If respondent fails to give the bond:
- detention may not exceed six (6) months for acts punishable under Section 5(a) to 5(f) of the Act; and
- detention may not exceed thirty (30) days for acts punishable under Section 5(g) to 5(i) of the Act.
Section 27 prohibits:
- a Punong Barangay, Barangay Kagawad, or the court from ordering/directing/forcing or unduly influencing the applicant to compromise or abandon relief; and
- application of Section 7 of the Family Courts Act of 1997 and Sections 410, 411, 412 and 413 of the Local Government Code of 1991 in proceedings where relief is sought under the Act.
Section 27 also provides that failure to comply renders the official or judge administratively liable; law enforcers and government personnel must not mediate or conciliate or influence the victim-survivor/applicant to compromise or abandon relief sought.
Section 28 requires the protection order to print the statement in bold-faced type or capital letters: “Violation of this order is punishable by law.”
Section 29 mandates priority for protection order proceedings: ex parte and adversarial hearings have priority over all other proceedings; hearings are scheduled above all other business and other proceedings may be suspended if necessary.
Section 30 provides administrative liability for failure to act within the mandatory period specified in the preceding provisions on protection orders without justifiable cause.
Section 31 directs DSWD, pursuant to Republic Act No. 7610, to take protective custody of the abused child whether or not a protection order has been issued.

Legal remedies, defenses, custody, damages

Section 32 provides a defense framework for Battered Woman Syndrome: victim-survivors found by courts to be suffering from battered woman syndrome incur no criminal and civil liability, notwithstanding absence of elements for justifying circumstances of self-defense under the Revised Penal Code.
Section 32 requires courts to be assisted by expert psychiatrists/psychologists in determining the state of mind of the battered woman at the time of the crime.
Section 33 prohibits alcohol, illicit drugs, or any other mind-altering substance from being a defense under the Act.
Section 34 guarantees custody and support:
- the woman is entitled to custody and support of her children;
- children below seven (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;
- battered woman syndrome does not disqualify the woman from custody; and
- in no case may custody of minor children be given to the perpetrator of violence against a woman who is suffering from battered woman syndrome.
Section 35 establishes damages entitlement: any victim-survivor is entitled to actual, compensatory, moral and exemplary damages.
Section 35 provides that the civil action for damages is deemed instituted with the criminal action unless an independent civil action for damages is filed.
Section 36 allows counsel for the victim-survivor or applicant to request a Hold Departure Order in the application or petition for protection order, and the court must expedite issuance in cases prosecuted under the Act.
Section 37 provides fee relief:
- if victim-survivor is indigent, or there is immediate necessity due to imminent danger or threat, the court must accept the application without payment of filing fee and other fees and of transcript of stenographic notes.

Mandatory services for victims and offenders

Section 38 recognizes additional rights of victim-survivors, including respect and dignity, legal assistance from the Public Attorneys Office (PAO) or any public legal assistance office, support services from DSWD and LGUs, entitlement to legal remedies and support under the Family Code, and the right to be informed of rights and services including the right to apply for a protection order.
Section 39 requires that DSWD and LGUs provide programs and services for healing, recovery, and reintegration, including:
- emergency shelter, psycho-social counseling, and other