Ra 9262 Barangay Procedure

Topics: Abuse, Human sexual behavior, Sexual intercourse Pages: 9 (2042 words) Published: August 22, 2013

Republic Act. No. 9262


Q: What is the Anti-Violence Against Women and their Children Act of 2004 (Anti-VAWC Act)?

A. It is the law penalizing acts of violence against women and their children as a public crime. These acts include physical violence, sexual violence, psychological violence and economic abuse

These acts are punishable even if committed outside the house.

Q: What is violence against women and their children or “VAWC” under the law?

A: this refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationships, or with whom he has a common child, or against her child whether legitimate or illegitimate, inside or outside the family residence, which result or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse.

It includes threats of the above acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.

Q: Who are protected by the law?

A: Women and their children.

“Children” means the children of the abused woman, below 18 years old, legitimate or illegitimate, or 18 years old and above who are incapable of taking care of themselves, including children who are not her biological children but who are under her care.

If the acts are committed in the presence of the woman’s child, or if the woman or child is pregnant, the penalty shall be the maximum period prescribed by law.

Example: the woman’s niece who lives with her is a child under her care.

Q: Who are liable?

A: husbands, former husbands, present and former boyfriends or live-in partners, those with whom the woman has a common child, or anyone with whom she has/had sexual or dating relationship.

Women can also be liable under “sexual or dating relationship.” These are the lesbian partners or former partners of the victim.

Example: A woman who has a child by her rapist who harasses or abuses her is protected by this law because they have a common child.

Q: What is “sexual relationship?”

A: It refers to at least a single sexual act.

Example: A prostituted woman can avail of the remedies under the law if she is being harassed or abused or publicly humiliated by a man with whom she had a single sexual contact.

Q: What are examples of punishable acts?

A: Economic abuse: a) not giving adequate financial support to the wife and/or minor children, b) controlling the conjugal business or conjugal or community property or the woman’s own money

Psychological violence: a) marital infidelity, b) repeated verbal abuse, c) public humiliation, c) threatening the woman that she will lose her child, d) stalking or following the woman in her workplace, school or any public or private place without justification

Physical abuse: battery (physical injuries); frustrated parricide

Sexual violence : a) causing or attempting to make the woman or her child to perform sexual acts (that do not constitute Rape) by use of force, threats, intimidation directed against the woman, her child, or her immediate family, b) prostituting the woman or her child.

Q: What does “public crime” mean?

A: Any citizen who has personal knowledge of the crime can file a criminal complaint.

Q: What are the remedies of the victim?

She and/or her children can request for:
a) Barangay Protection Order, and/or b) Temporary Protection Order (TPO) and Permanent Protection Order with the court, and c) file a criminal action for violation of R.A. 9262.

Q: What is a Barangay Protection Order or BPO?

A: A BPO is issued by the Punong Barangay(PB) or the PB is unavailable, by kawagad ordering the offender to desist from committing or threatening physical harm to the victim. It is effective for 15 days and is not extendible.

Q: How does the...
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