VAWC: Anti-Violence Against Women and
their Children Act of 2004, also known as
Republic Act (R.A.) 9262
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VAWC is any act or a series of acts
committed against the victim which
result in or is likely to result in physical,
sexual, psychological harm or suffering,
or economic abuse.
VAWC is any act or a series of acts
committed against the victim which
result in or is likely to result in physical,
sexual, psychological harm or suffering,
or economic abuse.
Women victims protected under R.A. 9262:
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Wife
Former wife
A woman with whom the offender has
or had a sexual or dating relationship
A woman with whom the offender has a
common child.
4 KINDS OF VIOLENCE UNDER R.A 9262
1) Physical – refers to any acts that include
bodily or physical harm.
2) Sexual – acts that are sexual in nature;
rape, sexual harassment, prostitution etc.,
3) Psychological – acts that cause mental or
emotional suffering of the victim
4) Economic abuse - acts that make or
attempt to make a woman financially
dependent
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PENALTIES
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Children victims protected under R.A. 9262
Refers to those below eighteen (18) years of
age or older but are incapable of taking care of
themselves.
The following can be held reliable for
violation of R.A. 9262:
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husband;
former husband;
boyfriend;
Ex-boyfriend;
live-in partner or ex-partner
one with whom the woman has a
common child;
one with whom the woman has/had
sexual or dating relationship
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The law outlined 4 kinds of violence
VAWC is a public crime
Protection Orders can be issued
against the perpetrator
Stronger community mechanisms to
respond to cases
Imprisonment ranging from 1 month to
20 years.
Payment of P100,000 to P300,000 in
damages.
Mandatory psychological counseling or
psychiatric treatment.
VAWC IS A PUBLIC CRIME
Since it is a public crime:
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It is a crime against the entire society,
Anyone who has personal knowledge
of abuse, violence, or discrimination
can file a complaint.
PROTECTION ORDERS
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Important features of the law:
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Preventing the victim from engaging in
any legitimate profession
Withdrawal/deprivation or threat of
deprivation of financial resources
Controlling the victim’s own money
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An issue ordered for the purpose of
preventing further acts of violence
against a woman or a child.
Prohibition from threatening to commit
or committing personally any of the acts
penalized by the law.
Prohibition from harassing, annoying
telephoning, contacting, or otherwise
communicating with the victim directly
or indirectly.
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Directing the perpetrator to stay away
from the victim at a distance specified
by the court.
Prohibition of the perpetrator from any
use or possession of any firearm or
deadly weapon.
Restitution for actual damage caused
by violence (property, medical, loss of
income)
DSWD or any appropriate agency to
provide temporary shelter and other
social services to the victim.
WHO MAY FILE POs
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The victim/survivor
Relatives
Social Workers (DSWD/LGUs)
Police officers
Lawyer,
counselor,
therapist
or
healthcare provider of the petitioner
At least 2 concerned citizens of where
the VAWC occurred and who has
personal knowledge of the offense
committed.
VIOLATING THE PO
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Fine of P5,000- P50,000 and/or
Imprisonment of 6 months
Section 31 – Healthcare Provider Response
to Abuse
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Properly document any of the victim’s
physical, emotional or psychological
injuries.
Properly record any of victim’s
suspicions,
observations
and
circumstances of the examination or
visit.
Automatically provide the victim free of
charge a medical certificate concerning
the examination or visit.
Safeguard the records and make them
available to the victim upon request.
Provide the victim immediate and
adequate notice of rights and remedies
provided under this Act, and services
available to them.
POWER, USE OF FORCE, AND CONSENT
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POWER - Mechanisms through which
individuals, groups, or systems exert
control, dominance, or coercion over
others
2 TYPES OF POWER
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GOVERNMENT,
PRINCIPAL,
PERCEIVED - The appearance or
belief that someone or something has
power, even if they lack the actual
capacity to enforce it.
EXAMPLE: SOCIAL MEDIA INFLUENCER,
CHARISMATIC EMPLOYEE
Different types of power
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Social - Peer pressure, bullying; leader,
teacher, parents
Economic - Controls money or access
to
goods/services/money;
husband/father
Political - Discriminatory laws; elected
leaders
Physical - Strength, size; soldiers,
police
Gender-based - Males are usually in a
more powerful position than females
Age - Often the young have the least
power
Power is directly related to choice; the more
power, the more choices. GBV involves the
abuse of power.
USE OF FORCE/VIOLENCE
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REAL - The actual ability to exert
control, enforce decisions, or influence
outcomes through tangible resources,
authority, or systemic structures.
EXAMPLE:
CEO
CONSENT
Can be physical, emotional, social, or
economic in nature.
Intimidation, threats, persecution, or
other forms of psychological/social
pressure.
Targets are compelled to behave as
expected or to do what is being
requested, for fear of real and harmful
consequences.
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Consent is the voluntary agreement to
engage in the sexual act in question
provided that:
The
person
consenting
fully
understands what is being proposed.
Both parties enter into the relationship
or proposal and;
Both parties are mentally competent.
Consent has to be:
1) Informed – must fully comprehend
the sexual act, including its
implications and context. Ignorance,
deception, or misunderstanding
invalidates consent.
2) Voluntary – must be given freely;
without
coercion,
threats,
manipulation, or pressure. It cannot
be obtained through force, fear, or
exploitation of power imbalances.
3) Competent (Mentally) – must have
the mental capacity to consent; they
are of legal age, sober (not impaired
by drugs/alcohol), and not suffering
from
conditions
that
impair
judgement.