Violence Against Women and Their Children

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VAWC - Violence Against Women and Their Children Act of 2004

Considering that I handle cases falling within the jurisdiction of a Family Court, almost every now and then, clients are referred to me involving cases of violence against women and their children.  This law may be not favorable to men but it is the law.  The law may be harsh but it is the law.  Dura lex sed lex.

For the benefit of those who follow and visit my blog, I will try to explain simply the basic features of this law or better known as Republic Act Number 9262 or an Act Defining Violence Against Women and Their Children.

To Whom This VAWC May Be Committed?

1.  Against his wife, or

2.  Against his former wife (the marriage has already been annulled), or

3.  Against a woman with whom the person has or had sexual intercourse (it includes those one night stands and it does not matter whether it was for a fee or not), or

4.  Against a woman with whom the person has or had dating relationship (the period of such relationship does not matter, hence, even if it was just only for a day or an hour for as long as they are sweethearts), or

5.  Against a woman with whom the person has a common child (so the mistress or the so-called other woman may invoke this law), or

6.  Against his child, whether legitimate or not, within or without the family abode.

What are the Acts Penalized under this law?

1.  Physical Violence - acts that include bodily or physical harm

2.  Sexual Violence - acts which are sexual in nature, committed against a woman or her child

3.  Psychological Violence - it may include but not limited to INTIMIDATION, HARASSMENT, STALKING, DAMAGE TO PROPERTY, PUBLIC RIDICULE OR HUMILIATION, REPEATED VERBAL ABUSE AND MARITAL FIDELITY.

4.  Economic Violence - includes but not limited to withdrawal of financial support.

Definition of Children Under this Act:

Children refer to those below 18 years of age or older but are incapable of taking care of themselves.  It includes the biological children of the victim and other chidren under her care.

The victim in this case, aside from filing a criminal case against the offender, she may avail also the issuance of a PROTECTION ORDER.

Protection Order?

A protection order is an order issued under this Act for the purpose of preventing further acts of violence against woman or her child specified under this law and granting other necessary relief.  The relief granted under a protection order should serve the purpose of safeguarding the victim from further harm, minimizing any disruption in the victim's daily life, and facilitating the opportunity and ability of the victim to independently regain control over her life.

The protection orders under this Act are:

1.  Barangay Protection Orde (BPO)

2.  Temporary Protection Orde (TPO)

3 .  Permanent Protection Order (PPO)

Note:  The issuance of a BPO or the pendency of an application for a BPO shall not preclude a petitioner from applying for, or the court from granting a TPO or PPO.

Who May File Petition for Protection Order?

1.  The offended party

2.  Parents or guardians of the offended party

3.  Ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity

4.  Officers or social workers of the DSWD or social workers of local government units or LGUs

5.  Police officers, preferably those in charge of women and children's desks

6.  Punong Barangay or Barangay Kagawad

7.  Lawyer, Counselor, Therapist or Healthcare provided of the petitioner

8.  At least 2 concerned responsible citizens of the city or municipality where the violence against women and their children occured and who has personal knowledge of the offense committed.

Where to File for a Protection Order?

A BPO may be filed in the barangay where the alleged violence against woman and or her child may be committed.  A TPO and PPO may be filed in the family court of the place where the violence is committed.  In the absence of the family court, it may br filed in the Regional Trial Court or in the Municipal Trial Court.

Note:  An application for a protection order in court shall be considered the applocation for both a TPO and BPO.

All TPOs and BPOs issued under this act shall be enforceable anywhere in the Philippines and a violation thereof shall be punishable with a fine ranging from 5000 pesos to 50000 pesos and/or imprisonment of 6 months.