Republic Act No. 9262, otherwise known as the Anti-Violence Against Women and Their Children Act of 2004 (Anti-VAWC Act), is the principal statute that criminalizes and provides remedies for acts of violence committed by any person against a woman who is his wife, former wife, or with whom he has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode. The law recognizes that violence against women and their children is a public crime that affects not only the immediate victims but the entire society, and it mandates a comprehensive system of protection, prosecution, and support services.

Acts Constituting VAWC Under RA 9262

Section 5 of the law enumerates the punishable acts, which fall into four broad categories:

Physical Violence – Any act or series of acts that result in physical harm to the woman or her child, including but not limited to battery, assault, and use of physical force.

Sexual Violence – Any act that is sexual in nature committed against the woman or her child, including rape, sexual abuse, forced sexual intercourse, and forcing the woman or her child to watch pornography or engage in any sexual activity.

Psychological Violence – Any act or omission that causes mental or emotional suffering, such as repeated verbal abuse, harassment, stalking, confinement, public ridicule, threats of physical harm, destruction of property, and any act that causes fear of imminent physical, sexual, or psychological harm.

Economic Abuse – Any act that makes a woman financially dependent, including withdrawal of financial support, preventing the woman from engaging in any legitimate profession or occupation, controlling her own money or properties, or forcing her to engage in any activity that is harmful to her economic well-being.

The law expressly covers violence committed in the context of an intimate or former intimate relationship, including dating relationships, even without marriage or common child in some instances. It also applies to lesbian relationships and to violence committed against a common child.

Persons Who May File a Case

Any of the following may initiate a case:

The offended party herself (the woman victim);
Her parents or guardians;
Ascendants, descendants, or collateral relatives within the fourth civil degree of consanguinity or affinity;
Officers or social workers of the Department of Social Welfare and Development (DSWD) or any accredited women’s or children’s protection organization;
Police officers;
Punong Barangay or Barangay Kagawad;
Any person who has personal knowledge of the commission of the offense, with the consent of the victim.

If the victim is a minor or is incapacitated, her parents, guardians, or the DSWD may file on her behalf.

Immediate Protection: Barangay Protection Order (BPO)

The fastest remedy is the Barangay Protection Order (BPO), which is available 24 hours a day from the Punong Barangay or, in his absence, any Barangay Kagawad of the victim’s residence.

The victim or any person on her behalf may apply orally or in writing.
The BPO is issued within 24 hours and is effective for 15 days.
It orders the perpetrator to desist from committing acts of violence, stay away from the victim’s residence, workplace, or school, and may include temporary custody of children.
Violation of a BPO is punishable by imprisonment of up to six months and a fine of up to ₱10,000.

The BPO is an ex-parte order and does not require the presence of the respondent at the time of issuance.

Court-issued Protection Orders

Temporary Protection Order (TPO) – Issued by the Regional Trial Court (Family Court) or Metropolitan/Municipal Trial Court upon verified application. It is effective for 30 days and may be extended.

Permanent Protection Order (PPO) – Issued after notice and hearing; it remains effective until revoked by the court.

A petition for protection order may be filed independently or together with a criminal complaint. The petition is filed in the place where the petitioner resides, where the respondent resides, or where the violence occurred. No filing fees are collected in VAWC cases.

Filing the Criminal Case

A criminal action for violation of RA 9262 is commenced by filing a complaint-affidavit with the prosecutor’s office or, in appropriate cases, directly with the court.

Step-by-Step Procedure

Documentation and Evidence Gathering
The victim should secure:
- Medical certificate from any government or accredited private hospital or clinic attesting to physical injuries;
- Police blotter entry;
- Sworn statements of witnesses;
- Photographs of injuries or damaged property;
- Bank records, payslips, or other proof of economic abuse;
- Birth certificates of children;
- Marriage certificate or proof of relationship (for dating relationships, affidavits or text messages may suffice).
Filing of Complaint-Affidavit
The complaint is filed with the Office of the City or Provincial Prosecutor where the offense was committed or where any of its elements occurred. In the National Capital Region and other highly urbanized cities, it is filed with the Prosecutor’s Office.
The complaint must state the facts constituting the offense, the name of the accused, and the approximate date and place of commission.
Preliminary Investigation
The prosecutor conducts a preliminary investigation. The respondent is given 10 days to submit a counter-affidavit. The victim may file a reply. The prosecutor then determines probable cause and either files an Information in court or dismisses the case.
Filing of Information in Court
Once an Information is filed, the case is raffled to the designated Family Court. Arraignment follows. The accused may be arrested if the offense is non-bailable or if a warrant is issued.
Trial
VAWC cases are given priority and are heard in camera (closed to the public) to protect the privacy of the victim. The testimony of the victim is given great weight. DNA evidence, psychological evaluation reports, and expert testimony on battered woman syndrome may be presented.

Penalties

For acts that do not result in physical, sexual, or psychological injury: arresto mayor (1 month and 1 day to 6 months) and fine of ₱100,000 to ₱300,000.
If the acts result in physical, sexual, or psychological injury: penalties are increased depending on the gravity (prision correccional to prision mayor).
If the victim becomes permanently disabled, the penalty is reclusion perpetua.
Violation of a protection order is punishable by a fine of ₱10,000 to ₱100,000 and/or imprisonment of up to six months.
The court may also order payment of actual damages, moral damages, exemplary damages, and child support.

Special Features and Rights of the Victim

Battered Woman Syndrome is recognized as a justifying circumstance; a woman suffering from it who kills her abuser may be acquitted.
The victim cannot be compelled to testify against the accused in certain civil cases if it would prejudice her.
The law mandates the creation of a VAWC desk in every police station and barangay.
Free legal assistance, medical services, and counseling are available through the DSWD, Integrated Bar of the Philippines, and local government units.
The victim is entitled to a paid leave of absence of up to 10 days (extendible) with full pay from her employer.
Proceedings are confidential; the identity of the victim and any information that could lead to her identification are withheld from the public.
The law prohibits mediation or conciliation in VAWC cases. The case cannot be dismissed on the ground of mutual settlement unless the victim herself, after being informed of her rights, voluntarily moves for dismissal on the merits.

Related Support Services and Agencies

Philippine National Police (PNP) Women’s Desk – Handles initial complaints and issues blotter.
Department of Social Welfare and Development (DSWD) – Provides shelter, counseling, and financial assistance.
Department of Justice (DOJ) – Oversees prosecution.
Local Government Units – Maintain VAWC desks and provide livelihood support.
Non-Government Organizations – Such as the Women’s Crisis Center, Gabriela, and SALIGAN offer free legal and psychosocial services.

Jurisdiction and Venue

Criminal cases are filed before the Regional Trial Court (Family Court). Protection-order petitions may be filed before the Regional Trial Court or the Metropolitan/Municipal Trial Court. The rules on venue are liberal: the petition or complaint may be filed in the place of residence of the petitioner or the place where the acts of violence were committed.

Prescription of the Action

The criminal action prescribes in 20 years from the time of commission, except for acts that constitute other crimes with longer prescriptive periods (e.g., rape).

Important Notes for Victims

Immediate safety is paramount. If in imminent danger, call the PNP hotline 117 or the VAWC hotline 165-3.
Evidence must be preserved; do not wash clothes stained with blood or delete threatening messages.
The law protects the victim from counter-charges of perjury or false testimony when she files a VAWC case in good faith.
Foreign nationals married to Filipino women may be prosecuted under the law if the acts are committed in the Philippines.
The Anti-VAWC Act is in addition to other remedies under the Revised Penal Code (e.g., physical injuries, rape, unjust vexation) and the Family Code (legal separation, annulment, custody).

Filing a case under RA 9262 is not merely a legal act but an assertion of the constitutional right to dignity, equality, and freedom from violence. The law places the full weight of the State behind every victim, ensuring that no woman or child is left without protection or redress.