Republic Act No. 9262, or the Anti-Violence Against Women and Their Children Act of 2004 (VAWC), is a landmark piece of legislation designed to address the systemic issue of violence within intimate relationships. A common misconception is that the law only applies to married couples. However, the law explicitly protects women who are in, or were previously in, a "dating relationship" or a "sexual relationship," which includes live-in partners (common-law spouses).
1. Scope of Protection
Under RA 9262, violence is not limited to physical battery. It covers four main categories of abuse committed by a partner:
- Physical Violence: Acts that include bodily or physical harm.
- Sexual Violence: Acts that are sexual in nature, including rape, sexual harassment, or forcing the woman to watch or engage in sexual acts.
- Psychological Violence: Acts or omissions causing mental or emotional suffering, such as public ridicule, stalking, or threats of abandonment.
- Economic Abuse: Acts that make a woman financially dependent, such as withdrawing financial support, preventing her from working, or controlling her own money/properties.
Key Note: The law applies even if the live-in relationship has already ended, provided the violence stems from that prior relationship.
2. Legal Remedies: Protection Orders
The primary immediate remedy under the law is the Protection Order, which aims to prevent further harm and grant the victim distance from the perpetrator.
| Type | Issued By | Validity |
|---|---|---|
| Barangay Protection Order (BPO) | Punong Barangay | 15 days |
| Temporary Protection Order (TPO) | The Court | 30 days (extendable) |
| Permanent Protection Order (PPO) | The Court | Permanent |
These orders can mandate the partner to stay a certain distance away from the woman, her home, or her place of work, and can even grant the woman temporary custody of children and financial support.
3. Steps to Filing a Complaint
Filing a VAWC complaint involves two potential tracks: seeking protection (Protection Order) and seeking criminal prosecution (Criminal Case).
Step 1: Initial Report
The victim (or concerned citizens such as relatives or social workers) can report the abuse to:
- The Barangay (for a BPO).
- The PNP Women and Children Protection Desk (WCPD).
- The National Bureau of Investigation (NBI).
Step 2: Documentation
A sworn statement (Affidavit) will be prepared detailing the incidents of abuse. Supporting evidence should be gathered, such as:
- Medical certificates (for physical abuse).
- Screenshots of threatening messages (for psychological abuse).
- Testimonies from witnesses.
Step 3: Filing with the Prosecutor’s Office
For criminal prosecution, the complaint is filed with the Office of the City or Provincial Prosecutor. The prosecutor will conduct a Preliminary Investigation to determine if there is "probable cause" to bring the case to court.
Step 4: Court Proceedings
If probable cause is found, an "Information" (criminal charge) is filed in the Regional Trial Court (Family Court). The court will then issue a warrant of arrest for the partner.
4. Important Legal Principles
- Public Crime: VAWC is considered a public crime. This means anyone who has personal knowledge of the abuse can file the complaint on behalf of the victim.
- Battered Woman Syndrome (BWS): The law recognizes BWS as a valid defense. Victims who, due to a cycle of violence, end up acting in self-defense against their abusers do not incur criminal liability.
- No Mandatory Mediation: Unlike other barangay disputes, conciliation or mediation is strictly prohibited in VAWC cases. The law recognizes that there is an inherent power imbalance that makes fair mediation impossible.
5. Penalties
The penalties for violating RA 9262 are severe, ranging from Prision Mayor (6 to 12 years) for physical violence resulting in serious injury, to fines ranging from 100,000 to 300,000 pesos. Additionally, the perpetrator must undergo mandatory psychological counseling or psychiatric treatment.