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Section 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women and Their Children Act of 2004."

Sec.  2. Declaration of Policy.- It is hereby declared that the State values the dignity of women and children and guarantees full respect for human rights. The State also recognizes the need to protect the family and its members particularly women and children, from violence and threats to their personal safety and security.

Towards this end, the State shall exert efforts to address violence committed against women and children in keeping with the fundamental freedoms guaranteed under the Constitution and the Provisions of the Universal Declaration of Human Rights, the convention on the Elimination of all forms of discrimination Against Women, Convention on the Rights of the Child and other international human rights instruments of which the Philippines is a party.

Sec.  3. Definition of Terms.- As used in this Act,

(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 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:

    A. "Physical Violence" refers to acts that include bodily or physical harm;

    B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman or her child. It includes, but is not limited to:

        (a) 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;

        (b) 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;

        (c) Prostituting the woman or child.

    C. "Psychological violence" refers to 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 marital 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.

    D. "Economic abuse" refers to 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;

        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.

(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to the physical and psychological or emotional distress.

(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.

(d) "Stalking" refers to 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.

(e) "Dating relationship" refers to 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.

(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing of a common child.

(g) "Safe place or shelter" refers to 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.

(h) "Children" refers to 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.

Sec.  4. Construction.- This Act shall be liberally construed to promote the protection and safety of victims of violence against women and their children.

Sec.  5. Acts of Violence Against Women and Their Children.- 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 from engaging in any legitimate profession, occupation, business or activity or controlling the victim's own money 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 or access to the woman's child/children.


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Re: R.A. 9262 "Anti-Violence Against Women and Their Children Act of 2004."
« Reply #1 on: February 12, 2009, 03:00:57 AM »
Sec.  6. Penalties.- The crime of violence against women and their children, under Section 5 hereof shall be punished according to the following rules:

    (a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide or murder or homicide shall be punished in accordance with the provisions of the Revised Penal Code.

    If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code; those constituting serious physical injuries shall have the penalty of prision mayor; those constituting less serious physical injuries shall be punished by prision correccional; and those constituting slight physical injuries shall be punished by arresto mayor.

    Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower than the prescribed penalty for the consummated crime as specified in the preceding paragraph but shall in no case be lower than arresto mayor.

    (b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;

    (c) Acts falling under Section 5(e) shall be punished by prision correccional;

    (d) Acts falling under Section 5(f) shall be punished by arresto mayor;

    (e) Acts falling under Section 5(g) shall be punished by prision mayor;

    (f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.

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 (P100,000.00) but not more than three hundred thousand pesos (300,000.00); (b) undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to the court.

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Re: R.A. 9262 "Anti-Violence Against Women and Their Children Act of 2004."
« Reply #2 on: February 12, 2009, 03:01:32 AM »
Sec.  9. Who may file Petition for Protection Orders. – A petition for protection order may be filed by any of the following:

    (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 Barangay or Barangay 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 have personal knowledge of the offense committed.

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Re: R.A. 9262 "Anti-Violence Against Women and Their Children Act of 2004."
« Reply #3 on: February 12, 2009, 03:01:45 AM »
Sec.  10. 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 and its implementing rules and regulations. 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: Provided, however, That if a family court exists in the place of residence of the petitioner, the application shall be filed with that court.

Sec.  11. How to Apply for a Protection Order. – The application for a protection order 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 the subject matter or issues thereof partakes of a violence as described in this Act. A standard protection order application form, written in English with translation to the major local languages, shall be made available to facilitate applications for protections order, and shall contain, among other, the following information:

    (a) names and addresses of petitioner and respondent;

    (b) description of relationships between petitioner and respondent;

    (c) a statement of the circumstances of the abuse;

    (d) description of the reliefs requested by petitioner as specified in Section 8 herein;

    (e) request for counsel and reasons for such;

    (f) request for waiver of application fees until hearing; and

    (g) an attestation that there is no pending application for a protection order in another court.

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 attest that the victim is residing in the municipality or city over which court has territorial jurisdiction, and 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.


kiamoy

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Re: R.A. 9262 "Anti-Violence Against Women and Their Children Act of 2004."
« Reply #5 on: February 12, 2009, 03:12:18 AM »
Daghan pay dili kahibaw ani. For awareness sake.

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naay anti-violence against men and their husbands? alkanse ang lalake hehehe

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mura man ni og discrimination? ag mga b***t diay?
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kiams, would you happen to know kung kinsay author aning RA 9262?

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bolingitboy, di ba si Senator Kiko ang author ani?
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Re: R.A. 9262 "Anti-Violence Against Women and Their Children Act of 2004."
« Reply #10 on: March 06, 2009, 01:46:23 AM »
bolingitboy, dili ko kahibaw..pecensya :(

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Re: R.A. 9262 "Anti-Violence Against Women and Their Children Act of 2004."
« Reply #11 on: March 06, 2009, 02:36:40 AM »
nice post kiams, very informational.

I have been a volunteer of WINGS ( Women Interacting for New Growth and Services) chaired by Atty. Myrna Trabajo Pagsuberon.

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Re: R.A. 9262 "Anti-Violence Against Women and Their Children Act of 2004."
« Reply #12 on: March 06, 2009, 07:02:14 AM »
yess, daghana sa imo na agi-an no?? salute

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Re: R.A. 9262 "Anti-Violence Against Women and Their Children Act of 2004."
« Reply #13 on: March 09, 2009, 05:01:37 PM »
"bolingitboy, di ba si Senator Kiko ang author ani?"

grazie, i'm not sure about kiko cuneta being the author of RA 9262. i'm sure though that he authored the unpopular juvenile law that allows criminals 15 years and below to roam free... i'm still interested though to know who authored 9262, if there's anyone in here who might be able to tell me.

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Re: R.A. 9262 "Anti-Violence Against Women and Their Children Act of 2004."
« Reply #14 on: March 09, 2009, 06:01:46 PM »
Yes Bolingotoy, you can have time and share in this postings, give your comment also this is highly interesting. To make it short anyone who works with Gabriela they know this by heart for sure.

ps
Kamusta naman ka Ondoy B?

Manay

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Re: R.A. 9262 "Anti-Violence Against Women and Their Children Act of 2004."
« Reply #15 on: March 09, 2009, 08:39:10 PM »



    Some of Kiko's Major Legislative Accomplishments

          Sponsor and Author, RA 9227, Improving the Salary and Providing Special Benefits to Justices and Judges and other members of the Judiciary 
          Sponsor and Author, RA 9285, Institutionalizing an Alternative Dispute Resolution System
          Sponsor and Author, RA 9279, Strengthening and Rationalizing the National Prosecution Service
          Sponsor and Author, RA 9293, Amending the Philippine Teachers Professionalization Act" (Balik Turo)
          Sponsor and Author, RA 9262, Anti-Domestic Violence Bill
          Sponsor and Author, Curtailing Entertainment Media Piracy in the Philippines
          Sponsor and Author, Anti Money Laundering Act
          Author and Sponsor, The National Human Rights Consciousness Week
          Sponsor and Author, The Rent Control Law
          Author, the National Service Training Program Act (ROTC Law)
          Sponsor and Co-Author, The Citizenship Retention Act of 2003
         Co-Author, The FilipinOverseas Absentee-Voting Act
         Creation of Various Local Courts
         Creation and Conversion of Various State Universities and Colleges

Loren Legarda, Manny Villar and Liza Maza (Gabriela) are some of the co-authors.

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Re: R.A. 9262 "Anti-Violence Against Women and Their Children Act of 2004."
« Reply #16 on: March 09, 2009, 11:11:04 PM »

sobrahan man pud gud ka fragile ang mga babaye,

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Re: R.A. 9262 "Anti-Violence Against Women and Their Children Act of 2004."
« Reply #17 on: March 12, 2009, 10:19:01 PM »
Quote from hofelina: "Yes Bolingotoy, you can have time and share in this postings, give your comment also this is highly interesting. To make it short anyone who works with Gabriela they know this by heart for sure.

ps
Kamusta naman ka Ondoy B?

Manay"

i'm doing ok, manay. thanks for asking... i'm just curious as to the author of RA 9262 because it is so one-sided and biased. i have talked to one of the regional directors of DSWD in mindanao and even she opined that 9262 heavily favors women. nothing whatsoever about women mauling their husbands, which also happens, albeit not as often as men mauling their wives. so i'm wondering who authored this law because i'd like to know whom not to vote for in the next elections.

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Re: R.A. 9262 "Anti-Violence Against Women and Their Children Act of 2004."
« Reply #18 on: March 12, 2009, 10:55:08 PM »
aware ko nga daghan pud na abused nga husband. perom dre sa ato culture, mauwow jud na ang bana ug file :) gamay ra tingale nga kaso maong they last sa priority,.

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Re: R.A. 9262 "Anti-Violence Against Women and Their Children Act of 2004."
« Reply #19 on: March 12, 2009, 11:10:02 PM »
Sponsor and Author, RA 9262, Anti-Domestic Violence Bill[/i]
          Sponsor and Author, Curtailing Entertainment Media Piracy in the Philippines
          Sponsor and Author, Anti Money Laundering Act
          Author and Sponsor, The National Human Rights Consciousness Week
          Sponsor and Author, The Rent Control Law
          Author, the National Service Training Program Act (ROTC Law)
          Sponsor and Co-Author, The Citizenship Retention Act of 2003
         Co-Author, The FilipinOverseas Absentee-Voting Act
         Creation of Various Local Courts
         Creation and Conversion of Various State Universities and Colleges

Loren Legarda, Manny Villar and Liza Maza (Gabriela) are some of the co-authors.


bolingitboy, so it's really Senator Kiko who authored this bill.



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