I. Introduction

The Philippines has one of the most progressive legal frameworks in Asia for the protection of women and children from violence. The primary law is Republic Act No. 9262, otherwise known as the Anti-Violence Against Women and Their Children Act of 2004 (Anti-VAWC Act), enacted on March 8, 2004 and took effect on March 27, 2004.

Complementing RA 9262 is Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act of 1992, as amended), which specifically addresses child abuse, including sexual abuse, physical violence, and exploitation.

These two laws, together with related statutes such as RA 8353 (Anti-Rape Law of 1997), RA 9775 (Anti-Child Pornography Act of 2009), RA 10364 (Expanded Anti-Trafficking in Persons Act of 2012), RA 11313 (Safe Spaces Act of 2019), and RA 11648 (2022 amendment raising the age of statutory rape), form the comprehensive legal shield against violence targeting women and children.

II. Republic Act No. 9262: The Anti-VAWC Act of 2004

A. Coverage and Who Are Protected

The law protects:

A woman who is or has been a wife;
A woman with whom the offender has or had a sexual or dating relationship;
A woman with whom the offender has a common child;
The legitimate or illegitimate child of the woman (whether living with them or not).

The offender is almost always a man in an intimate or familial relationship with the woman. The law is not gender-neutral; violence committed by women against men is prosecuted under the Revised Penal Code (physical injuries, threats, etc.).

B. Definition of Violence Against Women and Children

Section 3 defines VAWC as:

“any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person 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, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.”

C. Four Categories of Violence Under RA 9262

Physical Violence
Acts that cause or are likely to cause bodily or physical harm (punching, slapping, kicking, choking, hair-pulling, burning, etc.).
Sexual Violence
- Forcing the woman or her child to engage in sexual acts against her/his will;
- Forcing the woman to perform sexual acts that humiliate, degrade, or violate her dignity;
- Sexual relations with the woman through force, threat, or intimidation;
- Marital rape is explicitly recognized (overturning the previous marital exemption in the RPC).
Psychological Violence
Acts or omissions causing or likely to cause mental or emotional suffering, including but not limited to:
- Intimidation, harassment, stalking, public ridicule or humiliation;
- Repeated verbal abuse and cursing;
- Controlling behavior (preventing the woman from seeing family/friends, monitoring her phone, restricting movement);
- Causing the woman or child to witness pornography or abuse of another;
- Destruction of property or harm to pets to instill fear.
Economic Abuse
- Withdrawal of financial support or preventing the woman from engaging in lawful employment;
- Depriving or threatening to deprive the woman or her child of financial resources, custody, or access to family home;
- Destroying household property;
- Controlling the conjugal or common money/property.

D. Protection Orders Under RA 9262

These are the most powerful and innovative remedies of the law:

Barangay Protection Order (BPO) – Sec. 14
Issued by the Punong Barangay within 24 hours of application.
Valid for 15 days.
Can order the perpetrator to stay away, desist from harassing, etc.
Violation is punishable by imprisonment of 30 days (considered contempt of court).
Temporary Protection Order (TPO) – Sec. 15
Issued by Regional Trial Court (Family Court) within 24 hours after filing of petition.
Effective for 30 days, extendible.
Can include: removal of offender from residence, custody of children to victim, support pendente lite, prohibition on approaching victim/child within specified distance.
Permanent Protection Order (PPO) – Sec. 16
Issued after trial/hearing.
Effective for as long as necessary (can be lifetime).
Same reliefs as TPO but permanent.

Protection orders are issued ex parte (without notice to respondent) if there is imminent danger.

E. Penalties Under RA 9262

Violation of RA 9262 is punished based on the category of violence committed:

Acts falling under physical violence that constitute serious physical injuries: prision mayor (6 years 1 day to 12 years)
Acts constituting slight physical injuries: arresto mayor (1 month 1 day to 6 months)
Psychological violence and economic abuse: prision correccional (6 months 1 day to 6 years)
Violation of protection order: imprisonment of 30 days (for BPO) or prision correccional (for TPO/PPO)

All crimes under RA 9262 are public crimes – the State prosecutes even if the victim desists or pardons the offender.

F. Battered Woman Syndrome (BWS) as a Defense – Sec. 26

A woman who suffers from BWS and commits a crime against her abuser in the presence of imminent danger is justified and exempt from criminal and civil liability. The law adopts the cycle of violence theory (tension-building, acute battering, honeymoon phase).

G. Prescriptive Period

20 years for all VAWC crimes (longer than ordinary crimes under the Revised Penal Code).

H. Venue and Procedure

Criminal action: filed where the crime was committed or where the victim resides (at victim’s choice).
Protection order petition: filed in the Family Court of the place where the victim resides.
No filing fees, no mediation, no custody/visitation issues resolved during pendency of VAWC case.

III. Republic Act No. 7610: Special Protection of Children Against Abuse, Exploitation and Discrimination Act

This law protects children from all forms of abuse, including:

Child abuse (physical, psychological, sexual)
Child prostitution and child trafficking
Obscene publications and indecent shows
Circumstances that endanger child survival and development (child labor, exposure to violence)

Penalties are severe (reclusion temporal to reclusion perpetua depending on the act).

RA 7610 is often used in conjunction with RA 9262 when the child is the direct victim or when the child witnesses domestic violence (considered child abuse under the IRR of RA 9262).

IV. Related Laws

RA 8353 (Anti-Rape Law of 1997) – reclassified rape as crime against persons; recognized marital rape (later reinforced by RA 9262).
RA 9775 (Anti-Child Pornography Act of 2009)
RA 10364 (Expanded Anti-Trafficking in Persons Act of 2012)
RA 11313 (Safe Spaces Act or Bawal Bastos Law of 2019) – punishes gender-based sexual harassment in public spaces, workplaces, educational institutions, and online.
RA 11648 (2022) – raised the age below which sexual intercourse is statutory rape from 12 to 16 years old.

V. Implementing Rules and Regulations (IRR)

The IRR of RA 9262 was issued in 2004 and jointly signed by the DSWD, DOJ, DILG, PNP, and NCWC. It provides detailed procedures for barangay officials, police, prosecutors, and courts.

VI. Landmark Supreme Court Decisions

Garcia v. Drilon (G.R. No. 179267, June 25, 2013) – upheld the constitutionality of RA 9262 against claims of violation of equal protection.
Jesus C. Garcia v. Hon. Ray Alan Drilon – confirmed that protection orders may be issued ex parte.
Dizon v. People (2020) – clarified that dating relationship need not be current; a single act can constitute VAWC if it causes psychological harm.

VII. Conclusion

The Anti-VAWC Act (RA 9262) and RA 7610, together with their related statutes, provide one of the strongest legal frameworks in the world for protecting women and children from violence. The law’s innovative remedies — particularly the immediate issuance of protection orders and recognition of psychological and economic abuse — have saved countless lives and empowered survivors to leave abusive relationships without fear of losing custody or financial support.

Despite implementation challenges (lack of training among barangay officials, underreporting, cultural acceptance of violence), the Philippine legal system has consistently upheld and strengthened these protections through jurisprudence and subsequent legislation.

As of 2025, RA 9262 remains the primary and most comprehensive law on domestic violence and intimate partner violence in the country.