Violence Against Women and Their Children (RA 9262): How to File a Case and Get a Protection Order

Introduction

Republic Act No. 9262, also known as the Anti-Violence Against Women and Their Children Act of 2004, is a landmark Philippine law designed to protect women and their children from various forms of abuse and violence. Enacted on March 8, 2004, it recognizes the unequal power relations between men and women in intimate relationships and aims to eliminate gender-based violence by providing legal remedies, including protection orders and criminal prosecution. The law covers acts committed by intimate partners, such as husbands, live-in partners, or former partners, and extends protection to children, whether legitimate, illegitimate, or adopted.

This article provides a comprehensive overview of RA 9262, focusing on the procedures for filing a case and obtaining a protection order. It draws from the law's provisions, implementing rules, and established legal practices in the Philippine context. Victims are encouraged to seek immediate assistance from authorities, as the law prioritizes their safety and well-being.

Key Definitions Under RA 9262

Understanding the scope of RA 9262 begins with its key terms:

Woman: Refers to any female person, regardless of age, who is a victim of violence under the law. It includes wives, girlfriends, live-in partners, former partners, or women with whom the offender has or had a sexual or dating relationship.
Children: Includes biological children (legitimate or illegitimate), adopted children, stepchildren, or children under the legal custody of the woman victim, provided they are below 18 years old or over 18 but incapable of self-support due to physical or mental disability.
Violence Against Women and Their Children (VAWC): Defined as any act or series of acts committed by any person against a woman or her child that results in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse. This includes threats of such acts, coercion, or arbitrary deprivation of liberty, whether in public or private life.

The law applies to acts committed within the family or household, or in relationships where the offender exercises power and control over the victim.

Forms of Violence Covered by RA 9262

RA 9262 categorizes violence into four main types, each with specific examples:

Physical Violence: Acts causing bodily harm, such as slapping, punching, kicking, or using weapons. This includes battery, assault, or any form of physical injury.
Sexual Violence: Includes rape, acts of lasciviousness, treating a woman or child as a sex object, forcing sexual acts, or prostitution. It also covers forcing the victim to watch obscene materials or engage in indecent acts.
Psychological Violence: Involves acts causing mental or emotional suffering, such as intimidation, harassment, stalking, public humiliation, repeated verbal abuse, or controlling the victim's movements and social interactions.
Economic Abuse: Refers to acts that make or attempt to make the victim financially dependent, such as withholding financial support, destroying property, controlling the victim's money or employment, or forcing the victim to incur debts.

These forms can overlap, and the law recognizes that violence often escalates over time. Importantly, a single act may suffice to file a case if it meets the criteria.

Rights of Victims Under RA 9262

Victims of VAWC are entitled to several rights to ensure their protection and access to justice:

Right to be treated with respect and dignity by authorities.
Right to legal assistance, including free legal aid from the Public Attorney's Office (PAO) if indigent.
Right to privacy, with proceedings conducted in closed sessions if necessary.
Right to support services, such as temporary shelter, counseling, medical assistance, and livelihood support from government agencies like the Department of Social Welfare and Development (DSWD).
Right to custody of children, unless proven unfit, and protection from retaliation.
Exemption from mediation or conciliation in VAWC cases, as these are considered non-negotiable crimes against the state.

The law also mandates that law enforcement officers respond immediately to complaints and prioritize VAWC cases.

How to File a Case Under RA 9262

Filing a case under RA 9262 is a straightforward process designed to be accessible to victims. It can be initiated at various levels, and no filing fee is required for indigent petitioners. Here's a step-by-step guide:

Step 1: Seek Immediate Help

If in immediate danger, call the police (911) or go to the nearest barangay (village) office. Barangay officials are required to respond and can issue a Barangay Protection Order (BPO) on the spot.
Document evidence: Take photos of injuries, keep records of threatening messages, medical reports, witness statements, or any proof of abuse.

Step 2: File a Complaint

Where to File:
- Barangay Level: Start here for minor incidents or to obtain a BPO. The Punong Barangay or Kagawad can handle initial complaints.
- Police Station: File with the Women's and Children's Protection Desk (WCPD), present in most police stations. They can assist in filing criminal charges.
- Prosecutor's Office: For criminal prosecution, submit a complaint-affidavit directly to the city or provincial prosecutor.
- Regional Trial Court (RTC): For civil aspects like protection orders or support claims.
What to Include in the Complaint:
- Personal details of the victim and offender.
- Detailed description of the acts of violence, including dates, places, and witnesses.
- Supporting evidence.
- Request for relief, such as a protection order or child support.

Step 3: Preliminary Investigation

The prosecutor conducts a preliminary investigation to determine if there's probable cause. The offender is given a chance to respond.
If probable cause is found, the case is filed in court as a criminal action. VAWC is a public crime, meaning it proceeds even if the victim later withdraws.

Step 4: Court Proceedings

The case is heard in the RTC designated as a Family Court.
Trials are expedited, with continuous hearings if possible.
The victim may testify via video conference or in closed court to protect privacy.

Special Considerations

No Prescription Period: Unlike other crimes, VAWC cases have no time limit for filing if involving psychological violence; physical and sexual violence prescribe after 10-20 years depending on severity.
Battered Woman Syndrome: Recognized as a defense for women who commit crimes against their abusers due to cumulative abuse.
Custody and Support: The court can award temporary custody and support pendente lite (while the case is ongoing).

Obtaining a Protection Order Under RA 9262

Protection orders are a key feature of RA 9262, providing immediate relief without needing a full trial. They prohibit the offender from committing further violence and can include provisions for distance, support, and custody. There are three types:

Barangay Protection Order (BPO):
- Issued by the Punong Barangay or Kagawad.
- Valid for 15 days.
- How to Get: File a verbal or written complaint at the barangay. It can be issued ex parte (without notifying the offender) if there's imminent danger.
- Provisions: Orders the offender to stay away, cease threats, or provide support.
Temporary Protection Order (TPO):
- Issued by the RTC.
- Valid for 30 days, renewable.
- How to Get: File a verified petition with the RTC. The court must act within 24 hours, and it can be issued ex parte based on the petition and affidavits.
- Provisions: Similar to BPO but more comprehensive, including prohibiting contact, granting custody, ordering support, or requiring the offender to leave the home.
Permanent Protection Order (PPO):
- Issued by the RTC after a full hearing.
- Valid indefinitely until revoked.
- How to Get: After the TPO expires or during the main case, request a PPO. Both parties present evidence in a summary hearing.
- Provisions: Permanent versions of TPO reliefs, enforceable nationwide.

Enforcement of Protection Orders

Violation of a BPO, TPO, or PPO is punishable by fine or imprisonment.
Police must enforce orders, including arresting violators without a warrant if necessary.
Victims can seek help from the DSWD or NGOs for monitoring compliance.

Penalties for Violations of RA 9262

Penalties depend on the severity of the violence:

Physical Violence: Punishable by imprisonment from 1 month to 6 years, plus fines.
Sexual Violence: Follows penalties under the Revised Penal Code or Anti-Rape Law, with aggravating circumstances.
Psychological Violence: Imprisonment from 6 months to 6 years.
Economic Abuse: Similar penalties, often combined with other forms.

If the act causes serious injury or death, penalties escalate. Repeat offenders face higher sentences. The law also allows for civil damages for emotional distress.

Support Services and Implementation

Government agencies play crucial roles:

DSWD: Provides shelters, counseling, and rehabilitation.
DOJ and PNP: Handle prosecution and enforcement.
Local Government Units (LGUs): Establish VAWC desks in barangays.
NGOs: Organizations like Gabriela or the Philippine Commission on Women offer advocacy and legal aid.

The Supreme Court has issued rules for handling VAWC cases, emphasizing sensitivity training for judges and personnel. Inter-agency councils monitor implementation.

Challenges and Reforms

Despite its strengths, challenges include underreporting due to stigma, lack of awareness, and resource constraints in rural areas. Victims may face retaliation or pressure to reconcile. Ongoing efforts include awareness campaigns and amendments to strengthen enforcement, such as integrating with other laws like the Safe Spaces Act (RA 11313).

Conclusion

RA 9262 empowers women and children to break free from cycles of violence by providing accessible legal tools. Filing a case or seeking a protection order is a critical step toward safety and justice. Victims should not hesitate to reach out to authorities or support groups, as the law is on their side. For personalized advice, consulting a lawyer or the PAO is recommended.