Goal:

At the end of this lecture the

participants will be aware about
the R.A. 9262 also known as
Violence Against Women and
their Children
Objectives:
At the end of this lecture the participants
will be able to:
1. Identify the “Myths” of VAWC;
2. Define R.A 9262 (VAWC);
3. Identify who are the victims;
4. Identify the act or acts which constitute
Violence Against Women and their Children;
5. Identify the remedies of the offended
party; and
.
6. Define “Battered Woman Syndrome.
MYTHS OF VAWC
MYTHS OF VAWC
Myth 1
A man can do
whatever he wants to
his wife
 THE TRUTH:
No man has the right
to beat his wife.

Nothing a woman does gives a man the right to hurt her,

Even if he thinks she deserves it—even if she herself
thinks she deserves it.
MYTHS OF VAWC
Myth 2
He wouldn’t beat
her if he didn’t love
her so much
 THE TRUTH:
Beating is not a sign of love.

Love means showing respect and kindness

MYTHS OF VAWC
Myth 3
Only, ignorant
men beat their
wives
 THE TRUTH:
Violence is not just a problem of poverty and
ignorance.

Violence can happen in any Home: rich or poor,

educated or less educated, in the city or in the rural
areas.
MYTHS OF VAWC
Myth 4
It’s just because
he drinks
 THE TRUTH:
Alcohol does not cause violence, but it
often makes it worse.

Violence is also common in places where

people do not drink alcohol
 MYTHS OF VAWC
Myth 5
It’s their business.
It’s not right to
interfere with private
affairs of couple
 THE TRUTH:
Violence is not just a family matter. Many women
are hurt or killed.

Violence is a social and community health

problem.
 MYTHS OF VAWC
Myth 6
It’s best for the children
if she stays with him. He
can still be a good father
to them.
 THE TRUTH:
It is not always better for the family when a woman
stays with a violent man. He is teaching the
children terrible, wrong ways to deal with their
feelings, and about how women should be treated.
 THE TRUTH:
He is not being good to his children if
he is beating their mother or them
 REPUBLIC ACT 9262
“ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN ACT OF 2004”
(Anti-VAWC)

BY: PROS. LOLITA G. LUMAPAT-LOMANTA

OFFICE OF THE PROVINCIAL PROSECUTOR-CEBU
Violence against women and their children
- refers to any act or a series of acts committed
by any person against a woman or against her
child whether legitimate or illegitimate, within
or without the family abode, which result in or
is likely to result in physical, sexual,
psychological harm or suffering, or economic
abuse.
Woman- refers to the following:

1. wife
2. former wife
3. one with whom the person has or had a
dating or sexual relationship
4. one with whom he has a common child
Child- person below 18 years of age or older
but who is unable to fully take care of
himself/herself from abuse, neglect, cruelty,
exploitation or discrimination because of a
physical or mental disability or condition.
 ACT OR ACTS WHICH CONSTITUTE
VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN

PHYSICAL VIOLENCE - refers to acts that

include bodily or physical harm.
-It also includes causing, Threatening,
attempting to cause physical harm to the
woman or her child or placing the woman or
her child in fear of imminent physical harm.
SEXUAL VIOLENCE - refers to an act which is
sexual in nature like rape,
-sexual harassment,
-acts of lasciviousness,
-treating a woman or her child as a sex object,
-making demeaning and sexually suggestive
remarks,
-forcing the wife and mistress/lover to live in the
conjugal home or sleep together in the same room
with the abuser, forcing the woman or her child to
watch indecent shows or do indecent acts, or
prostituting the woman or child.
PSYCHOLOGICAL VIOLENCE - refers to acts or
omissions causing or is likely to cause mental or
emotional suffering of the victim like intimidation,
-harassment,
-stalking,
-peering in the window or lingering outside the
residence of the woman or her child,
-entering or remaining in the dwelling or on the
property of the woman or her child against his or her
will,
-destroying the property,
-public ridicule or humiliation,
-repeated verbal abuse and marital infidelity,
-or unlawful or unwanted deprivation of the right to
custody and/or visitation of common children.
ECONOMIC ABUSE - refers to acts that make
or attempt to make a woman financially
dependent like withdrawal of financial support
or preventing the victim from engaging in any
legitimate profession,
-occupation or business,
-deprivation or threat of deprivation of
financial resources and the right to the use
and enjoyment of their property,
-controlling the victim’s own money or
properties or solely controlling the conjugal
money or properties.
 Remedies of the offended party

1. File a Petition for a Protection Order

2. File a Criminal Action for Violation of
Anti-VAWC
3. File a Criminal Action with reservation
of a separate civil action; or
4. File a Civil Action for Damages
PROTECTION ORDER - an order issued for
the purpose of preventing or safeguarding
further acts of violence against a woman or
her child, 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.
 KINDS OF PROTECTION ORDER

1. BARANGAY PROTECTION ORDER (BPO) - issued by the

Punong Barangay, or in his absence the Barangay Kagawad,
ordering the perpetrator to desist from causing or
threatening to cause physical harm or bodily injury against
the offended party. This is effective for 15 days.

2. TEMPORARY PROTECTION ORDER (TPO) - issued by

the court on the date of filing of the application or in the
course of the hearing and effective for 30 days.

3. PERMANENT PROTECTION ORDER (PPO) - issued by

the court after notice and hearing and effective until
revoked by the court upon application of the person in
whose favor the order was issued.
 RELIEFS GRANTED UNDER THE PROTECTION
ORDER

1. Prohibition from committing or threatening to commit acts of

violence;

2. Prohibition from harassing, annoying, telephoning, contacting

or communicating with petitioner;

3. Removal or exclusion of respondent from residence of

petitioner, regardless of ownership of the residence, either
temporarily or permanently;

4. Directing respondent to stay away from the residence,

school, place of employment of petitioner or designated
family or household member;
5. Directing lawful possession and use by petitioner of
an automobile and other essential personal effects,
regardless of ownership;

6. Granting a temporary or permanent custody of a

child/children to petitioner;

7. Directing respondent to provide support to the

woman and/or her child if entitled to legal support;

8. Prohibition to use, possess any firearm or deadly

weapon and to surrender the same to the court
including revocation of license and disqualification
to apply for license;
9. Actual damages;

10. Directing DSWD or any appropriate

agency to provide temporary shelter;
therapy, counseling, and

11. other reliefs

 WHO MAY FILE PETITION FOR
PROTECTION ORDER

1. offended party
2. parents or guardian
3. ascendants, descendants and other relatives
4. Social Worker
5. Police Officer
6. Punong Barangay or kagawad
7. Lawyer, counselor or therapist
8. Two (2) concerned and responsible citizens
 WHERE TO APPLY FOR A PROTECTION
ORDER

BPO- in the Barangay where the parties reside or

where the respondent resides.

TPO and PPO- in the Family Court where the

petitioner resides. If none, in the RTC, MeTC,
MTCC, MTC or MCTC where the petitioner
resides.
BATTERED WOMAN SYNDROME
(BWS) - refers to a scientifically defined
pattern of psychological and behavioral
symptoms found in women living in
battering relationships as a result of
cumulative abuse. This is a novel
defense where victim-survivors do not
incur criminal and civil liability.

People of the Phil. Vs.Marivic Genosa

GR No. 135981, January 15, 2004
 Final thought
A lot of men act like they are doing a woman a favor by asking for
her hand in marriage but let’s think about this:
She changes her name,
Changes her home,
Moves in with you,
Gets pregnant for you,
Bears children for you,
Pregnancy destroys her body,
She gets fat,
Almost give up in the labour room due to an explainable pain.

Even the kids she delivers bear your name. Till the day she dies,
everything she does benefits you. So who is really doing a favor?
“Dear man appreciate your wife today because it is not easy to be a
woman.
- THE END -
 A. Concept: the act of making a physical contact with the body of
another person for the purpose of obtaining sexual gratification other
than, or without intention of, sexual intercourse.
. The contact may be by the body of the accused such as by the lips, hands, foot; or by means of any object or instrument. In either case there
must be no form of insertion into the anus, mouth or sex organ amounting to rape through sexual abuse.

2. It is distinguished from Attempted Rape in that there is no intent to have sexual intercourse with the victim. The intent may be inferred from
the circumstances of time, place, and occasion, or inferred from the nature of the act itself.

3. It is distinguished from Unjust Vexation in that there is no lewd design in unjust vexation

Example: (i) The acts of an ardent lover such as kissing, embracing arising from his passion, are unjust vexation merely. (ii). The touching of the
private parts of a woman out of curiosity is unjust vexation.

4. If the acts of lasciviousness (including sexual intercourse) is performed upon a child exploited in prostitution or other sexual abuse (i.e. abuse
other than the acts of lasciviousness such as when the child is the subject of an obscene publication or pornography or of indecent shows)
whether male or female, the acts would constitute sexual abuse punished under R.A. 7610 ( The Child Abuse Law) ( Olivarez vs. C.A., July 29,
2006)

B. Kinds:
1. Forcible (Article 336) if made under circumstances of forcible rape, i.e through force, threat, violation, intimidation.

a. The accused may be any person and the victim may be a male or female

2. Consented: (Article 339) if made under circumstances of seduction whether simple or qualified i.e.

a) victim is a female of chaste character

b) over 12 years but below 18 years, or a widow

c) there was deceit or abuse of authority, abuse of confidence or abuse of relationship

 PROCEDURE IN FILING
CRIMINAL CASE
Documents which may be
Complainant Submitted include:
affidavit of complainant,
files complaint affidavits of witnesses,
Medical Certificate,
Marriage Certificate,
Police Report
, etc.

Police or other law Office of

enforcement agency the Prosecutor
 PROCEDURE IN FILING
CRIMINAL CASE

Police or Conducts case

other law
(build-up
enforcement
investigation)
agency

Office
Files Complaint
Of the with Prosecutor
Prosecutor
 PROCEDURE IN FILING
CRIMINAL CASE
Office
Preliminary
Of the Investigation
Prosecutor

Is there Files
Dismisses Information
probable
Complaint YES with proper
NO cause? court