RA 9262: The VAWC Law

Violence against women and children refers to any act committed by anybody against his wife, former wife, common-law wife or woman with whom he has a child, or against his child -whether legitimate or illegitimate- or against the woman's child regardless of whether committed at home or outside and resulting in economic, physical, sexual, psychological or emotional abuse. The following in the list are the violations of the VAWC Law:

1.) Causing physical harm to the woman and/or her child. If this constitutes frustrated or consummated parricide, homicide, murder or mutilation, the penalty is the same for these crimes in the Revised Penal Code. If they constitute serious physical injuries, the penalty is prision mayor; if less serious physical injuries, prision correccional; if slight physical injuries, arresto mayor.

2.) Threatening to physically harm the woman or her child. The penalty for this is 2 degrees lower than what the law prescribes for the actual crime but won't be lower than prision mayor.

3.) Attempting to physically harm the woman or her child.

4.) Placing the woman or her child in fear of imminent physical harm

In 3 and 4, the penalty is arresto mayor.

5.) Making a woman or her child engage in conduct that they don't want to or making them not engage in conduct they want to engage in or interfering with their freedom of movement by force, intimidation or threats. This includes any of the following, though the list isn't exclusive:

a.) Depriving, or even threatening to deprive, the woman or her child of custody to his/her family.

b.) Depriving or threatening to deprive a woman or her child of a legal right.

c.) Depriving or threatening to deprive a woman or her child of the financial support due her or her family, or even deliberately giving insufficient support.

Violations of this category are punishable by prision correccional.

6.) Committing (believe it or not!) self-inflicted injuries, or even threatening to do them (drama king,) in order to control the woman or child's actions and decisions. This is punishable by arresto mayor.

7.) Making the woman or child engage in sexual activity that doesn't constitute rape, although using force, threats or intimidation on the woman, child or immediate family members. This one gets prision mayor.

8.) Knowingly engaging in reckless conduct in order to substantially cause psychological or emotional distress to the woman or child. This includes any of the following on the list but once again, the list isn't exclusive:

a.) Stalking the woman or child.

b.) Peering in the window or hanging outside the house of the woman or child.

c.) Entering the property of the woman or child against his/her will, or even remaining in it.

d.) Destroying the property and personal belongings of the woman or child, including harming his or her pets.

e.) Doing any form of harassment or violence.

9.) Publicly humiliating the woman or child or causing her/him emotional or mental anguish through repeated verbal and emotional abuse, denying financial support or custody of minor children  or access of the woman to her children.

For 8 and 9, the penalty is prision mayor.

Also, a fine of Php100,000.00 to 300,000.00 will be imposed, as well as mandatory counselling or psychiatric treatment. If these acts were committed while the woman or child was pregnant or committed in the presence of he child, the maximum period of the penalty will be imposed. 

Protection Orders

These are issued by the Barangay (BPO) or the court (TPO, PPO.) Any of the following can apply for a protection order to prevent further acts of violence against the woman or her child:

1.) The woman or child

2.) Relatives within the 4th civil degree

3.) Parents or guardians

4.) Officers or social workers of the DSWD or local government unit

5.) The police

6.) The Barangay Captain or Kagawad

7.) The woman or child's lawyer, therapist, doctor or healthcare provider

8.) At least 2 concerned citizens of the city or municipality where the crime was committed, provided they have personal knowledge of the crime.

A BPO has a lifetime of 15 days while a TPO has 30. A PPO is a permanent protection order.

Violation of a protection order carries with it a fine of Php5,000.00 to 50,000.00 and/or a 6-month prison term.

A woman can also be a perpetrator of the VAWC Law.

Check out the prison terms here.