Republic Act No.

9262             March 08, 2004 liberty. It includes, but is not limited to,
the following acts:
AN ACT DEFINING VIOLENCE AGAINST
WOMEN AND THEIR CHILDREN, PROVIDING A. "Physical Violence" refers to
FOR PROTECTIVE MEASURES FOR acts that include bodily or
VICTIMS, PRESCRIBING PENALTIES physical harm;
THEREFORE, AND FOR OTHER PURPOSES
B. "Sexual violence" refers to an
Be it enacted by the Senate and House of act which is sexual in nature,
Representatives of the Philippine Congress committed against a woman or
Assembled: her child. It includes, but is not
limited to:
SECTION 1. Short Title.- This Act shall be
known as the "Anti-Violence Against Women a) rape, sexual
and Their Children Act of 2004". harassment, acts of
lasciviousness, treating
SECTION 2. Declaration of Policy.- It is hereby a woman or her child as
declared that the State values the dignity of a sex object, making
women and children and guarantees full respect demeaning and sexually
for human rights. The State also recognizes the suggestive remarks,
need to protect the family and its members physically attacking the
particularly women and children, from violence sexual parts of the
and threats to their personal safety and security. victim's body, forcing
her/him to watch
obscene publications
Towards this end, the State shall exert efforts to
and indecent shows or
address violence committed against women and
forcing the woman or
children in keeping with the fundamental
her child to do indecent
freedoms guaranteed under the Constitution and
acts and/or make films
the Provisions of the Universal Declaration of
thereof, forcing the wife
Human Rights, the convention on the Elimination
and mistress/lover to
of all forms of discrimination Against Women,
live in the conjugal
Convention on the Rights of the Child and other
home or sleep together
international human rights instruments of which
in the same room with
the Philippines is a party.
the abuser;
SECTION 3. Definition of Terms.- As used in this
b) acts causing or
Act,
attempting to cause the
victim to engage in any
(a) "Violence against women and their sexual activity by force,
children" refers to any act or a series of threat of force, physical
acts committed by any person against a or other harm or threat
woman who is his wife, former wife, or of physical or other
against a woman with whom the person harm or coercion;
has or had a sexual or dating
relationship, or with whom he has a
c) Prostituting the
common child, or against her child
woman or child.
whether legitimate or illegitimate, within
or without the family abode, which result
in or is likely to result in physical, sexual, C. "Psychological violence"
psychological harm or suffering, or refers to acts or omissions
economic abuse including threats of causing or likely to cause
such acts, battery, assault, coercion, mental or emotional suffering of
harassment or arbitrary deprivation of the victim such as but not
limited to intimidation,
harassment, stalking, damage
 to property, public ridicule or child resulting to the physical and
humiliation, repeated verbal psychological or emotional distress.
abuse and mental infidelity. It
includes causing or allowing the (c) "Battered Woman Syndrome" refers
victim to witness the physical, to a scientifically defined pattern of
sexual or psychological abuse psychological and behavioral symptoms
of a member of the family to found in women living in battering
which the victim belongs, or to relationships as a result of cumulative
witness pornography in any abuse.
form or to witness abusive injury
to pets or to unlawful or (d) "Stalking" refers to an intentional act
unwanted deprivation of the committed by a person who, knowingly
right to custody and/or visitation and without lawful justification follows
of common children. the woman or her child or places the
woman or her child under surveillance
D. "Economic abuse" refers to directly or indirectly or a combination
acts that make or attempt to thereof.
make a woman financially
dependent which includes, but (e) "Dating relationship" refers to a
is not limited to the following: situation wherein the parties live as
husband and wife without the benefit of
1. withdrawal of marriage or are romantically involved
financial support or over time and on a continuing basis
preventing the victim during the course of the relationship. A
from engaging in any casual acquaintance or ordinary
legitimate profession, socialization between two individuals in
occupation, business or a business or social context is not a
activity, except in cases dating relationship.
wherein the other
spouse/partner objects (f) "Sexual relations" refers to a single
on valid, serious and sexual act which may or may not result
moral grounds as in the bearing of a common child.
defined in Article 73 of
the Family Code;
(g) "Safe place or shelter" refers to any
home or institution maintained or
2. deprivation or threat managed by the Department of Social
of deprivation of Welfare and Development (DSWD) or
financial resources and by any other agency or voluntary
the right to the use and organization accredited by the DSWD
enjoyment of the for the purposes of this Act or any other
conjugal, community or suitable place the resident of which is
property owned in willing temporarily to receive the victim.
common;
(h) "Children" refers to those below
3. destroying household eighteen (18) years of age or older but
property; are incapable of taking care of
themselves as defined under Republic
4. controlling the Act No. 7610. As used in this Act, it
victims' own money or includes the biological children of the
properties or solely victim and other children under her care.
controlling the conjugal
money or properties. SECTION 4. Construction.- This Act shall be
liberally construed to promote the protection and
(b) "Battery" refers to an act of inflicting
physical harm upon the woman or her
safety of victims of violence against women and (4) Preventing the woman in
their children. engaging in any legitimate
profession, occupation,
SECTION 5. Acts of Violence Against Women business or activity or
and Their Children.- The crime of violence controlling the victim's own
against women and their children is committed mon4ey or properties, or solely
through any of the following acts: controlling the conjugal or
common money, or properties;
(a) Causing physical harm to the woman
or her child; (f) Inflicting or threatening to inflict
physical harm on oneself for the
purpose of controlling her actions or
(b) Threatening to cause the woman or
decisions;
her child physical harm;

(g) Causing or attempting to cause the

(c) Attempting to cause the woman or
woman or her child to engage in any
her child physical harm;
sexual activity which does not constitute
rape, by force or threat of force, physical
(d) Placing the woman or her child in harm, or through intimidation directed
fear of imminent physical harm; against the woman or her child or
her/his immediate family;
(e) Attempting to compel or compelling
the woman or her child to engage in (h) Engaging in purposeful, knowing, or
conduct which the woman or her child reckless conduct, personally or through
has the right to desist from or desist another, that alarms or causes
from conduct which the woman or her substantial emotional or psychological
child has the right to engage in, or distress to the woman or her child. This
attempting to restrict or restricting the shall include, but not be limited to, the
woman's or her child's freedom of following acts:
movement or conduct by force or threat
of force, physical or other harm or threat
(1) Stalking or following the
of physical or other harm, or intimidation
woman or her child in public or
directed against the woman or child.
private places;
This shall include, but not limited to, the
following acts committed with the
purpose or effect of controlling or (2) Peering in the window or
restricting the woman's or her child's lingering outside the residence
movement or conduct: of the woman or her child;

(1) Threatening to deprive or (3) Entering or remaining in the

actually depriving the woman or dwelling or on the property of
her child of custody to her/his the woman or her child against
family; her/his will;

(2) Depriving or threatening to (4) Destroying the property and

deprive the woman or her personal belongings or inflicting
children of financial support harm to animals or pets of the
legally due her or her family, or woman or her child; and
deliberately providing the
woman's children insufficient (5) Engaging in any form of
financial support; harassment or violence;

(3) Depriving or threatening to (i) Causing mental or emotional anguish,

deprive the woman or her child public ridicule or humiliation to the
of a legal right; woman or her child, including, but not
 limited to, repeated verbal and in the presence of her child, the penalty
emotional abuse, and denial of financial to be applied shall be the maximum
support or custody of minor children of period of penalty prescribed in the
access to the woman's child/children. section.

SECTION 6. Penalties.- The crime of violence In addition to imprisonment, the

against women and their children, under Section perpetrator shall (a) pay a fine in the
5 hereof shall be punished according to the amount of not less than One hundred
following rules: thousand pesos (P100,000.00) but not
more than three hundred thousand
(a) Acts falling under Section 5(a) pesos (300,000.00); (b) undergo
constituting attempted, frustrated or mandatory psychological counseling or
consummated parricide or murder or psychiatric treatment and shall report
homicide shall be punished in compliance to the court.
accordance with the provisions of the
Revised Penal Code. SECTION 7. Venue.- The Regional Trial Court
designated as a Family Court shall have original
If these acts resulted in mutilation, it and exclusive jurisdiction over cases of violence
shall be punishable in accordance with against women and their children under this law.
the Revised Penal Code; those In the absence of such court in the place where
constituting serious physical injuries the offense was committed, the case shall be
shall have the penalty of prison mayor; filed in the Regional Trial Court where the crime
those constituting less serious physical or any of its elements was committed at the
injuries shall be punished by prision option of the compliant.
correccional; and those constituting
slight physical injuries shall be punished SECTION 8. Protection Orders.- A protection
by arresto mayor. order is an order issued under this act for the
purpose of preventing further acts of violence
Acts falling under Section 5(b) shall be against a woman or her child specified in
punished by imprisonment of two Section 5 of this Act and granting other
degrees lower than the prescribed necessary relief. The relief granted under a
penalty for the consummated crime as protection order serve the purpose of
specified in the preceding paragraph but safeguarding the victim from further harm,
shall in no case be lower than arresto minimizing any disruption in the victim's daily
mayor. life, and facilitating the opportunity and ability of
the victim to independently regain control over
her life. The provisions of the protection order
(b) Acts falling under Section 5(c) and
shall be enforced by law enforcement agencies.
5(d) shall be punished by arresto mayor;
The protection orders that may be issued under
this Act are the barangay protection order
(c) Acts falling under Section 5(e) shall (BPO), temporary protection order (TPO) and
be punished by prision correccional; permanent protection order (PPO). The
protection orders that may be issued under this
(d) Acts falling under Section 5(f) shall Act shall include any, some or all of the following
be punished by arresto mayor; reliefs:

(e) Acts falling under Section 5(g) shall (a) Prohibition of the respondent from
be punished by prision mayor; threatening to commit or committing,
personally or through another, any of the
(f) Acts falling under Section 5(h) and acts mentioned in Section 5 of this Act;
Section 5(i) shall be punished by prision
mayor. (b) Prohibition of the respondent from
harassing, annoying, telephoning,
If the acts are committed while the contacting or otherwise communicating
woman or child is pregnant or committed with the petitioner, directly or indirectly;
(c) Removal and exclusion of the (h) Prohibition of the respondent from
respondent from the residence of the any use or possession of any firearm or
petitioner, regardless of ownership of deadly weapon and order him to
the residence, either temporarily for the surrender the same to the court for
purpose of protecting the petitioner, or appropriate disposition by the court,
permanently where no property rights including revocation of license and
are violated, and if respondent must disqualification to apply for any license
remove personal effects from the to use or possess a firearm. If the
residence, the court shall direct a law offender is a law enforcement agent, the
enforcement agent to accompany the court shall order the offender to
respondent has gathered his things and surrender his firearm and shall direct the
escort respondent from the residence; appropriate authority to investigate on
the offender and take appropriate action
(d) Directing the respondent to stay on matter;
away from petitioner and designated
family or household member at a (i) Restitution for actual damages
distance specified by the court, and to caused by the violence inflicted,
stay away from the residence, school, including, but not limited to, property
place of employment, or any specified damage, medical expenses, childcare
place frequented by the petitioner and expenses and loss of income;
any designated family or household
member; (j) Directing the DSWD or any
appropriate agency to provide petitioner
(e) Directing lawful possession and use may need; and
by petitioner of an automobile and other
essential personal effects, regardless of (k) Provision of such other forms of relief
ownership, and directing the appropriate as the court deems necessary to protect
law enforcement officer to accompany and provide for the safety of the
the petitioner to the residence of the petitioner and any designated family or
parties to ensure that the petitioner is household member, provided petitioner
safely restored to the possession of the and any designated family or household
automobile and other essential personal member consents to such relief.
effects, or to supervise the petitioner's or
respondent's removal of personal Any of the reliefs provided under this
belongings; section shall be granted even in the
absence of a decree of legal separation
(f) Granting a temporary or permanent or annulment or declaration of absolute
custody of a child/children to the nullity of marriage.
petitioner;
The issuance of a BPO or the pendency
(g) Directing the respondent to provide of an application for BPO shall not
support to the woman and/or her child if preclude a petitioner from applying for,
entitled to legal support. Notwithstanding or the court from granting a TPO or
other laws to the contrary, the court shall PPO.
order an appropriate percentage of the
income or salary of the respondent to be SECTION 9. Who may file Petition for Protection
withheld regularly by the respondent's Orders. – A petition for protection order may be
employer for the same to be filed by any of the following:
automatically remitted directly to the
woman. Failure to remit and/or withhold
or any delay in the remittance of support (a) the offended party;
to the woman and/or her child without
justifiable cause shall render the (b) parents or guardians of the offended
respondent or his employer liable for party;
indirect contempt of court;
 (c) ascendants, descendants or (b) description of relationships between
collateral relatives within the fourth civil petitioner and respondent;
degree of consanguinity or affinity;
(c) a statement of the circumstances of
(d) officers or social workers of the the abuse;
DSWD or social workers of local
government units (LGUs); (d) description of the reliefs requested
by petitioner as specified in Section 8
(e) police officers, preferably those in herein;
charge of women and children's desks;
(e) request for counsel and reasons for
(f) Punong Barangay or Barangay such;
Kagawad;
(f) request for waiver of application fees
(g) lawyer, counselor, therapist or until hearing; and
healthcare provider of the petitioner;
(g) an attestation that there is no
(h) At least two (2) concerned pending application for a protection
responsible citizens of the city or order in another court.
municipality where the violence against
women and their children occurred and If the applicants is not the victim, the application
who has personal knowledge of the must be accompanied by an affidavit of the
offense committed. applicant attesting to (a) the circumstances of
the abuse suffered by the victim and (b) the
SECTION 10. Where to Apply for a Protection circumstances of consent given by the victim for
Order. – Applications for BPOs shall follow the the filling of the application. When disclosure of
rules on venue under Section 409 of the Local the address of the victim will pose danger to her
Government Code of 1991 and its implementing life, it shall be so stated in the application. In
rules and regulations. An application for a TPO such a case, the applicant shall attest that the
or PPO may be filed in the regional trial court, victim is residing in the municipality or city over
metropolitan trial court, municipal trial court, which court has territorial jurisdiction, and shall
municipal circuit trial court with territorial provide a mailing address for purpose of service
jurisdiction over the place of residence of the processing.
petitioner: Provided, however, That if a family
court exists in the place of residence of the An application for protection order filed with a
petitioner, the application shall be filed with that court shall be considered an application for both
court. a TPO and PPO.

SECTION 11. How to Apply for a Protection Barangay officials and court personnel shall
Order. – The application for a protection order assist applicants in the preparation of the
must be in writing, signed and verified under application. Law enforcement agents shall also
oath by the applicant. It may be filed as an extend assistance in the application for
independent action or as incidental relief in any protection orders in cases brought to their
civil or criminal case the subject matter or issues attention.
thereof partakes of a violence as described in
this Act. A standard protection order application SECTION 12. Enforceability of Protection
form, written in English with translation to the Orders. – All TPOs and PPOs issued under this
major local languages, shall be made available Act shall be enforceable anywhere in the
to facilitate applications for protections order, Philippines and a violation thereof shall be
and shall contain, among other, the following punishable with a fine ranging from Five
information: Thousand Pesos (P5,000.00) to Fifty Thousand
Pesos (P50,000.00) and/or imprisonment of six
(a) names and addresses of petitioner (6) months.
and respondent;
SECTION 13. Legal Representation of date of filing of the application after ex
Petitioners for Protection Order. – If the woman parte  determination that such order should be
or her child requests in the applications for a issued. A court may grant in a TPO any, some or
protection order for the appointment of counsel all of the reliefs mentioned in this Act and shall
because of lack of economic means to hire a be effective for thirty (30) days. The court shall
counsel de parte, the court shall immediately schedule a hearing on the issuance of a PPO
direct the Public Attorney's Office (PAO) to prior to or on the date of the expiration of the
represent the petitioner in the hearing on the TPO. The court shall order the immediate
application. If the PAO determines that the personal service of the TPO on the respondent
applicant can afford to hire the services of a by the court sheriff who may obtain the
counsel de parte, it shall facilitate the legal assistance of law enforcement agents for the
representation of the petitioner by a counsel de service. The TPO shall include notice of the date
parte. The lack of access to family or conjugal of the hearing on the merits of the issuance of a
resources by the applicant, such as when the PPO.
same are controlled by the perpetrator, shall
qualify the petitioner to legal representation by SECTION 16. Permanent Protection Orders. –
the PAO. Permanent Protection Order (PPO) refers to
protection order issued by the court after notice
However, a private counsel offering free legal and hearing.
service is not barred from representing the
petitioner. Respondents non-appearance despite proper
notice, or his lack of a lawyer, or the non-
SECTION 14. Barangay Protection Orders availability of his lawyer shall not be a ground for
(BPOs); Who May Issue and How. - Barangay rescheduling or postponing the hearing on the
Protection Orders (BPOs) refer to the protection merits of the issuance of a PPO. If the
order issued by the Punong Barangay ordering respondents appears without counsel on the
the perpetrator to desist from committing acts date of the hearing on the PPO, the court shall
under Section 5 (a) and (b) of this Act. appoint a lawyer for the respondent and
A Punong Barangay  who receives applications immediately proceed with the hearing. In case
for a BPO shall issue the protection order to the the respondent fails to appear despite proper
applicant on the date of filing after ex notice, the court shall allow ex parte
parte  determination of the basis of the presentation of the evidence by the applicant
application. If the Punong Barangay  is and render judgment on the basis of the
unavailable to act on the application for a BPO, evidence presented. The court shall allow the
the application shall be acted upon by any introduction of any history of abusive conduct of
available Barangay Kagawad. If the BPO is a respondent even if the same was not directed
issued by a Barangay Kagawad  the order must against the applicant or the person for whom the
be accompanied by an attestation by applicant is made.
the Barangay Kagawad that the Punong
Barangay  was unavailable at the time for the The court shall, to the extent possible, conduct
issuance of the BPO. BPOs shall be effective for the hearing on the merits of the issuance of a
fifteen (15) days. Immediately after the issuance PPO in one (1) day. Where the court is unable to
of an ex parte BPO, the Punong Barangay or conduct the hearing within one (1) day and the
Barangay Kagawad shall personally serve a TPO issued is due to expire, the court shall
copy of the same on the respondent, or direct continuously extend or renew the TPO for a
any barangay official to effect is personal period of thirty (30) days at each particular time
service. until final judgment is issued. The extended or
renewed TPO may be modified by the court as
The parties may be accompanied by a non- may be necessary or applicable to address the
lawyer advocate in any proceeding before the needs of the applicant.
Punong Barangay.
The court may grant any, some or all of the
SECTION 15. Temporary Protection Orders. reliefs specified in Section 8 hereof in a PPO. A
– Temporary Protection Orders (TPOs) refers to PPO shall be effective until revoked by a court
the protection order issued by the court on the upon application of the person in whose favor
the order was issued. The court shall ensure SECTION 21. Violation of Protection Orders. – A
immediate personal service of the PPO on complaint for a violation of a BPO issued under
respondent. this Act must be filed directly with any municipal
trial court, metropolitan trial court, or municipal
The court shall not deny the issuance of circuit trial court that has territorial jurisdiction
protection order on the basis of the lapse of time over the barangay that issued the BPO. Violation
between the act of violence and the filing of the of a BPO shall be punishable by imprisonment of
application. thirty (30) days without prejudice to any other
criminal or civil action that the offended party
may file for any of the acts committed.
Regardless of the conviction or acquittal of the
respondent, the Court must determine whether
or not the PPO shall become final. Even in a A judgement of violation of a BPO ma be
dismissal, a PPO shall be granted as long as appealed according to the Rules of Court.
there is no clear showing that the act from which During trial and upon judgment, the trial court
the order might arise did not exist. may motu proprio issue a protection order as it
deems necessary without need of an application.
SECTION 17. Notice of Sanction in Protection
Orders. – The following statement must be Violation of any provision of a TPO or PPO
printed in bold-faced type or in capital letters on issued under this Act shall constitute contempt
the protection order issued by the Punong of court punishable under Rule 71 of the Rules
Barangay or court: of Court, without prejudice to any other criminal
or civil action that the offended party may file for
any of the acts committed.
"VIOLATION OF THIS ORDER IS
PUNISHABLE BY LAW."
SECTION 22. Applicability of Protection Orders
to Criminal Cases. – The foregoing provisions on
SECTION 18. Mandatory Period For Acting on
protection orders shall be applicable in impliedly
Applications For Protection Orders  – Failure to
instituted with the criminal actions involving
act on an application for a protection order within
violence against women and their children.
the reglementary period specified in the previous
section without justifiable cause shall render the
official or judge administratively liable. SECTION 23. Bond to Keep the Peace. – The
Court may order any person against whom a
protection order is issued to give a bond to keep
SECTION 19. Legal Separation Cases. – In
the peace, to present two sufficient sureties who
cases of legal separation, where violence as
shall undertake that such person will not commit
specified in this Act is alleged, Article 58 of the
the violence sought to be prevented.
Family Code shall not apply. The court shall
proceed on the main case and other incidents of
the case as soon as possible. The hearing on Should the respondent fail to give the bond as
any application for a protection order filed by the required, he shall be detained for a period which
petitioner must be conducted within the shall in no case exceed six (6) months, if he
mandatory period specified in this Act. shall have been prosecuted for acts punishable
under Section 5(a) to 5(f) and not exceeding
thirty (30) days, if for acts punishable under
SECTION 20. Priority of Application for a
Section 5(g) to 5(I).
Protection Order. – Ex parte and adversarial
hearings to determine the basis of applications
for a protection order under this Act shall have The protection orders referred to in this section
priority over all other proceedings. Barangay are the TPOs and the PPOs issued only by the
officials and the courts shall schedule and courts.
conduct hearings on applications for a protection
order under this Act above all other business SECTION 24. Prescriptive Period. – Acts falling
and, if necessary, suspend other proceedings in under Sections 5(a) to 5(f) shall prescribe in
order to hear applications for a protection order. twenty (20) years. Acts falling under Sections
5(g) to 5(I) shall prescribe in ten (10) years.
SECTION 25. Public Crime. – Violence against procedure, and privileges for indigent
women and their children shall be considered a litigants.
public offense which may be prosecuted upon
the filing of a complaint by any citizen having SECTION 30. Duties of Barangay Officials and
personal knowledge of the circumstances Law Enforcers. – Barangay officials and law
involving the commission of the crime. enforcers shall have the following duties:

SECTION 26. Battered Woman Syndrome as a (a) respond immediately to a call for

Defense. – Victim-survivors who are found by help or request for assistance or
the courts to be suffering from battered woman protection of the victim by entering the
syndrome do not incur any criminal and civil necessary whether or not a protection
liability notwithstanding the absence of any of order has been issued and ensure the
the elements for justifying circumstances of self- safety of the victim/s;
defense under the Revised Penal Code.
(b) confiscate any deadly weapon in the
In the determination of the state of mind of the possession of the perpetrator or within
woman who was suffering from battered woman plain view;
syndrome at the time of the commission of the
crime, the courts shall be assisted by expert (c) transport or escort the victim/s to a
psychiatrists/ psychologists. safe place of their choice or to a clinic or
hospital;
SECTION 27. Prohibited Defense. – Being
under the influence of alcohol, any illicit drug, or (d) assist the victim in removing
any other mind-altering substance shall not be a personal belongs from the house;
defense under this Act.
(e) assist the barangay officials and
SECTION 28. Custody of children. – The woman other government officers and
victim of violence shall be entitled to the custody employees who respond to a call for
and support of her child/children. Children below help;
seven (7) years old older but with mental or
physical disabilities shall automatically be given
to the mother, with right to support, unless the (f) ensure the enforcement of the
court finds compelling reasons to order Protection Orders issued by the Punong
otherwise. Barangy or the courts;

A victim who is suffering from battered woman (g) arrest the suspected perpetrator
syndrome shall not be disqualified from having wiithout a warrant when any of the acts
custody of her children. In no case shall custody of violence defined by this Act is
of minor children be given to the perpetrator of a occurring, or when he/she has personal
woman who is suffering from Battered woman knowledge that any act of abuse has
syndrome. just been committed, and there is
imminent danger to the life or limb of the
victim as defined in this Act; and
SECTION 29. Duties of Prosecutors/Court
Personnel. – Prosecutors and court personnel
should observe the following duties when (h) immediately report the call for
dealing with victims under this Act: assessment or assistance of the DSWD,
social Welfare Department of LGUs or
accredited non-government
a) communicate with the victim in a organizations (NGOs).
language understood by the woman or
her child; and
Any barangay official or law enforcer who fails to
report the incident shall be liable for a fine not
b) inform the victim of her/his rights exceeding Ten Thousand Pesos (P10,000.00) or
including legal remedies available and whenever applicable criminal, civil or
administrative liability.
SECTION 31. Healthcare Provider Response to Government Code of 1991 shall not apply in
Abuse – Any healthcare provider, including, but proceedings where relief is sought under this
not limited to, an attending physician, nurse, Act.
clinician, barangay health worker, therapist or
counselor who suspects abuse or has been Failure to comply with this Section shall render
informed by the victim of violence shall: the official or judge administratively liable.

(a) properly document any of the victim's SECTION 34. Persons Intervening Exempt from
physical, emotional or psychological Liability. – In every case of violence against
injuries; women and their children as herein defined, any
person, private individual or police authority or
(b) properly record any of victim's barangay official who, acting in accordance with
suspicions, observations and law, responds or intervenes without using
circumstances of the examination or violence or restraint greater than necessary to
visit; ensure the safety of the victim, shall not be liable
for any criminal, civil or administrative liability
(c) automatically provide the victim free resulting therefrom.
of charge a medical certificate
concerning the examination or visit; SECTION 35. Rights of Victims. – In addition to
their rights under existing laws, victims of
(d) safeguard the records and make violence against women and their children shall
them available to the victim upon have the following rights:
request at actual cost; and
(a) to be treated with respect and
(e) provide the victim immediate and dignity;
adequate notice of rights and remedies
provided under this Act, and services (b) to avail of legal assistance form the
available to them. PAO of the Department of Justice (DOJ)
or any public legal assistance office;
SECTION 32. Duties of Other Government
Agencies and LGUs – Other government (c) To be entitled to support services
agencies and LGUs shall establish programs form the DSWD and LGUs'
such as, but not limited to, education and
information campaign and seminars or symposia (d) To be entitled to all legal remedies
on the nature, causes, incidence and and support as provided for under the
consequences of such violence particularly Family Code; and
towards educating the public on its social
impacts. (e) To be informed of their rights and the
services available to them including their
It shall be the duty of the concerned government right to apply for a protection order.
agencies and LGU's to ensure the sustained
education and training of their officers and SECTION 36. Damages. –  Any victim of
personnel on the prevention of violence against violence under this Act shall be entitled to actual,
women and their children under the Act. compensatory, moral and exemplary damages.

SECTION 33. Prohibited Acts. – A Punong SECTION 37. Hold Departure Order. – The

Barangay, Barangay Kagawad  or the court court shall expedite the process of issuance of a
hearing an application for a protection order hold departure order in cases prosecuted under
shall not order, direct, force or in any way unduly this Act.
influence he applicant for a protection order to
compromise or abandon any of the reliefs
sought in the application for protection under this SECTION 38. Exemption from Payment of
Act. Section 7 of the Family Courts Act of 1997 Docket Fee and Other Expenses. – If the victim
and Sections 410, 411, 412 and 413 of the Local is an indigent or there is an immediate necessity
due to imminent danger or threat of danger to The Council members may designate their duly
act on an application for a protection order, the authorized representative who shall have a rank
court shall accept the application without not lower than an assistant secretary or its
payment of the filing fee and other fees and of equivalent. These representatives shall attend
transcript of stenographic notes. Council meetings in their behalf, and shall
receive emoluments as may be determined by
SECTION 39. Inter-Agency Council on Violence the Council in accordance with existing budget
Against Women and Their Children (IAC- and accounting rules and regulations.
VAWC).  In pursuance of the abovementioned
policy, there is hereby established an Inter- SECTION 40. Mandatory Programs and
Agency Council on Violence Against Women Services for Victims. –  The DSWD, and LGU's
and their children, hereinafter known as the shall provide the victims temporary shelters,
Council, which shall be composed of the provide counseling, psycho-social services
following agencies: and /or, recovery, rehabilitation programs and
livelihood assistance.
(a) Department of Social Welfare and
Development (DSWD); The DOH shall provide medical assistance to
victims.
(b) National Commission on the Role of
Filipino Women (NCRFW); SECTION 41. Counseling and Treatment of
Offenders. –  The DSWD shall provide
(c) Civil Service Commission (CSC); rehabilitative counseling and treatment to
perpetrators towards learning constructive ways
of coping with anger and emotional outbursts
(d) Commission on Human rights (CHR)
and reforming their ways. When necessary, the
offender shall be ordered by the Court to submit
(e) Council for the Welfare of Children to psychiatric treatment or confinement.
(CWC);
SECTION 42. Training of Persons Involved in
(f) Department of Justice (DOJ); Responding to Violence Against Women and
their Children Cases. –  All agencies involved in
(g) Department of the Interior and Local responding to violence against women and their
Government (DILG); children cases shall be required to undergo
education and training to acquaint them with:
(h) Philippine National Police (PNP);
a. the nature, extend and causes of
(i) Department of Health (DOH); violence against women and their
children;
(j) Department of Education (DepEd);
b. the legal rights of, and remedies
(k) Department of Labor and available to, victims of violence against
Employment (DOLE); and women and their children;

(l) National Bureau of Investigation c. the services and facilities available to

(NBI). victims or survivors;

These agencies are tasked to formulate d. the legal duties imposed on police
programs and projects to eliminate VAW based officers to make arrest and to offer
on their mandates as well as develop capability protection and assistance; and
programs for their employees to become more
sensitive to the needs of their clients. The e. techniques for handling incidents of
Council will also serve as the monitoring body as violence against women and their
regards to VAW initiatives. children that minimize the likelihood of
 injury to the officer and promote the SECTION 46. Implementing Rules and
safety of the victim or survivor. Regulations.  – Within six (6) months from the
approval of this Act, the DOJ, the NCRFW, the
The PNP, in coordination with LGU's shall DSWD, the DILG, the DOH, and the PNP, and
establish an education and training program for three (3) representatives from NGOs to be
police officers and barangay officials to enable identified by the NCRFW, shall promulgate the
them to properly handle cases of violence Implementing Rules and Regulations (IRR) of
against women and their children. this Act.

SECTION 43. Entitled to Leave. – Victims under SECTION 47. Suppletory Application –  For

this Act shall be entitled to take a paid leave of purposes of this Act, the Revised Penal Code
absence up to ten (10) days in addition to other and other applicable laws, shall have suppletory
paid leaves under the Labor Code and Civil application.
Service Rules and Regulations, extendible when
the necessity arises as specified in the SECTION 48. Separability Clause. – If any
protection order. section or provision of this Act is held
unconstitutional or invalid, the other sections or
Any employer who shall prejudice the right of the provisions shall not be affected.
person under this section shall be penalized in
accordance with the provisions of the Labor SECTION 49. Repealing Clause – All laws,
Code and Civil Service Rules and Regulations. Presidential decrees, executive orders and rules
Likewise, an employer who shall prejudice any and regulations, or parts thereof, inconsistent
person for assisting a co-employee who is a with the provisions of this Act are hereby
victim under this Act shall likewise be liable for repealed or modified accordingly.
discrimination.
SECTION 50. Effectivity –  This Act shall take
SECTION 44. Confidentiality. –  All records effect fifteen (15) days from the date of its
pertaining to cases of violence against women complete publication in at least two (2)
and their children including those in the newspapers of general circulation.
barangay shall be confidential and all public
officers and employees and public or private
clinics to hospitals shall respect the right to
privacy of the victim. Whoever publishes or
causes to be published, in any format, the name,
address, telephone number, school, business
address, employer, or other identifying
information of a victim or an immediate family
member, without the latter's consent, shall be
liable to the contempt power of the court.

Any person who violates this provision shall

suffer the penalty of one (1) year imprisonment
and a fine of not more than Five Hundred
Thousand pesos (P500,000.00).

SECTION 45. Funding – The amount necessary

to implement the provisions of this Act shall be
included in the annual General Appropriations
Act (GAA).

The Gender and Development (GAD) Budget of

the mandated agencies and LGU's shall be used
to implement services for victim of violence
against women and their children.