In the Philippines, Republic Act No. 9262, or the Anti-Violence Against Women and Their Children Act of 2004, is a landmark piece of legislation designed to address the systemic issue of violence within intimate and family relationships. It recognizes that such violence is not a private "family matter" but a public offense that the State has a duty to prevent and penalize.

What Constitutes VAWC?

The law defines violence against women and children as any act or 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.

These acts result in or are likely to result in:

Physical Violence: Bodily harm, battery, or physical assault.
Sexual Violence: Acts that are sexual in nature, including rape, sexual harassment, or prostituting the woman or her child.
Psychological Violence: Acts causing mental or emotional suffering, such as intimidation, stalking, public ridicule, or "gaslighting."
Economic Abuse: Acts that make a woman financially dependent, such as withdrawing financial support, preventing her from working, or controlling her own money/properties.

Who Can File a Case?

While the victim is the primary person who can file a complaint, RA 9262 is unique because it allows for "Battered Woman Syndrome" as a defense and permits third parties to file for Protection Orders to ensure the safety of the victim.

For a criminal case, the offended party usually initiates the process. However, for a Protection Order, the following may file:

The offended party;
Parents or guardians of the offended party;
Ascendants, descendants, or collateral relatives within the fourth degree of consanguinity or affinity;
Officers or social workers of the DSWD or Local Government Units (LGUs);
Police officers;
Punong Barangay or Barangay Kagawad;
Lawyers, counselors, or healthcare providers of the victim;
At least two concerned citizens of the city or municipality where the violence occurred.

The Legal Process: Step-by-Step

1. Seeking Immediate Protection (The Protection Order)

Before or alongside a criminal case, a victim can apply for a Protection Order (PO). The goal is to stop the perpetrator from committing further acts of violence.

Barangay Protection Order (BPO): Issued by the Punong Barangay; valid for 15 days.
Temporary Protection Order (TPO): Issued by a court; usually valid for 30 days but can be extended.
Permanent Protection Order (PPO): Issued by the court after a final judgment.

2. Filing the Criminal Complaint

To hold the perpetrator criminally liable, the victim must undergo the following:

Affidavit-Complaint: The victim prepares a sworn statement detailing the acts of violence. This is usually done with the help of a lawyer or the Women and Children Protection Desk (WCPD) of the PNP.
Preliminary Investigation: The complaint is filed with the Office of the City or Provincial Prosecutor. The prosecutor determines if there is "probable cause" to bring the case to court.
Filing of Information: If the prosecutor finds probable cause, a formal charge (Information) is filed in the Regional Trial Court (designated as a Family Court).

3. Arrest and Trial

Once the case is in court, a warrant of arrest is issued against the accused. The case proceeds to arraignment, pre-trial, and then the actual trial where evidence is presented.

Evidence Required

To build a strong case, the following evidence is typically gathered:

Medical Certificate: For physical or sexual violence (standardized through a "Medico-Legal" report).
Psychological Evaluation: To prove psychological or emotional abuse.
Police Reports: Blotter entries from the WCPD.
Testimonies: Statements from witnesses who saw the abuse or the immediate aftermath.
Documentation: Screenshots of threatening messages, recordings, or financial records (for economic abuse).

Penalties and Sanctions

RA 9262 carries heavy penalties depending on the gravity of the act:

Imprisonment: Ranging from Prision Mayor (6 to 12 years) to Reclusion Temporal (12 to 20 years) for serious physical injuries or sexual violence.
Fines: Usually ranging from PHP 100,000 to PHP 300,000.
Mandatory Counseling: Perpetrators are often required to undergo psychological counseling or psychiatric treatment.

Important Features of the Law

Prescriptive Period: Acts of violence under RA 9262 prescribe in 20 years, except for physical injuries which may prescribe sooner.
Confidentiality: All records regarding VAWC cases are strictly confidential. The name and identity of the victim and her children cannot be made public.
Public Crime: VAWC is considered a public crime. This means even if the victim "desists" or wants to drop the charges, the State may still pursue the case, especially if there is enough evidence, to ensure the protection of the victim.