Learn more about The Anti-Violence Against Women and Their Children Act of 2004

WHEN A MAN HURTS A WOMAN
The Anti-Violence Against Women and Their Children Act of 2004


Although seemingly biased by singling out women and children, Republic
Act No. 9262 ("Anti-Violence Against Women and Their Children Act of
2004") in fact emphasizes that men, women and children have equal
rights to protection. When a man raises his hand against his wife or
child, or gets into the habit of doing so, the law can step in to stay
his blows.

The Act penalizes a host of acts which a man can resort to in order to
coerce, hurt, or otherwise abuse women. The law has seen fit to
recognize that while everyone is equal, women and children can be at a
great disadvantage when it comes to acts of violence, intimidation and
pressure. It has recognized “the need to protect the family and its
members particularly women and children, from violence and threats to
their personal safety and security.” (Section 2)

And the law goes beyond the traditional family setting. It prohibits
violence committed “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.xxx” (Section 3)

Acts of Violence

The law recognizes that these acts of violence against women and their
children can be by physical violence, sexual violence, psychological
violence, and economic abuse. (Section 2).

Specifically, these acts are as follows:

a) Causing physical harm to the woman or her child; threatening to
cause the woman or her child physical harm; attempting to cause the
woman or her child physical harm; placing the woman or her child in
fear of imminent physical harm;”

b) Attempting to compel or compelling the woman or her child to engage
in conduct which the woman or her child has the right to desist from
or desist from conduct which the woman or her child has the right to
engage in.. This shall include, but not limited to, the following:

(1) Threatening to deprive or actually depriving the woman or her
child of custody to her/his family;
(2) Depriving or threatening to deprive the woman or her children of
financial support legally due, or deliberately providing the woman's
children insufficient financial support;
(3) Depriving or threatening to deprive the woman or her child of a
legal right;
(4) Preventing the woman in engaging in any legitimate profession or
activity or controlling the victim's own money or properties, or
solely controlling the conjugal or common money, or properties;

c) Inflicting or threatening to inflict physical harm on oneself for
the purpose of controlling her actions or decisions;

d) Causing or attempting to cause the woman or her child to engage in
any sexual activity which does not constitute rape,;

e) Engaging in purposeful, knowing, or reckless conduct, personally or
through another, that alarms or causes substantial emotional or
psychological distress to the woman or her child. This shall include,
but not be limited to, the following acts:

1) Stalking or following the woman or her child in public or private
places;
2) Peering in the window or lingering outside the residence of the
woman or her child;
3) Entering or remaining in the dwelling or on the property of the
woman or her child against her/his will;
4) Destroying the property and personal belongings or inflicting harm
to animals or pets of the woman or her child; and
5) Engaging in any form of harassment or violence;

f) Causing mental or emotional anguish, public ridicule or humiliation
to the woman or her child, including, but not limited to, repeated
verbal and emotional abuse, and denial of financial support or custody
of minor children or access to the woman's child / children. (Section
5)

Prosecution

Significantly, the law states that violence against women and their
children is a public offense. Hence, cases against the perpetrator
may be prosecuted upon the filing of a complaint by any citizen having
personal knowledge of the same. (Section 25)
And no man can claim the influence of alcohol, any illicit drug, or
any other mind-altering substance as a defense from a prosecution
under the Act. (Section 27)
Punishment

Violation is punished by imprisonment, the length of which varies
depending on the gravity of the offense. If the acts are committed
while the woman or child is pregnant or committed in the presence of
her child, the penalty to be applied shall be the maximum period of
the penalty prescribed.

In addition to imprisonment, the perpetrator shall (a) pay a fine in
the amount of not less than P100,000.00 but not more than P300,000.00;
and (b) undergo mandatory psychological counseling or psychiatric
treatment and report compliance to the court. (Section 6)

Any victim of violence shall be entitled to actual, compensatory,
moral and exemplary damages. (Section 36)

Protection Order

Worth of note is that the law has also given recognition to a new type
of relief called the “protection order” in any instance involving
violence against women and their children.

The following are the forms of relief that may be sought against
respondent:

a) Prohibition from threatening to commit or committing, personally or
through another, any of the acts mentioned under Acts of Violence
above;

b) Prohibition from harassing, annoying, telephoning, contacting or
otherwise communicating with petitioner;

c) Removal and exclusion from petitioner’s residence, regardless of
ownership of the residence, either temporarily to protect petitioner,
or permanently where no property rights are violated, and if
respondent must remove personal effects, a law enforcement agent shall
accompany respondent;

d) Directing respondent to stay away from petitioner and designated
family or household member at a distance specified by the court, and
to stay away from the residence, school, place of employment, or any
specified place frequented by petitioner and any designated family or
household member;

e) Directing lawful possession and use by petitioner of an automobile
and other essential personal effects, regardless of ownership, and
directing a law enforcement officer to accompany petitioner to the
residence to ensure that petitioner is safely restored to the
possession of the same;

f) Granting a temporary or permanent custody of a child/children to
petitioner;

g) Directing respondent to provide support to the woman and/or her
child if entitled to legal support. The court shall order a
percentage of respondent’s income to be withheld regularly by
respondent's employer for the same to be automatically remitted
directly to the woman. Any delay in the remittance without
justifiable cause shall render respondent or his employer liable for
indirect contempt;

h) Prohibition from any use or possession of any firearm or deadly
weapon and order him to surrender the same, including revocation of
license and disqualification to apply for any license to use or
possess a firearm;

i) Restitution for actual damages caused by violence inflicted,
including, but not limited to, property damage, medical expenses,
childcare expenses and loss of income;

j) Directing the DSWD or any appropriate agency to provide assistance
petitioner may need; and

k) Provision of such other forms of relief as the court deems
necessary provided petitioner and any designated family or household
member consents to such relief. (Section 8)

And, it can be applied for not only by the victim. As provided in
Section 9, a “petition for protection order may also be filed by any
of the following: (a) parents or guardians of the offended party; (b)
ascendants, descendants or collateral relatives within the fourth
civil degree of consanguinity or affinity; (c) officers or social
workers of the DSWD or social workers of local government units
(LGUs); (d) police officers; (e) Punong Barangay or Barangay
Kagawad; (f) petitioner’s lawyer, counselor, therapist or healthcare
provider; (g) at least 2 concerned responsible citizens of the city
or municipality where the violence occurred and who has personal
knowledge of the offense committed.” A woman or a child is not left
defenseless if at least two strangers decide to take a hand in the
matter.

Such an order can be issued not only by the courts but even by the
Punong Barangay through the “Barangay Protection Order.” The other
orders are the temporary protection order (TPO) and permanent
protection order (PPO) which are issued by the “regional trial court,
metropolitan trial court, municipal trial court, municipal circuit
trial court with territorial jurisdiction over petitioner’s place of
residence.“ (Sections 8-10)

Every assistance is sought to be given to the victim. If they lack
the means to get their own counsel, the Public Attorney’s Office
(“PAO”) is mandated to assist them in the hearing the application for
a protection order. If the applicant lacks resources due to the
perpetrator’s acts, the PAO can likewise step in and act as counsel.
A private practitioner can likewise offer free legal services to them
(Section 13).
Battered Woman Syndrome
A woman who harms the perpetrator shall not incur any criminal and
civil liability even if not all the elements of self-defense are
present if she is found to be suffering from battered woman syndrome
(Section 26). "Battered Woman Syndrome" refers to a scientifically
defined pattern of psychological and behavioral symptoms found in
women living in battering relationships as a result of cumulative
abuse.” (Section 3(c))
The victim of violence shall be entitled to the custody and support of
her child/children. Children below 7 years old or older but with
mental or physical disabilities shall automatically be given to the
mother, with right to support, unless the court finds compelling
reasons to order otherwise. A victim who is suffering from battered
woman syndrome shall not be disqualified from having custody of her
children. In no case shall custody of minor children be given to the
abuser. (Section 28)
Other assistance
Barangay officials and law enforcers shall respond immediately;
confiscate any deadly weapon; transport the victim/s to a safe place;
assist the victim in removing personal belongs from the house; assist
other government employees who respond to a call for help; ensure the
enforcement of the Protection Orders; arrest the suspected perpetrator
wiithout a warrant when necessary; and immediately report the call for
assistance to the DSWD, LGUs or accredited non-government
organizations (NGOs). (Section 30)

Any healthcare provider who suspects abuse or has been informed by the
victim shall properly document the physical, emotional or
psychological injuries; properly record any of the victim's
suspicions, observations and pther circumstances of the examination or
visit; automatically provide the victim free of charge a medical
certificate of the examination or visit; safeguard the records and
make them available to the victim upon request at actual cost; and
provide the victim immediate and adequate notice of rights and
remedies provided under the Act, and services available to them.
(Section 31)

In every case of violence against women and their children, any
person, police authority or barangay official who, acting in
accordance with law, responds or intervenes without using violence or
restraint greater than necessary to ensure the safety of the victim,
shall not be liable for any criminal, civil or administrative
liability resulting therefrom. (Section 34)

When a man hurts a woman, all bets are off, the law has laid down
necessary steps specifically to protect her and her children.


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