In the Philippine legal landscape, Republic Act No. 9262, otherwise known as the Anti-Violence Against Women and Their Children Act of 2004 (VAWC), serves as a landmark piece of legislation. While the title prominently features "Women," the law provides an equally robust protective mantle for minor children. It recognizes that children are often the silent, secondary victims of domestic strife, suffering long-term psychological and physical trauma.
I. Definition of "Children" Under the Act
Under R.A. 9262, "children" includes the biological children of the victim-woman and her common-law husband or partner, as well as:
- Legitimate and illegitimate children.
- Adopted children.
- Children under her care or custody, regardless of whether they are her biological offspring.
- Minor children (below 18 years of age) or those 18 years and older who are incapable of taking care of themselves due to physical or mental disability.
II. Scope of Violence Against Children
The law is comprehensive, penalizing acts that result in or are likely to result in physical, sexual, psychological harm, or economic abuse. For minor children, this specifically covers:
1. Physical Violence
Actual bodily harm or the threat of bodily harm.
2. Sexual Violence
This is not limited to physical contact; it includes:
- Rape, sexual harassment, and acts of lasciviousness.
- Forcing a child to witness or participate in sexual acts.
- Prostituting the child or using the child in pornography.
3. Psychological Violence
Often the most overlooked, this includes acts that cause mental or emotional suffering:
- Intimidation and threats.
- Stalking or following the child in public/private places.
- Public ridicule or humiliation.
- Witnessing the abuse of their mother: Philippine jurisprudence has affirmed that a child witnessing the abuse of their mother is, in itself, a form of psychological violence against the child.
4. Economic Abuse
This involves acts that make the child financially dependent or deprive them of basic needs:
- Deprivation of financial support.
- Preventing the child from attending school.
- Withdrawing or threatening to withdraw financial support to control the mother or the child.
III. Legal Remedies: Protection Orders
The primary tool of R.A. 9262 is the Protection Order (PO). Its purpose is to prevent further abuse and grant the victim a "breathing space."
| Type of Order | Issuing Authority | Validity |
|---|---|---|
| Barangay Protection Order (BPO) | Punong Barangay | 15 days |
| Temporary Protection Order (TPO) | Regional Trial Court | 30 days (extendible) |
| Permanent Protection Order (PPO) | Regional Trial Court | Permanent/Until revoked |
Key provisions for children in these orders include:
- Removal of the Respondent: The perpetrator can be ordered to leave the shared residence, regardless of who owns the property.
- Stay-Away Order: The perpetrator must maintain a specific distance from the child’s home, school, or any place they frequent.
- Custody: The law mandates that the custody of minor children shall be given to the mother. The "Tender Years Doctrine" is often applied, but R.A. 9262 creates a presumption that the mother is the fit guardian in cases of violence.
- Financial Support: The court can order the immediate "withholding" of a percentage of the perpetrator's salary to be paid directly to the mother for the child’s support.
IV. Who May File for Protection?
Because children may be too young or intimidated to file a case themselves, the law allows "liberalized standing." A petition for a protection order for a child may be filed by:
- The offended party (the mother or the child).
- Parents or guardians.
- Ascendants, descendants, or collateral relatives within the 4th degree of consanguinity or affinity.
- Social workers (DSWD or local government).
- Police officers.
- Barangay officials.
- At least two concerned responsible citizens of the place where the violence occurred.
V. Key Legal Doctrines and Protections
The "No-Neutrality" Rule
Courts are mandated to apply the law liberally to protect the victims. In cases involving children, the "Best Interests of the Child" standard is the paramount consideration.
Mandatory Prohibitions
The law strictly prohibits "Mediation" or "Amicable Settlement" in VAWC cases. Because of the unequal power dynamic and the criminal nature of the acts, a victim cannot be forced to "settle" the abuse with the perpetrator through the Lupon Tagapamayapa.
Confidentiality
The records of VAWC cases are strictly confidential. It is a criminal offense to leak the names or identities of the victims, especially minor children, to the public or the media.
VI. Penalties
Violations of R.A. 9262 carry heavy penalties, including:
- Imprisonment: Ranging from Prision Mayor (6 to 12 years) for physical violence to Prision Correccional for psychological violence.
- Fines: Between PHP 100,000 to PHP 300,000.
- Mandatory Psychological Counseling: Perpetrators are often required to undergo psychiatric treatment in addition to prison time.
Conclusion
Republic Act No. 9262 views the protection of children as inextricably linked to the protection of the mother. By providing swift legal remedies like Protection Orders and criminalizing a wide spectrum of abuse—from physical strikes to the withholding of tuition fees—the Philippine state fulfills its constitutional mandate to protect the youth and the sanctity of the family.