Today is Saturday, March 15, 2014

Republic of the Philippines Congress of the Philippines Metro Manila Twelfth Congress Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand three. March !" 2 #

Republic Act No. 9262

AN ACT $%&'N'N( )'*+%NC% A(A'NST ,*M%N AN$ T-%'R C-'+$R%N" PR*)'$'N( &*R PR*T%CT')% M%AS.R%S &*R )'CT'MS" PR%SCR'/'N( P%NA+T'%S T-%R%&*R%" AN$ &*R *T-%R P.RP*S%S

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled

S%CT'*N 0. Short Title.- This !ct shall "e #nown as the $!nti-%iolence !gainst &o'en and Their (hildren !ct of 2004$.

S%CT'*N 2. Declaration of Policy.- )t is here"y declared that the State *alues the dignity of wo'en and childrenand guarantees full es+ect for hu'an rights. The State also recogni,es the need to +rotect the fa'ily and its 'e'"ers +articularly wo'en and children, ro' *iolence and threats to their +ersonal safety and security.

Towards this end, the State shall e-ert efforts to address *iolence co''itted against wo'en and children in #ee+ing with the unda'ental freedo's guaranteed under the (onstitution and the .ro*isions of the /ni*ersal 0eclaration of 1u'an 2ights, the con*ention on the 3li'ination of all for's of discri'ination !gainst &o'en, (on*ention on the 2ights of the (hild and other nternational hu'an rights instru'ents of which the .hili++ines is a +arty.

S%CT'*N 1. Definition of Terms.- !s used in this !ct, 4a5 $Violence against women and their children$ refers to any act or a series of acts co''itted "y any +erson against a wo'an who is his wife, for'er wife, or against a wo'an with who' the +erson has or had a se-ual or dating relationshi+, or with who' he has a co''on child, or against her child whether legiti'ate or illegiti'ate, within or without the fa'ily a"ode, which result in or is li#ely to result in +hysical, se-ual, +sychological har' or suffering, or econo'ic a"use including threats of such acts, "attery, assault, coercion, harass'ent or ar"itrary de+ri*ation of li"erty. )t includes, "ut is not li'ited to, the following acts !. $Physical Violence$ refers to acts that include "odily or +hysical har'6 B. $Se ual violence$ refers to an act which is se-ual in nature, co''itted against a wo'an or her child. )t

includes, "ut is not li'ited to

a5 ra+e, se-ual harass'ent, acts of lasci*iousness, treating a wo'an or her child as a se- o"7ect, 'a#ing de'eaning and se-ually suggesti*e re'ar#s, +hysically attac#ing the se-ual +arts of the *icti'8s "ody, forcing her9hi' to watch o"scene +u"lications and indecent shows or forcing the wo'an or her child to do indecent acts and9or 'a#e fil's thereof, forcing the wife and 'istress9lo*er to li*e in the con7ugal ho'e or slee+ together in the sa'e roo' with the a"user6 "5 acts causing or atte'+ting to cause the *icti' to engage in any se-ual acti*ity "y force, threat of force, +hysical or other har' or threat of +hysical or other har' or coercion6 c5 .rostituting the wo'an or child.

(. $Psychological violence$ refers to acts or o'issions causing or li#ely to cause 'ental or e'otional suffering of the *icti' such as "ut not li'ited to inti'idation, harass'ent, stal#ing, da'age to +ro+erty, +u"lic ridicule or hu'iliation, re+eated *er"al a"use and 'ental infidelity. )t includes causing or allowing the *icti' to witness the +hysical, se-ual or +sychological a"use of a 'e'"er of the fa'ily to which the *icti' "elongs, or to witness +ornogra+hy in any for' or to witness a"usi*e in7ury to +ets or to unlawful or unwanted de+ri*ation of the right to custody and9or *isitation of co''on children. 0. $!conomic abuse$ refers to acts that 'a#e or atte'+t to 'a#e a wo'an financially de+endent which includes, "ut is not li'ited to the following 1. withdrawal of financial su++ort or +re*enting the *icti' fro' engaging in any legiti'ate +rofession, occu+ation, "usiness or acti*ity, e-ce+t in cases wherein the other s+ouse9+artner o"7ects on *alid, serious and 'oral grounds as defined in !rticle :; of the <a'ily (ode6 2. de+ri*ation or threat of de+ri*ation of financial resources and the right to the use and en7oy'ent of the con7ugal, co''unity or +ro+erty owned in co''on6 ;. destroying household +ro+erty6 4. controlling the *icti's8 own 'oney or +ro+erties or solely controlling the con7ugal 'oney or +ro+erties. 4"5 $Battery$ refers to an act of inflicting +hysical har' u+on the wo'an or her child resulting to the +hysical and +sychological or e'otional distress. 4c5 $Battered "oman Syndrome$ refers to a scientifically defined +attern of +sychological and "eha*ioral sy'+to's found in wo'en li*ing in "attering relationshi+s as a result of cu'ulati*e a"use. 4d5 $Stal#ing$ refers to an intentional act co''itted "y a +erson who, #nowingly and without lawful 7ustification follows the wo'an or her child or +laces the wo'an or her child under sur*eillance directly or indirectly or a co'"ination thereof. 4e5 $Dating relationship$ refers to a situation wherein the +arties li*e as hus"and and wife without the "enefit of 'arriage or are ro'antically in*ol*ed o*er ti'e and on a continuing "asis during the course of the relationshi+. ! casual ac=uaintance or ordinary sociali,ation "etween two indi*iduals in a "usiness or social conte-t is not a dating relationshi+.

4f5 $Se ual relations$ refers to a single se-ual act which 'ay or 'ay not result in the "earing of a co''on child. 4g5 $Safe place or shelter$ refers to any ho'e or institution 'aintained or 'anaged "y the 0e+art'ent of Social &elfare and 0e*elo+'ent 40S&05 or "y any other agency or *oluntary organi,ation accredited "y the 0S&0 for the +ur+oses of this !ct or any other suita"le +lace the resident of which is willing te'+orarily to recei*e the *icti'. 4h5 $Children$ refers to those "elow eighteen 41>5 years of age or older "ut are inca+a"le of ta#ing care of the'sel*es as defined under 2e+u"lic !ct ?o. :@10. !s used in this !ct, it includes the "iological children of the *icti' and other children under her care.

S%CT'*N #. Construction.- This !ct shall "e li"erally construed to +ro'ote the +rotection and safety of *icti's of *iolence against wo'en and their children.

S%CT'*N 2. $cts of Violence $gainst "omen and Their Children.- The cri'e of *iolence against wo'en and their children is co''itted through any of the following acts 4a5 (ausing +hysical har' to the wo'an or her child6 4"5 Threatening to cause the wo'an or her child +hysical har'6 4c5 !tte'+ting to cause the wo'an or her child +hysical har'6 4d5 .lacing the wo'an or her child in fear of i''inent +hysical har'6

4e5 !tte'+ting to co'+el or co'+elling the wo'an or her child to engage in conduct which the wo'an or her child has the right to desist fro' or desist fro' conduct which the wo'an or her child has the right to engage in, or atte'+ting to restrict or restricting the wo'an8s or her child8s freedo' of 'o*e'ent or conduct "y force or threat of force, +hysical or other har' or threat of +hysical or other har', or inti'idation directed against the wo'an or child. This shall include, "ut not li'ited to, the following acts co''itted with the +ur+ose or effect of controlling or restricting the wo'an8s or her child8s 'o*e'ent or conduct 415 Threatening to de+ri*e or actually de+ri*ing the wo'an or her child of custody to her9his fa'ily6 425 0e+ri*ing or threatening to de+ri*e the wo'an or her children of financial su++ort legally due her or her fa'ily, or deli"erately +ro*iding the wo'an8s children insufficient financial su++ort6 4;5 0e+ri*ing or threatening to de+ri*e the wo'an or her child of a legal right6 445 .re*enting the wo'an in engaging in any legiti'ate +rofession, occu+ation, "usiness or acti*ity or controlling the *icti'8s own 'on4ey or +ro+erties, or solely controlling the con7ugal or co''on 'oney, or +ro+erties6 4f5 )nflicting or threatening to inflict +hysical har' on oneself for the +ur+ose of controlling her actions or decisions6 4g5 (ausing or atte'+ting to cause the wo'an or her child to engage in any se-ual acti*ity which does not constitute ra+e, "y force or threat of force, +hysical har', or through inti'idation directed against the wo'an or her child or her9his i''ediate fa'ily6 4h5 3ngaging in +ur+oseful, #nowing, or rec#less conduct, +ersonally or through another, that alar's or causes

su"stantial e'otional or +sychological distress to the wo'an or her child. This shall include, "ut not "e li'ited to, the following acts 415 Stal#ing or following the wo'an or her child in +u"lic or +ri*ate +laces6 425 .eering in the window or lingering outside the residence of the wo'an or her child6 4;5 3ntering or re'aining in the dwelling or on the +ro+erty of the wo'an or her child against her9his will6 445 0estroying the +ro+erty and +ersonal "elongings or inflicting har' to ani'als or +ets of the wo'an or her child6 and 455 3ngaging in any for' of harass'ent or *iolence6

4i5 (ausing 'ental or e'otional anguish, +u"lic ridicule or hu'iliation to the wo'an or her child, including, "ut not li'ited to, re+eated *er"al and e'otional a"use, and denial of financial su++ort or custody of 'inor children of access to the wo'an8s child9children.

S%CT'*N 6. Penalties.- The cri'e of *iolence against wo'en and their children, under Section 5 hereof shall "e +unished according o the following rules 4a5 !cts falling under Section 54a5 constituting atte'+ted, frustrated or consu''ated +arricide or 'urder or ho'icide shall "e +unished in accordance with the +ro*isions of the 2e*ised .enal (ode. )f these acts resulted in 'utilation, it shall "e +unisha"le in accordance with the 2e*ised .enal (ode6 those constituting serious +hysical in7uries shall ha*e the +enalty of +rison 'ayor6 those constituting less serious +hysical in7uries shall "e +unished "y +rision correccional6 and those constituting slight +hysical in7uries shall "e +unished "y arresto 'ayor. !cts falling under Section 54"5 shall "e +unished "y i'+rison'ent of two degrees lower than the +rescri"ed +enalty for the consu''ated cri'e as s+ecified in the +receding +aragra+h "ut shall in no case "e lower than arresto 'ayor. 4"5 !cts falling under Section 54c5 and 54d5 shall "e +unished "y arresto 'ayor6 4c5 !cts falling under Section 54e5 shall "e +unished "y +rision correccional6 4d5 !cts falling under Section 54f5 shall "e +unished "y arresto 'ayor6 4e5 !cts falling under Section 54g5 shall "e +unished "y +rision 'ayor6 4f5 !cts falling under Section 54h5 and Section 54i5 shall "e +unished "y +rision 'ayor. )f the acts are co''itted while the wo'an or child is +regnant or co''itted in the +resence of her child, the +enalty to "e a++lied shall "e the 'a-i'u' +eriod of +enalty +rescri"ed in the section. )n addition to i'+rison'ent, the +er+etrator shall 4a5 +ay a fine in the a'ount of not less than Ane hundred thousand +esos 4.100,000.005 "ut not 'ore than three hundred thousand +esos 4;00,000.0056 4"5 undergo 'andatory +sychological counseling or +sychiatric treat'ent and shall re+ort co'+liance to the court.

S%CT'*N 3. Venue.- The 2egional Trial (ourt designated as a <a'ily (ourt shall ha*e original and e-clusi*e 7urisdiction o*er cases of *iolence against wo'en and their children under this law. )n the a"sence of such court in the +lace where the offense was co''itted, the case shall "e filed in the 2egional Trial (ourt where the cri'e or any of its ele'ents was co''itted at the o+tion of he co'+liant.

S%CT'*N !. Protection %rders.- ! +rotection order is an order issued under this act for the +ur+ose of +re*enting further acts of *iolence against a wo'an or her child s+ecified in Section 5 of this !ct and granting other necessary relief. The relief granted under a +rotection order ser*e the +ur+ose of safeguarding the *icti' fro' further har', 'ini'i,ing any disru+tion in the *icti'8s daily life, and facilitating the o++ortunity and a"ility of the *icti' to inde+endently regain control o*er her life. The +ro*isions of the +rotection order shall "e enforced "y law enforce'ent agencies. The +rotection orders that 'ay "e issued under this !ct are the "arangay +rotection order 4B.A5, te'+orary +rotection order 4T.A5 and +er'anent +rotection order 4..A5. The +rotection orders that 'ay "e ssued under this !ct shall include any, so'e or all of the following reliefs 4a5 .rohi"ition of the res+ondent fro' threatening to co''it or co''itting, +ersonally or through another, any of the acts 'entioned in Section 5 of this !ct6 4"5 .rohi"ition of the res+ondent fro' harassing, annoying, tele+honing, contacting or otherwise co''unicating with the +etitioner, directly or indirectly6 4c5 2e'o*al and e-clusion of the res+ondent fro' the residence of the +etitioner, regardless of ownershi+ of the residence, either te'+orarily for the +ur+ose of +rotecting the +etitioner, or +er'anently where no +ro+erty rights are *iolated, and if res+ondent 'ust re'o*e +ersonal effects fro' the residence, the court shall direct a law enforce'ent agent to acco'+any the res+ondent has gathered his things and escort res+ondent fro' the residence6 4d5 0irecting the res+ondent to stay away fro' +etitioner and designated fa'ily or household 'e'"er at a distance s+ecified "y the court, and to stay away fro' the residence, school, +lace of e'+loy'ent, or any s+ecified +lace fre=uented "y the +etitioner and any designated fa'ily or household 'e'"er6

4e5 0irecting lawful +ossession and use "y +etitioner of an auto'o"ile and other essential +ersonal effects, regardless of ownershi+, and directing the a++ro+riate law enforce'ent officer to acco'+any the +etitioner to the residence of the +arties to ensure that the +etitioner is safely restored to the +ossession of the auto'o"ile and other essential +ersonal effects, or to su+er*ise the +etitioner8s or res+ondent8s re'o*al of +ersonal "elongings6 4f5 Branting a te'+orary or +er'anent custody of a child9children to the +etitioner6 4g5 0irecting the res+ondent to +ro*ide su++ort to the wo'an and9or her child if entitled to legal su++ort. ?otwithstanding other laws to the contrary, the court shall order an a++ro+riate +ercentage of the inco'e or salary of the res+ondent to "e withheld regularly "y the res+ondent8s e'+loyer for the sa'e to "e auto'atically re'itted directly to the wo'an. <ailure to re'it and9or withhold or any delay in the re'ittance of su++ort to the wo'an and9or her child without 7ustifia"le cause shall render the res+ondent or his e'+loyer lia"le for indirect conte'+t of court6 4h5 .rohi"ition of the res+ondent fro' any use or +ossession of any firear' or deadly wea+on and order hi' to surrender the sa'e to the court for a++ro+riate dis+osition "y the court, including re*ocation of license and dis=ualification to a++ly for any license to use or +ossess a firear'. )f the offender is a law enforce'ent agent, the court shall order the offender to surrender his firear' and shall direct the a++ro+riate authority to in*estigate on the offender and ta#e a++ro+riate action on 'atter6 4i5 2estitution for actual da'ages caused "y the *iolence inflicted, including, "ut not li'ited to, +ro+erty da'age, 'edical e-+enses, childcare e-+enses and loss of inco'e6

475 0irecting the 0S&0 or any a++ro+riate agency to +ro*ide +etitioner 'ay need6 and 4#5 .ro*ision of such other for's of relief as the court dee's necessary to +rotect and +ro*ide for the safety of the +etitioner and any designated fa'ily or household 'e'"er, +ro*ided +etitioner and any designated fa'ily or household 'e'"er consents to such relief. !ny of the reliefs +ro*ided under this section shall "e granted e*en in the a"sence of a decree of legal se+aration or annul'ent or declaration of a"solute nullity of 'arriage. The issuance of a B.A or the +endency of an a++lication for B.A shall not +reclude a +etitioner fro' a++lying for, or the court fro' granting a T.A or ..A.

S%CT'*N 9. "ho may file Petition for Protection %rders . C ! +etition for +rotection order 'ay "e filed "y any of the following 4a5 the offended +arty6 4"5 +arents or guardians of the offended +arty6 4c5 ascendants, descendants or collateral relati*es within the fourth ci*il degree of consanguinity or affinity6 4d5 officers or social wor#ers of the 0S&0 or social wor#ers of local go*ern'ent units 4DB/s56 4e5 +olice officers, +refera"ly those in charge of wo'en and children8s des#s6 4f5 Punong Barangay or Barangay &agawad6 4g5 lawyer, counselor, thera+ist or healthcare +ro*ider of the +etitioner6 4h5 !t least two 425 concerned res+onsi"le citi,ens of the city or 'unici+ality where the *iolence against wo'en and their children occurred and who has +ersonal #nowledge of the offense co''itted.

S%CT'*N 0 . "here to $pply for a Protection %rder. C !++lications for B.As shall follow the rules on *enue under Section 40E of he Docal Bo*ern'ent (ode of 1EE1 and its i'+le'enting rules and regulations. !n a++lication for a T.A or ..A 'ay "e filed in the egional trial court, 'etro+olitan trial court, 'unici+al trial court, 'unici+al circuit trial court with territorial 7urisdiction o*er the +lace of esidence of the +etitioner .ro*ided, howe*er, That if a fa'ily court e-ists in the +lace of residence of the +etitioner, the a++lication shall "e filed with that court.

S%CT'*N 00. How to $pply for a Protection %rder. C The a++lication for a +rotection order 'ust "e in writing, signed and *erified under oath "y the a++licant. )t 'ay "e filed as an inde+endent action or as incidental relief in any ci*il or cri'inal case the su"7ect 'atter or issues thereof +arta#es of a *iolence as descri"ed in this !ct. ! standard +rotection order a++lication for', written in 3nglish with translation to the 'a7or local languages, shall "e 'ade a*aila"le to facilitate a++lications for +rotections order, and shall contain, a'ong other, the following infor'ation 4a5 na'es and addresses of +etitioner and res+ondent6 4"5 descri+tion of relationshi+s "etween +etitioner and res+ondent6 4c5 a state'ent of the circu'stances of the a"use6

4d5 descri+tion of the reliefs re=uested "y +etitioner as s+ecified in Section > herein6 4e5 re=uest for counsel and reasons for such6 4f5 re=uest for wai*er of a++lication fees until hearing6 and 4g5 an attestation that there is no +ending a++lication for a +rotection order in another court.

f the a++licants is not the *icti', the a++lication 'ust "e acco'+anied "y an affida*it of the a++licant attesting to 4a5 the circu'stances of the a"use suffered "y the *icti' and 4"5 the circu'stances of consent gi*en "y the *icti' for the filling of the a++lication. &hen disclosure of the address of the *icti' will +ose danger to her life, it shall "e so stated in the a++lication. )n such a case, the a++licant shall attest that the *icti' is residing in the 'unici+ality or city o*er which court has territorial 7urisdiction, and shal +ro*ide a 'ailing address for +ur+ose of ser*ice +rocessing.

!n a++lication for +rotection order filed with a court shall "e considered an a++lication for "oth a T.A and ..A.

Barangay officials and court +ersonnel shall assist a++licants in the +re+aration of the a++lication. Daw enforce'ent agents shall also e-tend assistance in the a++lication for +rotection orders in cases "rought to their attention.

S%CT'*N 02. !nforceability of Protection %rders. C !ll T.As and ..As issued under this !ct shall "e enforcea"le anywhere in the .hili++ines and a *iolation thereof shall "e +unisha"le with a fine ranging fro' <i*e Thousand .esos 4.5,000.005 to <ifty Thousand .esos 4.50,000.005 and9or i'+rison'ent of si- 4@5 'onths.

S%CT'*N 01. 'egal Representation of Petitioners for Protection %rder . C )f the wo'an or her child re=uests in the a++lications for a +rotection order for the a++oint'ent of counsel "ecause of lac# of econo'ic 'eans to hire a counsel de +arte, the court shall ''ediately direct the .u"lic !ttorney8s Affice 4.!A5 to re+resent the +etitioner in the hearing on the a++lication. )f the .!A deter'ines that the a++licant can afford to hire the ser*ices of a counsel de +arte, it shall facilitate the legal re+resentation of the +etitioner "y a counsel de +arte. The lac# of access to fa'ily or con7ugal resources "y the a++licant, such as when the sa'e are controlled "y the +er+etrator, shall =ualify the +etitioner to legal re+resentation "y the .!A.

1owe*er, a +ri*ate counsel offering free legal ser*ice is not "arred fro' re+resenting the +etitioner.

S%CT'*N 0#. Barangay Protection %rders (BP%s)* "ho +ay ,ssue and How- . Barangay .rotection Arders 4B.As5 refer to the +rotection order issued "y the Punong Barangay ordering the +er+etrator to desist fro' co''itting acts under Section 5 4a5 and 4"5 of this !ct. ! Punong Barangay who recei*es a++lications for a B.A shall issue the +rotection order to the a++licant on the date of iling after e parte deter'ination of the "asis of the a++lication. )f the Punong Barangay is una*aila"le to act on the a++lication for a B.A, the a++lication shall "e acted u+on "y any a*aila"le Barangay &agawad- )f the B.A is issued "y a Barangay &agawad the order 'ust "e acco'+anied "y an attestation "y the Barangay &agawad that the Punong Barangay was una*aila"le at the ti'e for he issuance of the B.A. B.As shall "e effecti*e for fifteen 4155 days. )''ediately after the issuance of an e parte B.A, he Punong Barangay or Barangay &agawad shall +ersonally ser*e a co+y of the sa'e on the res+ondent, or direct any "arangay official to effect is +ersonal ser*ice.

The +arties 'ay "e acco'+anied "y a non-lawyer ad*ocate in any +roceeding "efore the .unong Barangay.

S%CT'*N 02. Temporary Protection %rders- / Te'+orary .rotection Arders 4T.As5 refers to the +rotection order issued "y the court on the date of filing of the a++lication after e parte deter'ination that such order should "e issued. ! court 'ay grant in a T.A any, so'e or all of the reliefs 'entioned in this !ct and shall "e effecti*e for thirty 4;05 days. The court shall schedule a hearing on the ssuance of a ..A +rior to or on the date of the e-+iration of the T.A. The court shall order the i''ediate +ersonal ser*ice of the T.A on the res+ondent "y the court sheriff who 'ay o"tain the assistance of law enforce'ent agents for the ser*ice. The T.A shall

nclude notice of the date of the hearing on the 'erits of the issuance of a ..A.

S%CT'*N 06. Permanent Protection %rders. C .er'anent .rotection Arder 4..A5 refers to +rotection order issued "y the court after notice and hearing.

2es+ondents non-a++earance des+ite +ro+er notice, or his lac# of a lawyer, or the non-a*aila"ility of his lawyer shall not "e a ground or rescheduling or +ost+oning the hearing on the 'erits of the issuance of a ..A. )f the res+ondents a++ears without counsel on the date of the hearing on the ..A, the court shall a++oint a lawyer for the res+ondent and i''ediately +roceed with the hearing. )n case the res+ondent fails to a++ear des+ite +ro+er notice, the court shall allow e- +arte +resentation of the e*idence "y the a++licant and render 7udg'ent on the "asis of the e*idence +resented. The court shall allow the introduction of any history of a"usi*e conduct of a res+ondent e*en if the sa'e was not directed against the a++licant or the +erson for who' the a++licant is 'ade.

The court shall, to the e-tent +ossi"le, conduct the hearing on the 'erits of the issuance of a ..A in one 415 day. &here the court is una"le to conduct the hearing within one 415 day and the T.A issued is due to e-+ire, the court shall continuously e-tend or renew he T.A for a +eriod of thirty 4;05 days at each +articular ti'e until final 7udg'ent is issued. The e-tended or renewed T.A 'ay "e 'odified "y the court as 'ay "e necessary or a++lica"le to address the needs of the a++licant.

The court 'ay grant any, so'e or all of the reliefs s+ecified in Section > hereof in a ..A. ! ..A shall "e effecti*e until re*o#ed "y a court u+on a++lication of the +erson in whose fa*or the order was issued. The court shall ensure i''ediate +ersonal ser*ice of the ..A on res+ondent.

The court shall not deny the issuance of +rotection order on the "asis of the la+se of ti'e "etween the act of *iolence and the filing of he a++lication.

2egardless of the con*iction or ac=uittal of the res+ondent, the (ourt 'ust deter'ine whether or not the ..A shall "eco'e final. 3*en in a dis'issal, a ..A shall "e granted as long as there is no clear showing that the act fro' which the order 'ight arise did not e-ist.

S%CT'*N 03. 0otice of Sanction in Protection %rders. C The following state'ent 'ust "e +rinted in "old-faced ty+e or in ca+ital etters on the +rotection order issued "y the Punong Barangay or court $)'*+AT'*N *& T-'S *R$%R 'S P.N'S-A/+% /4 +A, .$

S%CT'*N 0!. +andatory Period 1or $cting on $pplications 1or Protection %rders C <ailure to act on an a++lication for a +rotection order within the regle'entary +eriod s+ecified in the +re*ious section without 7ustifia"le cause shall render the official or 7udge ad'inistrati*ely lia"le.

S%CT'*N 09. 'egal Separation Cases. C )n cases of legal se+aration, where *iolence as s+ecified in this !ct is alleged, !rticle 5> of he <a'ily (ode shall not a++ly. The court shall +roceed on the 'ain case and other incidents of the case as soon as +ossi"le. The hearing on any a++lication for a +rotection order filed "y the +etitioner 'ust "e conducted within the 'andatory +eriod s+ecified in his !ct.

S%CT'*N 2 . Priority of $pplication for a Protection %rder- C 3- +arte and ad*ersarial hearings to deter'ine the "asis of a++lications or a +rotection order under this !ct shall ha*e +riority o*er all other +roceedings. Barangay officials and the courts shall schedule and conduct hearings on a++lications for a +rotection order under this !ct a"o*e all other "usiness and, if necessary, sus+end other +roceedings in order to hear a++lications for a +rotection order.

S%CT'*N 20. Violation of Protection %rders. C ! co'+laint for a *iolation of a B.A issued under this !ct 'ust "e filed directly with any 'unici+al trial court, 'etro+olitan trial court, or 'unici+al circuit trial court that has territorial 7urisdiction o*er the "arangay that ssued the B.A. %iolation of a B.A shall "e +unisha"le "y i'+rison'ent of thirty 4;05 days without +re7udice to any other cri'inal or

ci*il action that the offended +arty 'ay file for any of the acts co''itted.

! 7udge'ent of *iolation of a B.A 'a "e a++ealed according to the 2ules of (ourt. 0uring trial and u+on 7udg'ent, the trial court 'ay 'otu +ro+rio issue a +rotection order as it dee's necessary without need of an a++lication.

%iolation of any +ro*ision of a T.A or ..A issued under this !ct shall constitute conte'+t of court +unisha"le under 2ule :1 of the 2ules of (ourt, without +re7udice to any other cri'inal or ci*il action that the offended +arty 'ay file for any of the acts co''itted.

S%CT'*N 22. $pplicability of Protection %rders to Criminal Cases- C The foregoing +ro*isions on +rotection orders shall "e a++lica"le in i'+liedly instituted with the cri'inal actions in*ol*ing *iolence against wo'en and their children.

S%CT'*N 21. Bond to &eep the Peace. C The (ourt 'ay order any +erson against who' a +rotection order is issued to gi*e a "ond o #ee+ the +eace, to +resent two sufficient sureties who shall underta#e that such +erson will not co''it the *iolence sought to "e +re*ented.

Should the res+ondent fail to gi*e the "ond as re=uired, he shall "e detained for a +eriod which shall in no case e-ceed si- 4@5 'onths, if he shall ha*e "een +rosecuted for acts +unisha"le under Section 54a5 to 54f5 and not e-ceeding thirty 4;05 days, if for acts +unisha"le under Section 54g5 to 54)5.

The +rotection orders referred to in this section are the T.As and the ..As issued only "y the courts.

S%CT'*N 2#. Prescriptive Period- C !cts falling under Sections 54a5 to 54f5 shall +rescri"e in twenty 4205 years. !cts falling under Sections 54g5 to 54)5 shall +rescri"e in ten 4105 years.

S%CT'*N 22. Public Crime. C %iolence against wo'en and their children shall "e considered a +u"lic offense which 'ay "e +rosecuted u+on the filing of a co'+laint "y any citi,en ha*ing +ersonal #nowledge of the circu'stances in*ol*ing the co''ission of he cri'e.

S%CT'*N 26. Battered "oman Syndrome as a Defense. C %icti'-sur*i*ors who are found "y the courts to "e suffering fro' "attered wo'an syndro'e do not incur any cri'inal and ci*il lia"ility notwithstanding the a"sence of any of the ele'ents for 7ustifying circu'stances of self-defense under the 2e*ised .enal (ode.

n the deter'ination of the state of 'ind of the wo'an who was suffering fro' "attered wo'an syndro'e at the ti'e of the co''ission of the cri'e, the courts shall "e assisted "y e-+ert +sychiatrists9 +sychologists.

S%CT'*N 23. Prohibited Defense. C Being under the influence of alcohol, any illicit drug, or any other 'ind-altering su"stance shall not "e a defense under this !ct.

S%CT'*N 2!. Custody of children. C The wo'an *icti' of *iolence shall "e entitled to the custody and su++ort of her child9children. (hildren "elow se*en 4:5 years old older "ut with 'ental or +hysical disa"ilities shall auto'atically "e gi*en to the 'other, with right o su++ort, unless the court finds co'+elling reasons to order otherwise.

! *icti' who is suffering fro' "attered wo'an syndro'e shall not "e dis=ualified fro' ha*ing custody of her children. )n no case shall custody of 'inor children "e gi*en to the +er+etrator of a wo'an who is suffering fro' Battered wo'an syndro'e.

S%CT'*N 29. Duties of Prosecutors2Court Personnel . C .rosecutors and court +ersonnel should o"ser*e the following duties when dealing with *icti's under this !ct

a5 co''unicate with the *icti' in a language understood "y the wo'an or her child6 and "5 infor' the *icti' of her9his rights including legal re'edies a*aila"le and +rocedure, and +ri*ileges for indigent litigants.

S%CT'*N 1 . Duties of Barangay %fficials and 'aw !nforcers . C Barangay officials and law enforcers shall ha*e the following duties 4a5 res+ond i''ediately to a call for hel+ or re=uest for assistance or +rotection of the *icti' "y entering the necessary whether or not a +rotection order has "een issued and ensure the safety of the *icti'9s6 4"5 confiscate any deadly wea+on in the +ossession of the +er+etrator or within +lain *iew6 4c5 trans+ort or escort the *icti'9s to a safe +lace of their choice or to a clinic or hos+ital6 4d5 assist the *icti' in re'o*ing +ersonal "elongs fro' the house6 4e5 assist the "arangay officials and other go*ern'ent officers and e'+loyees who res+ond to a call for hel+6 4f5 ensure the enforce'ent of the .rotection Arders issued "y the Punong Barangy or the courts6 4g5 arrest the sus+ected +er+etrator wiithout a warrant when any of the acts of *iolence defined "y this !ct is occurring, or when he9she has +ersonal #nowledge that any act of a"use has 7ust "een co''itted, and there is i''inent danger to the life or li'" of the *icti' as defined in this !ct6 and 4h5 i''ediately re+ort the call for assess'ent or assistance of the 0S&0, social &elfare 0e+art'ent of DB/s or accredited non-go*ern'ent organi,ations 4?BAs5.

!ny "arangay official or law enforcer who fails to re+ort the incident shall "e lia"le for a fine not e-ceeding Ten Thousand .esos .10,000.005 or whene*er a++lica"le cri'inal, ci*il or ad'inistrati*e lia"ility.

S%CT'*N 10. Healthcare Provider Response to $buse C !ny healthcare +ro*ider, including, "ut not li'ited to, an attending +hysician, nurse, clinician, "arangay health wor#er, thera+ist or counselor who sus+ects a"use or has "een infor'ed "y the *icti' of *iolence shall 4a5 +ro+erly docu'ent any of the *icti'8s +hysical, e'otional or +sychological in7uries6 4"5 +ro+erly record any of *icti'8s sus+icions, o"ser*ations and circu'stances of the e-a'ination or *isit6 4c5 auto'atically +ro*ide the *icti' free of charge a 'edical certificate concerning the e-a'ination or *isit6 4d5 safeguard the records and 'a#e the' a*aila"le to the *icti' u+on re=uest at actual cost6 and 4e5 +ro*ide the *icti' i''ediate and ade=uate notice of rights and re'edies +ro*ided under this !ct, and ser*ices a*aila"le to the'.

S%CT'*N 12. Duties of %ther 3overnment $gencies and '34s C Ather go*ern'ent agencies and DB/s shall esta"lish +rogra's such as, "ut not li'ited to, education and infor'ation ca'+aign and se'inars or sy'+osia on the nature, causes, incidence and conse=uences of such *iolence +articularly towards educating the +u"lic on its social i'+acts.

t shall "e the duty of the concerned go*ern'ent agencies and DB/8s to ensure the sustained education and training of their officers and +ersonnel on the +re*ention of *iolence against wo'en and their children under the !ct.

S%CT'*N 11. Prohibited $cts- / ! Punong Barangay5 Barangay &agawad or the court hearing an a++lication for a +rotection order shall not order, direct, force or in any way unduly influence he a++licant for a +rotection order to co'+ro'ise or a"andon any of the eliefs sought in the a++lication for +rotection under this !ct. Section : of the <a'ily (ourts !ct of 1EE: and Sections 410, 411, 412 and 41; of the Docal Bo*ern'ent (ode of 1EE1 shall not a++ly in +roceedings where relief is sought under this !ct.

<ailure to co'+ly with this Section shall render the official or 7udge ad'inistrati*ely lia"le.

S%CT'*N 1#. Persons ,ntervening ! empt from 'iability- / )n e*ery case of *iolence against wo'en and their children as herein defined, any +erson, +ri*ate indi*idual or +olice authority or "arangay official who, acting in accordance with law, res+onds or nter*enes without using *iolence or restraint greater than necessary to ensure the safety of the *icti', shall not "e lia"le for any cri'inal, ci*il or ad'inistrati*e lia"ility resulting therefro'.

S%CT'*N 12. Rights of Victims- / )n addition to their rights under e-isting laws, *icti's of *iolence against wo'en and their children shall ha*e the following rights 4a5 to "e treated with res+ect and dignity6 4"5 to a*ail of legal assistance for' the .!A of the 0e+art'ent of Justice 40AJ5 or any +u"lic legal assistance office6 4c5 To "e entitled to su++ort ser*ices for' the 0S&0 and DB/s8 4d5 To "e entitled to all legal re'edies and su++ort as +ro*ided for under the <a'ily (ode6 and

4e5 To "e infor'ed of their rights and the ser*ices a*aila"le to the' including their right to a++ly for a +rotection order.

S%CT'*N 16. Damages- / !ny *icti' of *iolence under this !ct shall "e entitled to actual, co'+ensatory, 'oral and e-e'+lary da'ages.

S%CT'*N 13. Hold Departure %rder- / The court shall e-+edite the +rocess of issuance of a hold de+arture order in cases +rosecuted under this !ct.

S%CT'*N 1!. ! emption from Payment of Doc#et 1ee and %ther ! penses- / )f the *icti' is an indigent or there is an i''ediate necessity due to i''inent danger or threat of danger to act on an a++lication for a +rotection order, the court shall acce+t the a++lication without +ay'ent of the filing fee and other fees and of transcri+t of stenogra+hic notes.

S%CT'*N 19. ,nter.$gency Council on Violence $gainst "omen and Their Children (,$C.V$"C)- )n +ursuance of the a"o*e'entioned +olicy, there is here"y esta"lished an )nter-!gency (ouncil on %iolence !gainst &o'en and their children, hereinafter #nown as the (ouncil, which shall "e co'+osed of the following agencies 4a5 0e+art'ent of Social &elfare and 0e*elo+'ent 40S&056 4"5 ?ational (o''ission on the 2ole of <ili+ino &o'en 4?(2<&56 4c5 (i*il Ser*ice (o''ission 4(S(56

4d5 (o''ission on 1u'an rights 4(125 4e5 (ouncil for the &elfare of (hildren 4(&(56 4f5 0e+art'ent of Justice 40AJ56 4g5 0e+art'ent of the )nterior and Docal Bo*ern'ent 40)DB56 4h5 .hili++ine ?ational .olice 4.?.56 4i5 0e+art'ent of 1ealth 40A156 475 0e+art'ent of 3ducation 40e+3d56 4#5 0e+art'ent of Da"or and 3'+loy'ent 40AD356 and 4l5 ?ational Bureau of )n*estigation 4?B)5.

These agencies are tas#ed to for'ulate +rogra's and +ro7ects to eli'inate %!& "ased on their 'andates as well as de*elo+ ca+a"ility +rogra's for their e'+loyees to "eco'e 'ore sensiti*e to the needs of their clients. The (ouncil will also ser*e as the 'onitoring "ody as regards to %!& initiati*es.

The (ouncil 'e'"ers 'ay designate their duly authori,ed re+resentati*e who shall ha*e a ran# not lower than an assistant secretary or its e=ui*alent. These re+resentati*es shall attend (ouncil 'eetings in their "ehalf, and shall recei*e e'olu'ents as 'ay "e deter'ined "y the (ouncil in accordance with e-isting "udget and accounting rules and regulations.

S%CT'*N # . +andatory Programs and Services for Victims- / The 0S&0, and DB/8s shall +ro*ide the *icti's te'+orary shelters, +ro*ide counseling, +sycho-social ser*ices and 9or, reco*ery, reha"ilitation +rogra's and li*elihood assistance.

The 0A1 shall +ro*ide 'edical assistance to *icti's.

S%CT'*N #0. Counseling and Treatment of %ffenders- / The 0S&0 shall +ro*ide reha"ilitati*e counseling and treat'ent to +er+etrators towards learning constructi*e ways of co+ing with anger and e'otional out"ursts and refor'ing their ways. &hen necessary, the offender shall "e ordered "y the (ourt to su"'it to +sychiatric treat'ent or confine'ent.

S%CT'*N #2. Training of Persons ,nvolved in Responding to Violence $gainst "omen and their Children Cases- / !ll agencies n*ol*ed in res+onding to *iolence against wo'en and their children cases shall "e re=uired to undergo education and training to ac=uaint the' with a. the nature, e-tend and causes of *iolence against wo'en and their children6 ". the legal rights of, and re'edies a*aila"le to, *icti's of *iolence against wo'en and their children6 c. the ser*ices and facilities a*aila"le to *icti's or sur*i*ors6 d. the legal duties i'+osed on +olice officers to 'a#e arrest and to offer +rotection and assistance6 and e. techni=ues for handling incidents of *iolence against wo'en and their children that 'ini'i,e the li#elihood of in7ury

to the officer and +ro'ote the safety of the *icti' or sur*i*or.

The .?., in coordination with DB/8s shall esta"lish an education and training +rogra' for +olice officers and "arangay officials to ena"le the' to +ro+erly handle cases of *iolence against wo'en and their children.

S%CT'*N #1. !ntitled to 'eave- / %icti's under this !ct shall "e entitled to ta#e a +aid lea*e of a"sence u+ to ten 4105 days in addition to other +aid lea*es under the Da"or (ode and (i*il Ser*ice 2ules and 2egulations, e-tendi"le when the necessity arises as s+ecified in the +rotection order.

!ny e'+loyer who shall +re7udice the right of the +erson under this section shall "e +enali,ed in accordance with the +ro*isions of he Da"or (ode and (i*il Ser*ice 2ules and 2egulations. Di#ewise, an e'+loyer who shall +re7udice any +erson for assisting a coe'+loyee who is a *icti' under this !ct shall li#ewise "e lia"le for discri'ination.

S%CT'*N ##. Confidentiality- / !ll records +ertaining to cases of *iolence against wo'en and their children including those in the "arangay shall "e confidential and all +u"lic officers and e'+loyees and +u"lic or +ri*ate clinics to hos+itals shall res+ect the right to +ri*acy of the *icti'. &hoe*er +u"lishes or causes to "e +u"lished, in any for'at, the na'e, address, tele+hone nu'"er, school, "usiness address, e'+loyer, or other identifying infor'ation of a *icti' or an i''ediate fa'ily 'e'"er, without the latter8s consent, shall "e lia"le to the conte'+t +ower of the court.

!ny +erson who *iolates this +ro*ision shall suffer the +enalty of one 415 year i'+rison'ent and a fine of not 'ore than <i*e 1undred Thousand +esos 4.500,000.005.

S%CT'*N #2. 1unding / The a'ount necessary to i'+le'ent the +ro*isions of this !ct shall "e included in the annual Beneral !++ro+riations !ct 4B!!5.

The Bender and 0e*elo+'ent 4B!05 Budget of the 'andated agencies and DB/8s shall "e used to i'+le'ent ser*ices for *icti' of *iolence against wo'en and their children.

S%CT'*N #6. ,mplementing Rules and Regulations- C &ithin si- 4@5 'onths fro' the a++ro*al of this !ct, the 0AJ, the ?(2<&, the 0S&0, the 0)DB, the 0A1, and the .?., and three 4;5 re+resentati*es fro' ?BAs to "e identified "y the ?(2<&, shall +ro'ulgate he )'+le'enting 2ules and 2egulations 4)225 of this !ct.

S%CT'*N #3. Suppletory $pplication / <or +ur+oses of this !ct, the 2e*ised .enal (ode and other a++lica"le laws, shall ha*e su++letory a++lication.

S%CT'*N #!. Separability Clause- / )f any section or +ro*ision of this !ct is held unconstitutional or in*alid, the other sections or +ro*isions shall not "e affected.

S%CT'*N #9. Repealing Clause / !ll laws, .residential decrees, e-ecuti*e orders and rules and regulations, or +arts thereof, nconsistent with the +ro*isions of this !ct are here"y re+ealed or 'odified accordingly.

S%CT'*N 2 . !ffectivity / This !ct shall ta#e effect fifteen 4155 days fro' the date of its co'+lete +u"lication in at least two 425 news+a+ers of general circulation.

!++ro*ed, 5*S% $% )%N%C'A 5R. &RAN6+'N $R'+*N

S+ea#er of the 1ouse of 2e+resentati*es

.resident of the Senate

This !ct, which is a consolidation of Senate Bill ?o. 2:2; and 1ouse Bill ?os. 551@ and @054, was finally +assed "y the Senate and he 1ouse of 2e+resentati*es on January 2E, 2004 and <e"ruary 2, 2004, res+ecti*ely. R*/%RT* P. NA7AR%N* Secretary Beneral 1ouse of 2e+resenati*es !++ro*ed March 0>, 2004 (+*R'A MACAPA(A+8ARR*4* President of the Philippines *SCAR (. 4A/%S Secretary of Senate

The Daw+hil .ro7ect - !rellano Daw <oundation