Republic of the Philippines
HOUSE 0F RF,PRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
Second Regular Session
"      HouseBinNo.8995
Introduced by Representative Midy N. Cua
Lone District, Quirino
AN ACT AMENDING REPUBLIC ACT NO. 9262 0R THE ANTI-VIOLENCE AGAINST
WOMEN AND THEIR CHILDREN ACT 0F 2004, EXPANDING THE SCOPE 0F THE
PROTECTION T0 ALL FORMS OF DOMIESTIC VIOLENCE REGARDLESS OF SEXUAL
oRIENTATloN, pRovlDING FOR THE SAMn pROTHCTlvE MEAsuRr]s,
PRESCRIBING TEE SAME PENALTIES THHREFOR, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
In attempting to protect the vulnerable, it is important to consider all who could possibly be
subject to the same abuses. Violence in a relationship knows no sexual orientation, or gender identity
or expression. Persons in heterosexual or homosexual relationships have become repeated victims of
various kinds of abuses tliat are left insufficiently punished by our Revised Penal Code due to the lack
of recognition of multiple kinds of abuse.
A biological male may be similarly abused through psychological or emotional violence but
he may not claim protection against his abusive partner. A 2018 study showed that one in five men in
the  Philippines  has  experienced  domestic  violence.   Furthermore,  physical  altercations  may  not
necessarily cause sufficient and manifest damage in order to effectively prosecute under the current
crime? of Physical Injuries despite the habitual infliction of the same having deeper and more lasting
scars  in a person's psyche.  Effectively,  persons  who are abused  in this marmer are  left  without an
effective, efficient, and specific remedy to protect them as our archaic Revised Penal Code does not
properly provide for such nature of crimes.
In  amending  and  expanding  the  coverage  of Republic  Act  No.  9262  or the  Anti-Violence
Against Women and Their Children Law, no right nor privilege is lost by those who were previously
covered.  It  is  not  by  this  law  that  inequality  is  generated  as  it  similarly  recognizes  the  fact  that
battered  women  are  more  seriously  affected  by  domestic  violence  and,  as  such,  the  concept  of
battered woman  syndrome  is  still maintained without a corresponding clause  for men pending any
scientific  finding  justifying  the  same.  Rather,  this  bill  seeks  to  modemize  our  legal  system  by
recognizing  the  equality  in  vulnerability  inhe].ent  in  all  genders  when  engaging  in  any  kind  of
relationship.
It is unjust and improper for our laws to remain unamended as in maintaining the status quo,
we effectively stand idle in the face of abuse that affects persons of all genders. It is time for our legal
system to embody true equality and equity by recognizing that an injury caused to a pers{]n does not
become mitigated solely based on a person's gender or sex.


2


Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
NINETHHNTH CONGRESS
Second Regular Session
•{        HouseBillNo.8995
Introduced by Representative Midy N. Cua
Lone DistricS Quirino
AN ACT AMENDING REPUBLIC ACT NO. 9262 0R THE ANTI-VIOLENCE AGAINST
WOMEN AND THEIR CHILDREN ACT OF 2004, EXPANDING THE SCOPE OF THE
PROTECTION TO ALL FORMS OF DOMESTIC VIOLENCE REGARELESS OF SEXUAL
0RIHNTATI0N, PROVIDING FOR THE SAMH PROTECTIVE MEASURHS,
PRESCRIBING THE SAME PENALTIES THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House Of Representatives Of the Philippines in Congress as,sembled:
SECTION  1.  Section  I  of Republic Act No.  9262  otherwise known as the "Antilviolence Against
Women and Their Children Act of 2004" is hereby amended to read as follows:
"SECTION  1. SfoorJ rz.//e. - This Act shall be known as the "Anti-Domestic Violence Act of
2023„
SEC. 2. Section 2 of Republic Act No. 9262 otherwise known as the "Anti-Violence Against Women
and Their Children Act of 2004" is hereby amended to read as follows:
"SECTION 2. Dcc/arofz.o# a/Po/i.ey. - It is hereby declared that the State values the dignity of
every person,  particularly  children  and  guarantees  full  respect  for human rights.  The  State
similarly recognizes the need to protect the family and its members particularly children, from
violence and threats to their personal safety and security.
Towards  this  end,  the  State  shall  exert  efforts  to  address  domestic  violence,  regardless  of
sexual orientation or gender in keeping with the fundamental freedoms guaranteed under the
Constitution and the provisions of the Universal Declaration of Human Rights, the convention
on the Elimination of all forms of discrimination against women, the Convention on the Rights
of the Child,  and other international human rights  instruments  of which the Philippines is a
party."
SEC. 3. Section 3 of Republic Act No. 9262 otherwise known as the "Anti-Violence Against Women
and Their Children Act of 2004" is hereby amended to read as follows:
"SECTION 3. D€¢#t.fz.o# o/rerms. -As used in this Act, /aJ "Domestic Violence" shall refer
to any act or series of acts committed by any person against their spouse, former spouse, or a
partner with whom the person has or had a sexual or dating relationship,  or with whom the
fomer has a common child, adopted child, or child in their corrmon care, custody, or support,
or against the partner's child, whether legitimate or illegitimate, within or without the family
3


abode,  which  result  in  or  is  likely  to  result  in  physical,   sexual,  psychological  harm  or
suffering,   or  economic   abuse  including  threats   of  such  acts,   battery,   assault,   coercion,
harassment, or arbitrary deprivation of liberty. It includes, but is not limited to, the following
acts:
4.     "PkySz.cc}/ yz.a/ence " refers to acts that include bodily or physical ham;
a.    "Ser#¢/  yz.a/{3#ce" refers to  an act which  is  sexual  in nature,  committed against
any of those mentioned in (a) of this Section. It includes, but is not limited to:
i.             Rape, sexual harassment, acts of lasciviousness, treating another as a sex
object,  making  demeaning  and  sexually  suggestive  remarks,  physically
attacking the sexual parts of the victim's body,  forcing another to wzitch
obscene  publications  and  indecent  shows,  or  forcing  the  victim  to  do
indecent acts  and/or make  films  thereof,  forcing  the victim and another
lover to live in the conjugal home or sleep together in the same room with
the abuser.
Acts causing or attempting to cause the abuser's spouse, intimate partner
or their common  child, or the child of the  intimate partner to  engage  in
any  sexual  activity  by  force,  threat  of force,  physical  or  other hami  or
threat of physical or other harm or coercion;
iii.          Prostituting a spouse or partner or his/her/their child.
C.    "PSj;cAo/ogz.ca/  yz.a/e#ce" refers  to  acts  or omissions  causing  or likely to  cause
mental or emotional suffering of the victim such as but not limited to intimidation,
harassment, stalking, damage to property, public ridicule or humiliation, repeated
verbal abuse and marital infidelity.  It includes causing or allowing the victim to
witness the physical, sexual or psychological abuse of a member of the family to
which the  victim belongs,  or to  withess pornography in any form or to  witness
abusive  injury  to  pets  or  to  unlawful  or  unwanted  deprivation  of the  right  to
custody and/or visitation of common children.
D.    "EcoHomz.c .4bwse " refers to acts that make or attempt to make a spouse or partner
financially dependent which includes, but is not limited to the following:
1.    withdrawal of financial support or preventing the victim from engaging in any
legitimate   profession,   occupation,   business   or   activity,   except   in   cases
wherein the other spouse/partner objects on valid, serious and moral grounds
as defined in Article 73 of the Family Code;
2.    deprivation or threat of deprivation of financial resources and the right to the
use   and   enjoyment   of  the   conjugal,   community   t]r  property   owned   in
common;
3.    destroying household property;
4.    controlling  the  victim's  own  money  or  properties  or  solely  controlling  the
conjugal money or properties.
(b)  "Bcr/fer}J" refers to  an act of inflicting physical harm upon another or histher/their child
resulting to physical and psychological or emotional distress.
4


(c) `'B¢/fered WoJ#¢# fy#dro"c" refers to a scientifically defined pattern of psychological and
behavioral   symptoms   found  in  women   living   in  battering   relationships   as   a  result  of
cumulative abuse.
(d) "Sf¢/*i.#g" refers to an intentional act committed by a person who, knowingly and without
lawful justification follows a spouse/partner or histher/their child or places the spouse/partner
or histher/their child under surveillance directly or indirectly or a combination thereof.
(e)  "D¢/z.ng re/a/i.o#sAzZ)" refers  to  a  situation  wherein  the parties  live  as  husband  and  wife
without the benefit of marriage or are romantically involved over time and on  a continuing
basis  during the  course  of the  relationship.  A  casual  acquaintance  or ordinary  socialization
between two individuals in a business or social context is not a dating relationship.
(D "Sex#¢/ re/a/I.o#sr" refers to a single sexual act which may or may not result in the bearing
of a common child.
(g) "S¢/e P/czce or ffee/fer" refers to  any home or institution maintained or managed by the
Department of Social Welfare and Development (DSWD) or by any other agency or voluntary
organization accredited by the DSWD for the purposes of this Act or any other suitable place
the resident of which is willing temporarily to receive the victim.
(h) "C¢z'/dre#" refer to those below eighteen  (I 8) years  of age or older but are incapable of
taking  care  of themselves  as  defined under Republic  Act No.  7610.  As  used  in  this  Act,  it
includes the biological children of the victim and other children under her care."
SEC. 4. Section 4 of Republic Act No. 9262 otherwise known as the "Anti-Violence Against Women
and Their Children Act of 2004" is hereby amended to read as follows:
"SECTION 4.  Co#sfr#cJz.o#. - This Act shall be liberally construed to promote the protection
and safety of victims of Domestic Violence."
SEC. 5. Section 5 of Republic Act No. 9262 otherwise known as the "Anti-Violence Against Women
and Their Children Act of 2004" is hereby amended to read as follows:
"SECTION  5. f4c'ts a/Do7„esf!.c  yj.o/e#ce.  -The  crime  of Domestic Violence  is committed
through any of the following acts against those mentioned under paragraph (a) of Section I :
(a)  Cause Physical Harm toward the spouse/partner or histher/their child;
(b)  Threatening to cause the spouse/parmer or histher/their child physical harm;
(c)  Attempting to cause the spouse/partner or histher/their child physical harm;
(d)  Placing the spouse/partner or histher/their child in fear of imminent harm;
(e)  Attempting to  compel  or a.`tually  compelling  the  spouse/partner  or his/her/their
child  to  engage  in  conduct  which  the  victim  has  the  right  to  engage  in  or
attempting to restrict or restricting the victim's freedom of movement or conduct
by force or threat of force, physical or other ham or threat of physical or other
harm,  or  intimidation  directed  against  the  spouse/partner  or  histher/their  child.
This  shall  include,  but  is  not  limited  to,  the  following  acts  committed  with  the
purpose  or effect of controlling  or restricting  the  spouse/partner or his/her/their
child's movement or conduct:
5


(1)  Threatening   to   deprive   or   actually   depriving   the   spouse/partner   or
histher/their child custody or access to herthis family;
(2)  Depriving  or  threatening  to  deprive  the  spouse/partner  or  his/her/their
child  of legally  due  financial  support  for  the  spouse/partner  or  histher
family, or deliberately providing insufficient financial support;
(3)  Depriving  or  threatening  to  deprive  the  spouse,  intimate  partner,  their
common child, or the child of the intimate partner of a legal right;
(4)  Preventing the spouse, intimate partner, their common child, or the child
of  the   intimate   partner   in   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
(f)   Inflicting  or threatening  to  inflict  physical  harm  on  oneself for  the  purpose  of
controlling the spouse/partner's action or decisions;
(g)  Causing or attempting to cause the spouse/partner or histher/their 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  spouse/partner  or
histher/their child or herthis immediate family;
(h)  Engaging  in  purposeful,  knowing,  or  reckless  conduct,  personally  or  through
another,  that alams or causes  substantial  emotional or psychologica:I distress  to
the  spouse/partner or histher/their child.  This  shall  include, but is not limited to,
the following acts:
(1)  Stalking  or  following  the  spouse/partner  or  histher/their  child  in  public  or
private places;
(2)  Peering in the window or lingering outside the residence of the spouse/partner
or histher/their child;
(3)  Entering or remaining in the dwelling or on the property of the spt]use/partner
or histher/their child against herthis will;
(4)  Destroying the property and personal belongings or inflicting harm to animals
or pets of the spouse/partner or histher/their child; and
(5)  Engaging in any form of harassment or violence;
(i)   Causing  mental   or  emotional  anguish,  public  ridicule  or  humiliation  to  the
spouse/partner or histher/their child, including, but not limited to, repeated verbal
and emotional abuse, and denial of financial support or custody of minor children
or deiiial of access to the spouse/partner's child/children"
SEC. 6. Section 6 of Republic Act No. 9262 otherwise known as the "Anti-Violence Against Women
and Their Children Act of 2004" is hereby amended to read as follows:
"SECTION  6.  Pe#4//z.es'.  - The crime of Domestic Violence, under Section 5 hereof shall  be
punished according to the following rules:
6


(a)  Acts falling under Section 5(a) constituting attempted, frustrated or consummated
parricide  or  murder  or  homicide  shall  be  punished  in  accordance  with  the
provisions of the Revised Penal Code. If these acts resulted in mutilation, it shall
be  punishable  in  accordance  with  the  Revised  Penal  Code;  those  constituting
serious   physical   injuries   shall   have   the   penalty   of  prz.sz.o#   mcz);or;   those
constituting    less    serious    physical    injuries    shall    be    punished    by   prz.sz.o#
correccl.o#a/;  and those constituting slight physical  injuries  shall be punished by
arresto mayor.
Acts  falling  under  Section  5@)  shall  be  punished  by  imprisonment  of two  (2)
degrees lower than the prescribed penalty for the consummated crime as specified
in the preceding paragraph but shall in no case be lower than arresto mayor.
a)  Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;
(c)  Acts falling under Section 5(e) shall be punished by prz.si.o# co„eccz.o#a/;
(d)  Acts falling under Section 5(I) shall be punished by arresto mayor;
(e)  Acts falling under Section 5(g) shall be punished by prz.sg.o# "¢}7or;
(I)   Acts  falling  under  Section  5(h)  and  Section  5(i)  shall  be  punished  by prisz.o#
mayor;
If the acts are  comlnitted while  a woman or child is preganant or committed in the
presence  of a  child,  the  penalty  to  be  applied  shall  be  the  maximum  period  of penalty
prescribed in the section.
In addition to imprisonment, the perpetrator shall (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 (P3 00,000.00); (b) undergo mandatory psychological counseling or psychiatric
treatment and shall report compliance to the court."
SEC. 7. Section 7 of Republic Act No. 9262 otherwise known as the "Anti-Violence Against Women
and Their Children Act of 2004" is hereby amended to read as follows:
"SECTION  7.  ye#%e - The  Regional  Trial  Court  designated  as  a  Family  Cout  shall  have
original  and  exclusive jurisdiction  over  cases  of Domestic  Violence  under this  law.  In  the
absence of such court in the place where the offense was committed, the case shall be filed in
the Regional Trial Court where the crime or any of its elements were committed at the option
of the complainant.
SEC. 8. Section 8 of Republic Act No. 9262 otherwise known as the "Anti-Violence Against Women
and Their Children Act of 2004" is hereby amended to read as follows:
"SECTION 8. Pro/ec/I.o# Orders -A protection order is an order issued under this act for the
purpose of preventing further acts of Domestic Violence specified in Section 5 of this Act and
granting other necessary relief. The relief granted under a protection order serve the purpose of
safeguarding the victim  from  further harm,  minimizing  any disruption  in the victim's  dally
life, and facilitating the opportunity and ability of the victim to independently regain control
over their life.  The provisions of the protection order shall be enforced by law enforcement
agencies. The protection orders that may be issued under this Act are the Barangay protection
Order (BPO), Temporary protection order (TPO) and Permanent Protection Order (PPO). The
7


Protection  orders  that  may  be  issued  under this  Act  shall  include  any,  some,  or all  of the
following reliefs :
(a)  Prohibition   of  the   respondent   from   threatening   to   commit   of  committing,
personally or through another, any of the acts mentioned in Section 5 of this Act;
(b)  Prohibition of the respondent from harassing, annoying, telephoning, contacting or
otherwise communicating with the petitioner, directly or indirectly;
(c)  Removal  or  exclusion  of the  respondent  from  the  residence  of the  petitioner,
regardless  of ownership  of the  residence,  either temporarily  for the  purpose  of
protecting  the petitioner,  or permanently where no  property rights  are  violated,
and if respondent must remove personal effects from the residence, the court shall
direct  a  law  enforcement  agent  to  accompany  the  respondent  has  gathered  his
things and escort respondent from the residence;
(d)  Directing the respondent to  stay away  from petitioner and designated family or
household member at a distance specified by the court, and to stay away from the
residence, school, place of employment, or any specified place frequented by the
petitioner and any designated family or household member;
(e)  Directing  lawful  possession  and  use  by  petitioner  of an  automobile  and  other
essential personal effects,  regardless of ownership, and directing the appropriate
law enforcement officer to accompany the petitioner to the residence of the parties
to ensure that the petitioner is safely restored to the possession of the automobile
and other essential personal effects, or to supervise the petitioner's or respondent's
removal of personal belongings;
(I)   Granting a temporary or permanent custody of a child/children to the petitioner;
(g)   Directing the respondent to provide support to the spouse/partner or histher/their
child if entitled to legal support. Notwithstanding other laws to the contrary, the
court  shall  order  an  appropriate  percentage  of  the  income  or  salary  of  the
respondent to be withheld regularly by the respondent's employer for the same to
be  automatically  remitted  directly  to  the  spouse/partner  or  histher/their  child
without justifiable  cause  shall  render the  respondent  or his  employer  liable  for
indirect contempt of court;
(h)  Prohibition of the respondent from any use or possession of any firearm or deadly
weapon  and  order  him  to  sunender  the  same  to  the  court  for  appropriate
disposition  by  the  court,  including  revocation  of ncense  and  disqualification  to
apply  for  any  license  to  use  or  possess  a  firearm.  If  the  offender  is  a  law
enforcement agent, the court shall order the offender to surrender his fiream and
shall  direct  the  appropriate  authority  to  investigate  on  the  offender  and  take
appropriate action on matter;
(i)   Restitution for actual damages caused by the violence inflicted, including, but not
limited  to,  property  damage,  medical  expenses,  childcare  expenses  and  loss  of
income;
¢)   Directing the DSWD or any appropriate agency to provide petitioner may need;
(k)  Provision of such other forms of relief as the court deems necessary to protect and
provide  for the  safety of the petitioner and any designated  family or household
8


member,  provided  petitioner  and  any  designated  family  or  household  member
consents to such relief.
Any of the reliefs provided under this section shall be granted even in the absence of a decree
oflegalseparationorannulmentordeclarationofabsolutenullityofmarriage.
The  issuance  of a  BPO  or  the  pendency  of an  application  for  BPO  shall  not  preclude  a
petitioner from applying for, or the court from granting a TPO or PPO."
SEC.  9.  Section  9 paragraph  (e)  and (h)  of Republic Act No.  9262  otherwise known as  the "Anti-
Violence Against Women and Their Children Act of 2004" is hereby amended to read as follows:
``SEC;TICIN 9 . Who may file Petition for Protection Orders . ~ xxx
(e) police officers, preferably those in charge of domestic violence desks;
XXX
(h) At least two (2) concerned responsible citizens of the city or municipality where
the  Domestic  Violence  occuned  and  who  has  personal  knowledge  of the  offense
committed."
SEC.  10.  Section  13  of Republic  Act  No.  9262  otherwise  known  as  the  "Anti-Violelice  Against
Women and Their Children Act of 2004" is hereby amended to read as follows:
C.SECTION   13.   Fegpl   Representation   Of   Petitioners   fior   Protection   Order`   ~   lf   the
spouse/partner or histher/their child requests in the applications for a protection order for the
appointment of counsel  because  of lack of economic  means  to  hire  a counsel  de parte,  the
court shall   immediately direct the Public Attomey's Offlce (PAO) to represent the petitioner
in the hearing on the application. If the PAO determines that the applicant can afford to hire
the services of a counsel de parte, it shall facilitate the legal representation of the petitioner by
a counsel de parte. The lack of access to family or conjugal resources by the applicant, such as
when  the   same   are   controlled  by  the  perpetrator,   shall   qualify  the  petitioner  to   legal
representation by the PAO.
However,  a  private  counsel  offering  free  legal  service  is  not  barred  from  representing  the
petitioner."
SEC.  11.  Section  14  of Republic  Act  No.  9262  otherwise  known  as  the  "Anti-Violence  Against
Women and Their Children Act of 2004" is hereby amended to read as follows:
`:S_±LE=L:9_pr :4: Bars_n_8a~y `Prot^ection Prders  (BFOs),.  r!rho May Issue and How. ~ Ba,raLngay
Protection  Orders  (BPOs)  refer  to  the  protection  order  issued  by  the  P%#o#g  Bara%gny
ordering the perpetrator to desist from committing acts under Section 5 (a) and (b) of this Act.
A Pw#o#g Bar&7€gr)/ who receives applications for a BPO  shall  issue the protection order to
the applicant on the date of filing after ex p¢rfe determination on the basis of the application.
If the Pzt#ong B¢r¢ng¢)/ is unavailable  to act on the  application for a BPO,  the  application
shall be acted upon by any available B¢rcJ#gey K¢g¢wad. If the BPO is issued by a Bora#gny
Kagrwczd that the Pw#o#g B¢r¢#gay was unavailable at the time for the issunce of the BPO.
BPOs  shall  be  effective  for thirty  (30)  days.  Iinmediately after the  issuance  of an  ex parfe
BPO, the Pw#ong Bcz#¢"gr}; or Barcz#gr); Kagowczd shall personally serve a copy of the same
on the respondent, or direct any barangay official to effect is personal service.
The  parties  may  be  accompanied  by  a  non-lawyer  advocate  in  any  proceeding  before  the
Punong Barangay.
9


SEC.  12.  Section  22  of Republic  Act  No.  9262  otherwise  known  as  the  "Anti-Violence  Against
Women and Their Children Act of 2004" is hereby amended to read as follows:
"SEC"OIN  2:2.  Applicability  Of  Protection  Order  to   Criminal  Cases.  -  I:he  foregoin8
provisions  on protection orders  shall be  applicable  in  impliedly instituted with the criminal
actions involving Domestic Violence,"
SEC.  13.  Section  25  of Republic  Act  No.  9262  otherwise  known  as  the  "Anti-Violence  Against
Women and Their Children Act of 2004" is hereby amended to read as follows:
"SECTION 25. Pwb/i.c Crz.me. -Domestic Violence shall be considered a public offense which
may be prosecuted upon the filing of a complaint by any citizen having personal knowledge of
the circumstances involving the commission of the crime."
SEC.  14. Section 28 of Republic Act No. 9262 otherwise known as "Anti-Violence Against Women
and Their Children Act of 2004" is hereby amended to read as follows:
"SECTION 28.  C'z4sfody a/C%!./dre#. -The woman victim of violence shall be entitled to the
custody and support of her child/children. Children below seven (7) years old older but with
mental or physical disabilities shall automatically be given to the mother, with right to support,
unless the court finds compelling reasons to order otherwise,
A  victim  who  is  suffering  from  battered  woman  syndrome  shall  not  be  disqualified  from
having  custody of her children.  In no  case  shall  custody  of minor children be  given to  the
perpetrator of a woman who is suffering from Battered woman syndrome.
If the victim of Domestic Violence is the father, he shall be entitled to custody and support of
his child or children upon showing that the abuser is incapable of attending to the best interests
of the child whose custody is in issue applying the provisions of the Family Code."
SEC. 15. Paragraph a) of Section 29 of Republic Act No. 9262 otherwise known as the "Anti-Violence
Against Women and Their Children Act of 2004" is hereby amended to read as follows:
"Sechon 2:9 . Duties Of Prosecutors/Court Personnel. -xxx:.
a)    communicate with the victim in a language understood by the victim; and
xxx"
SEC.  16.  Section  32  of Republic  Act  No.  9262  otherwise  known  as  the  "Anti-Violeiice  Against
Women and Their Act of 2004" is hereby amended to read as follows:
"SECTIOIN  32.  Duties   Of  Other  Government  Agencies   and  LGUs  -  Otha[  gove:rnrnenl
agencies  and  LGUs  shall  establish  programs  such  as,  but  not  limited  to,  education  and
information   campaign  and  seminars   or  symposia  on  the  nature,   causes,   incidence   and
consequences  of Domestic  Violence  particularly towards  educating  the  public  on  its  social
impacts.
It shall be the duty of the concerned government agencies and LGU's to ensure the sustained
education and training of their officers and personnel on the prevention of Domestic Violence
under this Act."
SEC.  17.  Section  34  of Republic  Act  No.  9262  otherwise  kno\un  as  the  "Anti-Violence  Against
Women and Their Children Act of 2004" is hereby amended to read as follows:
10


`:S=`FTIon  34.  Per?ops  I.ntervening  Exempt from  Liability.  -  hi  every  ca.se  of  domestic
violence  as  herein  defined,  any  person,  private  individual  or  police  authority  or  barangay
official who, acting in accordance with law, responds or intervenes without using violence or
restraint greater than necessary to ensure the safety of the victim,  shall not be liable for any
criminal, civil or administrative liability resulting there from. "
SEC.  18.  Section  35  of Republic  Act  No.  9262  otherwise  known  as  the  "Anti-Violence  Against
Women and Their Children Act of 2004" is hereby amended to read as follows:
"SECTION 35. jij.gfoJr a/ y/.cf!.ms. -In addition to their rights under existing laws, victims of
Domestic Violence shall have the following rights:
(a)  to be treated with respect and dignity;
(b)  to avail of legal assistance form the PAO of the Department of Justice (DOJ) or
any public legal assistance office;
(c)  to be entitled to support services from the DSWD and LGUs'
(d)  to be entitled to all legal remedies and support as provided for under the Family
Code; and
(e)  To be informed of their rights and the services available to them including their
right to apply for a protection order."
SEC.  19.  Section  39  of Republic  Act  No.  9262  otherwise  known  as  the  "Antilviolence  Against
Women and Tbeir Children Act of 2004" is hereby amended to read as follows:
"SECTION  39.  Jmfer-zlge#ey  Co%%cJ./ o# Domesfz.c  y!.a/eITce  rzAC-I)y/.  In pursuance  of the
abovementioned policy, the previously  established Inter-Agency Council on Violence Against
Women  and  their  children,  shall  be  renamed  to  the  Inter-Agency  Council  on  Domestic
Violence (IAC-DV) herein after known as the Council, which remains to be composed of the
following agencies :
(a)  Department of social Welfare and Development (DSWD);
(b)  National Commission on the Role of Filipino Women (NCRFvy);
(c)  Civil Service Commission (CSC);
(d)  Commission on Human Rights (CHR);
(e)  Council for the Welfare of children (CWC);
(f)   Department of Justice (DOJ);
(g)  Department of the Interior and Local Goverrment (DILG);
(h)  Philippine National Police (PNP);
(i)   Department of Health (DOH);
0.)   Department of Education (DepEd);
11


(k)  Department of Labor and Employment (DOLE); and
(I)   National Bureau of Investigation (NBI).
These  agencies  are  tasked  to  formulate  new  programs  and  projects  to  eliminate  Domestic
Violence against all genders and sexes based on their mandates as well as develop capability
programs  for  their  employees  to  become  more  sensitive  to  the  needs  of their  clients.  The
Council  will  also  serve  as  the  monitoring  body  as  regards  to  Anti-Domestic   Violence
initiatives.
The  Council  members  may designate  their duly authorized representative who  shall  have  a
rank not lower than an assistant secretary or its equivalent. These representatives shall attend
Council meetings in their behalf, and shall receive emoluments as may be determined by the
Council in accordance with existing budget and accounting rules and regulations."
SEC.  20.  Section  42  of Republic  Act  No.  9262  otherwise  known  as  the  "Anti-Violence  Against
Women and Their Children Act of 2004" is hereby amended to read as follows:
•`SBC"ON  42.  Training  Of Persons  Involved  in  Responding  to  Domestic  Violence  Cases.
-All  agencies  involved  in responding  to  Domestic  Violence  shall  be  required  to  undergo
education and training to acqualnt them with:
a.    the nature, extent and causes of Domestic violence;
b.    the legal rights of, and remedies available to, victims of Domestic Violence;
c.    the services and facilities available to victims or survivors;
d.    the legal duties imposed on police offlcers to make arrest and to offer protection
and assistance; and
e.    techniques   for  handling   incidents   of  Domestic   Violence   that   minimize   the
likelihood of injury to the officer and promote the safety of the victim or survivor.
The PNP,  in coordination with LGU's  shall  establish an education and training program for
police  officers  and barangay offlcials  to  enable  them tl  properly handle  cases  of Domestic
Violence."
SEC.  21.  Section  44  of Republic  Act  No.  9262  otherwise  known  as  the  "Anti-Violence  Against
Women and Their Children Act of 2004" is hereby amended to read as follows:
"SECTION  44.  Confidentiality.  -All  records  pertaining  to  cases  of  Domestic  Violence
including those in the barangay shall be confldential and all public officers and employees and
public or private clinics to hospitals shall respect the right to privacy of the victim. Whoever
publishes  or  causes  to  be  published,  in  any  format,  the  name,  address,  telephone  number,
school,  business  address,   employer,   or  other  identifying  information  of  a  victiin  or  an
immediate family member, without the latter's consent, shall be liable to the contempt power
of the court.
Any person who violates this provision shall suffer the penalty of one (1) year imprisonment
and a fine of not more than Five Hundred Thousand pesos (P500,000.00)."
12


SEC.  22.  Section  45  of Republic  Act  No.  9262  otherwise  known  as  the  "Anti-Violence  Against
Women and Their Children Act of 2004" is hereby amended to read as follows:
"SECTION 45.  F%ndj.#g.  -  The  amount necessary to  implement the provisions  of this Act
shall be included in the annual General Appropriations Act (GAA).
The Gender and Development (GAD) Budget of the mandated agencies and LGU's  shall be
used to implement services for victims of Domestic Violence.
SEC.  23.  Section  46  of Republic  Act  No.  9262  otherwise  known  as  the  "Anti-Violence  Against
Women and Their Children Act of 2004" is hereby amended to read as follows:
"SECTION  46.  /mp/ejcoend.#g  R%/crs  a#d  Jieg%/af!.o#S.   -  Within  six  (6)  months  from  the
approval of this Act, the DOJ, the NCRFW, the DSWD,  the DILG, the DOH, and the PNP,
andthree(3)representativesfromNGOstobeidentifiedbytheNCRFW,shallpromulgatethe
Implementing Rules and Regulations (IRR) of this Act.
SEC.  24. S%fip/efory App/I.COJJ.ore.  - For the puaposes of this Act,  the Revised Penal  Code and other
applicable laws, shall have supp]etory application.
SEC.  25.  Sepor¢b*z.fy  C/¢%Se.  - If any provision  of this  Act  is  held unconstitutional  or invalid,  all
other provisions not affected thereby shall remain valid.
SEC.  26.  Jzepea/I.#g  C/a%fe.  -  All  laws,  decrees,  executive  orders,  rules  and  regulations  or parts
thereof,whichareinconsistentwiththisAct,areherebyrepealed,amendedormodifiedaccordingly.
SEC. 27. EjTj+ecfJ.vz.fy. ~ This Act shall take effect fifteen (15) days after its publication in the Oj7!.cl.a/
G¢zcffc or in a newspaper of general circulation.
Approved,
13