Republic Act No. 9262, or the Anti-Violence Against Women and Their Children Act of 2004 (VAWC), is a landmark piece of legislation in the Philippines designed to address the systemic violence committed against women and their children. Among the various forms of violence it covers—sexual, psychological, and economic—physical abuse is one of the most frequently litigated.
Defining Physical Abuse Under the Law
Physical abuse refers to acts that include bodily or physical harm. Under RA 9262, this is not limited to extreme violence; it encompasses any act that causes physical pain or injury. Common examples include:
- Battery: Shoving, pushing, punching, kicking, or hitting.
- Assault: Throwing objects at the victim or using weapons.
- Restraint: Forcibly pinning someone down or preventing their movement.
The law is "gender-specific," meaning it protects women and their children. The offender, however, can be either male or female (if the offender is in a lesbian relationship with the victim).
Who May File the Complaint?
A criminal complaint for physical abuse can be initiated by:
- The Offended Party: The woman or the child who suffered the abuse.
- Ascendants/Descendants: Parents or children of the victim.
- Relatives: Up to the fourth civil degree of consanguinity or affinity.
- Social Workers: From the DSWD or local government units.
- Police Officers: Or other law enforcement agents.
- Barangay Officials: Including the Punong Barangay or Barangay Kagawad.
- Healthcare Providers: Doctors or nurses who attended to the victim.
- Concerned Citizens: At least two concerned citizens from the city or municipality where the violence occurred.
The Process of Filing Criminal Charges
The legal journey generally follows these critical steps:
1. Documentation and the Medico-Legal Examination
The first priority is safety and evidence. The victim should go to the nearest hospital or a Women and Children Protection Desk (WCPD) in a police station. A Medico-Legal Certificate is essential evidence to prove the physical injuries sustained.
2. Filing the Police Blotter
Report the incident to the WCPD of the Philippine National Police (PNP). The police will take a sworn statement (Affidavit) from the victim and witnesses.
3. Preliminary Investigation or Inquest
- Inquest: If the abuser was caught in the act or immediately after (warrantless arrest), an "Inquest" proceeding is held to determine if the person should remain in custody.
- Preliminary Investigation: If the abuser is not in custody, a complaint is filed at the Prosecutor’s Office. The prosecutor determines if there is "probable cause" to bring the case to court.
4. Filing the Information in Court
If the prosecutor finds probable cause, they file a formal document called "Information" with the Regional Trial Court (Family Court). The court then issues a warrant of arrest for the accused.
Protection Orders: Immediate Relief
While the criminal case is pending, the law provides for Protection Orders 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 extendable.
- 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 can even grant temporary custody of children to the mother.
Penalties for Physical Abuse
The penalties for physical violence under RA 9262 are based on the Revised Penal Code but are often applied in their maximum period.
| Type of Injury | Equivalent Penalty |
|---|---|
| Mutilation | Prision mayor to reclusion temporal |
| Serious Physical Injuries | Prision mayor |
| Less Serious Physical Injuries | Prision correccional |
| Slight Physical Injuries | Arresto mayor |
In addition to imprisonment, the court may require the offender to undergo mandatory psychological counseling or psychiatric treatment.
Key Evidence for a Strong Case
To ensure a conviction, the prosecution must establish the "element of relationship" (that the victim is a wife, former wife, or someone the offender had a dating/sexual relationship with) and the fact of the physical abuse. Essential evidence includes:
- Sworn Affidavit of the victim detailing the abuse.
- Medico-Legal Certificate or photographs of injuries.
- Testimonies from witnesses (neighbors, family, or responding officers).
- CCTV footage or digital evidence (text messages or recordings of threats).