The Anti-Violence Against Women and Their Children Act (VAWC)

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SUBJECT: The Anti-Violence Against Women and Their Children Act (VAWC)

I. Introduction and Legal Basis
This memorandum addresses Republic Act No. 9262, otherwise known as “The Anti-Violence Against Women and Their Children Act of 2004.” The law provides a comprehensive legal framework for the protection of women and their children from all forms of violence, recognizing that such violence “is a public crime” that the State must address. It defines and criminalizes acts of violence occurring within the family or domestic setting, providing both criminal penalties and civil remedies for victims.
II. Protected Persons
The law protects “women and their children.” A “woman” is any female person, regardless of age, who is or has been in a relationship with the offender. This includes wives, former wives, sexual or romantic partners, or dating relationships. “Children” refer to those below eighteen (18) years of age or older but incapable of self-care, who are the offspring of the woman or the offender.
III. Definition of Violence under the Law
VAWC encompasses acts “resulting in or likely to result in physical, sexual, psychological harm or suffering, or economic abuse.” It is not limited to physical harm but includes a spectrum of abusive behaviors intended to control, intimidate, or degrade the victim.
IV. Enumerated Acts of Violence (Key Provisions)
The law specifically criminalizes, but is not limited to, the following acts:
A. Physical Violence – Acts that cause bodily harm, e.g., battering, assault, coercion.
B. Sexual Violence – Rape, sexual harassment, acts of lasciviousness, forcing a woman/her child to watch or engage in pornography.
C. Psychological Violence – Acts causing mental/emotional anguish, public ridicule, repeated verbal abuse, threats, stalking, or destruction of property.
D. Economic Abuse – Making a woman/her child financially dependent by controlling resources, prohibiting school/employment, or destroying household property.
V. Nature of the Offense and Relationship Context
VAWC is a crime of private violence, meaning the offender and victim have a special relationship. The law applies when the act is committed by the woman’s:

Husband or former husband;

Live-in partner or former live-in partner;

Boyfriend/dating partner or former boyfriend/dating partner;

Sexual partner or former sexual partner; or

The father of her child.

VI. Key Procedural Aspects
A. No Prescriptive Period – Actions for VAWC crimes do not prescribe (Section 24). This allows victims to file charges at any time after the commission of the act.
B. Bail Considerations – The grant of bail is discretionary; if charged with a crime punishable under the Revised Penal Code, the bail must be at least double the standard amount.
C. Barangay Protection Orders (BPOs) – Issued by the Punong Barangay for immediate protection, valid for 15-30 days.
D. Temporary and Permanent Protection Orders (TPO/PPO) – Issued by the courts, these are central remedies that can provide a wide range of reliefs, including eviction of the offender, support, and custody awards.
VII. Penalties
Penalties are severe and graduated. For example:

Acts causing physical harm are generally punishable by prision mayor (6 years, 1 day to 12 years).

Acts causing mental/emotional anguish are punishable by prision correccional (6 months, 1 day to 6 years).

Attempting to compel a woman to engage in conduct the latter has a right to desist from is punishable by arresto mayor (1 month, 1 day to 6 months).

More severe penalties are imposed if acts are committed in the presence of the child, while the woman is pregnant, or with the use of a deadly weapon.

VIII. Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC)
The law mandates the creation of the IAC-VAWC to formulate programs and monitor the law’s implementation, involving agencies like the DSWD, DOJ, PNP, and NGOs.
IX. Practical Remedies
Immediate steps for a victim or her counsel include: 1) Securing a Barangay Protection Order (BPO) from the Lupon for instant, short-term safety; 2) Filing an application for a Temporary Protection Order (TPO) with the Family Court, Regional Trial Court, or Municipal Trial Court with jurisdiction, supported by a detailed affidavit; 3) Simultaneously filing a criminal complaint with the Prosecutor’s Office or a civil action for damages; 4) Seeking medical and psychological evaluation from a government hospital or the DOH to document injuries; 5) Coordinating with the Women and Children’s Protection Desk (WCPD) of the PNP for assistance in reporting and evidence gathering; 6) Requesting temporary custody of children and support through the TPO/PPO; and 7) Availing of psychosocial services from the DSWD or accredited NGOs. It is critical to preserve all evidence, including threatening messages, photographs of injuries, and witness accounts. Remember, the victim’s testimony alone, if credible, can be sufficient to establish the crime.