Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

House Bill No, 4047

INTRODUCED BY REPRESENTATIVES RALPH WENDEL P. TULFO
AND JOCELYN P. TULFO

AN ACT
AMENDING REPUBLIC ACT NO. 9262, OTHERWISE KNOWN AS “THE ANTI-
VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004”,
EXPANDING THE SCOPE OF THE PROTECTION TO ALL FORMS OF
DOMESTIC VIOLENCE REGARDLESS OF SEXUAL ORIENTATION,
PROVIDING FOR THE SAME PROTECTIVE MEASURES, PRESCRIBING THE
SAME PENALTIES THEREFOR, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Article II, Section 11 of the 1987 Philippine Constitution mandates the State to
value the dignity of every human person and guarantee full respect for human rights.
Despite this constitutional protection, domestic and family violence continues to be a
pervasive issue that transcends all types of relationships—whether heterosexual,
lesbian, gay, bisexual, or otherwise. Different forms of domestic and family violence
may include emotional or psychological abuse, social abuse, stalking and harassment,
financial abuse, physical abuse, sexual abuse, and even cyberbullying?

In response, the 12 Congress enacted Republic Act No. 9262, otherwise known
as the “ Anti-Violence Against Women and Their Children Act of 2004”. This landmark
legislation recognizes the need to protect the family and its members from violence
and threats to their personal safety and security. However, its scope is limited, as the
law only specifically covers women and children, leaving out individuals of other
gender identities and sexual orientations.

The pursuit of gender equality in the Philippines remains unfinished. At
present, no special law protects men in same-sex relationships or members of the
LGBTQIA+ community who are victims of domestic violence. This gap in the law
creates a troubling reality: even if an abused man submits medical evidence of injuries

1 “I'm LGBTIQ+ and experiencing domestic violence” NSW GOVERNMENT,
https: / /dcj.nsw.gov.au/children-and-families /family-domestic-and-sexual-violence/my-situation-
is—/i-m-Igbtiqi-and-experiencing-domestic-violence.html.


to authorities, his complaint may be dismissed in favor of the woman under the
current framework of RA 9262.2

Moreover, a common misconception persists — that domestic violence is always
perpetrated by men in heterosexual relationships. A nationwide study conducted by
the College of Criminal Justice Education (CCJE) of the University of Mindanao-
Institute of Popular Opinion (UM-IPO) revealed that around three in every ten
Filipino men have experienced some form of domestic violence from their wives.* This
reality underscore the urgent need to break away from gender-specific notions of
domestic violence. Violence knows no gender, and protection under the law should
be equally accessible to all.

Moreover, members of the LGBTQIA+ community also face significant risks of
abuse. However, they are considerably less likely to seek domestic violence support
and shelter compared to their counterparts. This reluctance is often rooted in the
compounded effects of violence and discrimination, which place barriers for
LGBTQIA+ victims or survivors seeking help.‘

Another critical issue lies in the gender-specific language of domestic violence
laws in the country. By defining “victims” solely as women within family or intimate
relationships, RA 9262 highlights the vulnerability of women, but fail to consider
other intersecting factors, such as gender identity and sexual orientation, that also
contribute to risk and vulnerability >

This proposed measure seeks to address these gaps by amending RA 9262 to
expand its coverage. Under the amendment, protection against domestic violence
shall extend to any individual, regardless of sexual orientation or gender, in line with
the fundamental freedoms guaranteed by the Constitution, as well as international
human rights instruments such as the Universal Declaration of Human Rights, the
Convention on the Elimination of All Forms of Discrimination Against Women, and
the Convention on the Rights of the Child.

True justice and equality demand that every victim—whether man, woman, or
a member of the LGBTQIA+ community—be afforded the same recognition,
protection, and support. Only then can we fulfill the constitutional mandate to value
the dignity of every human person and guarantee full respect for human rights.

In view of the foregoing, the urgent passing of this bill is earnestly sought.

2”'The continuing quest for gender equality”, PHILIPPINE DAILY INQUIRER, 3 Apr 2024,

https:/ / opinion.inquirer.net/ 172627 / the-continuing-quest-for-gender-equality.

3 Patumbon, Rojean Grace G,, “Study: 3 in 10 husband abused’, SUNSTAR, 7 May 2024,

https:// www.sunstar.com.ph/davao/study-3-in-10-husband-abused.

4"Domestic Violence in LGBTQIA+ Relationships”, WOMEN'S ADVOCATES,

https: // wadvocates.org/find-help/about-domestic-violence/Igbtqiarelationships/.

5 “Locating LGBTQ People in Domestic Violence Laws in Asia”, OUTRIGHT INTERNATIONAL, Sep
2022, https: / /outrightinternational.org/sites/default/iles/2023-

03/AsiaLegalMapping2022_ Revised_OutrightInternational_2.pdf.


7,

RALPH WENDEL P. TULFO JOCEL
Representative RepFesentatit
2nd District of Quezon City ACT-CIS Partylist


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

House Bill No. _ 4047

INTRODUCED BY REPRESENTATIVES RALPH WENDEL P. TULFO
AND JOCELYN P. TULFO

AN ACT
AMENDING REPUBLIC ACT NO. 9262, OTHERWISE KNOWN AS “THE ANTI-
VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004”,
EXPANDING THE SCOPE OF THE PROTECTION TO ALL FORMS OF
DOMESTIC VIOLENCE REGARDLESS OF SEXUAL ORIENTATION,
PROVIDING FOR THE SAME PROTECTIVE MEASURES, PRESCRIBING THE
SAME PENALTIES THEREFOR, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Section 1 of Republic Act No. 9262 (RA 9262), otherwise known,
as “Anti-Violence Against Women and Their Children Act of 2004” is hereby
amended to read as follows:

“SECTION 1. Short Title. - This Act shall be known as the [“ Anti-
Violence Against Women and Their Children Act of 2004”] “ANTI-
DOMESTIC VIOLENCE ACT OF 2025”.

SEC. 2. Section 2 of RA 9262 is hereby amended to read as follows:

“SECTION 2. Declaration of Policy. - It is hereby declared that the
State values the dignity of [women and children] EVERY PERSON and
guarantees full respect for human rights. The State also recognizes the
need to protect the family and its members [particularly women and
children,] from violence and threats to their personal safety and security.

Towards this end, the State shall exert efforts to address
DOMESTIC violence, [committed against women and children]
REGARDLESS OF SEXUAL ORIENTATION OR GENDER in keeping
with the fundamental freedoms guaranteed under the Constitution and

4


the Provisions of the Universal Declaration of Human Rights, the
Convention on the Elimination of All Forms of Discrimination Against
Women, 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 RA 9262 is hereby amended to read as follows:
“SECTION 3. Definition of Terms. - As used in this Act,

(a) "[Violence against women and their children] DOMESTIC
VIOLENCE refers to any act or a series of acts committed by any person
against [a woman who is his wife, former wife, or against a woman]
THEIR SPOUSE, FORMER SPOUSE, OR A PARTNER with whom the
person has or had a sexual or dating relationship, or with whom [he]
THE FORMER has a common child, ADOPTED CHILD, OR CHILD
IN THEIR COMMON CARE, CUSTODY, OR SUPPORT, or against
[her] THE PARTNER'S child, whether legitimate or illegitimate, within
or without the family 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:

A. "Physical Violence" refers to acts that include bodily or physical
harm;

B. "Sexual violence" refers to an act which is sexual in nature,
committed against [a woman or her child] ANY OF THOSE
MENTIONED IN (A) OF THIS SECTION. It includes, but is not
limited to:

a) rape, sexual harassment, acts of lasciviousness, treating [a
woman or her child] ANOTHER as a sex object, making
demeaning and sexually suggestive remarks, physically
attacking the sexual parts of the victim's body, forcing
[her/him] ANOTHER to watch obscene publications and
indecent shows, or forcing the [woman or her child] VICTIM
to do indecent acts and/or make films thereof, forcing the
[wife and mistress/lover] VICTIM AND ANOTHER
LOVER to live in the conjugal home or sleep together in the
same room with the abuser;

b) acts causing or attempting to cause the [victim] ABUSER’S
SPOUSE, INTIMATE PARTNER OR THEIR COMMON
CHILD, OR THE CHILD OF THE INTIMATE PARTNER

5


to engage in any sexual activity by force, threat of force,
physical or other harm or threat of physical or other harm or
coercion;

©) Prostituting [the woman or child] A SPOUSE OR
PARTNER OR HIS/HER/THEIR CHILD.

XXX

D. "Economic abuse" refers to acts that make or attempt to make a
[woman] 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 or property owned in common;

3. destroying household property; AND

4. controlling the victims' own money or properties or solely
controlling the conjugal money or properties.

(b) "Battery" refers to an act of inflicting physical harm upon [the woman
or her] ANOTHER OR HIS/HER/THEIR child resulting to the physical
and psychological or emotional distress.

XXX

(d) "Stalking" refers to an intentional act committed by a person who,
knowingly and without lawful justification follows [the woman or her]
A SPOUSE/PARTNER OR HIS/HER/THEIR child or places the
[woman or her] SPOUSE/PARTNER OR HIS/HER/THEIR child under
surveillance directly or indirectly or a combination thereof.

xxx!


SEC. 4. Section 4 of RA 9262 is hereby amended to read as follows:
“SECTION 4. Construction.- This Act shall be liberally construed to
promote the protection and safety of victims of DOMESTIC violence
[against women and their children].”

SEC. 5. Section 5 of RA 9262 is hereby amended to read as follows:

“SECTION 5. Acts of DOMESTIC Violence [Against Women and Their

Children]. - The crime of DOMESTIC violence [against women and their
children] is committed through any of the following acts:

(a) Causing physical harm [to] TOWARD the [woman]
SPOUSE/PARTNER or [her] HIS/HER/THEIR child;

(b) Threatening to cause the [woman] SPOUSE/PARTNER or [her]
HIS/HER/THEIR child physical harm;

(0) Attempting to cause the [woman] SPOUSE/PARTNER or [her]
HIS/HER/THEIR child physical harm;

(d) Placing the [woman] SPOUSE/PARTNER or [her]
HIS/HER/THEIR child in fear of imminent physical harm;

(e) Attempting to compel or compelling the [woman] to engage in
conduct which the [woman or her child] VICTIM has the right to
desist from or desist from conduct which the [woman or her child]
VICTIM has the right to engage in, or attempting to restrict or
restricting the [woman's or her child's] VICTIM'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] SPOUSE/PARTNER or [her]
HIS/HER/THEIR 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] SPOUSE/PARTNER or
HIS/HER/THEIR CHILD'S movement or conduct:

(1) Threatening to deprive or actually depriving the
[woman or] SPOUSE/PARTNER or [her] HIS/HER/THEIR
child [of] custody OR ACCESS to her/his family;

(2) Depriving or threatening to deprive the [woman or her
children] SPOUSE/PARTNER OR HIS/HER/THEIR
CHILD of LEGALLY DUE financial support [legally due
her or her family] FOR THE SPOUSE/PARTNER OR

7


HIS/HER FAMILY, or deliberately providing [the woman's
children] insufficient financial support;

(3) Depriving or threatening to deprive the [woman or her
child] SPOUSE, INTIMATE PARTNER, THEIR
COMMON CHILD, OR THE CHILD OF THE INTIMATE
PARTNER of a legal right;

(4) Preventing the [woman] 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 [her] THE SPOUSE/PARTNER’S
actions or decisions;

(g) Causing or attempting to cause the [woman] SPOUSE or [her]
HIS/HER/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 [woman] SPOUSE or
[her] HIS/HER/THEIR child or her/his immediate family;

(a) Engaging in purposeful, knowing, or reckless conduct,
personally or through another, that alarms or causes substantial
emotional or psychological distress to the [woman] SPOUSE or
[her] HIS/HER/THEIR child. This shall include, but not be limited
to, the following acts:

(1) Stalking or following the [woman] SPOUSE/PARTNER
or [her] HIS/HER/THEIR child in public or private places;

(2) Peering in the window or lingering outside the residence
of the [woman] SPOUSE/PARTNER or _ [her]
HIS/HER/THEIR child;

(3) Entering or remaining in the dwelling or on the property
of the [woman] SPOUSE/PARTNER or [her]
HIS/HER/THEIR child against her/his will;

(4) Destroying the property and personal belongings or
inflicting harm to animals or pets of the [woman]
SPOUSE/PARTNER or [her] HIS/HER/THEIR child; and


(©) Engaging in any form of harassment or violence;

(i) Causing mental or emotional anguish, public ridicule or
humiliation to the [woman] SPOUSE/PARTNER or [her]
HIS/HER/THEIR 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]
SPOUSE/PARTNER’S child/children.”

SEC. 6. Section 6 of RA 9262 is hereby amended to read as follows:

“SECTION 6. Penalties. - The crime of DOMESTIC violence
[against women and their children], under Section 5 hereof shall be
punished according to the following rules:

XXX

If the acts are committed while [the] A woman or child is pregnant
or committed in the presence of [her] A child, the penalty to be applied
shall be the maximum period of penalty prescribed in the section.

acKe

SEC. 7. Section 7 of RA 9262 is hereby amended to read as follows:

“SECTION 7. Venue. - The Regional Trial Court designated as a
Family Court shall have original and exclusive jurisdiction over cases of
DOMESTIC violence [against women and their children] 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 was committed at the option of the
compliant.”

SEC. 8. Section 8 of RA 9262 is hereby amended to read as follows:

“SECTION 8. Protection Orders. - A protection order is an order
issued under this act for the purpose of preventing further acts of
DOMESTIC violence [against a woman or her child] specified in Section
5 of this Act and granting other necessary relief. The relief granted under
a protection order [serve] SERVES the purpose of safeguarding the
victim from further harm, minimizing any disruption in the victim's
daily life, and facilitating the opportunity and ability of the victim to
independently regain control over [her] THEIR life. The provisions of
the protection order shall be enforced by law enforcement agencies. The

9


protection orders that may be issued under this Act are the barangay
protection order (BPO), temporary protection order (IPO) and
permanent protection order (PPO). The protection orders that may be
issued under this Act shall include any, some or all of the following
reliefs:

XXX

(g) Directing the respondent to provide support to the [woman
and/or her] SPOUSE/PARTNER OR HIS/HER/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 [woman] SPOUSE/PARTNER OR
HIS/HER/THEIR CHILD. Failure to remit and/or withhold or any
delay in the remittance of support to the [woman and/or her]
SPOUSE/PARTNER OR HIS/HER/THEIR child without
justifiable cause shall render the respondent or [his] THE
RESPONDENT'S 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] THE RESPONDENT
to surrender the same to the court for appropriate disposition by
the court, including revocation of license 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 firearm and shall direct the appropriate authority to
investigate on the offender and take appropriate action on matter;

XXX
SEC. 9. Section 9 of RA 9262 is hereby amended to read as follows:
“SECTION 9. Who may file Petition for Protection Orders. - x x x

(©) police, officers, preferably those in charge of [women and
children’s] DOMESTIC VIOLENCE desks;

XXX

(h) At least two (2) concerned responsible citizens of the city or
municipality where the DOMESTIC violence [against women
and their children] occurred and who has personal knowledge of
the offense committed.”

10


SEC. 10. Section 13 of RA 9262 is hereby amended to read as follows:

“SECTION 13. Legal Representation of Petitioners for Protection Order.
~ If the [woman] SPOUSE/PARTNER or [her] HIS/HER/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 Attorney's Office (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 RA 9262 is hereby amended to read as follows:

“SECTION 14. Barangay Protection Orders (BPOs); Who May Issue
and How. - Barangay Protection Orders (BPOs) refer to the protection
order issued by the Punong Barangay ordering the perpetrator to desist
from committing, acts under Section 5 (a) and (b) of this Act. A Punong
Barangay who receives applications for a BPO shall issue the protection
order to the applicant on the date of filing after ex parte determination of
the basis of the application. If the Punong Barangay is unavailable to act
on the application for a BPO, the application shall be acted upon by any
available Barangay Kagawad. If the BPO is issued by a Barangay
Kagawad, the order must be accompanied by an attestation by the
Barangay Kagawad that the Punong Barangay was unavailable at the
time for the issuance of the BPO. BPOs shall be effective for [fifteen (15)]
THIRTY (30) days. Immediately after the issuance of an ex parte BPO,
the Punong Barangay or Barangay Kagawad 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.”

SEC. 12. Section 22 of RA 9262 is hereby amended to read as follows:

“SECTION 22. Applicability of Protection Orders to Criminal Cases. ~
The foregoing provisions on protection orders shall be applicable in
criminal cases and/or shall be included in the civil actions deemed

n


impliedly instituted with the criminal actions involving DOMESTIC
violence [against women and their children].”

SEC. 13. Section 25 of RA 9262 is hereby amended to read as follows:

“SECTION 25. Public Crime. - [Violence against women and their
children] 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 RA 9262 is hereby amended to read as follows:

“SECTION 28. Custody of Children. - 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. Section 29, paragraph (a) of RA 9262 is hereby amended to read as
follows:

“SECTION 29. Duties of Prosecutors/Court Personnel. - Prosecutors
and court personnel should observe the following duties when dealing
with victims under this Act:

a) communicate with the victim in a language understood by the
[woman or her child] VICTIM; and

xxx"


SEC. 16. Section 32 of RA 9262 is hereby amended to read as follows:

“SECTION 32. Duties of Other Government Agencies and LGUs. -
Other government 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 [such]
DOMESTIC violence particularly towards educating the public on its
social impacts.

It shall be the duty of the concerned government agencies and
LGUs to ensure the sustained education and training of their officers and
personnel on the prevention of DOMESTIC violence [against women
and their children] under the Act.”

SEC. 17. Section 34 of RA 9262 is hereby amended to read as follows:

“SECTION 34. Persons Intervening Exempt from Liability. - In every
case of DOMESTIC violence [against women and their children] 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 therefrom.”

SEC. 18, Section 35 of RA 9262 is hereby amended to read as follows:
“SECTION 35. Rights of Victims, - In addition to their rights under
existing laws, victims of DOMESTIC violence [against women and their
children] shall have the following rights:
(a) to be treated with respect and dignity;

(b) to avail of legal assistance from the PAO of the Department of
Justice (DOJ) or any public legal assistance office;

(0) to be entitled to support services form the DSWD and LGUs;

(d) to be entitled to all legal remedies and support as provided for
under the Family Code; and

(c) to be informed of their rights and the services available to them
including their right to apply for a protection order.”

B


SEC. 19. Section 39 of RA 9262 is hereby amended to read as follows:
“SECTION 39. Inter-Agency Council on DOMESTIC Violence
[Against Women and Their Children (AC-VAWO)] (IAC-DY). In
pursuance of the abovementioned policy, there is hereby established an
Inter-Agency Council on DOMESTIC Violence [Against Women and
their Children], hereinafter known as the Council, which shall be
composed of the following agencies:
(a) Department of Social Welfare and Development (DSWD);

(b) National Commission on the Role of Filipino Women
(NCRFW);

(©) Civil Service Commission (CSC);

(d) Commission on Human rights (CHR)

(e) Council for the Welfare of Children (CWC);

(8 Department of Justice (DOJ);

(g) Department of the Interior and Local Government (DILG);

(h) Philippine National Police (PNP);

(i) Department of Health (DOH);

()) Department of Education (DepEd);

(k) Department of Labor and Employment (DOLE); and

() National Bureau of Investigation (NBI).

These agencies are tasked to formulate programs and projects to
eliminate [YAW] 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 [VAW] 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

14


determined by the Council in accordance with existing budget and
accounting rules and regulations.”

SEC. 20. Section 42 of RA 9262 is hereby amended to read as follows:

“SECTION 42. Training of Persons Involved in Responding to Violence
Against Women and their Children Cases. - All agencies involved in
responding to DOMESTIC violence [against women and their children
cases] shall be required to undergo education and training to acquaint
them with:

a. the nature, extend and causes of DOMESTIC violence [against
women and their children];

b. the legal rights of, and remedies available to, victims of
DOMESTIC violence [against women and their children];

c, the services and facilities available to victims or survivors;

d. the legal duties imposed on police officers to make arrest and to
offer protection and assistance; and

e. techniques for handling incidents of DOMESTIC violence
[against women and their children] that minimize the likelihood of
injury to the officer and promote the safety of the victim or survivor.

The PNP, in coordination with LGUs shall establish an education
and training program for police officers and barangay officials to enable
them to properly handle cases of violence against women and their
children.”

SEC. 21. Section 44 of RA 9262 is hereby amended to read as follows:

“SECTION 44. Confidentiality. - All records pertaining to cases of
DOMESTIC violence [against women and their children] including
those in the barangay shall be confidential 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 victim
or an immediate family member, without the latter's consent, shall be
liable to the contempt power of the court.

15


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).”

SEC. 22. Section 45 of RA 9262 is hereby amended to read as follows:

“SECTION 45. Funding. - 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 LGUs shall be used to implement services for victim of
DOMESTIC violence [against women and their children].”

SEC. 23. Implementing Rules and Regulations, - The Department of Justice, the
Philippine Commission on Women, the Department of Social Welfare and
Development, the Department of Interior and Local Government, the Department of
Health, and the Philippine National Police, and three (3) representatives from non-
governmental organizations to be identified by the PCW, shall promulgate a new set
of Implementing Rules and Regulations (IRR) within six (6) months from the approval
of this Act.

SEC. 24. Suppletory Application. - For purposes of this Act, the Revised Penal
Code and other applicable laws shall have suppletory application.

SEC. 25. Separability Clause. - If any section or provision of this Act is held
unconstitutional or invalid, the other sections or provisions shall not be affected.

SEC. 26. Repealing Clause. - All laws, decrees, orders, and rules and
regulations, or parts thereof, inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SEC. 27. Effectivity. - This Act shall take effect fifteen (15) days from the date
of its complete publication in at least two (2) newspapers of general circulation.

Approved,

16