Module 5.4: Anti-Violence Against Women and Their Children Act of 2004 (RA 9262)

I. Definition of Violence Against Women and Their Children (VAWC)

Republic Act No. 9262, known as the "Anti-Violence Against Women and Their Children Act of 2004" (VAWC), is a landmark legislation in the Philippines that seeks to address the prevalent issue of violence committed against women and their children.

VAWC refers to any act or a series of acts committed by any person 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.

II. The Four Major Acts of Violence Under RA 9262

RA 9262 classifies violence into four distinct categories:

Physical Violence:
- This refers to any act that includes bodily or physical harm. It is the most visible form of violence.
- Examples include: hitting, punching, kicking, slapping, pushing, and restraining.
Sexual Violence:
- Refers to an act which is sexual in nature, committed against a woman or her child.
- Examples include:
  - Rape, sexual harassment, acts of lasciviousness.
  - Treating a woman or her child as a sex object.
  - Making demeaning and sexually suggestive remarks.
  - Forcing the woman or her child to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make films thereof.
  - Prostituting the woman or her child.
Psychological Violence:
- Acts or omissions causing or likely to cause mental or emotional suffering of the victim.
- Examples include:
  - Intimidation or threats.
  - Harassment and stalking.
  - Damage to property.
  - Public ridicule or humiliation.
  - Repeated verbal abuse.
  - Inflicting harm to pets.
  - Controlling the victim’s own money or properties.
Economic Abuse:
- Refers to acts that make or attempt to make a woman financially dependent upon her abuser.
- Examples include:
  - Withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity.
  - 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.

III. Penalties for Acts of VAWC

Any person found guilty of committing an act of violence against women and their children shall be punished with:

Imprisonment: Ranging from one (1) month and one (1) day to twenty (20) years, depending on the gravity of the act.
Fines: Ranging from One Hundred Thousand Pesos (P100,000.00) to Three Hundred Thousand Pesos (P300,000.00).
Mandatory Psychological Counseling or Psychiatric Treatment: For the perpetrator.

IV. Protection Orders

A Protection Order is an order issued under RA 9262 for the purpose of preventing further acts of violence against a woman or her child and granting other necessary relief. Its objective is to safeguard the victim from further harm, minimize any disruption in the victim's daily life, and facilitate the opportunity and ability of the victim to independently regain control over her life.

There are three types of protection orders:

Barangay Protection Order (BPO):
- Who can issue: Punong Barangay or Barangay Kagawad.
- Effectivity: Fifteen (15) days.
- It is issued in response to a complaint filed by the victim, and its main purpose is to immediately secure the safety of the victim.
Temporary Protection Order (TPO):
- Who can issue: Court of competent jurisdiction.
- Effectivity: Thirty (30) days.
- It is issued by the court on the date of filing of the application after ex parte determination that such order should be issued.
Permanent Protection Order (PPO):
- Who can issue: Court of competent jurisdiction.
- Effectivity: Permanent, until revoked by a court upon application of the person in whose favor the order was issued.
- It is issued by the court after notice and hearing.

V. Multiple Choice Questions (MCQs)

Instructions: Choose the best answer for each question.

1. What does VAWC stand for in the context of RA 9262? a) Violence and Women's Coalition b) Violence Against Women and their Children c) Violent Acts on Women and Children d) Violence and Abuse of Women and Children

2. Which of the following is NOT considered an act of violence under RA 9262? a) Physical harm b) Sexual abuse c) Constructive criticism d) Economic abuse

3. A man constantly humiliates his wife in public, causing her emotional distress. What type of violence is this? a) Physical Violence b) Sexual Violence c) Psychological Violence d) Economic Abuse

4. Preventing a woman from working or taking control of her salary is an example of what kind of abuse under VAWC? a) Physical Violence b) Sexual Violence c) Psychological Violence d) Economic Abuse

5. Who can be a victim under RA 9262? a) Only the legal wife b) The wife, former wife, a woman in a sexual or dating relationship with the offender, and their children c) Only the children of the offender d) Any woman, regardless of her relationship with the offender

6. A Barangay Protection Order (BPO) is effective for how many days? a) 10 days b) 15 days c) 30 days d) 60 days

7. Who can issue a Temporary Protection Order (TPO)? a) The Punong Barangay b) A police officer c) The court d) The DSWD social worker

8. Which protection order has a permanent effectivity until revoked by the court? a) Barangay Protection Order (BPO) b) Temporary Protection Order (TPO) c) Permanent Protection Order (PPO) d) All of the above

9. What is the main purpose of a Protection Order? a) To punish the offender immediately b) To compensate the victim financially c) To prevent further acts of violence and safeguard the victim d) To dissolve the marriage or relationship

10. Stalking, which includes following a person or placing them under surveillance, is a form of: a) Physical Violence b) Sexual Violence c) Psychological Violence d) Economic Abuse

11. RA 9262 applies to violence committed by a person against: a) Any woman he knows b) A woman with whom he has or had a sexual or dating relationship c) His female employer d) Strangers only

12. The penalty for violating RA 9262 can include: a) Imprisonment and fine b) Community service only c) A public apology d) Deportation for Filipino citizens

13. A man threatens to harm his ex-girlfriend's new partner if she does not get back with him. This act constitutes: a) A legal right of the man b) A justifiable act of jealousy c) Psychological violence under RA 9262 d) A private matter between the two individuals

14. A Permanent Protection Order is issued after: a) The filing of the complaint b) An ex parte determination by the court c) Notice and hearing d) The offender has been imprisoned

15. Which of the following is a key declaration of policy under RA 9262? a) The State values the property rights of men over their families. b) The State recognizes the traditional family structure as absolute. c) The State values the dignity of women and children and guarantees full respect for their human rights. d) The State prioritizes the privacy of the family over the safety of its members.

Answer Key:

b) Violence Against Women and their Children
c) Constructive criticism
c) Psychological Violence
d) Economic Abuse
b) The wife, former wife, a woman in a sexual or dating relationship with the offender, and their children
b) 15 days
c) The court
c) Permanent Protection Order (PPO)
c) To prevent further acts of violence and safeguard the victim
c) Psychological Violence
b) A woman with whom he has or had a sexual or dating relationship
a) Imprisonment and fine
c) Psychological violence under RA 9262
c) Notice and hearing
c) The State values the dignity of women and children and guarantees full respect for their human rights.