The Anti-Violence Against Women and their Children (Anti-VAWC) Act of 2004 (R.A. No. 9262) addresses violence against women and their children.
Rationale Behind VAWC
The Supreme Court, in Garcia v. Drilon, G.R. No. 179267 (2013), emphasized that the law is a response to the societal norms and traditions that perpetuate gender inequality. It seeks to empower women and children by providing legal remedies, such as protection orders, and by criminalizing acts of violence committed by intimate partners or family members. The Court upheld the constitutionality of the law, stating that it is a valid classification based on real differences, such as the higher likelihood of women being victims of violence.
Who can be victims of VAWC?
The victims under R.A. No. 9262 include:
- A woman who is the offender’s wife, former wife, or a woman with whom the offender has or had a sexual or dating relationship.
- A woman with whom the offender has a common child.
- The woman’s child, whether legitimate or illegitimate, within or without the family abode.
Who can commit VAWC?
VAWC can be committed “against a woman with whom the person has or had a sexual or dating relationship”. The law criminalizes acts of violence against women and their children perpetrated by women’s intimate partners, such as a husband, former husband, or any person who has or had a sexual or dating relationship with the woman, or with whom the woman has a common child.
Not only husbands or fathers: However, the Court in Garcia emphasized that the law does not single out the husband or father as the culprit.
Any person: The law uses the gender-neutral word “person” as the offender, which embraces any person of either sex.
A mother: In the case of Knutson v. Sibal-Knutson, it was affirmed that a mother who maltreated her child resulting in physical, sexual, or psychological violence defined and penalized under R.A. No. 9262 is not absolved from criminal liability.
The policy of R.A. No. 9262 is to guarantee full respect for human rights and address violence against children. The law is liberally construed to promote the protection and safety of victims of violence against women and their children.
Acts of Violence and Abuse under VAWC:
Violence against women and children refers to any act or series of acts committed by any person against a woman who is the offender’s wife, former wife, or with whom the offender has or had a sexual or dating relationship, or with whom the offender has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which results in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment, or arbitrary deprivation of liberty.
Physical Abuse
Section 5 of R.A. No. 9262 further elaborates on the acts of violence against women and their children. It specifically mentions:
- Causing physical harm to the woman or her child
- Threatening to cause the woman or her child physical harm
- Attempting to cause the woman or her child physical harm
- Placing the woman or her child in fear of imminent physical harm
Physical violence against a woman or her child is committed by a person who shall cause physical harm to the woman, with whom he has a marital, sexual, or dating relationship, or her child. This also includes threatening to cause the woman or her child physical harm, attempting to cause such harm, or placing them in fear of imminent physical harm.
Battered Woman Syndrome
The term “battery” under R.A. No. 9262 refers to an act of inflicting physical harm upon the woman or her child resulting in physical and psychological or emotional distress.
To consider a relationship as battering, a woman must be a victim of battery, which involves both the act of inflicting physical harm and the resulting physical and psychological or emotional distress. Since the abuse must be cumulative, there should be at least two episodes involving the infliction of physical harm.
For the defense of Battered Woman Syndrome (BWS), the cycle of violence, including the tension-building phase with minor batterings or slight physical abuse, the acute battering phase characterized by brutality, and a tranquil period, must be proven to have characterized at least two battering episodes.
The final acute episode preceding the killing of the batterer must have produced in the battered person’s mind an actual fear of imminent harm and an honest belief that she needed to use force to save her life
Economic Abuse
Economic abuse is any form of abuse that deprives the victim of their economic or financial resources. Examples include controlling the victim’s finances, withholding financial support, and depriving the victim of their property.
In VAWC cases, the act of denial of financial support is considered mala in se, meaning the state of mind or intent to inflict emotional anguish must be proven. Crimes penalized under Sections 5(i) and 5(e) of R.A. 9262 are mala in se, not mala prohibita, even though R.A. 9262 is a special penal law.
Venue for VAWC Cases:
A criminal action arising from a violation of R.A. No. 9262 shall be filed in any of the following places, at the option of the victim: a. Where the offense was committed. b. Where any of its elements occurred. c. Where the child is found or actually resides at the time of the commission of the offense.
The court where the criminal action is first filed shall acquire jurisdiction to the exclusion of the other courts.
Rights of Victims:
Victims of violence under R.A. No. 9262 have the right to:
- (a) Be treated with respect and dignity.
- (b) Avail of legal assistance from the PAO (Public Attorney’s Office) of the Department of Justice (DOJ) or any public legal assistance office.
- (c) Be entitled to support services from the DSWD (Department of Social Welfare and Development) and LGUs (Local Government Units).
- (d) Be entitled to all legal remedies and support as provided for under the Family Code.
- (e) Be informed of their rights and the services available to them, including their right to apply for a protection order.
Damages and Remedies:
Any victim of violence under R.A. No. 9262 shall be entitled to actual, compensatory, moral, and exemplary damages. The court shall expedite the process of issuing a hold departure order in cases prosecuted under this Act. If the victim is indigent or there is an immediate necessity due to imminent danger or threat of danger to act on an application for a protection order, the court shall accept the application without payment of the filing fee and other fees and of transcript of stenographic notes.
Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC):
An Inter-Agency Council on Violence Against Women and their children (IAC-VAWC) is established to pursue the policy of the Act. It is composed of various government agencies.
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