Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

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SEVENTEETH CONGRESS
First Regular Session

0. 9584

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HOUSE B!

Introduced by Representative Federico S, Sandoval IT

EXPLANATORY NOTE

On March 8, 2004, the 12" Congress of the Philippines enacted Republic Act 9262 or “AN
ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN,
PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING
PENALTIES THEREFORE, AND FOR OTHER PURPOSES”, with the end view of
addressing domestic violence and protecting in the process women and children.

Despite the implementation of Republic Act 9262, domestic violence continues to be a
problem of the country today. Even after more than a decade after the passage of Republic
‘Act 9262, the number of domestic violence, as reported by the Philippine National Police, is
still on an upward trend. A comparative statistics conducted by the Philippine Commission on
Women shows that the number of violence against women cases reported to the Philippine
National Police from the year 2004 until 2013 shows that Republic Act 9262 ranked first at
(57%) fifty seven percent among the different VAW categories since its implementation in
2004

To address this problem, it is important to re-examine Republic Act 9262 and the need to
supplement the same or come up with additional mechanism or legislation that will fully
address domestic violence as they primarily contribute to the total effectiveness of any law
against domestic violence.

It is interesting to note that prior to the passage of Republic Act 9262, the National
Commission on the Role of Women (NCRFW) now referred to as Philippine Commission on
Women (PCW) reported that for the year 2000-2003, (90%) ninety percent of the acts of
violence against women are committed by their intimate partners— husbands and live in
partners.

Originally, Republic Act 9262 or simply the Anti-VAWC Act started as Senate Bill 2723,
sponsored by then Senator Loi Estrada. She referred to the proposed law as a “Synthesize
Measure”, because it is a union of two measures which are ~ “Anti-Domestic Violence Act”
and the “Anti-Abuse of Women in Intimate Relationship Act”. The bill originally provides
protection to all family members. These include men, children, live-in partners and other
household members



However, during the interpellation period of the bill, Senator Francis Pangilinan proposed an
amendment to the scope of the law. He suggested that it would be better for the law to give
protection only to the women, since they are the usual victims of domestic violence. He said
that some women’s group have expressed their concerns and relayed their fears to him, that
the law will fail to lessen domestic violence if it will not focus on those mostly being
victimized by domestic violence alone.

The same was supported by Senator Loren Legarda. She believed that countless women
cannot file their case against their spouses or live-in partners after being subjected to battery
and other domestic violence. Thus, she added that if the scope of the law will not be limited
to women alone and that the same protection will also be granted to men, the law may be
used to justify the abusive behaviours of men against women, hence, will fail to equalize the
difficult situation for women.

Nonetheless, Senator Tito Sotto proposed an amendment to the amendment. While he agreed
that excluding men from the scope of the law is justifiable, he does not agree that children as
well should be excluded. He believed that children are also main victims of domestic
violence. As a result from the amendments, men were excluded but not the children. The
consolidated bill became a law on March 8, 2004 as Republic Act 9262 entitled as “An Act
Defining Violence Against Women and their Children Providing for Protective Measures for
Victims, Prescribing Penalties Therefor, and for Other Purposes.” (“Garcia v. Drilon”, G.R
No. 179267, June 25, 2013)

Notwithstanding the positive effect of Republic Act 9262, individuals who live in homes
where there is domestic violence undoubtedly leads to significant emotional and
psychological trauma, regardless of their ages, gender and sexuality, social standing and
disabilities and limitations, if any.

At is undoubted that victims of domestic violence do not only include women and children,
There are men and even members of the LGBT community who find themselves in the
middle of domestic violence which may come in many forms, be it physical, sexual or
emotional.

It is interesting to note that no less than Section 1, Article III of the Bill of Rights of the
1987 Constitution provides that “No person shall be deprived of life, liberty, or property
without due process of law, nor shall any person be denied the equal protection of the
laws.”

While it is conceded that in cited case of “Garcia v. Drilon”, the Supreme Court unanimously
confirmed the validity of Republic Act 9262 and held that the same did not violate the
guarantee of equal protection of laws because it rests on substantial distinctions, given the
unequal power relationship between men and women, and that “women are the usual and
most likely victims of violence.” Nonetheless, the needed protection must not only be
intended for women and children but those who are similarly victims of domestic violence,
such as but not limited to members of the LGBT Community and men who for one reason
or another equally suffer domestic violence. Despite the Republic Act 9262, it is well to
note that none of the latter can secure any protection order from family courts as there is no
law authorizing it



Instead of living in an emotionally and physically safe and nurturing home, many of these
individuals, not covered by Republic Act 9262, suffer in deep silence. Reality is that the
victims of domestic violence stand in the same footing. Equal protection of the laws signifies
that all persons subject to legislation should be treated alike, under like circumstances and
conditions, both in the privileges conferred and liabilities imposed. Victims of domestic
violence in fact stand in the same footing. They all should therefore be given the equal
protection of the laws as this signifies that all persons subject to legislation should be treated
alike, under like circumstances and conditions, both in the privileges conferred and liabilities
imposed,

The physical or sexual abuse, depression and life debilitating anxiety and psychological
trauma from the impact of living in a household that is dominated by tension and fear and
such domestic violence and as an aftermath of such domestic violence remain unnoticed.
Thus, a need to supplement and improve an additional legislation similar to Republic Act
9262 by protecting all those that are victims of domestic violence specially those members of
the LGBT Community.

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

HON. FEDERICO S. SANDOVAL IT
Representative, Lone District of Malabon City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEV!

TEETH CONGRESS
irst Regular Session

HOUSE BILL NO. __ 5584

Introduced by Representative Federico S. Sandoval II

AN ACT DEFINING DOMESTIC VIOLE} AGAINST
INDIVIDUALS INCLUDING MEMBERS OF THE LGBT COMMUNITY
OTHER THAN WOMEN AND CHILDREN AND PROVIDING FOR
PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING
PENALTIES THEREFORE, AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as the "2017 Anti-Domestie Violence
Act Against Individuals Including Members of the LGBT Community Other Than
‘Women and Children.”

SECTION 2. Declaration of Policy.- It is hereby declared that the State values the dignity of
all individuals regardless of age, gender and sexuality, social standing and disabilities and
limitations and guarantees full respect for human rights. The State also recognizes the need to
protect all family members and relationships regardless of gender and sexuality, from
violence and threats to their personal safety and security. Towards this end, the State shall
exert efforts to address domestic violence committed against these individuals in keeping
with the fundamental freedoms guaranteed under the Constitution and the Provisions of the
Universal Declaration of Human Rights, and other international human rights instruments of
which the Philippines is a party.

SECTION 3. Definition of Terms- As used in this Act,

(a) "DomesticViolence” refers to any act or a series of acts committed constituting
psychological, physical and sexual violence by any person under R.A. 9262 and shall also
include those acts committed against any individual who is his/her spouse or former spouse
or against such person with whom the person has or had a sexual or dating relationship,
regardless of gender or sexuality within or without the family abode, which result in or is
likely to result in physical, sexual, psychological harm or suffering, including threats of such
acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.

(b) "Dating relationship" 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.

(c) "Sexual relations” refers to a single sexual act.

SECTION 4, Construction.- This Act shall be liberally construed to promote the protection
and safety of victims of domestic violence.

SECTION 5. Acts of Domestic Violence Against Individuals Other Than Women and Their
Children. The crime of violence against said individuals shall be limited to Physical,
Sexual, Psychological Abuse as herein defined

A. "Psychological Violence" 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 mental
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 witness
pornography in any form or to unlawful or unwanted deprivation of the right to custody
and/or visitation of common children. This shall include:

(a) Attempting to compel or compelling the individual to engage in conduct which such
individual has the right to desist from or desist from such conduct which such individual has
the right to engage in, or attempting to restrict or restricting the individual’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 agai idual. 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 movement or conduct

(1) Threatening to deprive or actually depriving the individual of custody to his/her
child/children or family:

(2) Preventing the individual in engaging in any legitimate profession, occupation, business
or activity or controlling the victim's own money or properties, or solely controlling the
common money, or properties;

(3) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling,
such individual's actions or decisions;

(4) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that
alarms or causes substantial emotional or psychological distress to the individual. This shall
include, but not be limited to, the following acts:

(a) Entering or remaining in the dwelling or on the property of the individual against his/her
will;

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

(c) Causing mental or emotional anguish, public ridicule or humiliation to the individual,
including, but not limited to, repeated verbal and emotional abuse, and denial of custody of
minor children of access to the their common child/children provided that such individual
exercise parental authority over the common child/children and dutifully provides such
corresponding support

B. "Physical Violence" or “Battery” refers to an act of inflicting grave and repeated physical
harm upon the individual resulting to the physical and psychological or emotional distress


C, "Sexual Violence" refers to an act which is sexual in nature, committed against such
individual aside from a woman or her child. It includes, but is not limited to:

a) sexual assault. harassment, acts of lasciviousness, treating such person as a sex object,
making demeaning and sexually suggestive remarks, physically attacking the sexual parts of
the victim's body, forcing him/her to watch obscene publications and indecent shows or
forcing the woman or her child to do indecent acts and/or make films thereof, forcing the
individual to live in the conjugal home or sleep together in the same room with the abuser;
and

b) acts causing or attempting to cause the victim to engage in any sexual activity by force,
threat of force, physical or other harm or threat of physical or other harm or coercion;

SECTION 6, Penaities- The crime of domestic violence against individuals other than
women and their children, under Section 5 hereof shall be punished according to the
following ruies

(a) Physical abuse 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 prison mayor:
those constituting less serious physical injuries shall be punished by prision correccional; and
those constituting slight physical injuries shall be punished by arresto mayor.

Acts falling under Psychological and Sexual Abuse under Section 5 shall be punished by
prision correccional or an imprisonment of six months one (1) day to six years at the
discretion of the court and may be subject of probation if committed for the first time.

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
(300,000.00); (b) undergo mandatory psychological counseling or psychiatric treatment and
shall report compliance to the court.

SECTION 7. Venue.- The Regional Trial Court designated as a Family Court shall have
original and exclusive jurisdiction over cases of violence against individuals including
members of the LGBT community other than 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 al the option
of the compliant.

SECTION 8. Protection Orders.- A protection order is an order issued under this act for the
purpose of preventing further acts of violence against such individual specified in Section 5
of this Act and granting other necessary relief. The relief granted under a protection order
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 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 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 or committing, personally
or through another, any of the acts mentioned in Section 5 of this Act;

(b) Prohibition of the respondent from harassing, annoying, contacting or otherwise
communicating with the petitioner, directly or indirectly;

(c) Removal and 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 ot
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,

(c) Directing lawful possession and use by petitioner of an automobile and other
essential personal effects, regardiess 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;

(8 Granting a temporary or permanent custody of a child/children to the petitioner;

(g) Prohibition of the respondent from any use or possession of any firearm or deadly
weapon and order him 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 appropriate authority to investigate on
the offender and take appropriate action on matter;

(i) Restitution for | damages caused by the violence inflicted, including, but not
limited to, property damage, medical expenses, childcare expenses and loss of income;

(j) Directing the DSWD or any appropriate agency to provide petitioner his/her needs;

and

(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 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 of legal separation or annulment or declaration of absolute nullity of marriage.

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.

SECTION 9. iho may file Petition for Protection Orders. ~ A petition for protection order
may be only be filed by the victim/offended party.

SECTION 10. Where to Apply for a Protection Order. ~ Applications for BPOs shall follow
the rules on venue under Section 409 of the Local Government Code of 1991 and its
implementing rules and regulations. An application for a TPO or PPO may be filed in the
Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court, Municipal Circuit
‘Trial Court with territorial jurisdiction over the place of residence of the petitioner. Provided,
however, that if a family court exists in the place of residence of the petitioner, the
application shall be filed with the said court.


SECTION 11. How to Apply for a Protection Order. ~The application for a protection order
must be in writing, signed and verified under oath by the applicant. It may be filed as an
independent action or as incidental relief in any civil or criminal case the subject matter or
issues thereof partakes of a violence as described in this Act. A standard protection order
application form, written in English with translation to the major local languages, shall be
made available to facilitate applications for protection order, and shall contain, among others,
the following information:

(a) names and addresses of petitioner and respondent;

(b) description of relationships between petitioner and respondent,

(c) a statement of the circumstances of the abuse;

(d) description of the reliefs requested by petitioner as specified in Section 8 herein;
(e) request for counsel and reasons for such;

(£) request for waiver of application fees until hearing; and

(g) an attestation that there is no pending application for a protection order in another
court.

If the applicant is not the victim, the application must be accompanied by an affidavit of the
applicant attesting to (a) the circumstances of the abuse suffered by the victim and (b) the
circumstances of consent given by the victim for the filling of the application. When
disclosure of the address of the victim will pose danger to her life, it shall be so stated in the
application. In such a case, the applicant shali attest that the victim is residing in the
municipality or city over which court has territorial jurisdiction, and shall provide a mailing
address for purpose of service processing.

An application for protection order filed with a court shall be considered ap application
for both a TPO and PPO.

Barangay officials and court personnel shall assist applicants in the preparation of the
application, Law enforcement agents shall also extend assistance in the application for
protection orders in cases brought to their attention.

SECTION 12. Enforceability of Protection Orders. ~ All TPOs and PPOs issued under this
Act shall be enforceable anywhere in the Philippines and a violation thereof shall be
punishable with a fine ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand
Pesos (P50,000.00) and/or imprisonment of six (6) months

SECTION 13. Legal Representation of Petitioners for Protection Order, ~ If the individual
requests in the application 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
shail 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.


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) 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 its personal service.

‘The parties may be accompanied by a non-lawyer advocate in any proceeding before the
Punong Barangay.

SECTION 15, Temporary Protection Orders. ~ Temporary Protection Orders (TPOs) refers
to the protection order issued by the court on the date of filing of the application after ex
parte determination that such order should be issued. A court may grant in a TPO any, some
or all of the reliefs mentioned in this Act and shall be effective for thirty (30) days. The court
shall schedule a hearing on the issuance of a PPO prior to or on the date of the expiration of
the TPO, The court shall order the immediate personal service of the TPO on the respondent
by the court sheriff who may obtain the assistance of law enforcement agents for the service.
The TPO shall include notice of the date of the hearing on the merits of the issuance of a
PPO.

SECTION 16. Permanent Protection Orders. — Permanent Protection Order (PPO) refers to
protection order issued by the court after notice and hearing. Respondent’s non-appearance
despite proper notice, or his lack of a lawyer, or the non-availability of his lawyer shall not be
a ground for rescheduling or postponing the hearing on the merits of the issuance of a PPO, If
the respondent appears without counsel on the date of the hearing on the PPO. the court shall
appoint a lawyer for the respondent and immediately proceed with the hearing. In case the
respondent fails to appear despite proper notice, the court shail allow ex parte presentation of
the evidence by the applicant and render judgment on the basis of the evidence presented.
‘The court shall allow the introduction of any history of abusive conduct of a respondent even
if the same was not directed against the applicant or the person for whom the application is
made,

‘The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a
PPO in one (1) day. Where the court is unable to conduct the hearing within one (1) day and
the TPO issued is due to expire, the court shall continuously extend or renew the TPO for a
period of thirty (30) days at each particular time until final judgment is issued. The extended
or renewed TPO may be modified by the court as may be necessary or applicable to address
the needs of the applicant.

The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A
PPO shall be effective until revoked by a court upon application of the person in whose favor
the order was issued. The court shall ensure immediate personal scrvice of the PPO on
respondent. The court shall not deny the issuance of protection order on the basis of the
lapse of time between the act of violence and the filing of the application. Regardless of the
conviction or acquittal of the respondent, the Court must determine whether or not the


PPO shall become final. Even in a dismissal, a PPO shall be granted as long as there is no
clear showing that the act from which the order might arise did not exist.

SECTION 17. Notice of Sanction in Protection Orders. — The following statement must be
printed in bold-faced type or in capital letters on the protection order issued by the Punong
Barangay or court:*VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."

CTION 18. Mandatory Period For Acting on Applications For Protection Orders
lure to act on an application for a protection order within the reglementary period
specified in the previous section without justifiable cause shall render the official or judge
administratively liable.

SECTION 19. Priority of Application for a Protection Order. ~ EX parte and adversarial
hearings to determine the basis of applications for a protection order under this Act shall have
priority over aii other proceedings. Barangay officials and the courts shail schedule and
conduct hearings on applications for a protection order under this Act above all other
business and, if necessary, suspend other proceedings in order to hear applications for a
protection order.

SECTION 20. Violation of Protection Orders. — A complaint for a violation of a BPO issued
under this Act must be filed directly with any Municipal Trial Court, Metropolitan ‘Trial
Court, or Municipal Circuit Trial Court that has territorial jurisdiction over the barangay that
issued the BPO. Violation of a BPO shall be punishable by imprisonment of thirty (30) days
without prejudice to any other criminal or civil action that the offended party may file for any
of the acts committed.

A judgement of violation of a BPO may be appealed according to the Rules of Court. During
trial and upon judgment, the trial court may motu proprio issue a protection order as it deems
necessary without need of an application. Violation of any provision of a TPO or PPO issued
under this Act shall constitute contempt of court punishable under Rule 71 of the Rules of
Court, without prejudice to any other criminal or civil action that the offended party may file
for any of the acts committed.

SECTION 21. Applicability of Protection Orders to Criminal Cases.— The foregoing
provisions on protection orders shall be applicable in impliedly instituted with the criminal
actions involving violence against women and their children

SECTION 22. Bond to Keep the Peace. ~ The Court may order any person against whom a
protection order is issued to give a bond to keep the peace, to present two sufficient sureties
who shall undertake that such person will not commit the violence sought to be prevented.
Should the respondent fail to give the bond as required, such person shall be detained for a
period which shall in no case exceed six (6) months. The protection orders referred to in this
section are the TPOs and the PPOs issued only by the courts

SECTION 23. Prescriptive Period. ~ Any of the acts falling under this Act and not covered
by the Revised Penal Code halll prescribe in five (5) years.

SECTION 24, Private Crime. ~ Violence against individuals other than women and their
children shall not be considered a public offense and may only be prosecuted de parte upon
the filing ofa complaint by the offended party


SECTION 25. 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 individual; and
b) inform the victim of his/her rights including legal remedies available and
procedure, and privileges for indigent litigants.

SECTION 26. Duties of Barangay Officials and Law Enforcers, ~ Barangay officials and
law enforcers shall have the following duties:

(a) respond immediately to a call for help or request for assistance or protection of the
victim by entering the necessary whether or not a protection order has been issued and
ensure the safety of the victinvs;

(b) confiscate any deadly weapon in the possession of the perpetrator or within plain
view;

{c) transport or escort the victim/s to a safe place of their choice or to a clinic or
hospital:

(d) assist the victim in removing personal belongs from the house;

(c) assist the barangay officials and other government officers and employees who
Tespond to a call f :
(f) ensure the enforcement of the Protection Orders issued by the Punong Barangy or
the courts;

(g) arrest the suspected perpetrator without a warrant when any of the acts of violence
defined by this Act is occurring, or when he/she has personal knowledge that any act
of abus. it itted, and there is imminent danger to the life or limb of
the victim as defined in this Act; and
(h) immediately report the call for assessment or assistance of the DSWD, Social
Welfare Department of LGUs or accredited non-government organizations (NGOs).

Any barangay official or law enforcer who fails to report the incident shall be liable for a fine
not exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or
administrative liability

SECTION 27. Healthcare Provider Response to Abuse ~ Any healthcare provider, including,
but not limited to, an attending physician, nurse, clinician, barangay health worker, therapist
or counselor who suspects abuse or has been informed by the victim of violence shall:

(a) properly document any of the victim's physical, emotional or psychological
injuries;

(b) properly record any of vietim’s suspicions, observations and circumstances of the
examination or visit:

(c) automatically provide the victim free of charge a medical certificate concerning
the examination or visi
(d) safeguard the records and make them available to the victim upon request at actual
cost; and

(e) provide the victim immediate and adequate notice of rights and remedies provided
under this Act, and services available to them.



SECTION 28. 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 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 violence against
women and their children under the Act.

SECTION 29. Prohibited Acts. — A Punong Barangay, Barangay Kagawad or the court
hearing an application for a protection order shall not order, direct, force or in any way
unduly influence the applicant for a protection order to compromise or abandon any of the
reliefs sought in the application for protection under this Act. Section 7 of the Family Courts
Act of 1997 and Sections 410, 411, 412 and 413 of the Local Government Code of 1991 shall
not apply in proceedings where relief is sought under this Act. Failure to comply with this
Section shall render the ofticiai or judge administratively liable.

SECTION 30. Persons Intervening Exempt from Liability. —In every case of violence
against individuals other than 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.

SECTION 31. Rights of Victims. - In addition to their rights under existing laws, victims of
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 form the PAO of the Department of Justice (DOJ) or
any public legal assistance office in accordance with their rules and guidelines,

(c) To be entitled to support services form the DSWD and LGUs’, if applicable.

(d) To be entitied to all iegai remedies and support as provided for under the Family
Code; and

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

SECTION 32. Damuges. - Any victim of violence under this Act shall be entitled to actual,
compensatory, moral and exemplary damages

SECTION 33, Hold Departure Order. _ The court shall expedite the process of issuance of a
hold departure order in cases prosecuted under this Act.

SECTION 34. Exemption from Payment of Docket Fee and Other Expenses. ~ \f the victim
is an indigent or there is an immediate necessity due to imminent danger or threat of danger
to act on an application for a protection order, the court shall accept the application without
payment of the filing fee and other fees and of transcript of stenographic notes

SECTION 35. Mandatory Programs and Services for Victims. The DSWD, and LGU's
shall provide the victims temporary shelters, provide counseling, psycho-social services and
Jor, recovery, rehabilitation programs and livelihood assistance.


SECTION 36. Counseling and Treatment of Offenders. ~The DSWD shall include in its
rehabilitative counseling and treatment of offenders under RA 9262, the offenders under this
act towards learning constructive ways of coping with anger and emotional outbursts and
reforming their ways. When necessary, the offender shall be similarly ordered by the Court to
submit to psychiatric treatment or confinement.

SECTION 37. Entitled to Leave. ~ Victims under this Act shall also be entitled to take a paid
leave of absence up to ten (10) days in addition to other paid leaves under the Labor Code
and Civil Service Rules and Regulations, extendible when the necessity arises as specified in
the protection order.

Any employer who shall prejudice the right of the person under this section shall be
penalized in accordance with the provisions of the Labor Code and Civil Service Rules and
Regulations, Likewise, an employer who shall prejudice any person for assisting a co-
employee who is a victim under this Act shall likewise be liable for discrimination.

SECTION 38. Confidentiality. ~ All records pertaining to cases of violence covered by this
act 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. 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)

SECTION 39. Funding — The amount (0 implement the provisions of this Act
shall be included in the annual General Appropriations Act (GAA) and shall be deemed
included in the implementation of R.A. 9262 as provided by the same law

SECTION 40. Implementing Rules and Regulations, ~ Within six (6) months from the
approval of this Act, the DOJ, the NCRFW, 1 , the DILG, the DOH, and the PNP,
and three (3) representatives from NGOs to be identified by the NCRFW, shall promulgate
the Implementing Rules and Regulations (IRR) of this Act.

SECTION 41. Suppletory Application - For purposes of this Act, R.A. 9262, the Revised
Penal Code and other applicable laws, shall have suppletory application.

SECTION 42. Separability Clause. —if any section or provision of this Act is held
unconstitutional or invalid, the other sections or provisions shall not be affected.

SECTION 43. Repealing Clause — All laws, Presidential decrees, executive orders and rules
and regulations, or parts thereof, inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SECTION 44. 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,