(RA 9262 Awareness)
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What is the Anti-VAWC Act?
RA 9262 is the Anti- Violence Against Women and their Children (VAWC) Act of 2004. It is anchored on the declaration of the State to value the dignity of women and children and guarantees full respect for human rights.
The Act seeks to give protection to women and their children who are victims of violence or abuse committed by their husband or ex-husband; live-in partner or ex-live in partner; boyfriend/girlfriend or ex-boyfriend/girlfriend; or dating partner or ex-dating partner.
It classifies violence against women and children as a public crime.
Who are considered children?
Anyone below 18 years of age or older but incapable of taking care themselves as defined under RA 7610 are considered children. As used in RA 9262, children include the biological children of the victim and other children under her care.
Acts included
VAWC under the law “refers to 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.”
It includes, but is not limited to, the following acts:
PHYSICAL VIOLENCE – refers to bodily or physical harm
SEXUAL VIOLENCE – an act that is sexual in nature such as rape, sexual harassment, acts of lasciviousness, prostitution and the like.
PSYCHOLOGICAL VIOLENCE – refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim like such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity.
ECONOMIC VIOLENCE – acts that make or attempt to make a woman financially dependent
Who are protected under the law?
RA 9262 protects the woman and her children. The victim, the child who is a minor (legitimate and illegitimate), and a person aged 18 years and beyond who doesn’t have the ability to decide for herself/himself because of an emotional, physical and mental illness can also make full use of the law. Moreover, any child under the care of a woman is protected under the law.
Penalties
If the courts have proven that the offender is guilty of the crime, the offender will be subjected to the following penalties:
Imprisonment based on the provisions of the Revised Penal Code
Fine ranging from 100,000.00 to 300,000.00 as damages
Mandatory psychological counseling or psychiatric treatment for perpetrators
Being drunk or under the influence of prohibited drugs cannot be taken as an excuse for committing VAW.
What can women and children do under the law?
Women and their children are allowed to secure a barangay protection order and/or temporary or permanent protection order from the courts. They can also file an independent civil action for damages and criminal action for the violation of the anti-VAWC Act.
Sec. 8 of RA 9262 defines a protection order as an order issued for the purpose of preventing further acts of violence against a woman or her child and granting other necessary relief. The law further states that “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).”
SOURCE:
Republic Act No. 9262: An Act Defining Violence Against Women and their Children
RA 9262 Briefer
Women Champion Online
