Bryan A. Adato Legal Writing February 9, 2018 Outlining

Bryan A.
Adato Legal Writing February 9, 2018 Outlining
Republic Act No. 9262 March 08, 2004
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR
PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR
OTHER PURPOSES
SECTION 1. Short Title SECTION 18. Mandatory Period for Acting on

Applications for Protection Orders
SECTION 2. Declaration of Policy
SECTION 19. Legal Separation Cases
SECTION 3. Definition of Terms
SECTION 20. Priority of Application for a
SECTION 4. Construction Protection Order
SECTION 5. Acts of Violence Against Women SECTION 21. Violation of Protection Orders
and Their Children
SECTION 22. Applicability of Protection Orders
SECTION 6. Penalties to Criminal Cases
SECTION 7. Venue SECTION 23. Bond to Keep the Peace
SECTION 8. Protection Orders SECTION 24. Prescriptive Period
SECTION 9. Who may file Petition for SECTION 25. Public Crime
Protection Orders
SECTION 26. Battered Woman Syndrome as a
SECTION 10. Where to Apply for a Protection Defense.
Order
SECTION 27. Prohibited Defense
SECTION 11. How to Apply for a Protection
Order SECTION 28. Custody of children
SECTION 12. Enforceability of Protection SECTION 29. Duties of Prosecutors/Court

Orders. Personnel
SECTION 13. Legal Representation of SECTION 30. Duties of Barangay Officials and
Petitioners for Protection Order Law Enforcers
SECTION 14. Barangay Protection Orders SECTION 31. Healthcare Provider Response to
(BPOs); Who May Issue and How Abuse
SECTION 15. Temporary Protection Orders SECTION 32. Duties of Other Government
Agencies and LGUs
SECTION 16. Permanent Protection Orders
SECTION 33. Prohibited Acts.
SECTION 17. Notice of Sanction in Protection
Orders SECTION 34. Persons Intervening Exempt from
Liability.
1
SECTION 35. Rights of Victims. SECTION 42. Training of Persons Involved in
Responding to Violence against Women and
SECTION 36. Damages their Children Cases
SECTION 37. Hold Departure Order. SECTION 43. Entitled to Leave.
SECTION 38. Exemption from Payment of SECTION 44. Confidentiality

Docket Fee and Other Expenses.
SECTION 45. Funding –
SECTION 39. Inter-Agency Council on Violence
Against Women and Their Children (IAC-VAWC SECTION 46. Implementing Rules and
Regulations.
SECTION 40. Mandatory Programs and Services
for Victims SECTION 47. Suppletory Application
SECTION 41. Counseling and Treatment of

Offenders.
SECTION 48. Separability Clause
SECTION 49. Repealing Clause
SECTION 50. Effectivity
Anti-Violence Against Women and Their Children Act of 2004
 It is hereby declared that the State values the dignity of women and children and
guarantees full respect for human rights. The State also recognizes the need to
protect the family and its members particularly women and children, from violence
and threats to their personal safety and security.
 Towards this end, the State shall exert efforts to address violence committed against
women and children in keeping with the fundamental freedoms guaranteed under the
Constitution and the Provisions of the Universal Declaration of Human Rights, the
convention on the Elimination of all forms of discrimination Against Women,
Convention on the Rights of the Child and other international human rights
instruments of which the Philippines is a party.
Acts of Violence Against Women and Their Children:
1. Causing physical harm to the woman or her child;

2. Threatening to cause the woman or her child physical harm;
3. Attempting to cause the woman or her child physical harm;
4. Placing the woman or her child in fear of imminent physical harm;
5. Attempting to compel or compelling the woman or her child to engage in conduct
which the woman or her child has the right to desist from or desist from conduct
which the woman or her child has the right to engage in, or attempting to restrict
or restricting the woman's or her child's freedom of movement or conduct by force
or threat of force, physical or other harm or threat of physical or other harm, or
2
intimidation directed against the woman or child. This shall include, but not
limited to, the following acts committed with the purpose or effect of controlling
or restricting the woman's or her child's movement or conduct:
a. Threatening to deprive or actually depriving the woman or her child of custody

to her/his family;
b. Depriving or threatening to deprive the woman or her children of financial
support legally due her or her family, or deliberately providing the woman's
children insufficient financial support;
c. Depriving or threatening to deprive the woman or her child of a legal right;
d. Preventing the woman in engaging in any legitimate profession, occupation,
business or activity or controlling the victim's own mon4ey or properties, or
solely controlling the conjugal or common money, or properties;
6. Inflicting or threatening to inflict physical harm on oneself for the purpose of

controlling her actions or decisions;
7. Causing or attempting to cause the woman or her child to engage in any sexual
activity which does not constitute rape, by force or threat of force, physical harm,
or through intimidation directed against the woman or her child or her/his
immediate family;
8. Engaging in purposeful, knowing, or reckless conduct, personally or through
another, that alarms or causes substantial emotional or psychological distress to
the woman or her child. This shall include, but not be limited to, the following
acts:
(1) Stalking or following the woman or her child in public or private places;
(2) Peering in the window or lingering outside the residence of the woman or
her child;
(3) Entering or remaining in the dwelling or on the property of the woman or

her child against her/his will;
(4) Destroying the property and personal belongings or inflicting harm to

animals or pets of the woman or her child; and
(5) Engaging in any form of harassment or violence;
9. Causing mental or emotional anguish, public ridicule or humiliation to the woman

or her child, including, but not limited to, repeated verbal and emotional abuse,
and denial of financial support or custody of minor children of access to the
woman's child/children.

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Bryan A.

Adato Legal Writing February 9, 2018 Outlining

Republic Act No. 9262 March 08, 2004

SECTION 1. Short Title SECTION 18. Mandatory Period for Acting on

SECTION 7. Venue SECTION 23. Bond to Keep the Peace

SECTION 8. Protection Orders SECTION 24. Prescriptive Period

SECTION 12. Enforceability of Protection SECTION 29. Duties of Prosecutors/Court

SECTION 37. Hold Departure Order. SECTION 43. Entitled to Leave.

SECTION 38. Exemption from Payment of SECTION 44. Confidentiality

SECTION 41. Counseling and Treatment of

SECTION 48. Separability Clause

SECTION 49. Repealing Clause

SECTION 50. Effectivity

Anti-Violence Against Women and Their Children Act of 2004

Acts of Violence Against Women and Their Children:

1. Causing physical harm to the woman or her child;

a. Threatening to deprive or actually depriving the woman or her child of custody

6. Inflicting or threatening to inflict physical harm on oneself for the purpose of

(3) Entering or remaining in the dwelling or on the property of the woman or

(4) Destroying the property and personal belongings or inflicting harm to

(5) Engaging in any form of harassment or violence;

9. Causing mental or emotional anguish, public ridicule or humiliation to the woman

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