Anti-violence Against Women and their Children

Republic Act No. 9262 or the Anti-Violence Against Women and their Children Act or (AVAWC Act of 2004) is the law penalizing acts of violence against women and their children as a public crime.

The State values the dignity of women and children and guarantees full respect for human rights. It also recognizes the need to protect the family and its members particularly women and children from violence and threats to their personal safety and security

VIOLENCE AGAINST WOMEN

Any ACT or series of ACTS committed by ANY PERSON against a WOMAN who is his

  • Wife
  • former wife
  • 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, legitimate or illegitimate, within or without the family abode

Results in or is likely to result in

  • Physical
  • Sexual
  • Psychological harm or suffering
  • Economic abuse includes threats thereof
    • Battery
    • Assault
    • Coercion
    • Harassment or
    • Arbitrary deprivation of liberty

Nature

  • Public offence

Prosecuted upon

  • Criminal complaint
  • any citizen
  • personal knowledge of circumstances involving the commission of the crime

Venue

  • RTC designated as Family Court or
  • In the absence of FC, RTC where the crime or any of its elements was committed at the option of the complainant

VIOLENCE CLASSIFIED

Physical Violence

  • acts that include bodily or physical harm
  • Medical Certificate or medico legal report needed
Sexual Violence
  • acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm, threat of physical or other harm, coercion, and
  • prostituting the woman or her child

Psychological Violence

  • Acts or omission causing or likely to cause mental or emotional suffering to the victim such as
  • Intimidation
  • Harassment
  • Stalking
  • damage to property
  • public ridicule or humiliation
  • repeated verbal abuse
  • marital infidelity

Economic Abuse

  • acts that make or attempt to make a woman financially dependent, includes
    • withdrawal of financial support
    • preventing the victim from engaging in legitimate profession, occupation, business or activity except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Art. 73 of the Family Code
    • deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common
    • destroying HOUSEHOLD property
    • controlling the victim’s own money or properties or solely controlling the conjugal money or properties

REMEDIES AND RELIEFS

  1. Protection Orders
    • Barangay Protection Order
    • Temporary Protection Order
    • Permanent Protection Order
  2. Confidentiality
    • Law enforcement officials, prosecution, judges, court personnel and medical practitioners as well as parties to the case shall recognize the right to privacy of the VS during investigation, prosecution and trial of an offence under the Act
    • Law enforcement officers and prosecutors conduct closed-door investigation
    • Media not allowed to have access to any information regarding the VS. Adult victim has choice to go public or speak with the media, preferably with the assistance of counsel
    • Barangay officials, law enforcers, prosecutors and court personnel not disclose names and personal circumstances of the VS or complainants or other information tending to establish their identities to the media or the public or compromise her identity
    • Unlawful for any person utilizing tri-media or information technology to cause publicity of the name or identity of the VS or complainant without her consent. Identities of children shall not be disclosed to the public without conformity of the city or provincial DSWD

*** Imprisonment of one (1) year and Fine of not more than P500,000.00

ROLE OF DILG:

  • Coordinate and monitor the implementation of RA 9262 through submission of quarterly VAWC Reports
  • Encourage the LGUs to establish the Creation of Local Committees on Anti-trafficking and Violence Against Women and Their Children (LCAT-VAWC) per DILG,DSWD & DOJ Joint MC 2010-01
  • Ensure LGU compliance on the Establishment of a VAW Desk and VAW Point Person in every barangay pursuant to Joint DILG-DSWD-DepEd-DOH-PCW MC No. 2010-2 dated December 9, 2010
  • As member of the Inter-agency Council on VAWC, attend meetings and activities and participate in the formulation of programs and projects to eliminate VAW based on the agency’s mandate