1) What “VAWC” Means Under Philippine Law

VAWC refers to Violence Against Women and Their Children under Republic Act No. 9262 (Anti-VAWC Act of 2004). It covers acts committed against a woman and/or her child by a person who has (or had) a specific intimate relationship with the woman.

Who is protected

Women (as defined/treated under the law)
Their children, whether legitimate or illegitimate, including children under the woman’s care in certain situations

Who can be charged under RA 9262

A current or former:

Husband
Live-in partner
Boyfriend/girlfriend in a dating relationship (including former partners)
A person with whom the woman has a common child, even if they never lived together

Key point: Marriage is not required. A boyfriend/ex-boyfriend can be a respondent/accused.

2) What Acts Are Covered: The Four Main Types of Abuse

RA 9262 recognizes violence in these broad forms (often overlapping):

A. Physical violence

Hitting, slapping, punching, kicking, choking, burning, use of weapons, or any physical harm
Even “minor” injuries can matter, especially if repeated or accompanied by threats/control

B. Sexual violence

Rape and sexual assault (including acts that may also be prosecuted under the Revised Penal Code)
Forcing sex or sexual acts, sexual coercion, treating a woman as a sex object, humiliating sexual conduct

C. Psychological violence

Often the core of VAWC complaints. Includes:

Threats to harm the woman/child/self
Intimidation, harassment, stalking, constant insults
Public humiliation, controlling behavior, isolation from family/friends
Repeated verbal/emotional abuse causing mental or emotional suffering
Abusive behavior through texts, calls, chats, emails, social media, surveillance, and tracking

D. Economic abuse

Withholding financial support
Controlling money to make the woman dependent
Destroying property, preventing the woman from working, taking wages/benefits
Disposing of assets to deprive the woman/children

3) Two Parallel Tracks: Criminal Case vs. Protection Orders

Many people think “filing a case” is only about a criminal complaint. Under RA 9262, there are two powerful routes that can be pursued separately or at the same time:

Criminal case (VAWC complaint) Aims to prosecute and penalize the offender.
Protection Orders (BPO/TPO/PPO) Aims to stop the violence immediately and provide practical relief (stay-away, removal from home, custody, support, etc.).

You can request a protection order even without waiting for a criminal case.

4) Protection Orders Explained: BPO, TPO, and PPO

Protection orders are court/barangay directives that prohibit violence and set enforceable rules (no contact, stay away, vacate home, support, etc.). Violating a protection order is a serious offense.

4.1 Barangay Protection Order (BPO)

Where issued: Barangay (by the Punong Barangay; in certain situations a Kagawad may assist per local practice) Speed: Designed for quick issuance How long: 15 days What it can do (typical scope):

Order the respondent to stop committing or threatening violence
Prohibit harassment/contact (including calls/messages)
Require the respondent to stay away from the woman’s residence and specified places (as stated in the order)

Limitations: A BPO is shorter-term and narrower than court orders; it’s meant as immediate first-line protection while preparing a court application if needed.

4.2 Temporary Protection Order (TPO)

Where issued: Family Court (RTC branch designated as a Family Court) How issued: Can be issued ex parte (without the respondent present) based on the application and supporting statements How long: Commonly up to 30 days Purpose: Immediate court-level protection while the court schedules a hearing for a PPO

4.3 Permanent Protection Order (PPO)

Where issued: Family Court How issued: After notice and hearing How long: Effective until revoked/modified by the court

5) What Relief Can Protection Orders Provide (Practical and Powerful)

A protection order can include one or many of these remedies (depending on what’s necessary and requested). Common relief includes:

Safety and no-contact measures

No harassment, no threats, no stalking, no intimidation
No contact: calls, texts, chats, DMs, emails, gifts through others
Stay-away from the woman/child and specific places (home, workplace, school, daycare)

Home and living arrangements

Removal (vacate) order: respondent must leave the shared home (even if the property is in his name, depending on circumstances and the court’s findings)
Grant the woman exclusive use/possession of the home for safety

Custody and child-related provisions

Temporary or permanent custody arrangements
Limits or conditions on visitation to protect the child
Orders preventing the respondent from taking the child out of school/home or removing the child from the woman

Financial support and economic relief

Order for support (for the woman and/or child, as applicable)
Prohibit disposal/transfer of property or assets to defeat support
Direct respondent to provide certain necessities (depending on circumstances)

Weapons and risk controls

Order surrender of firearms and deadly weapons
Restrictions tied to the respondent’s access to weapons

Assistance and enforcement

Direct law enforcement to assist in implementing the order
Allow the woman to retrieve personal belongings safely with police escort

6) Who May File (If the Victim Cannot)

Under RA 9262, filings aren’t limited to the victim alone. Depending on the situation, those who may file include:

The woman victim
The parent/guardian of the victim (or of the child victim)
Ascendants/descendants or relatives within a defined degree (commonly up to the 4th civil degree in practice under the law’s framework)
Social workers, police officers, barangay officials
Lawyers, counselors, healthcare providers (especially when the victim is unable)
In some situations, two concerned citizens with personal knowledge of the circumstances may help initiate

(Exact eligibility can depend on whether it’s a protection order application or a criminal complaint and on the victim’s capacity/safety.)

7) Where to File in Practice (Philippine Context)

For a BPO

Barangay Hall where the woman resides or where protection is sought (local practice varies, but residence is the common reference point)

For a TPO/PPO

Family Court (RTC designated as a Family Court) in the place where the woman/child resides (RA 9262 allows filing based on residence, not only where the act occurred)

For the Criminal Case (VAWC)

You can begin through:

PNP Women and Children Protection Desk (WCPD) at the police station; and/or
Office of the City/Provincial Prosecutor (for the formal complaint-affidavit and preliminary investigation)

Venue flexibility is a major feature of RA 9262: many VAWC cases may be filed where the woman/child resides, which is especially important for psychological violence committed via communications.

8) Step-by-Step: Requesting a Barangay Protection Order (BPO)

Go to the barangay and state you are applying for a BPO under RA 9262.
Give a clear narrative of what happened:
- Relationship to the respondent
- Specific acts (dates, places, threats, messages, injuries)
- Urgent safety risks
Bring any available proof (even if incomplete):
- Photos of injuries/damage
- Screenshots of threats/harassment
- Medical notes (if any)
- Witness names
The barangay official prepares/records the application and issues the BPO.
Ensure service/enforcement steps are discussed:
- How the respondent will be informed/served
- What to do if the respondent returns/contacts you
Note the expiry: BPO is typically 15 days. Use that time to file for a TPO/PPO if risk continues.

Important: VAWC cases are generally not appropriate for barangay mediation/settlement. A barangay should not pressure the victim into “aregluhan” where safety is at stake.

9) Step-by-Step: Applying for a Court TPO/PPO (Protection Order Case)

A. Prepare what the court needs

A protection order application is commonly supported by:

A verified petition/application (sworn statement)
A detailed affidavit describing abuse, threats, and risk
Attachments/evidence (screenshots, photos, medical records, police blotter, witness statements, financial proof)

Tip for the narrative: make it chronological and specific:

What was done/said
When and where it happened
How it affected you/your child (fear, anxiety, inability to work/sleep, trauma, etc.)
Why you need immediate relief (stay-away, removal from home, custody, support)

B. File with the Family Court

File with the Office of the Clerk of Court of the appropriate Family Court branch.
Courts often have templates/forms for protection order applications.

C. TPO issuance (urgent protection)

The judge may issue a TPO ex parte if the application shows urgent need for protection.
The court sets a hearing for a possible PPO.

D. Service and hearing for PPO

The respondent is served the order and notified of the hearing date.
At the hearing, the court evaluates evidence and testimony and may issue a PPO with longer-term protections.

10) Step-by-Step: Filing the Criminal VAWC Case (RA 9262)

Step 1: Document and stabilize evidence early

Even before filing, preserve:

Screenshots (with dates, usernames/phone numbers visible)
Backups (email them to yourself, store copies offline)
Medical records (ER notes, medico-legal, prescriptions)
Photos (injuries, damaged property; take multiple angles)
Witness details (names, contact numbers, what they saw/heard)
Financial proof for economic abuse (bank records, remittance history, school/medical expenses unpaid)

Step 2: Go to WCPD or directly to the Prosecutor

At the police:

Make a blotter entry
Ask for referral to medico-legal (if injuries)
Request assistance in preparing affidavits and preserving evidence

At the prosecutor:

File a Complaint-Affidavit and supporting affidavits/evidence.

Step 3: Preliminary investigation (common route)

Most VAWC cases proceed through preliminary investigation:

Prosecutor evaluates the complaint and issues a subpoena to the respondent.
Respondent submits a counter-affidavit.
Complainant may submit a reply.
Prosecutor issues a resolution determining probable cause.
If probable cause exists, an Information is filed in court.

Step 4: Court proceedings

The court may issue a warrant of arrest (or summons depending on circumstances)
Arraignment, pre-trial, and trial follow

Step 5: Protection orders can run alongside the criminal case

Even with a criminal case ongoing, a protection order can:

Stop contact immediately
Remove the respondent from the home
Address custody/support while the criminal case is pending

Withdrawal/“desistance” note: A victim’s later desire to withdraw does not automatically end a criminal case because the case is prosecuted in the name of the State.

11) What to Write in a Complaint-Affidavit (Practical Structure)

A strong complaint-affidavit typically includes:

Parties and relationship

Full names, addresses (or last known), contact info if safe
Relationship history (married, live-in, dating, common child)

Facts (chronological)

First incidents, escalation pattern
Specific acts: physical assaults, threats, stalking, harassment, forced sex, financial deprivation
Dates, places, witnesses
What the respondent said verbatim when possible (threats/insults)

Effects on the victim/child

Fear, anxiety, trauma, sleep/work disruption
Child’s distress, school impact
Need for protection

Evidence list

Screenshots, photos, medical certificates, police blotter, witness affidavits, chat logs, call logs, financial documents

Relief requested

Filing of charges under RA 9262
Request for protection order (if not separately filed)
Any immediate safety concerns

12) Evidence by Abuse Type (What Usually Helps Most)

Physical violence

Medico-legal certificate / medical records
Photos taken immediately and over several days (bruising progression)
Witness affidavits (neighbors, relatives, coworkers)
Damaged property photos

Psychological violence

Screenshots of threats, insults, harassment, stalking
Call logs, emails, messages
Journal entries (dated), incident logs
Counseling/psychological consult notes (if available)
Witnesses to public humiliation or controlling behavior

Sexual violence

Immediate medical consultation when possible
Forensic documentation where applicable
Consistent narrative and preserved communications
Witnesses to aftermath (distress, injuries, disclosure)

Economic abuse

Proof of refusal to support (messages, demand letters, admissions)
Child expenses (tuition, receipts, medical bills)
Employment interference proof (messages to employer, forced resignation)
Bank transfers history, withholding of access to funds

Digital evidence tip: Avoid altering screenshots. Keep originals on the device when possible, preserve message threads, and record the context (date/time, sender identifiers).

13) What Happens If the Respondent Violates a Protection Order

Violations can include:

Showing up at prohibited places
Calling/texting/DMing despite a no-contact order
Harassing through friends/relatives
Approaching the victim/child within prohibited distance
Threats, stalking, monitoring, or intimidation

Typical steps:

Report immediately to the police/WCPD and present a copy/photo of the protection order.
Document the violation (screenshots, CCTV, witness statements).
File a complaint for violation of the protection order (often treated seriously and can support arrest and additional charges).

14) Confidentiality and Safety Considerations

VAWC proceedings are treated with a high level of privacy; records are generally handled to protect victims and children.
Safety planning matters:
- Keep copies of orders with trusted persons
- Inform schools/workplace security if appropriate
- Change passwords, enable two-factor authentication, and review device privacy settings if digital stalking is involved
- Maintain an incident log (dates, what happened, witnesses)

15) Common Misconceptions That Harm Cases

“We need to be married.” Not required under RA 9262.
“No bruises means no case.” Psychological and economic abuse are actionable.
“The barangay will settle it.” VAWC is not meant for forced mediation; safety comes first.
“I can just withdraw and it disappears.” Criminal prosecution is controlled by the State once initiated.
“Messages aren’t evidence.” They often are central, especially for psychological violence.

16) Quick Checklists

If filing today (minimum essentials)

Government ID (if available)
A written timeline (even bullet points)
Any proof on your phone: screenshots, photos, chat logs
Names/contact info of witnesses
Copies of any prior police blotter/medical records (if any)

When requesting a protection order

Specific places to include in stay-away terms:
- Home address
- Workplace
- Child’s school/daycare
- Frequently visited locations
Specific behaviors to prohibit:
- Any contact through calls/messages/social media
- Third-party contact
- Approaching within a specified distance (as set by the court)
- Possession of firearms/weapons (if relevant)

17) Key Takeaways

RA 9262 covers physical, sexual, psychological, and economic abuse committed by a current/former intimate partner or a person with whom the woman has a child.
Protection orders come in three main forms: BPO (15 days, barangay), TPO (temporary, court, often ex parte), and PPO (long-term, after hearing).
A VAWC criminal case typically begins with a complaint-affidavit and proceeds through preliminary investigation before trial, while protection orders can provide immediate safety and practical relief.
Preserving evidence—especially digital evidence—and writing a clear, chronological narrative are often decisive.