Republic Act No. 9262, the Anti-Violence Against Women and Their Children Act of 2004, criminalises physical, sexual, psychological, and economic abuse within intimate and family relationships — and provides for Barangay and court Protection Orders.
Republic Act No. 9262 (VAWC Act) defines and penalises violence against women and their children committed by a spouse, former spouse, or any person with whom the woman has or had a dating or sexual relationship, or with whom she shares a child. The Act covers four categories of abuse: physical violence (bodily harm), sexual violence (rape, sexual assault, forcing the woman or child to watch pornography), psychological violence (causing emotional or mental suffering, stalking, harassment, damage to property), and economic abuse (withholding financial support to control the victim, destroying property, preventing the victim from working). The Act provides for three types of Protection Orders: Barangay Protection Orders (BPO) — issued by the barangay punong barangay or kagawad within 24 hours and effective for 15 days; Temporary Protection Orders (TPO) — issued ex parte by a Regional Trial Court within 24 hours of application; and Permanent Protection Orders (PPO) — issued after notice and hearing. Violation of a Protection Order is itself a criminal offence punishable by imprisonment. Victims may file complaints with the barangay, the police (Women and Children Protection Desks), or the prosecutor's office. Legal assistance is available through the Public Attorney's Office (PAO). VAWC cases are handled by designated Family Courts.
A wife in Quezon City is regularly beaten by her husband, who also withholds her salary and prevents her from leaving home. She goes to the barangay hall and applies for a Barangay Protection Order. The punong barangay issues the BPO within 24 hours. She also files a criminal complaint at the police Women and Children Protection Desk, which is referred to the Family Court.
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