In 2024, a total of 1,069 victim-survivors of violence and other forms of abuse against women were reported and served by the Department of Social Welfare and Development (DSWD) nationwide through its community-based programs and services.
In protection against domestic abuse, the Philippine government has enacted the law for the Anti-Violence Against Women and Their Child Act (VAWC) or Republic Act 9262 which protects women and children from all forms of violence and abuse, becoming the first step toward a life free from harm.
What is Battered Woman Syndrome (BWS)?
Battered Woman Syndrome (BWS) is a psychological and behavioral symptom found in women who have been victims of long-term abuse. This can be used as a legal defense when a woman retaliates against her abuser or commits violence as a form of self-defense.
Any victim who suffers from BWS must be diagnosed by a psychiatric expert or a clinical psychologist for it to be legally recognized in a case.
What is VAWC?
The Anti-Violence Against Women and their Children (VAWC) is any act or series of acts committed by any person against a woman and her child, whether legitimate or illegitimate. This violence can result in physical, sexual, psychological harm or suffering, or economic abuse, including threats, battery, assault, coercion, harassment, or arbitrary deprivation of liberty.
Four Types of Violence under VAWC in the Philippines
The Anti-Violence against Women and their Children (VAWC) has four (4) types of violence that include, but are not limited to the following:
Physical Violence
Physical violence includes any act that causes or could cause physical harm.
Sexual Violence
Sexual violence refers to any act that is sexual in nature committed against a woman or her child. This act includes the following:
- rape, sexual harassment, acts of lasciviousness, treating a woman or child as a sex object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim’s body, forcing them to watch obscene publications and e shows or participate in indecent acts and/or make films thereof, forcing the woman to live in the conjugal home or sleep together in the same room with the abuser.
- Acts causing or attempting to cause the victim to engage in any sexual activity by force, threat or force, physical or other harm or threat of physical or other harm or coercion;
- Prostituting the woman or child
Psychological Violence
Psychological violence is an act or omission that causes or is likely to cause mental or emotional suffering. This includes stalking, intimidation, harassment, damage to property, public humiliation, repeated verbal abuse and mental infidelity, causing the victim to witness abuse against a family member or pets, and unwanted deprivation of custody rights or visitation rights to their child/children.
Economic Abuse
Economic Abuse involves acts that make or attempt to make a woman financially dependent on her abuser. This includes withdrawal of financial support, preventing the victim from working, threat of deprivation of financial resources, deprivation of the right to use and enjoyment of the conjugal, community, or common-owned property, destroying household property, and controlling the victim’s money or properties.
Who Can Be Held Accountable Under the VAWC in the Philippines?
It is a common misconception that only men can be issued under the VAWC. Any individual who has or had a sexual or dating relationship with the woman is liable under the law, including:
- Husband or ex-husband
- Live-in partner or former live-in partner
- Boyfriend/girlfriend or ex-boyfriend/ex-girlfriend
- Dating partner or former dating partner
- Any person who has or had a sexual relationship with the victim
Who Can File a Complaint under VAWC in the Philippines?
VAWC is considered a public crime in the Philippines. The victim or any of the following individuals may file a report on behalf of the victim to authorities:
- Parents or guardians of the victim;
- Ascendants, descendants, or collateral relatives within the 4th civil degree;
- Social workers, police officers, or barangay officials; or
- At least two (2) concerned responsible citizens from the community with personal knowledge of the abuse
Can a Male Spouse/Partner File a Report against their Wife/Partner Under VAWC?
No, a male spouse/ partner cannot file a report under VAWC since the Act is primarily meant for the protection of women and children. Where to File a Case for VAWC in the Philippines?
Cases for violence against women and their children may be filed in Family Courts that have jurisdiction over cases involving VAWC, or to the Regional Trial Court (RTC) in case where there is no designated Family Court of the place where the crime was committed. These courts have exclusive jurisdiction over these cases.
Penalties for VAWC in the Philippines
If found guilty, the offender shall be punished with imprisonment depending on the severity and nature of the offense, and a fine ranging from Php 100,000.00 to Php 300,000.00. Additionally, the offender will be required to undergo psychological counselling or psychiatric treatment.
Rights of Victims of Violence Against Women and Their Children (VAWC)
Victims of violence against women and their children shall have the following rights:
- To be treated with respect and dignity
- To avail legal assistance from the Public Attorney’s Office (PAO) of the Department of Justice (DOJ) or any public legal assistance office
- To be entitled to support services from the Department of Social Welfare and Development (DWSD) and local government units
- To be entitled to all legal remedies and support as provided under the Family Code
- To be informed of their rights and the services available to them including their right to apply for a protection order
Who Gets the Custody of the Child Under VAWC?
The law does not allow the offender to have custody of a minor child. As provided under Section 28 of R.A 9262, the custody of the child is entrusted to the mother, regardless of whether she has Battered Woman Syndrome, unless the court has some other compelling reasons not to award the custody to you.
Please note that a minor child is aged below eighteen (18). However, if a child is over 18 but unable to care for themselves, they will remain under their mother’s care.
Government Hotlines for VAWC Protection
- Department of Social Welfare and Development (DWSD): (02) 733-0014 to 18 local 116 / 488-2861
- Philippine National Police (PNP) – Women and Children Protection Center (WCPC): 410-3213 / 532-6690
- Aling Pulis Text Hotline: 0919-777-7377
- Emergency Hotline: 911
- National Bureau of Investigation (NBI) – Anti-Violence Against Women and Children Desk (VAWCD): (02) 523-8231 to 38 / 525-6028
- Public Attorney’s Office (DOJ – PAO): (02) 929-9010 / (02) 929-9436 to 37 loc. 106 / 107
- Philippine Government Hospital (PGH) Women’s Desk: 524-2990 / 567-3394 loc. 3072
- Women’s Crisis Center (WCC): 099-577-9631 / 0928-420-0859
You may also check the other VAWC hotlines per region here.
Need further information and assistance regarding Battered Woman Syndrome (BWS) and VAWC in the Philippines? Talk to our team at Duran & Duran-Schulze Law in BGC, Metro Manila, Philippines to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information.
