ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004

Case Overview and Summary

Summary of the Anti-Violence Against Women and Their Children Act of 2004

Definitions (Section 3):
- Violence against women and their children refers to any act or series of acts committed against a woman or her child resulting in physical, sexual, psychological harm, or economic abuse.
- Covers acts committed by a husband, former husband, partner, or person with whom the woman has a child.
- Defines physical violence, sexual violence, psychological violence, and economic abuse.

Prohibited Acts and Penalties (Sections 5-6):
- Lists acts constituting violence against women and their children, including physical harm, threats, coercion, harassment, and inflicting mental or emotional anguish.
- Penalties range from arresto mayor to prision mayor, depending on the severity of the act.
- Additional penalties include fines of P100,000 to P300,000 and mandatory counseling.

Protection Orders (Sections 8-23):
- Allows issuance of Barangay Protection Orders (BPOs), Temporary Protection Orders (TPOs), and Permanent Protection Orders (PPOs).
- BPOs are issued by the Punong Barangay and effective for 15 days (Section 14).
- TPOs are issued by the court on the date of filing and effective for 30 days (Section 15).
- PPOs are issued by the court after notice and hearing (Section 16).
- Protection orders may include various reliefs, such as prohibiting the respondent from committing acts of violence, granting temporary custody of children, and directing the respondent to provide support (Section 8).
- Violation of protection orders is punishable by fines and imprisonment (Sections 21-23).

Legal Representation and Procedures (Sections 9-13, 17-20, 29-33):
- Specifies who may file a petition for protection orders (Section 9).
- Requires courts to prioritize and expedite hearings on protection order applications (Sections 18-20).
- Provides for legal representation by the Public Attorney's Office for indigent petitioners (Section 13).
- Requires protection orders to include a notice of sanction for violation (Section 17).
- Outlines duties of prosecutors, court personnel, barangay officials, and law enforcers in handling cases (Sections 29-30).
- Prohibits officials from influencing petitioners to abandon reliefs sought (Section 33).

Rights and Assistance for Victims (Sections 25-28, 34-38):
- Recognizes violence against women and their children as a public offense that can be prosecuted by any citizen (Section 25).
- Allows battered woman syndrome as a defense, with assistance from expert psychiatrists/psychologists (Section 26).
- Grants victims the right to custody and support of their children, with exceptions (Section 28).
- Entitles victims to actual, compensatory, moral, and exemplary damages (Section 36).
- Exempts indigent victims from paying docket fees and other expenses (Section 38).
- Provides for hold departure orders and protection from liability for persons intervening (Sections 37, 34).

Duties and Programs (Sections 30-32, 39-43):
- Establishes the Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC) to formulate programs and monitor initiatives (Section 39).
- Mandates agencies to provide temporary shelters, counseling, psycho-social services, recovery programs, livelihood assistance, and medical assistance to victims (Section 40).
- Requires rehabilitative counseling and treatment for offenders (Section 41).
- Mandates training for persons involved in responding to cases (Section 42).
- Entitles victims to paid leave of up to 10 days, extendible as necessary (Section 43).

Confidentiality and Funding (Sections 44-45):
- Requires confidentiality of records and prohibits publishing identifying information of victims without consent, with penalties for violation (Section 44).
- Provides for funding through the annual General Appropriations Act and the Gender and Development Budget of mandated agencies and LGUs (Section 45).

Other Provisions (Sections 46-50):
- Requires the promulgation of Implementing Rules and Regulations within 6 months (Section 46).
- Provides for suppletory application of the Revised Penal Code and other applicable laws (Section 47).
- Includes separability and repealing clauses (Sections 48-49).
- Sets the effectivity date 15 days after publication in at least two newspapers of general circulation (Section 50).