R.A. No.

9262
Anti-Violence Against Women
and their Children Act of 2004
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN, PROVIDING FOR PROTECTIVE
MEASURES FOR VICTIMS, PRESCRIBING PENALTIES
THEREFORE, AND FOR OTHER PURPOSES
They say when a man holds a
woman's hand before
marriage, it is love; after
marriage, it is self-defense.
It's true that all men are born
free and equal, but some of them
get married!
Son: Is it true? Dad, I heard that in
ancient China, a man doesn't
know his wife until he marries.

Father: That happens everywhere,

son, everywhere!
When a man opens the car door
for his wife, it's either a new car
or a new wife.
"Some people ask the secret of our long
marriage. We take time to go to a
restaurant two times a week. A little
candlelight, dinner, soft music and
dancing. She goes Tuesdays, I go Fridays."
My mother once told me that if a
married couple puts a penny in a pot
for every time they make love in the
first year, and takes a penny out
every time after that, they'll never
get all the pennies out of the pot.
By all means marry. If you get a
good wife, you'll be happy. If you
get a bad one, you'll become a
philosopher. Socrates
SECTION 3. Definition of Terms
A. Violence against women and their children
- refers to any act or a series of acts committed by
any person against a woman who is:
1. his wife; or
2. his former wife; or
3. a woman with whom the person has or had a
sexual or dating relationship; or
4. a woman with whom he has a common child, or
against her child whether legitimate or illegitimate
B. Physical Violence
- acts that include bodily or physical harm
C. Sexual Violence
- includes, but is not limited to:
1. rape, sexual harassment, acts of lasciviousness,
treating a woman or her child as a sex object, making
demeaning and sexually suggestive remarks, physically
attacking the sexual parts of the victim's body, forcing
her/him to watch obscene publications and indecent
shows or forcing the woman or her child to do indecent
acts and/or make films thereof, forcing the wife and
mistress/lover to live in the conjugal home or sleep
together in the same room with the abuser;
2. acts causing or attempting to cause the victim to
engage in any sexual activity by force, threat of force,
physical or other harm or threat of physical or other
harm or coercion;

3. Prostituting the woman or child.

D. Psychological violence
- acts or omissions causing or likely to cause mental or
emotional suffering of the victim such as but not
limited to:
1. Intimidation
2. Harassment
3. Stalking
4. Damage to property
5. Public ridicule or humiliation
6. Repeated verbal abuse
7. Marital infidelity
8. Causing or allowing the victim to witness the
physical, sexual or psychological abuse of a member
of the family to which the victim belongs
9. Forcing victim to witness pornography in any form
10. Making the victim witness abusive injury to pet
11. Unlawful or unwanted deprivation of the right to
custody and/or visitation of common children.
E. Economic abuse
- acts that make or attempt to make a woman
financially dependent which includes, but is not
limited to the following:
1. withdrawal of financial support or preventing the
victim from engaging in any legitimate profession,
occupation, business or activity, except in cases
wherein the other spouse/partner objects on valid,
serious and moral grounds as defined in Article 73 of
the Family Code;
Art. 73. Either spouse may exercise any legitimate
profession, occupation, business or activity without the
consent of the other. The latter may object only on
valid, serious, and moral grounds.
In case of disagreement, the court shall decide
whether or not:
(1) The objection is proper, and
(2) Benefit has accrued to the family prior to the
objection or thereafter. If the benefit accrued prior to
the objection, the resulting obligation shall be enforced
against the community property. If the benefit accrued
thereafter, such obligation shall be enforced against the
separate property of the spouse who has not obtained
consent.
The foregoing provisions shall not prejudice the rights
of creditors who acted in good faith.
Art. 111. Either spouse may mortgage, encumber,
alienate or otherwise dispose of his or her exclusive
property.
2. deprivation or threat of deprivation of financial
resources and the right to the use and enjoyment of
the conjugal, community or property owned in
common;
3. destroying household property;
4. controlling the victims' own money or properties or
solely controlling the conjugal money or properties.
F. Battery
- an act of inflicting physical harm upon the woman or
her child resulting to the physical and psychological or
emotional distress.

G. Battered Woman Syndrome

- a scientifically defined pattern of psychological and
behavioral symptoms found in women living in
battering relationships as a result of cumulative
abuse.
Who is a battered woman?
A battered woman is one who is repeatedly subjected to
any forceful physical or psychological behavior by a man in
order to coerce her to do something he wants her to do
without concern for her rights. Battered women include
wives or women in any form of intimate relationship with
men. To be classified as such, the couple must go through
the battering cycle at least twice. Any women may find
herself in an abusive relationship with a man once. If it
occurs a second time, and she remains in the situation, she
is defined as a battered woman.
 Battered women exhibit common personality traits, such as low
self-esteem, traditional beliefs about the home, the family and the
female sex role; emotional dependence upon the dominant male;
the tendency to accept responsibility for the batterers actions;
and false hopes that the relationship will improve.

What are the characteristics of the battered woman

syndrome?
The battered woman syndrome is characterized by the cycle of
violence, which has three phases:
1. The tension-building phase;
2. The acute battering incident; and
3. The tranquil, loving (or, at least, nonviolent) phase.
 At the tension-building phase, minor battering occurs verbal,
physical abuse or other form of hostile behavior. The woman tries
to pacify the batterer but this placatory/passive behavior
legitimizes her belief that the man has the right to abuse her. At
some point, violence spirals out of control and leads to acute
battering incident.
Acute battering incident is said to be characterized by brutality,
destructiveness and, sometimes, death. The battered woman
deems this incident as unpredictable, yet also inevitable. At this
stage, she has a sense of detachment from the attack and the
terrible pain. Acute battering incidents are often very savage and
out of control, that bystanders or intervenors are likely to get
hurt.
 The final phase of cycle of violence begins when the acute battering incident
ends. During this tranquil period, the couple experience profound relief. On one
hand, the batterer may show a tender and nurturing behavior toward his partner.

Notes:
- Defense of battered woman syndrome is a form of self-defense, a justifying
circumstance.
- Where the brutalized person is already suffering from the syndrome, further
evidence of actual physical assault at the time of the killing is NOT
required.Still, impending danger prior to defendants use of deadly force must
be shown. Threatening behaviour or communication can satisfy the required
imminence of danger. Considering such circumstances and the existence of the
syndrome, self-defense may be appreciated.
- However, aggression, if not continuous, does not warrant self-defense.
For battered woman syndrome to justify the killing:
1.Each of the phases of cycle of violence must be proved to have
characterized at least two battering episodes.
2.The final acute battering episode preceding the killing of the batterer
must have produced in the battered persons mind an actual fear of
an imminent harm from batterer and an honest belief that she
needed to use force in order to save her life.
3.At the time of killing, the batterer must have posed not necessarily
immediate and actual grave harm to accused based on the history of
violence by the former against the latter.

Taken altogether, these circumstances could satisfy the requisites of

self-defense.
Question:
If the invocation of self-defense fails, what shall the battered woman
syndrome amount to?

It gives rise to two mitigating circumstances of:

a. Psychological paralysis or diminution of freedom of action,
intelligence or intent analogous to illness that diminishes exercise of
will power without depriving her of consciousness of her acts; and
b. Passion and obfuscation, of having acted upon an impulse so
powerful as to have naturally produced passion and obfuscation.
H. Dating relationship
- a situation wherein the parties live as husband and
wife without the benefit of marriage or are
romantically involved over time and on a continuing
basis during the course of the relationship. A casual
acquaintance or ordinary socialization between two
individuals in a business or social context is not a
dating relationship.
Note: A casual acquaintance or
ordinary socialization between
two individuals in a business or
social context is not a dating
relationship.
I. Sexual relations
- a single sexual act which may or may not result in
the bearing of a common child.

J. Safe place or shelter

- any home or institution maintained or managed by
the Department of Social Welfare and Development
(DSWD) or by any other agency or voluntary
organization accredited by the DSWD for the purposes
of this Act or any other suitable place the resident of
which is willing temporarily to receive the victim.
K. Children
- those below eighteen (18) years of age or older but
are incapable of taking care of themselves as defined
under Republic Act No. 7610. As used in this Act, it
includes the biological children of the victim and other
children under her care.
Acts Punishable (Section 5)
The crime of violence against women and their children is committed
through any of the following acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical harm;
(c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical harm;
(e) Attempting to compel or compelling the woman or her child to
engage in conduct which the woman or her child has the right to
desist from or desist from conduct which the woman or her child has
the right to engage in, or attempting to restrict or restricting the
woman's or her 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 directed against the woman or child.
This shall include, but not limited to, the following acts committed
with the purpose or effect of controlling or restricting the woman's or
her child's movement or conduct:
(1) Threatening to deprive or actually depriving the woman or her child
of custody to her/his family;
(2) Depriving or threatening to deprive the woman or her children of
financial support legally due her or her family, or deliberately
providing the woman's children insufficient financial support;
(3) Depriving or threatening to deprive the woman or her child of a
legal right;
(4) Preventing the woman in engaging in any legitimate profession,
occupation, business or activity or controlling the victim's own
mon4ey or properties, or solely controlling the conjugal or common
money, or properties;
(f) Inflicting or threatening to inflict physical harm on oneself for the
purpose of controlling her actions or decisions;

(g) Causing or attempting to cause the woman or her child to engage in

any sexual activity which does not constitute rape, by force or
threat of force, physical harm, or through intimidation directed
against the woman or her child or her/his immediate family;

(h) Engaging in purposeful, knowing, or reckless conduct, personally or

through another, that alarms or causes substantial emotional or
psychological distress to the woman or her child.
This shall include, but not be limited to, the following acts:
(1) Stalking or following the woman or her child in public or private
places;
(2) Peering in the window or lingering outside the residence of the
woman or her child;
(3) Entering or remaining in the dwelling or on the property of the
woman or her child against her/his will;
(4) Destroying the property and personal belongings or inflicting harm
to animals or pets of the woman or her child; and
(5) Engaging in any form of harassment or violence;
(i) Causing mental or emotional anguish, public ridicule or humiliation to
the woman or her child, including, but not limited to, repeated verbal
and emotional abuse, and denial of financial support or custody of
minor children of access to the woman's child/children.
Penalties- The crime of violence against women and their
children, under Section 5 hereof shall be punished according to
the following rules:
If the acts are committed while the woman or child is
pregnant or committed in the presence of her child, the
penalty to be applied shall be the maximum period of penalty
prescribed in the section.
In addition to imprisonment, the perpetrator shall (a) pay a
fine in the amount of not less than One hundred thousand pesos
(PHP100,000.00) but not more than three hundred thousand
pesos (PHP300,000.00); (b) undergo mandatory psychological
counseling or psychiatric treatment and shall report compliance
to the court.
Prohibited Defense (Section 27)
Being under the influence of alcohol, any illicit drug, or any
other mind-altering substance shall not be a defense under
this Act.

Venue (Section 7)
The Regional Trial Court designated as a Family Court shall
have original and exclusive jurisdiction over cases of violence
against women and their children. In the absence of such
court in the place where the offense was committed, the case
shall be filed in the Regional Trial Court where the crime or
any of its elements was committed.
Protection Orders (Section 8)
Issued for the purpose of preventing further acts of violence against a
woman or her child specified in Section 5 of this Act and granting other
necessary relief.

The relief granted under a protection order 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 provisions of the protection order shall be enforced by law

enforcement agencies. The protection orders that may be issued under this
Act are the Barangay Protection Order (BPO), Temporary Protection Order
(TPO) and Permanent Protection Order (PPO). The protection orders that
may be issued under this Act shall include any, some or all of the following
reliefs:
(a) Prohibition of the respondent from threatening to commit or
committing, personally or through another, any of the acts mentioned
in Section 5 of this Act;

(b) Prohibition of the respondent from harassing, annoying, telephoning,

contacting or otherwise communicating with the petitioner, directly or
indirectly;

(c) Removal and exclusion of the respondent from the residence of the
petitioner, regardless of ownership of the residence, either
temporarily for the purpose of protecting the petitioner, or permanently
where no property rights are violated, and if respondent must remove
personal effects from the residence, the court shall direct a law
enforcement agent to accompany the respondent has gathered his
things and escort respondent from the residence;
(d) Directing the respondent to stay away from petitioner and
designated family or household member at a distance specified by
the court, and to stay away from the residence, school, place of
employment, or any specified place frequented by the petitioner
and any designated family or household member;

(e) Directing lawful possession and use by petitioner of an automobile

and other essential personal effects, regardless of ownership, and
directing the appropriate law enforcement officer to accompany the
petitioner to the residence of the parties to ensure that the
petitioner is safely restored to the possession of the automobile
and other essential personal effects, or to supervise the petitioner's
or respondent's removal of personal belongings;

(f) Granting a temporary or permanent custody of a child/children to

the petitioner;
(g) Directing the respondent to provide support to the woman and/or her
child if entitled to legal support. Notwithstanding other laws to the
contrary, the court shall order an appropriate percentage of the income or
salary of the respondent to be withheld regularly by the respondent's
employer for the same to be automatically remitted directly to the
woman. Failure to remit and/or withhold or any delay in the remittance
of support to the woman and/or her child without justifiable cause shall
render the respondent or his employer liable for indirect contempt of
court;
(h) Prohibition of the respondent from any use or possession of any firearm
or deadly weapon and order him to surrender the same to the court for
appropriate disposition by the court, including revocation of license and
disqualification to apply for any license to use or possess a firearm. If
the offender is a law enforcement agent, the court shall order the
offender to surrender his firearm and shall direct the appropriate
authority to investigate on the offender and take appropriate action on
matter;
(i) Restitution for actual damages caused by the violence inflicted,
including, but not limited to, property damage*, medical expenses,
childcare expenses and loss of income;

(j) Directing the DSWD or any appropriate agency to provide petitioners

need; and

(k) Provision of such other forms of relief as the court deems necessary
to protect and provide for the safety of the petitioner and any
designated family or household member, provided petitioner and any
designated family or household member consents to such relief.

Any of the reliefs provided under this section shall be granted even
in the absence of a decree of legal separation or annulment or
declaration of absolute nullity of marriage.
The issuance of a BPO or the pendency of an application for BPO shall not
preclude a petitioner from applying for, or the court from granting a
TPO or PPO.

Who may file Petition for Protection Orders (Section 9)

(a) the offended party;
(b) parents or guardians of the offended party;
(c) ascendants, descendants or collateral relatives within the fourth
civil degree of consanguinity or affinity;
(d) officers or social workers of the DSWD or social workers of local
government units (LGUs);
(e) police officers, preferably those in charge of women and children's
desks;
(f)Punong BarangayorBarangay Kagawad;
(g) lawyer, counselor, therapist or healthcare provider of the
petitioner;
 (h) At least two (2) concerned responsible citizens of the city or
municipality where the violence against women and their children
occurred and who has personal knowledge of the offense committed.

If the applicant is not the victim, the application must be accompanied

by an affidavit of the applicant attesting to:
(a) the circumstances of the abuse suffered by the victim and
(b) the circumstances of consent given by the victim for the filling of
the application.

When disclosure of the address of the victim will pose danger to her
life, it shall be so stated in the application. In such a case, the applicant
shall:
1. attest that the victim is residing in the municipality or city over
which court has territorial jurisdiction, and
2. Shall provide a mailing address for purpose of service
processing.
 An application for protection order filed with a court shall be considered an
application for both a TPO and PPO.

Barangay officials and court personnel shall assist applicants in the preparation of
the application. Law enforcement agents shall also extend assistance in the
application for protection orders in cases brought to their attention.

SECTION 14.Barangay Protection Orders (BPOs); Who May Issue and How. -Barangay
Protection Orders (BPOs) refer to the protection order issued by thePunong
Barangayordering the perpetrator to desist from committing acts under Section 5 (a)
and (b) of this Act. APunong Barangaywho receives applications for a BPO shall issue
the protection order to the applicant on the date of filing afterex
partedetermination of the basis of the application.

If thePunong Barangayis unavailable to act on the application for a BPO, the

application shall be acted upon by any availableBarangay Kagawad.If the BPO is
issued by aBarangay Kagawadthe order must be accompanied by an attestation by
theBarangay Kagawadthat thePunong Barangaywas unavailable at the time for the
issuance of the BPO.
 BPOs shall be effective for fifteen (15) days. Immediately after the issuance of
anex parteBPO, thePunong Barangay or Barangay Kagawadshall personally serve a
copy of the same on the respondent, or direct any barangay official to effect is
personal service.

The parties may be accompanied by a non-lawyer advocate in any proceeding

before the Punong Barangay.

SECTION 15.Temporary Protection Orders. Temporary Protection Orders (TPOs)

refers to the protection order issued by the court on the date of filing of the
application afterex partedetermination that such order should be issued.

A court may grant in a TPO any, some or all of the reliefs mentioned in this Act
and shall be effective for thirty (30) days. The court shall schedule a hearing on the
issuance of a PPO prior to or on the date of the expiration of the TPO.
SECTION 16.Permanent Protection Orders. Permanent Protection Order (PPO)
refers to protection order issued by the court after notice and hearing.

Respondents non-appearance despite proper notice, or his lack of a lawyer, or

the non-availability of his lawyer shall not be a ground for rescheduling or
postponing the hearing on the merits of the issuance of a PPO. If the respondents
appears without counsel on the date of the hearing on the PPO, the court shall
appoint a lawyer for the respondent and immediately proceed with the hearing.

In case the respondent fails to appear despite proper notice, the court shall
allow ex parte presentation of the evidence by the applicant and render judgment
on the basis of the evidence presented. The court shall allow the introduction of
any history of abusive conduct of a respondent even if the same was not directed
against the applicant or the person for whom the applicant is made.
General Rule: The court shall, to the extent possible, conduct the hearing on the
merits of the issuance of a PPO in one (1) day.

- Where the court is unable to conduct the hearing within one (1) day and the
TPO issued is due to expire, the court shall continuously extend or renew the
TPO for a period of thirty (30) days at each particular time until final
judgment is issued.

- The extended or renewed TPO may be modified by the court as may be

necessary or applicable to address the needs of the applicant.

Effectivity of PPO:

A PPO shall be effective until revoked by a court upon application of the

person in whose favor the order was issued.

The court shall not deny the issuance of protection order on the basis of the
lapse of time between the act of violence and the filing of the application.
 Regardless of the conviction or acquittal of the respondent, the Court must
determine whether or not the PPO shall become final. Even in a dismissal, a PPO
shall be granted as long as there is no clear showing that the act from which the
order might arise did not exist.

General Rule: TPO and PPO are filed in the family court at the place of residence
of the petitioner. (Section 10)

Exception: In the absence of a family court, with the RTC, MeTC, MTC or MCTC with
territorial jurisdiction over the place of residence of the petitioner.

An application for protection order filed with a court shall be considered an

application to both TPO and PPO.
SECTION 18.Mandatory Period For Acting on Applications For Protection
Orders Failure to act on an application for a protection order within the
reglementary period specified in the previous section without justifiable cause shall
render the official or judge administratively liable.

SECTION 19.Legal Separation Cases. In cases of legal separation, where violence

as specified in this Act is alleged, Article 58 of the Family Code (6 months cooling-off
period) shall not apply. The court shall proceed on the main case and other incidents
of the case as soon as possible. The hearing on any application for a protection
order filed by the petitioner must be conducted within the mandatory period
specified in this Act.

SECTION 20.Priority of Application for a Protection Order. Ex parte and

adversarial hearings to determine the basis of applications for a protection order
under this Act shall have priority over all other proceedings. Barangay officials and
the courts shall schedule and conduct hearings on applications for a protection order
under this Act above all other business and, if necessary, suspend other proceedings
in order to hear applications for a protection order.
SECTION 21.Violation of Protection Orders. A complaint for a violation of a BPO
issued under this Act must be filed directly with any municipal trial court,
metropolitan trial court, or municipal circuit trial court that has territorial
jurisdiction over the barangay that issued the BPO. Violation of a BPO shall be
punishable by imprisonment of thirty (30) days without prejudice to any other
criminal or civil action that the offended party may file for any of the acts
committed.

A judgment of violation of a BPO ma be appealed according to the Rules of Court.

During trial and upon judgment, the trial court may motu proprio issue a protection
order as it deems necessary without need of an application.

Violation of any provision of a TPO or PPO issued under this Act shall constitute
contempt of court punishable under Rule 71 of the Rules of Court, without prejudice
to any other criminal or civil action that the offended party may file for any of the
acts committed.
SECTION 22.Applicability of Protection Orders to Criminal Cases. The foregoing
provisions on protection orders shall be applicable in impliedly instituted with the
criminal actions involving violence against women and their children.

SECTION 23.Bond to Keep the Peace. The Court may order any person against
whom a protection order is issued to give a bond to keep the peace, to present two
sufficient sureties who shall undertake that such person will not commit the
violence sought to be prevented.

Should the respondent fail to give the bond as required, he shall be detained for
a period which shall in no case exceed six (6) months, if he shall have been
prosecuted for acts punishable under Section 5(a) to 5(f) and not exceeding thirty
(30) days, if for acts punishable under Section 5(g) to 5(I).

The protection orders referred to in this section are the TPOs and the PPOs issued
only by the courts.
SECTION 24.Prescriptive Period.
Acts falling under Sections 5(a) to 5(f) shall prescribe in twenty (20) years.
Acts falling under Sections 5(g) to 5(i) shall prescribe in ten (10) years.

SECTION 25.Public Crime. Violence against women and their children shall be
considered a public offense which may be prosecuted upon the filing of a complaint
by any citizen having personal knowledge of the circumstances involving the
commission of the crime.

SECTION 26.Battered Woman Syndrome as a Defense

Victim-survivors who are found by the courts to be suffering from battered

woman syndrome do not incur any criminal and civil liability notwithstanding the
absence of any of the elements for justifying circumstances of self-defense under
the Revised Penal Code.
In the determination of the state of mind of the woman who was suffering from
battered woman syndrome at the time of the commission of the crime, the courts
shall be assisted by expert psychiatrists/ psychologists.
SECTION 28.Custody of children, given to the woman victim.
The woman victim of violence shall be entitled to the
custody and support of her child/children. Children below
seven (7) years old older but with mental or physical
disabilities shall automatically be given to the mother, with
right to support, unless the court finds compelling reasons to
order otherwise.
A victim who is suffering from battered woman syndrome
shall not be disqualified from having custody of her children.
In no case shall custody of minor children be given to the
perpetrator of a woman who is suffering from Battered
woman syndrome.
SECTION 30.Duties of Barangay Officials and Law Enforcers.

Barangay officials and law enforcers shall have the following duties:

(a) respond immediately to a call for help or request for assistance or

protection of the victim by entering the necessary whether or not a protection
order has been issued and ensure the safety of the victim/s;
(b) confiscate any deadly weapon in the possession of the perpetrator or
within plain view;
(c) transport or escort the victim/s to a safe place of their choice or to a clinic
or hospital;
(d) assist the victim in removing personal belongs from the house;
(e) assist the barangay officials and other government officers and employees
who respond to a call for help;
(f) ensure the enforcement of the Protection Orders issued by thePunong
Barangyor the courts;
 (g) arrest the suspected perpetrator wiithout a warrant when any of the acts
of violence defined by this Act is occurring, or when he/she has personal
knowledge that any act of abuse has just been committed, and there is
imminent danger to the life or limb of the victim as defined in this Act; and
(h) immediately report the call for assessment or assistance of the DSWD,
social Welfare Department of LGUs or accredited non-government
organizations (NGOs).

Any barangay official or law enforcer who fails to report the incident shall be
liable for a fine not exceeding Ten Thousand Pesos (P10,000.00) or whenever
applicable criminal, civil or administrative liability.
SECTION 31.Healthcare Provider Response to Abuse

Any healthcare provider, including, but not limited to, an attending physician,
nurse, clinician, barangay health worker, therapist or counselor who suspects abuse
or has been informed by the victim of violence shall:

(a) properly document any of the victim's physical, emotional or psychological

injuries;
(b) properly record any of victim's suspicions, observations and circumstances
of the examination or visit;
(c) automatically provide the victim free of charge a medical certificate
concerning the examination or visit;
(d) safeguard the records and make them available to the victim upon request
at actual cost; and
(e) provide the victim immediate and adequate notice of rights and remedies
provided under this Act, and services available to them.
SECTION 32.Duties of Other Government Agencies and LGUs
Other government agencies and LGUs shall establish
programs such as, but not limited to, education and
information campaign and seminars or symposia on the nature,
causes, incidence and consequences of such violence
particularly towards educating the public on its social impacts.
It shall be the duty of the concerned government agencies
and LGU's to ensure the sustained education and training of
their officers and personnel on the prevention of violence
against women and their children under the Act.
SECTION 33.Prohibited Acts.
APunong Barangay, Barangay Kagawador the court hearing
an application for a protection order shall not order, direct,
force or in any way unduly influence he applicant for a
protection order to compromise or abandon any of the reliefs
sought in the application for protection under this Act. Section
7 of the Family Courts Act of 1997 and Sections 410, 411, 412
and 413 of the Local Government Code of 1991 shall not apply
in proceedings where relief is sought under this Act.
Failure to comply with this Section shall render the
official or judge administratively liable.
SECTION 34.Persons Intervening Exempt from Liability
In every case of violence against women and their children as herein defined, any
person, private individual or police authority or barangay official who, acting in
accordance with law, responds or intervenes without using violence or restraint
greater than necessary to ensure the safety of the victim, shall not be liable for any
criminal, civil or administrative liability resulting therefrom.

SECTION 35.Rights of Victims.

In addition to their rights under existing laws, victims of violence against women
and their children shall have the following rights:
(a) to be treated with respect and dignity;
(b) to avail of legal assistance form the PAO of the Department of Justice
(DOJ) or any public legal assistance office;
(c) To be entitled to support services form the DSWD and LGUs
(d) To be entitled to all legal remedies and support as provided for under the
Family Code; and
(e) To be informed of their rights and the services available to them including
their right to apply for a protection order.
SECTION 36.Damages.
Any victim of violence under this Act shall be entitled to actual,
compensatory, moral and exemplary damages.

SECTION 37.Hold Departure Order.

The court shall expedite the process of issuance of a hold departure
order in cases prosecuted under this Act.

SECTION 38.Exemption from Payment of Docket Fee and Other

Expenses.
If the victim is an indigent or there is an immediate necessity due to
imminent danger or threat of danger to act on an application for a
protection order, the court shall accept the application without payment
of the filing fee and other fees and of transcript of stenographic notes.
SECTION 39.Inter-Agency Council on Violence Against Women and Their Children
(IAC-VAWC).
In pursuance of the abovementioned policy, there is hereby established an Inter-
Agency Council on Violence Against Women and their children, hereinafter known as
the Council, which shall be composed of the following agencies:
(a) Department of Social Welfare and Development (DSWD);
(b) National Commission on the Role of Filipino Women (NCRFW);
(c) Civil Service Commission (CSC);
(d) Commission on Human rights (CHR)
(e) Council for the Welfare of Children (CWC);
(f) Department of Justice (DOJ);
(g) Department of the Interior and Local Government (DILG);
(h) Philippine National Police (PNP);
(i) Department of Health (DOH);
(j) Department of Education (DepEd);
(k) Department of Labor and Employment (DOLE); and
(l) National Bureau of Investigation (NBI).
 These agencies are tasked to formulate programs and projects to eliminate VAW
based on their mandates as well as develop capability programs for their employees
to become more sensitive to the needs of their clients. The Council will also serve as
the monitoring body as regards to VAW initiatives.

The Council members may designate their duly authorized representative who
shall have a rank not lower than an assistant secretary or its equivalent. These
representatives shall attend Council meetings in their behalf, and shall receive
emoluments as may be determined by the Council in accordance with existing budget
and accounting rules and regulations.

SECTION 40.Mandatory Programs and Services for Victims.

The DSWD, and LGU's shall provide the victims temporary shelters, provide
counseling, psycho-social services and /or, recovery, rehabilitation programs and
livelihood assistance.
The DOH shall provide medical assistance to victims.
SECTION 41.Counseling and Treatment of Offenders.
The DSWD shall provide rehabilitative counseling and treatment to perpetrators
towards learning constructive ways of coping with anger and emotional outbursts and
reforming their ways. When necessary, the offender shall be ordered by the Court to
submit to psychiatric treatment or confinement.

SECTION 42.Training of Persons Involved in Responding to Violence Against Women

and their Children Cases.
All agencies involved in responding to violence against women and their children
cases shall be required to undergo education and training to acquaint them with:
a. the nature, extend and causes of violence against women and their children;
b. the legal rights of, and remedies available to, victims of violence against
women and their children;
c. the services and facilities available to victims or survivors;
d. the legal duties imposed on police officers to make arrest and to offer
protection and assistance; and
 e. techniques for handling incidents of violence against women and their
children that minimize the likelihood of injury to the officer and promote the
safety of the victim or survivor.

The PNP, in coordination with LGU's shall establish an education and training
program for police officers and barangay officials to enable them to properly handle
cases of violence against women and their children.

SECTION 43.Entitled to Leave.

Victims under this Act shall be entitled to take a 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, extendible when the necessity arises as specified in the
protection order.
Any employer who shall prejudice the right of the person under this section shall
be penalized in accordance with the provisions of the Labor Code and Civil Service
Rules and Regulations. Likewise, an employer who shall prejudice any person for
assisting a co-employee who is a victim under this Act shall likewise be liable for
discrimination.
SECTION 44.Confidentiality of Records in AVAWC cases.

All records pertaining to cases of violence against women and their children
including those in the barangay shall be confidential and all public officers and
employees and public or private clinics to hospitals shall respect the right to privacy
of the victim.
Whoever publishes or causes to be published, in any format, the name, address,
telephone number, school, business address, employer, or other identifying
information of a victim or an immediate family member, without the latter's
consent, shall be liable to the contempt power of the court.
Any person who violates this provision shall suffer the penalty of one (1) year
imprisonment and a fine of not more than Five Hundred Thousand pesos
(P500,000.00).

Suppletory Application of RPC to VAWC (Sec. 47)

RPC and other applicable laws shall suppletory application.

THANK YOU!!!