Anti-Violence Against Women and their Children

• Violence against women and their children

  Any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, 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 including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty
• Physical Violence


  Acts that include bodily or physical harm
• Sexual violence

  1. rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object
  2. making sexually suggestive remarks
  3. physically attacking the sexual parts
  4. forcing her/him to watch indecent shows or forcing the woman or her child to do films thereof
  5. forcing to sleep together in the same room with the abuser
  6. 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;
  7. Prostituting the woman or child
• Psychological violence


  Acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children
• Economic abuse


  Acts that make or attempt to make a woman financially dependent

  1. withdrawal of financial support or preventing the victim from engaging in any jobs except in serious and moral grounds as defined in Article 73 of the Family Code;
  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; controlling the victims' own money or properties or solely controlling the conjugal money or properties
• Battery


  An act of inflicting physical harm upon the woman or her child resulting to the physical and psychological or emotional distress
• 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
• Stalking


  An intentional act committed by a person who, knowingly and without lawful justification follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a combination thereof
• 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
• Sexual relations


  A single sexual act which may or may not result in the bearing of a common child
• 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
• 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 of Violence Against Women and Their Children

  1. Causing physical harm to the woman or her child

  2. Threatening to cause the woman or her child physical harm

  3. Attempting to cause the woman or her child physical harm

  4. Placing the woman or her child in fear of imminent physical harm

  5. 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
• Acts that restrict the woman's or her child's movement or conduct


  • Threatening to deprive or actually depriving the woman or her child of custody to her/his family
  • 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
  • Depriving or threatening to deprive the woman or her child of a legal right
  • 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
• Acts of Violence Against Women and Their Children

  1. Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions

  2. 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

  3. Stalking or following the woman or her child in public or private places

  4. Peering in the window or lingering outside the residence of the woman or her child

  5. Entering or remaining in the dwelling or on the property of the woman or her child against her/his will

  6. Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child

  7. Engaging in any form of harassment or violence
• 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
• Protection Order


  An order issued under this act for the purpose of preventing further acts of violence against a woman or her child and granting other necessary relief
• Types of protection orders

  • Barangay Protection Order (BPO)
  • Temporary Protection Order (TPO)
  • Permanent Protection Order (PPO)
• Reliefs that may be granted in a protection order

  • Prohibition of the respondent from threatening to commit or committing acts of violence
  • Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise communicating with the petitioner
  • Removal and exclusion of the respondent from the residence of the petitioner
  • Directing the respondent to stay away from petitioner and designated family or household member
  • Directing lawful possession and use by petitioner of an automobile and other essential personal effects
  • Granting a temporary or permanent custody of a child/children to the petitioner
  • Directing the respondent to provide support to the woman and/or her child
  • Prohibition of the respondent from any use or possession of any firearm or deadly weapon
  • Restitution for actual damages caused by the violence inflicted
  • Directing the DSWD or any appropriate agency to provide petitioner may need
  • Provision of such other forms of relief as the court deems necessary
• Who may file a petition for protection order

  • 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 the DSWD or social workers of local government units (LGUs)
  • Police officers, preferably those in charge of women and children's desks
  • Punong Barangay or Barangay Kagawad
  • Lawyer, counselor, therapist or healthcare provider of the petitioner
  • 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
• Where to apply for a protection order

  Applications for BPOs shall follow the rules on venue under Section 409 of the Local Government Code of 1991

  An application for a TPO or PPO may be filed in the regional trial court, metropolitan trial court, municipal trial court, municipal circuit trial court with territorial jurisdiction over the place of residence of the petitioner. If a family court exists in the place of residence of the petitioner, the application shall be filed with that court.
• How to apply for a protection order

  The application must be in writing, signed and verified under oath by the applicant

  It may be filed as an independent action or as incidental relief in any civil or criminal case

  A standard protection order application form shall be made available

  If the applicant is not the victim, the application must be accompanied by an affidavit of the applicant

  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
• Enforceability of protection orders

  All TPOs and PPOs issued under this Act shall be enforceable anywhere in the Philippines

  Violation of a protection order shall be punishable with a fine ranging from P5,000 to P50,000 and/or imprisonment of six (6) months
• Legal representation of petitioners for protection order

  If the woman or her child requests in the applications for a protection order for the appointment of counsel because of lack of economic means, the court shall immediately direct the Public Attorney's Office (PAO) to represent the petitioner

  A private counsel offering free legal service is not barred from representing the petitioner
• Barangay Protection Orders (BPOs)


  Issued by the Punong Barangay ordering the perpetrator to desist from committing acts of violence

  Effective for 15 days

  Personally served on the respondent by the Punong Barangay or Barangay Kagawad

  Parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong Barangay
• Temporary Protection Orders (TPOs)


  Issued by the court on the date of filing of the application after ex parte determination

  Effective for 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
• Permanent Protection Orders (PPOs)


  Issued by the court after notice and hearing

  Respondent's non-appearance or lack of lawyer shall not be a ground for postponing the hearing

  If the respondent fails to appear, the court shall allow ex parte presentation of evidence by the applicant

  The court shall ensure immediate personal service of the PPO on respondent

  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

  A PPO shall be granted even in a dismissal as long as there is no clear showing that the act from which the order might arise did not exist
• Prescriptive Period


  1. Acts falling under Sections 5(a) to 5(f) shall prescribe in twenty (20) years

  2. Acts falling under Sections 5(g) to 5(I) shall prescribe in ten (10) years
• 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
• 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