The Anti-Violence Against Women and Their Children Act of 2004 (Republic Act No. 9262, or RA 9262) is one of the most progressive and victim-centered pieces of legislation in Philippine law. Enacted on March 8, 2004 and effective March 27, 2004, it criminalizes physical, sexual, psychological, and economic abuse committed against women and their children by intimate partners, including husbands, former husbands, live-in partners, and persons with whom the woman has or had a sexual or dating relationship.

RA 9262 is a public crime. This means the State is the principal complainant, and the case continues even if the victim later executes an Affidavit of Desistance. The law explicitly provides multiple, simultaneous remedies: barangay protection orders, judicial protection orders (temporary and permanent), and criminal prosecution.

Who Are Protected Under RA 9262?

Women who are or were legally married to the offender.
Women with whom the offender has or had a sexual or dating relationship.
Women with whom the offender has a common child (regardless of marital status).
The legitimate or illegitimate children (below 18 years old or even above 18 if incapable of self-support due to physical or mental disability) of the woman victim.

The Supreme Court has consistently ruled that the law covers lesbian relationships (Garcia v. Drilon, G.R. No. 179267, June 25, 2013) when the offended party is the woman in the relationship.

Acts Punishable as VAWC (Section 5, RA 9262)

A. Physical violence – causing or attempting to cause bodily or physical harm.

B. Sexual violence – including but not limited to:

Rape, sexual harassment, acts of lasciviousness
Forcing the woman or her child to engage in sexual acts
Prostituting the woman or child

C. Psychological violence – acts or omissions causing or likely to cause mental or emotional suffering, including:

Intimidation, harassment, stalking
Public ridicule or humiliation
Repeated verbal abuse and marital infidelity
Causing the woman or child to witness pornography or abuse of another
Unlawful deprivation of custody or access to children

D. Economic abuse – acts that make or attempt to make the woman financially dependent, including:

Withdrawal of financial support or preventing the woman from engaging in lawful employment
Deprivation of money, property, or financial resources
Destruction of household property
Controlling the victim’s own money or properties

Where and How to File a VAWC Case

VAWC cases are NOT subject to barangay conciliation (Section 33, Implementing Rules and Regulations). The victim may proceed directly to any of the following remedies:

1. Barangay Protection Order (BPO) – Section 14, RA 9262

File verbally or in writing with the Punong Barangay (or any kagawad if the Punong Barangay is unavailable).
The barangay must issue the BPO immediately, within 24 hours if possible.
Valid for 15 days (non-extendible).
Contents: prohibit respondent from committing or threatening violence, order respondent to stay away (at least 100–500 meters), remove respondent from residence, etc.
Violation of BPO is punishable by imprisonment of 30 days (under the barangay justice system or contempt of court if escalated).

The BPO is the fastest remedy and is available 24/7 in every barangay nationwide.

2. Judicial Protection Orders (RTC Level)

A. Temporary Protection Order (TPO) – Section 15

Filed with the Regional Trial Court (Family Court if designated) where the victim resides or where the respondent resides.
May be filed independently or together with the criminal case.
The court must act on the application ex parte (without notice to respondent) within 24 hours.
Valid for 30 days, extendible.
Reliefs include:
- Stay-away order (distance specified by court)
- Removal of respondent from the residence
- Temporary custody of children
- Support pendente lite
- Prohibition on possession of firearms
- Referral to social worker or counselor

B. Permanent Protection Order (PPO) – Section 16

Issued after notice and hearing (trial-type proceeding).
Valid indefinitely unless modified or lifted by the court.
Same reliefs as TPO but permanent.

The application for TPO/PPO is free of docket fees. The victim may be assisted by the PAO, IBP lawyers, or any licensed attorney.

3. Criminal Complaint for Violation of RA 9262

Filed with the Office of the City/Provincial Prosecutor or directly with the Municipal Trial Court/Metropolitan Trial Court in cities for preliminary investigation.
If the respondent is caught in flagrante or there is imminent danger, the police may conduct inquest proceedings.
The complaint may be filed by:
- The offended party (victim)
- Parents or guardians
- Ascendants, descendants, or collateral relatives within the 4th civil degree
- Social workers, barangay officials, police, or concerned neighbors (with victim’s consent or in emergency situations)

Required documents (minimum):

Sworn complaint/affidavit of the victim
Medico-legal certificate (if physical injuries)
Photographs of injuries, damaged property
Screenshots of threats/harassment
Witnesses’ affidavits
Marriage certificate or proof of relationship (if applicable)

The prosecutor conducts preliminary investigation. If probable cause is found, the Information is filed in the Regional Trial Court (exclusive original jurisdiction over VAWC criminal cases).

Penalties Under RA 9262

The penalty depends on the act committed:

Acts falling under the Revised Penal Code (e.g., serious physical injuries, rape, acts of lasciviousness) – penalty prescribed by RPC + one degree higher.
Psychological/economic violence alone – prisión mayor (6 years and 1 day to 12 years).
Violation of BPO – 30 days imprisonment.
Violation of TPO/PPO – prisión correccional (6 months and 1 day to 6 years).

The court may also order:

Mandatory psychological counseling or rehabilitation for the respondent
Payment of actual, moral, exemplary damages
Support for the woman and children

Prescription Period

Criminal action prescribes in 20 years for acts constituting felony under the RPC committed in the course of VAWC.
For acts that are purely VAWC (psychological/economic) – 10 years (Act No. 3326 as amended).

Special Procedural Rules

A.M. No. 12-7-2-SC (Rule on the Writ of Amparo with respect to VAWC victims when there is threat to life, liberty, or security).
Evidence: Preponderance of evidence standard for protection order cases (lower than beyond reasonable doubt in criminal cases).
Affidavit of Desistance does NOT automatically dismiss the case because it is a public crime (People v. Vergara, G.R. No. 237440, July 15, 2020).
Hold Departure Order is routinely issued upon filing of the Information.

Support Services Available to Victims

Women and Children Protection Desks (WCPD) in every police station (24/7)
DSWD Crisis Intervention Units
Women’s Crisis Centers (e.g., Women’s Crisis Center, Haven for Women)
Public Attorney’s Office (free legal assistance)
Philippine Commission on Women hotline: 8736-7719
PNP hotline: 0919-777-7377
NBI Violence Against Women Desk: (02) 8523-8231 loc. 5400

Important Supreme Court Doctrines

Garcia v. Drilon (2013) – RA 9262 is constitutional; the law does not violate equal protection clause.
Jesus C. Garcia v. Hon. Ray Alan Drilon (2013) – Protection orders are available even to men in lesbian relationships if they are the victims (though rare).
Dinamling v. People (2015) – Repeated verbal abuse and public humiliation constitute psychological violence.
Araza v. People (2020) – Economic abuse includes preventing the wife from engaging in profession or business.
XXX v. People (2022) – Posting intimate photos online without consent (revenge porn) constitutes psychological violence under Section 5(h).

Practical Tips for Victims and Advocates

Document everything: take photos, save messages, record conversations (one-party consent is allowed for personal protection).
Seek BPO first for immediate protection.
Apply for TPO simultaneously with criminal complaint.
Never sign Affidavit of Desistance under duress – it will not necessarily stop the case.
Request for support pendente lite early – the court can order monthly support even during trial.
Children can be co-petitioners in protection order applications.

RA 9262 remains the strongest legal shield available to Filipino women and children suffering intimate partner violence. Its multi-layered remedies – immediate barangay protection, judicial safeguards, and criminal prosecution – reflect the State’s policy of zero tolerance for violence within intimate relationships. Victims are never alone; the law and numerous support institutions stand ready to protect and empower them.