The Anti-Violence Against Women and Their Children Act of 2004, R.A. 9262, protects women and their children from abuse committed by a husband or former husband, or by a man with whom the woman has or had a sexual or dating relationship, or with whom she has a common child. It provides two remedies that often run together: a criminal case and a protection order.
The four forms of violence
- Physical violence: acts that cause bodily or physical harm.
- Sexual violence: acts of a sexual nature committed against the woman or her child, including forcing her to watch obscene material or treating her as a sex object.
- Psychological violence: acts that cause mental or emotional suffering, such as intimidation, harassment, stalking, public humiliation, repeated verbal abuse, and marital infidelity.
- Economic abuse: making or trying to make a woman financially dependent, such as withdrawing financial support, preventing her from working, or controlling her own money or property.
For psychological violence, the prosecution must prove not only the act but also the resulting mental or emotional anguish. Testimony of the victim, supported by records, messages, and witnesses, is usually central. A psychologist's evaluation can help but is not always required.
Protection orders: BPO, TPO and PPO
- Barangay Protection Order (BPO). Issued by the Punong Barangay (or a kagawad if the Punong Barangay is unavailable), usually on the day of application. It orders the respondent to stop committing or threatening violence and is effective for 15 days.
- Temporary Protection Order (TPO). Issued by the court, often ex parte on the day the petition is filed, and effective for 30 days, extendable until the court decides on the permanent order.
- Permanent Protection Order (PPO). Issued by the court after notice and hearing. It stays in effect until revoked by the court.
A court protection order can do much more than a BPO. It may exclude the respondent from the home, require him to stay away from the woman and her children at a set distance, award temporary custody, order support (including automatic deduction from salary), and require the surrender of firearms.
Who may apply for a protection order
The woman herself, her parents or guardians, her ascendants, descendants, or relatives within the fourth civil degree, social workers of the DSWD or the local government, police officers, the Punong Barangay or a kagawad, a lawyer, counselor, therapist, or healthcare provider of the petitioner, or at least two concerned citizens of the city or municipality who have personal knowledge of the offense.
Where and when to file
- The criminal case and the petition are filed with the Family Court (a designated Regional Trial Court) where the act or any of its elements happened, or where the woman resides.
- VAWC cases are not subject to barangay conciliation, and the law does not allow mediation or compromise on the protection order itself.
- Prescriptive periods: 20 years for acts under Section 5(a) to (f), mostly physical and sexual violence and threats; 10 years for acts under Section 5(g) to (i), which include many forms of psychological and economic abuse.
Practical tips for complainants
- Seek medical care first and ask for a medico-legal certificate for physical injuries.
- Keep screenshots, chat logs, call logs, photos, and bank records. Back them up outside your phone.
- Write down a timeline: dates, places, what was said and done, and who saw it.
- If you are in immediate danger, go to the barangay or the Women and Children Protection Desk of the nearest police station.
Practical tips for respondents
- Obey the protection order even if you believe it is unfair. Violating it is a separate offense and will hurt your defense.
- Do not contact the complainant directly or through friends to "settle." This may be treated as harassment.
- Attend the hearing on the permanent protection order. It is your opportunity to present your side and evidence.
- Preserve your own evidence, including proof of support you have given and communications that show context.
- Get counsel before submitting a counter-affidavit at the prosecutor's office.
Who is covered. R.A. 9262 protects women and their children. The offender is usually a man, but in Garcia v. Drilon (2013) the Supreme Court recognized that the law also covers a woman who abuses her female partner. Men who suffer abuse are not covered by R.A. 9262 itself but may file cases under the Revised Penal Code and other laws.
Frequently asked questions
Can a VAWC case be settled at the barangay?
No. VAWC cases are not covered by barangay conciliation, and protection orders cannot be the subject of compromise.
Is infidelity a crime under VAWC?
Marital infidelity is listed as a form of psychological violence. The prosecution must still prove that it caused the woman mental or emotional anguish.
Is failing to give support VAWC?
Deliberately depriving a woman or her children of financial support legally due them can be economic abuse under Section 5(e). The facts and the intent behind the non-support matter.
Can I get a protection order without filing a criminal case?
Yes. A petition for a protection order is independent of a criminal case and may be filed on its own.