Filing a VAWC Case Under RA 9262

Who the Law Protects

Republic Act No. 9262 (RA 9262), the Anti-Violence Against Women and Their Children Act of 2004, punishes acts against a woman by a person who:

• is or was her husband;
• has or had a dating relationship with her (the law means being romantically involved over time and on a continuing basis, not a casual acquaintance);
• has or had a sexual relationship with her, even a single time; or
• has a common child with her.

It also protects her children, legitimate or not, and children in her care, whether the abuse happens inside or outside the home. The Philippine Commission on Women (PCW) notes that the abuser can also be a woman, such as a lesbian partner or ex-partner.

The act does not have to happen at home, and you do not have to be living together.

The Four Kinds of Abuse

• Physical violence: acts that cause bodily or physical harm, such as hitting, slapping, kicking or choking.
• Sexual violence: acts of a sexual nature against a woman or her child, such as rape, sexual harassment, forcing her to watch obscene material, or forcing her or her child into sexual activity.
• Psychological violence: acts that cause mental or emotional suffering, such as intimidation, threats, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse, and marital infidelity.
• Economic abuse: acts that make a woman financially dependent, such as withdrawing or withholding financial support, stopping her from working or running a business, destroying shared property, or controlling her money.

Section 5 of RA 9262 lists the punishable acts. They include causing or threatening physical harm, placing the woman in fear, forcing or restricting her movements or decisions, depriving her or her children of financial support or deliberately giving the children too little support, stalking or harassing her, and causing her mental or emotional anguish, public ridicule or humiliation.

If the problem is mainly unpaid support, see also child support.

Where to File

VAWC is a public crime (Section 25). The case is brought by the State, and besides you, any citizen with personal knowledge of the abuse can file a complaint.

• Women and Children Protection Desk (WCPD) at the police station. The police can take your sworn statement, help you get a medical exam, record evidence and refer the complaint to the prosecutor.
• Office of the City or Provincial Prosecutor. You can file a written, sworn complaint there directly. The prosecutor decides whether there is enough basis to bring the case to court.
• Barangay VAW desk, for an immediate Barangay Protection Order (BPO) and referral to the police, social workers and medical help. The barangay does not try the criminal case.

If the prosecutor finds enough basis, the case is filed in the Family Court (a Regional Trial Court branch designated for family cases) of the place where the crime or any part of it happened (Section 7).

For the general steps of a criminal complaint, see filing a criminal complaint.

No Barangay Settlement

Many neighbourhood disputes must start with barangay conciliation. VAWC cases do not. The PCW explains that conciliation and mediation (settlement talks) of violence against women and their children are not allowed under RA 9262. Barangay officials, police and social workers should not push you to settle, drop the case or "fix it in the family".

A Protection Order is separate from the criminal case and you can ask for both. A BPO is issued by the barangay on the same day; a court can issue a Temporary Protection Order and then a Permanent Protection Order. See Protection Orders and how to get a Protection Order.

Penalties

Section 6 of RA 9262 sets the penalties by the kind of act:

In plain terms, arresto mayor is 1 month and 1 day to 6 months in jail, prision correccional is 6 months and 1 day to 6 years, and prision mayor is 6 years and 1 day to 12 years (Article 27 of the Revised Penal Code).

On top of jail time, the offender pays a fine of ₱100,000 to ₱300,000 and must undergo psychological counseling or psychiatric treatment. If the woman is pregnant, or the act is done in front of her child, the penalty is raised to the maximum period.

The time to file (prescription) is 20 years for the acts in Section 5(a) to (f), such as physical harm, threats and forcing or controlling her, and 10 years for those in Section 5(g) to (i), such as sexual activity that is not rape, stalking and psychological abuse (Section 24). Do not wait, though: evidence is easier to gather early.

Battered Woman Syndrome

Battered Woman Syndrome is a pattern of psychological and behavioral symptoms found in women living in an abusive relationship, as a result of cumulative abuse. Under Section 26 of RA 9262, a woman whom the court finds to be suffering from it does not incur criminal or civil liability for her act, even if not all the usual requirements of self-defense are present. The court may hear psychiatrists or psychologists on her state of mind.

This is a defense raised in court. If you are facing a charge, get legal help early from the Public Attorney's Office (PAO) or the IBP legal aid office.