Understanding RA 9262

The Anti-Violence Act Against Women and their Children

Republic Act 9262, or the Anti-Violence Against Women and their Children, defines abuse against women as the following: 1. Physical violence refers to bodily harm.

2. Sexual violence refers to all sexual acts women do not consent to, including rape and prostitution. These include forcing women to watch pornography, use sexual appliances and engage in various sexual positions. It is not the nature of these acts but the lack of consent that qualifies them as abuse.

3. Psychological violence includes intimidation, harassment, stalking, verbal abuse, humiliation and blatant displays of infidelity with the aim of causing emotional torture and mental imbalance. These include threatening phone calls, the brandishing of weapons and other acts that purposefully terrorize a woman.

4. Economic abuse refers to the deprivation of financial resources, the destruction of household property and the control of a woman’s finances.

Lawyer Howard Calleja, one of the prosecuting lawyers for the celebrated Melissa Martel case, explains, “You should not have to wait for extreme circumstances to act.” The gravity or the recurring nature of the abuse should qualify women legal protection. In the Martel case, she only filed legal charges after a bullet in her stomach threatened her life.

The law applies not only to married women, but also to co-habiting partners, lovers, beaus and suitors. It affords immediate protection to women and their children.

The law has both a civil and criminal aspect. Though a civil case can only thrive for as long as the victim pursues the case, a criminal case pits the people of the Republic of the Philippines versus the accused.
This is important, given that many victims are threatened, manipulated and harmed for them to waive charges.

Calleja explains that, though the law specifically affords protection to women and their children, “It is not against men. It is against men who treat their women as property.” The law recognizes the reality that women are marginalized and are almost always the victims.

1. The RA 9262 addresses the mortal danger an abusive spouse presents and the immediate need to protect a woman and her children. Under the law, a woman can apply for a Temporary Protection Order (TPO) to the court or to her local barangay. TPOs filed with the barangay are good for 15 days and are nonextendible. TPOs filed with the court are good for 30 days and are extendible. Filling a TPO with the barangay does not preclude filing one with the court as well. During the TPO, the woman’s need for a Permanent Protection Order (PPO) is assessed. As noted by Calleja, “Before, police and barangay officials could not intervene for abused spouses because it was considered a ‘domestic affair.’” The TPO takes effect immediately to deny any opportunity for further abuse.

2. The RA 9262 addresses a woman and her children’s need for abode and sustenance. Under the TPO, she can reside in her own house and have her spouse kept away, regardless of property ownership.

Calleja explains, “The law upholds the hierarchy of rights. The right to life and liberty is more important than property rights.” He further illuminates, “Women are running for their lives. In their haste, they often leave their money, their belongings and their children behind. They have to go back.”

3. The RA 9262 addresses the tactics abusive spouses to dissuade women from pursuing their legal rights.

Under the PPO, the accused is to post a bond to keep the peace. Should the accused threaten, harass or harm the woman or her children, the money deposited to the court is forfeit. “This serves as an added deterrent,” Calleja explains. The penalties of the revised penal code are also increased by one degree higher when applied to violence against women. Hold Departure Orders prevent escape from criminal and civil prosecution.

Calleja notes, “The law seeks to empower women. A woman’s dependence is a man’s power.” This echoes the observation of Dr. Jovita Mataro Montes, of how abusive men tend to isolate women socially and economically as a means of control.

For many battered women, taking any sort of legal action is a forbidding step. Calleja attests, “the first question is always ‘Attorney, what’s going to happen to me?” The law now gives women a clear sight of their course of action. –ROME JORGE LIFESTYLE EDITOR, Manila Times