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ANTI-VIOLENCE AGAINST WOMEN & CHILDREN ACT OF

2004

Q: What is RA 9262?
A. It is a special law, otherwise known as ANTI-VIOLENCE
AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004
(ANTI-VAWC), which penalizes as a public crime certain acts
of violence against women and their children.
Q: WHEN WAS THE LAW SIGNED AND BECAME EFFECTIVE?
A: The law was signed last march 8, 2004; it took effect on
MARCH 27.
Q: WHAT IS VIOLENCE AGAINST WOMEN & THEIR
CHILDREN
A: (VAWC) is any act or a series of acts committed against the
victim 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.
Q: WHO IS THE WOMAN VICTIM PROTECTED UNDER THIS
LAW?
a. Wife
b. Former wife
c. A woman with whom the offender has or had a sexual or
dating relationship, or
d. A woman with whom the offender has a common child, or
e. The womans child, whether legitimate or illegitimate.
Q: WHO ARE THE CHILDREN VICTIMS PROTECTED
UNDER THE LAW?

A. Children means abused womans children, boy or girl

alike, below 18 years old, legitimate or illegitimate, or
other children who live with the woman or under her care.
Q:

WHO IS THE OFFENDER?

A: The following can be held liable for violation of RA 9262?

a.
b.
c.
d.
e.
f.
g.

Husband
Former boyfriend
Boy friend
Ex-boyfriend
Live-in partner or ex live in partner
One with whom the woman has a common child;
One with whom the woman has/had sexual or dating
relationship

Q: CAN A WOMAN LIABLE FOR COMMITTING VIOLATION

OF RA 9262?
A. Yes, a lesbian partner / girlfriend or ex-lesbian partner/
girlfriend can also be held liable for committing act or a
series of acts against another woman with whom the lesbian
has or had a sexual or dating relationship.
Q:

WHAT DOES PUBLIC CRIME MEAN?

a. Any Citizen who has personal knowledge of the crime can
file a criminal complaint.
Q: WHERE IS VAWC COMMITTED?
A: VAWC is committed within the dwelling abode or any other
place outside thereof?
Q: WHAT IS BATTERY?

A. Battery refers to an act of inflicting physical harm upon the

woman or her child resulting to physical and psychological or
emotional distress.
Q: HOW IS STALKING DEFINED?
A. 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 surveillance directly or indirectly or a combination
thereof.
Q: HOW IS DATING RELATIONSHIP DEFINED?
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
Q: WHAT IS SEXUAL RELATION - refers to a single sexual act
which may or may not result in the bearing of a common child.
Q HOW IS SAFE PLACE OR SHELTER DEFINED?
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 purpose of this act
or any other suitable place the resident of which is willing
temporarily to receive the victim.
Q. WHAT ARE THE FORMS OF VAWC

A: VIOLENCE AGAINST WOMEN & THEIR CHILDREN CAN BE

DESCRIBED IN THE FOLLOWING FORMS;
1. Physical Violence- acts that include bodily or physical harm
2. Sexual Violence- act which is sexual in nature committed
against a woman or her child.
3. Psychological Violence- acts or omissions causing or likely to
cause mental or emotional suffering of the victim.
4. Economic Abuse refers to acts that make or attempt to
make a woman financially dependent.
Q: HOW IS SEXUAL VIOLENCE COMMITTED IN THE
MANNER;
a.
b.
c.
d.
e.
f.
g.

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 victims body
Forcing the woman or her child to watch obscene
publications and indecent shows
h. Forcing the woman or her child to do indecent acts and or
make films thereof
i. Forcing the wife and mistress lover to live in the conjugal
home or sleep together in the same room with the abuser;
j. Causing or attempting to cause the victim to engage in any
sexual activity by force or other harm or threat of physical
or other harm or coercion;
k. Prostituting the woman or her child;
Q: HOW IS PSYCHOLOGICAL VIOLENCE COMMITTED?
Psychological Violence is committed in the following manner;
a. Intimidation
b. Harassment
c. Stalking

d. Damage to property
e. Public ridicule or humiliation
f. Repeated verbal abuse
g. Marital infidelity
h. Causing or allowing the victim to witness the physical,
sexual or psychological abuse of a member of the family
to which the victim belongs;
i. Causing or allowing the victim to witness abusive injury to
pets;
j. Unlawful or unwanted deprivation of the right to custody
and or visitation of common children
Q: HOW IS ECONOMIC ABUSE COMMITTED?
Economic Abuse can be committed in the following manner;
a. 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
object on valid, serious and moral grounds as defined in Art.
73 of the family Code;
b. Deprivation or threat of deprivation of financial resources
and the rights to the use and enjoyment of the conjugal ,
community or property owned in common;
c. Destroying the household property
d. Controlling the victims own money or properties or solely
controlling the conjugal money or properties.
Q: WHAT ARE THE ACTS THAT CONSTITUTE THE CRIME OF
VAWC?
Under Sec. 5, RA 9262, the crime of violence against
women and their children is committed through any of the
following acts;
a. Causing physical harm to the woman of 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 to desist from conduct
which the woman or her has the right to engage in or
attempting to restrict or restricting the womans or her
childs freedom of movement or conduct by force or threat
or force, physical or other harm or threat of force or
intimidation against the woman or her child. This shall
include, but not limited to the following acts committed
the purpose or effect of controlling or restricting the
womans or child movement or conduct;
1. Threatening to deprive or depriving the woman or her child
of custody or access 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 womans children insufficient
financial support;
3. Depriving or threatening to deprive the woman or her child
or a legal right;
4. Preventing the woman in engaging in any legitimate
profession,