VAWC: Acts of Violence against Women and their Children

violence against women and their children vawc 1Under Section 5 of Republic Act No. 9262, otherwise known as the “Anti-Violence against Women and their Children Act of 2004”, the crime of violence against women and their children is committed through any of the following acts:

  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 to 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 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:

    •  Threatening to deprive or actually depriving the woman or her child of custody to her/his family;

    • 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;

    • Depriving or threatening to deprive the woman or her child of a legal right;

    • Preventing the woman from engaging in any legitimate profession, occupation, business, or activity or controlling the victim’s own money 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:

    • Stalking or following the woman or her child in public or private places;

    • Peering in the window or lingering outside the residence of the woman or her child;

    • Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;

    • Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child; and

    • 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.

If any of the above acts constitutes repeated physical violence or grossly abusive conduct as contemplated under Article 55 of the Family Code of the Philippines, then such act shall also be a ground for legal separation.

The perpetrator of the crime of violence against women and their children shall, in addition to imprisonment, be liable to (a) pay a fine in the amount of not less than one hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (300,000.00); (b) undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to the court. Also, any victim of said violence shall be entitled to actual, compensatory, moral, and exemplary damages.

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