The Anti-Violence Against Women and Their Children Act of 2004 (RA 9262) is a landmark piece of legislation in the Philippines designed to address the systemic issue of violence within intimate relationships. Physical abuse is one of the most visible forms of violence covered under this law, and the legal system provides specific mechanisms for victims to seek protection and justice.

I. Defining Physical Violence Under RA 9262

Physical violence refers to acts that include bodily or physical harm. Under the law, this is not limited to severe injuries; it encompasses any act that causes physical pain or suffering.

Who can be a victim?

A woman (wife, former wife).
A woman with whom the offender has or had a sexual or dating relationship.
A woman with whom the offender has a common child.
The woman's child (legitimate or illegitimate).

Who can be the offender?

A husband or former husband.
A person with whom the woman has or had a sexual or dating relationship.
A person with whom the woman has a common child.

II. The Process of Filing Criminal Charges

Filing a criminal case for physical abuse involves several critical stages, shifting the matter from a private dispute to a public offense prosecuted by the State.

1. Documentation and Evidence Gathering

Before filing, it is crucial to secure evidence. This typically includes:

Medical Certificate: A "Medico-Legal" report from a government hospital or a private physician detailing the injuries.
Police Blotter: A record of the incident reported to the Women and Children Protection Desk (WCPD) of the nearest PNP station.
Affidavits: Sworn statements from the victim (complainant) and any witnesses who saw the incident or the immediate aftermath.
Physical Evidence: Photographs of injuries, torn clothing, or damaged property.

2. Filing the Complaint (Inquest or Regular Filing)

The complaint is filed with the Office of the City or Provincial Prosecutor.

Inquest: If the offender was caught in the act (in flagrante delicto) or immediately after, and is currently detained.
Preliminary Investigation: If the offender is not in custody. The prosecutor evaluates the affidavits to determine if there is "probable cause" to believe a crime was committed.

3. Resolution and Information

If the prosecutor finds probable cause, they will file a formal document called "Information" with the Regional Trial Court (RTC), which is designated as a Family Court. Once filed, the court will issue a Warrant of Arrest.

III. Protection Orders

A unique feature of RA 9262 is the availability of Protection Orders, which can be sought even before or without filing a criminal case. These aim to prevent further harm.

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

These orders can mandate the offender to stay away from the victim's home, workplace, or school, and may also grant temporary custody of children and financial support to the victim.

IV. Penalties and Aggravating Circumstances

Physical violence under RA 9262 carries penalties based on the Revised Penal Code, but generally with a higher degree of severity due to the nature of the relationship.

Imprisonment: Ranges from prision mayor (6 to 12 years) to reclusion temporal depending on the gravity of the physical injuries (e.g., frustrated parricide or serious physical injuries).
Fine: Usually between PhP 100,000 to PhP 300,000.
Mandatory Psychological Counseling: Offenders are often required to undergo psychiatric treatment or confinement.

V. Key Legal Principles to Remember

Public Crime: Violence against women and children is considered a public crime. This means that any citizen who has personal knowledge of the circumstances of the commission of the crime may file the complaint. It is not exclusively the victim who can initiate the process. No Mediation for Violence: Unlike other cases, the law strictly prohibits mediation or "settling" at the Barangay level when it involves physical violence under RA 9262. The Punong Barangay or Lupon members cannot force the parties to reconcile. Battered Woman Syndrome (BWS): The law recognizes BWS as a valid defense. Victim-survivors found by the court to be suffering from this syndrome do not incur criminal and civil liability for defending themselves, even if the retaliation would otherwise be considered a crime.