Anti-violence Against Women and Their Children Act

• Senate Office of the Secretary TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) 25 NOV 18 P1:45 First Regular Session SENATE RECEIVED BY: S.B. No. 1535 INTRODUCED BY SENATOR RISA HONTIVEROS AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES EXPLANATORY NOTE In 2024, the Women and Children Protection Units' from around the country stated that it received 5,742 reported cases of violence against women (VAW) and 12,930 reported cases of violence against children (VAC). Among these cases, sexual VAW cases, physical abuse is the most common (51%) followed by sexual abuse (29%). However, the full extent of the issue is not very clear, due to vast underreporting. This bill is filed to encourage victim-survivors to seek justice and restitution and to clarify the roles of duty-bearers in accepting and processing reports of VAWC. Some of the important components of the bill include the: (1) broadening of the definition of intimate relationships to include online romantic arrangements; (2) expanding of the number of offenses under the Act, which now includes: misrepresenting one's sexual health status, concealing sexually transmitted infections from their partners, and preventing the victim-survivor from engaging in any lawful profession or occupation, among others; (3) expanding the scope of protection orders to include take-down orders of online posts that violate this Act; and (4) improving the protection mechanisms available to victim-survivors by imposing additional obligations to duty bearers. Through the remedies proposed in this bill, we hope that victim-survivors find the courage to come forward and seek justice. We also hope that the duty-bearers are empowered and compelled to assist and to provide the necessary support for all victim-survivors with the kindness and sensitivity the situation demands. 1 https://www.childprotectionnetwork.org/wp-content/uploads/2025/03/Women-and-Child-Protection- Units-Statistics-2024-aO-2025-0317.pdf

Through the passage of this bill, we hope to contribute to the dismantling of a misogynistic culture that looks the other way and to encourage victim-survivors and their supporters to break the culture of silence that emboldens perpetrators. RISA HONTIVEROS Senator

Senate Office of the searcarp TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session 25 NOV 18 P1:45 SENATE RECEIVED BY: S.B. No.1535 INTRODUCED BY SENATOR RISA HONTIVEROS AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR 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 "Anti-Violence

2 Against Women and Their Children Act of 2004".

Sec. 2. DECLARATION OF POLICY. — It is hereby declared that the State

values the dignity of women and children 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 violence committed against women and children 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, Convention on the Rights of the Child and other international human rights instruments of which the Philippines is a party.

Sec. 3. DEFINITION OF TERMS. - As used in this Act,

(a) Violence against women and their children," here referred to as 'VAWC', is a crime used to gain or maintain power and control over a woman in an intimate, sexual, or dating relationship. It is also referred to as intimate partner violence (IPV). For this purpose, VAWC refers to any act or a series of acts committed by an offender against an offended party, who is: 1. his wife; 2. former wife; or 3. against a woman with whom the person has or had a sexual or dating

relationship; or 4. with whom he has a common child; or 5. against a woman whose child is being used to inflict direct or indirect violence against such woman, whether the child is legitimate or illegitimate, including other children under her care, within or without the family abode. Such acts or series of acts, including battery, assault, coercion, harassment, or arbitrary deprivation of liberty, and threats thereof, result in or are likely to result in physical, sexual, psychological harm or suffering, or economic abuse. These acts include, but are not limited to, the following: A. "Physical violence" refers to bodily or physical harm or injury to the offended party. B. "Sexual violence" refers to abusive acts that are sexual in nature, committed against an offended party. C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional suffering of the offended party. It includes engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes psychological violence. D. "Economic abuse" refers to acts that negatively affect the financial capacity of the offended party. ICT-facilitated violence is any act that is committed, assisted, aggravated, or amplified by the use of ICT or other digital tools that results in or is likely to result in physical, sexual, psychological, or economic abuse or harm. Information and communications technology (ICT) refers to the totality of electronic or online means to access, create, collect, store, process, receive, transmit, present, and disseminate information. (b) "Physical injury" refers to physical, mental, or sensory harm or impairment, whether temporary or permanent. (c) "Lascivious conduct" refers to sexual acts committed with or without insertion of any kind in any orifice. (d) "Sexual harassment" refers to any unwelcome sexual advances, or requesting, requiring, and demanding favors that are sexual in nature. (e) "Battery" refers to an act or series of acts that inflict physical injury upon the offended party, resulting in physical and psychological or emotional distress. (f) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. (g) "Stalking" refers to an act committed by a person who, knowingly and without lawful justification, follows and places the offended party under surveillance directly or indirectly, whether done in -person or through ICT, or any such combination. (h) "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 dating relationship also includes online romantic engagements. A casual acquaintance

or ordinary socialization between two individuals in a business or social context is not a dating relations hip. (i) "Sexual relations" refers to a single sexual act or a series of sexual acts, which may or may not result in the bearing of a common child. This may also include sexual relations that are committed online. (i) Residential care facilities and "Safe place or shelter" refer to any home or facility maintained or managed by the Department of Social Welfare and Development (DSWD), Local Government Units (LGUs), 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 to temporarily receive the victims. (k) "Children" refers to those being used to inflict harm, whether direct or indirect, upon the woman. They are below eighteen (18) years of age or (18) years old 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 offended party, whether legitimate or illegitimate, and other children under her care, within and without the family abode. For the purposes of this Act, children are considered as incidental beneficiaries to the reliefs, remedies, and protection provided under this Act. (I) Barangay Protection Order (BPO) refers to the protection order issued by the Punong Barangay ordering the perpetrator to desist from committing acts under Section 5 of this Act. (m) Temporary Protection Order (TPO) refers to the protection order granted by the court on the date of filing of the application after ex parte determination that such order should be issued. (n) Permanent Protection Order (PPO) refers to protection orders issued by the court after notice and hearing.

Sec. 4. CONSTRUCTION. — This Act shall be liberally construed to promote

the protection and safety of the offended party against VAWC or IPV.

Sec. 5. ACTS OF VIOLENCE AGAINST WOMEN AND THEIR CHILDREN. - Acts

consisting VAWC or IPV can result in one or any combination of physical, sexual, psychological, or economic abuse or harm as defined in Section 3 of this Act. For this purpose, the crime of VAWC or IPV is committed against the offended party through any of the following acts: (a) Causing or allowing the offended party to witness abusive injury to pets. Acts falling under Section 5(a) shall be punished by imprisonment of twelve (12) years and a fine of one million two hundred thousand pesos (P1,200,000.00). The crime of VAWC or IPV through causing or allowing the offended party to witness abusive injury to pets shall prescribe in twenty (20) years. (b) Causing physical harm.

Acts falling under Section 5(b) resulting in the death of the offended party shall be punished with imprisonment of thirty (30) years. If these acts resulted in physical injuries as defined in Section 3, the penalty shall be as follows: Permanent physical injuries shall be punished with imprisonment of twenty (20) years. Temporary physical injuries shall be punished with imprisonment of twelve (12) years. A temporary injury shall mean physical injuries inflicted causing illness or incapacity for work for not more than six months. If the illness or incapacity for work caused is for more than six months, it shall be deemed a permanent injury. In addition to imprisonment, the perpetrator shall (a) pay a fine of four million pesos (P4,000,000.00); and (b) shall undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to the court. The crime of VAWC or IPV through causing physical harm shall prescribe in twenty (20) years. (c) Causing public ridicule or humiliation. Acts falling under Section 5(c) shall be punished by imprisonment of twelve (12) years and a fine of one million two hundred thousand pesos (P1,200,000.00). The crime of VAWC or IPV through causing public ridicule or humiliation shall prescribe in twenty (20) years. (d) Causing the offended party to engage in any sexual activity which does not constitute lascivious conduct, by force or threat of force, physical harm or other harm or threat of physical or other harm or coercion, or intimidation directed against the offended party. Acts falling under Section 5(d) shall be punished by imprisonment of twelve (12) years and a fine of one million two hundred thousand pesos (P1,200,000.00). The crime of VAWC or IPV through causing the offended party to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm or other harm or threat of physical or other harm or coercion, or intimidation, directed against the offended party shall prescribe in twenty (20) years. (e) Committing any of the prohibited acts against her children under existing

laws, in furtherance of the abuse of the offender against the offended party as defined under this Act. For this purpose, commission of prohibited acts against the child shall be prosecuted under the applicable law. Acts falling under Section 5(e) shall be punished by imprisonment of twelve (12) years and a fine of one million two hundred thousand pesos (P1,200,000.00). The crime of VAWC or IPV through committing any of the prohibited acts against the offended party's children under existing laws shall prescribe in twenty (20) years. (f) Compelling the offended party, by force or intimidation, to get pregnant or bear a child. Acts falling under Section 5(f) shall be punished by imprisonment of twenty (20) years and a fine of four million pesos (P4,000,000.00). The crime of VAWC or IPV through compelling the offended party, by force or intimidation, to get pregnant or bear a child shall prescribe in twenty (20) years. (g) Compelling the offended party, by force or intimidation, to take an addictive drug or substance. This includes forceful administration of drugs, whether in excess or not, that could cause physical or medical harm to the offended party. Acts falling under Section 5(g) shall be punished by imprisonment of twenty (20) years and a fine of four million pesos (P4,000,000.00). The crime of VAWC or IPV through compelling the offended party, by force or intimidation, to take an addictive drug or substance shall prescribe in twenty (20) years. (h) Compelling the offended party to: 1. Engage in conduct from which she has the right to desist; or 2. Desist from conduct in which she has the right to engage. Acts falling under Section 5(h) shall be punished by imprisonment of six (6) years and a fine of one million two hundred thousand pesos (P1,200,000.00). The crime of VAWC or IPV through compelling the offended party to engage in conduct from which she has the right to desist or desist from

conduct in which she has the right to engage shall prescribe in ten (10) years. (i) Concealment of sexually transmitted infections (STIs), including engaging in sexual activities or intercourse while the offender knows he/she has an STI. Acts falling under Section 5(i) shall be punished by imprisonment of twenty (20) years and a fine of four million pesos (P4,000,000.00). The crime of VAWC or IPV through concealment of STIs shall prescribe in twenty (20) years. (i) Controlling the offended party's own money or properties, or solely controlling the conjugal and/or co -owned money or properties. For co-owned properties, an offended party who did not participate in the acquisition of any property by the offender shall be deemed to have contributed jointly in the acquisition of the property if the offended party's efforts consisted in the care and maintenance of the family and of the household. Acts falling under Section 5(j) shall be punished by imprisonment of twelve (12) years and a fine of one million two hundred thousand pesos (P1,200,000.00). The crime of VAWC or IPV through controlling the offended party's own money or properties or solely controlling the conjugal and/or co -owned money or properties shall prescribe in twenty (20) years. (k) Damage to or destruction of property or personal effects of the offended party. Acts falling under Section 5(k) shall be punished by imprisonment of twelve (12) years and a fine of one million two hundred thousand pesos (P1,200,000.00), provided that the cost of damaged property or personal effects is not higher than the prescribed fine. The crime of VAWC or IPV through damage to or destruction of property or personal effects shall prescribe in twenty (20) years. (1) Deception regarding infertility or vasectomy. Acts falling under Section 5(1) shall be punished by imprisonment of twenty (20) years and a fine of four million pesos (P4,000,000.00). The crime of VAWC or IPV through deception regarding infertility or vasectomy shall prescribe in twenty (20) years.

(m) Deprivation of financial resources and the right to the use and enjoyment of property whether conjugal, community or owned in common. Acts falling under Section 5(m) shall be punished by imprisonment of six (6) years and a fine of one million two hundred thousand pesos (P1,200,000.00). The crime of VAWC or IPV through deprivation of financial resources and the right to the use and enjoyment of property shall prescribe in ten (10) years. (n) Destroying household property. Acts falling under Section 5(n) shall be punished by imprisonment of twelve (12) years and a fine of one million two hundred thousand pesos (P1,200,000.00). The crime of VAWC or IPV through destroying household property shall prescribe in twenty (20) years. (0) Depriving the offended party of the exercise of any legal right. Acts falling under Section 5(o) shall be punished by imprisonment of six (6) years and a fine of one million two hundred thousand pesos (P1,200,000.00). The crime of VAWC or IPV through depriving the offended party of any legal right shall prescribe in ten (10) years. (p) Emotional abuse or causing mental or emotional anguish. Acts falling under Section 5(p) shall be punished by imprisonment of twelve (12) years and a fine of one million two hundred thousand pesos (P1,200,000.00). The crime of VAWC or IPV through emotional abuse or causing mental or emotional anguish shall prescribe in twenty (20) years. (q) Entering or remaining in the dwelling or the property, whether a conjugal property or not, of the offended party, or her children against their will; Provided, that, there is an ongoing enforcement of a protection order against the offender, the parties are legally separated, separated in fact, or are no longer cohabiting, or the offender has previously committed acts of violence against the offended party. Acts falling under Section 5(q) shall be punished by imprisonment of twelve (12) years and a fine of one million two hundred thousand pesos

(P1,200,000.00). The crime of VAWC or IPV through entering or remaining in the dwelling or the property shall prescribe in twenty (20) years. (r) Forcefully causing the offended party to witness the physical, sexual or psychological abuse of a member of the family to which the offended party belongs. Acts falling under Section 5(r) shall be punished by imprisonment of twenty (20) years and a fine of four million pesos (P4,000,000.00). The crime of VAWC or IPV through forcefully causing or allowing the offended party to witness the physical, sexual, or psychological abuse of a family member shall prescribe in twenty (20) years. (s) Forcefully causing or allowing the offended party to witness sexual abuse and exploitation materials in any form. Acts falling under Section 5(s) shall be punished by imprisonment of twelve (12) years and a fine of one million two hundred thousand pesos (P1,200,000). The crime of VAWC or IPV through forcefully causing or allowing the offended party to witness pornography or sexual abuse and exploitation materials shall prescribe in twenty (20) years. (t) Forcing the offended party and paramours to live in the same home or sleep together in the same room with the offender. Acts falling under Section 5(t) shall be punished by imprisonment of twenty (20) years and a fine of four million pesos (P4,000,000). The crime of VAWC or IPV through forcing the offended party and paramours to live in the same home or sleep together in the same room with the offender shall prescribe in twenty (20) years. (u) Forcing the offended party to do obscene acts, or make films or videos of an obscene nature. Acts falling under Section 5(u) shall be punished by imprisonment of twenty (20) years and a fine of four million pesos (P4,000,000). The crime of VAWC or IPV through forcing the offended party to do obscene acts and/or make films or videos shall prescribe in twenty (20) years. (v) Forcing the offended party to have an abortion.

Acts falling under Section 5(v) shall be punished by imprisonment of twenty (20) years and a fine of four million pesos (P4,000,000). The crime of VAWC or IPV through forcing the offended party to have an abortion shall prescribe in twenty (20) years. (w) Forcing the offended party to watch obscene or pornographic publications, materials, exhibits, and shows. Acts falling under Section 5(w) shall be punished by imprisonment of twelve (12) years and a fine of one million two hundred thousand pesos (P1,200,000). The crime of VAWC or IPV through forcing the offended party to watch obscene publications, materials, exhibits, and shows shall prescribe in twenty (20) years. (x) Inflicting harm to animals or pets of the offended party. Acts falling under Section 5(x) shall be punished by imprisonment of twelve (12) years and a fine of one million two hundred thousand pesos (P1,200,000). The crime of VAWC or IPV through inflicting harm to animals or pets of the offended party shall prescribe in twenty (20) years. (y) Inflicting or committing acts punishable under this Act and under existing laws through ICT-facilitated means against an offended party. The penalty for acts falling under Section 5(y) shall be twice the penalty of the act or acts committed, but in no case shall it be more than forty (40) years. The crime of VAWC or IPV through inflicting or committing acts punishable under this Act and under existing laws through ICT-facilitated means shall be imprescriptible, reckoned from the date of discovery. (z) Inflicting or committing all other ICT-facilitated violence against an offended party. Acts falling under Section 5(z) shall be punished by imprisonment of twenty (20) years and a fine of four million pesos (P4,000,000). The crime of VAWC or IPV through inflicting or committing all other ICT- facilitated violence shall be imprescriptible, reckoned from the date of discovery.

(aa) Inflicting physical harm on oneself for the purpose of controlling the actions or decisions of the offended party. Acts falling under Section 5(aa) shall be punished by imprisonment of six (6) years and a fine of one million two hundred thousand pesos (P1,200,000). The crime of VAWC or IPV through inflicting physical harm on oneself shall prescribe in ten (10) years. (bb) Lascivious conduct. Acts falling under Section 5(bb), if committed without insertion of any object or body part into any bodily orifice, shall be punished by imprisonment of twenty (20) years and a fine of one million two hundred thousand pesos (P1,200,000). Acts falling under Section 5(bb), if committed with insertion of any object or body part into any bodily orifice, shall be punished by imprisonment of thirty (30) years and a fine of four million pesos (P4,000,000). The crime of VAWC or IPV through lascivious conduct shall prescribe in twenty (20) years. (Cc) Making demeaning remarks that affect the dignity of a person, which are unwelcome, unreasonable, and offensive to the recipient. Acts falling under Section 5(cc) shall be punished by imprisonment of six (6) months and a fine of forty thousand pesos (P40,000). The crime of VAWC or IPV through making demeaning remarks shall prescribe in ten (10) years. (dd) Making the offended party financially dependent or neglected, or withdrawing financial support despite the offender's financial capacity and capability. Acts falling under Section 5(dd) shall be punished by imprisonment of six (6) years and a fine of one million two hundred thousand pesos (P1,200,000). The crime of VAWC or IPV through making the offended party financially dependent or neglected, or withdrawing financial support shall prescribe in ten (10) years. (ee) Peering inside or lingering outside the residence of the offended party, or her children as defined under this Act. Acts falling under Section 5(ee) shall be punished by imprisonment of

twelve (12) years and a fine of one million two hundred thousand pesos (P1,200,000). The crime of VAWC or IPV through peering inside or lingering outside the residence of the offended party or her children shall prescribe in twenty (20) years. (ff) Placing the offended party in fear of imminent physical harm. Acts falling under Section 5(ff) shall be punished by imprisonment of six (6) years and a fine of one million two hundred thousand pesos (P1,200,000). The crime of VAWC or IPV through placing the offended party in fear of imminent physical harm shall prescribe in ten (10) years. Preventing the offended party from engaging in any lawful profession, (gg) occupation, business, or activity. Acts falling under Section 5(gg) shall be punished by imprisonment of six (6) years and a fine of one million two hundred thousand pesos (P1,200,000). The crime of VAWC or IPV through preventing the offended party from engaging in any lawful profession, occupation, business, or activity shall prescribe in ten (10) years. (hh) Prostituting the offended party. Acts falling under Section 5(hh) shall be punished by imprisonment of twenty (20) years and a fine of four million pesos (P4,000,000). The crime of VAWC or IPV through prostituting the offended party shall prescribe in twenty (20) years. (ii) Repeated verbal abuse. Acts falling under Section 5(ii) shall be punished by imprisonment of twelve (12) years and a fine of one million two hundred thousand pesos (P1,200,000). The crime of VAWC or IPV through verbal abuse shall prescribe in twenty (20) years. (jj) Reproducing, distributing, using, sharing, showing, or uploading of any photograph, video, or other forms of electronic or artistic representation showing or depicting in any form or in any manner the offended party's genitalia, pubic area, buttocks, breasts, excretory body part of function, nudity, scenes with sexual conduct or portrayal of sexual conduct.

In case of recording in whatever form, it must be clearly shown that there was no presence of coercion, duress, undue pressure, threats, violence, or intimidation before, during, and after the act of recording: Provided, that, consent can be withdrawn anytime. Acts falling under Section 5(jj) shall be punished by imprisonment of twelve (12) years and a fine of one million two hundred thousand pesos (P1,200,000). The crime of VAWC or IPV through reproducing, distributing, using, sharing, showing, or uploading of any photograph, video, or other forms of electronic or artistic representation showing or depicting in any form or in any manner the offended party's genitalia, pubic area, buttocks, breasts, excretory body part of function, nudity, scenes with sexual conduct or portrayal of sexual conduct shall be imprescriptible, reckoned from the date of discovery. (kk) Restricting the offended party's freedom of movement or conduct by force, or threat of force, or physical or other harm, or threat of physical or other harm, or intimidation directed against the offended party, but not limited to the following acts with the purpose or effect of controlling or restricting the offended party's movement or conduct, such as: 1. In instances where the offender deprives or threatens to deprive the offended party or her family of custody or visitation of her child, including denial of access that causes harm to the child; 2. Depriving or threatening to deprive the offended party of financial support due to her, or due to her children as defined under this Act; 3. Deliberately providing the offended party with insufficient financial support for her or her children's basic necessities that is disproportionate to the financial capacity of the offender. It shall be presumed that the offender has sufficient financial capacity. "Basic necessities" include, but are not limited to, expenses for food, shelter, clothing, medicine, and education; Acts falling under Section 5(kk) shall be punished by imprisonment of six (6) years and a fine of one million two hundred thousand pesos (P1,200,000). The crime of VAWC or IPV through restricting the offended party's freedom of movement or conduct shall prescribe in ten (10) years. (lI) Sabotaging or preventing the use of contraception.

Acts falling under Section 5(II) shall be punished by imprisonment of twenty (20) years and a fine of four million pesos (P4,000,000). The crime of VAWC or IPV through sabotaging or preventing the use of contraception shall prescribe in twenty (20) years. (mm) Sexual harassment. Acts falling under Section 5(mm) shall be punished by imprisonment of six (6) years and a fine of one million two hundred thousand pesos (P1,200,000). The crime of VAWC or IPV through sexual harassment shall prescribe in ten (10) years. (nn) Sharing, and/or showing any media that contains pictures, voice recordings, or videos of the woman and/or her children which may be construed as lewd, indecent, or sexual. Acts falling under Section 5(nn) shall be punished by imprisonment of twelve (12) years and a fine of one million two hundred thousand pesos (P1,200,000). The crime of VAWC or IPV through sharing, and/or showing any media that contains pictures, voice recordings, or videos of the woman and/or her children which may be construed as lewd, indecent, or sexual content shall be imprescriptible, reckoned from the date of discovery. (00) Stalking or following the offended party, or her children as defined in this Act in public or private places. Acts falling under Section 5(00) shall be punished by imprisonment of twelve (12) years and a fine of one million two hundred thousand pesos (P1,200,000). The crime of VAWC or IPV through stalking shall prescribe in twenty (20) years. (pp) Threatening to cause electronic or ICT-facilitated violence against an offended party. Acts falling under Section 5(pp) shall be punished by imprisonment of six (6) years and a fine of one million two hundred thousand pesos (P1,200,000). The crime of VAWC or IPV through threatening to cause electronic or ICT-facilitated violence shall be imprescriptible, reckoned from the date

of discovery. (qq) Threatening deprivation of financial resources and the right to the use and enjoyment of property whether conjugal, community or owned in common. Acts falling under Section 5(qq) shall be punished by imprisonment of six (6) months and a fine of forty thousand pesos (P40,000). The crime of VAWC or IPV through threatening deprivation of financial resources and the right to use and enjoy property shall prescribe in ten (10) years. (rr) Threatening to cause physical harm. Acts falling under Section 5(rr) shall be punished with imprisonment of six (6) months and a fine of forty thousand pesos (P40,000). Threatening to kill the offended party shall be punished with imprisonment of six (6) years and a fine of one million two hundred thousand pesos (P1,200,000). The crime of VAWC or IPV through threatening to cause physical harm shall prescribe in ten (10) years. (ss) Treating the offended party in a sexual or any manner that undermines or debases her dignity. Acts falling under Section 5(ss) shall be punished by imprisonment of twenty (20) years and a fine of four million pesos (P4,000,000). The crime of VAWC or IPV through treating the offended party in a sexual manner that undermines or debases her dignity shall prescribe in twenty (20) years. (tt) Unlawful or unwanted deprivation of access to, custody and/or visitation of children that causes mental or emotional suffering of the offended party. Acts falling under Section 5(tt) shall be punished by imprisonment of twelve (12) years and a fine of one million two hundred thousand pesos (P1,200,000). The crime of VAWC or IPV through unlawful or unwanted deprivation of access to, custody, and/or visitation of children shall prescribe in twenty (20) years. (uu) Unlawful or unwanted deprivation of belongings, personal effects, or

property. Acts falling under Section 5(uu) shall be punished by imprisonment of twelve (12) years and a fine of one million two hundred thousand pesos (P1,200,000). The crime of VAWC or IPV through unlawful or unwanted deprivation of belongings, personal effects, or property shall prescribe in twenty (20) years. (vv) Using the pictures, video, voice, name, or any other aspect of the identity of the offended party for malicious purposes, including pornography, other sexually -related crimes, and violations under Republic Act No. 10175, otherwise known as the "Cybercrime Prevention Act of 2012" and other existing laws. Acts falling under Section 5(vv) shall be punished by imprisonment of twenty (20) years and a fine of four million pesos (P4,000,000.00). The crime of VAWC or IPV through using the pictures, video, voice, name, or any other aspect of the identity of a woman and/or her children for malicious purposes shall be imprescriptible, reckoned from the date of discovery. If the offender is a government employee, or is a recidivist or habitual delinquent, the penalty to be applied shall be twice of the penalty of the act or acts committed, but in no case shall the total penalty be more than forty (40) years. If any of the acts is committed while the offended party is pregnant or is committed in the presence of the offended party's child, the penalty to be applied shall be twice of the penalty of the act or acts committed, but in no case shall the total penalty be more than forty (40) years. Liability under this act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code, as amended, or special laws.

Sec. 6. JURISDICTION AND VENUE. - The Regional Trial Court designated as

a Family Court shall have original and exclusive jurisdiction over cases of violence against the offended party and their children under this law. In cases of electronic or ICT-related violence, the court acquires jurisdiction if any of the elements is committed within the Philippines, or committed with the use of any computer system that is wholly or partly situated in the country, or when such commission causes any damage to the offended party who, at the time of the commission of the offense, is in the Philippines. In the absence of such court the case shall be filed in the Regional Trial Court, where the complainant principally resides, or where the crime or any of its elements was committed at the option of the complainant. In cases of electronic or ICT -related

violence, the case may be filed in the place where any part of the computer system used is situated, where any of the damage caused to the offended party and/or her children took place, or where the woman and/or her children reside at the time they learn of the commission of the offense. Even in the absence of the accused, as a matter of course, it will have to be filed.

Sec. 7. VIOLENCE AGAINST WOMEN (VAW) DESK OFFICERS. — Pursuant to

Section 9(d) of Republic Act No. 9710, of the Magna Carta of Women, its implementing

rules and regulations, and the corresponding joint memorandum circulars issued in relation to said law by the implementing agencies, there must be a VAW desk in every barangay. The VAW Desk Officer shall serve for four (4) years, subject to reappointment based on performance and continuing relevant training. The VAW Desk Officer shall be appointed by the Punong Barangay with the concurrence of the Sangguniang Barangay. VAW Desk Officers shall be entitled to a monthly compensation amounting to at least Salary Grade in accordance with the classification of the city/municipality where the VAW Desk is located. Said amount shall be determined by the Sangguniang Bayan or Sangguniang Panlungsod, as applicable, within six (6) months from effectivity of this Act. After one (1) year from the effectivity of this Act, and periodically thereafter, the Department of Interior and Local Government (DILG) shall review, and if proper, determine and adjust the minimum compensation of the VAW Desk Officers. Any existing rates of compensation or other benefits being provided to the VAW Desk Officer prior to and after the effectivity of this Act cannot be reduced. Violation of the preceding paragraph shall render the violating official administratively liable under the Local Government Code of 1991. In case of vacancies, the Punong Barangay shall appoint the VAW Desk Officer, endorsed by at least one (1) local women's organization or association in each barangay, or, in the absence of local women's organizations, appropriate local civil society organizations with appropriate work. The VAW Desk Officer shall have at least four (4) years of secondary education, or its equivalent. For the purpose of this law, the equivalency shall mean three (3) years of experience, preferably with adequate training on handling and management of VAW cases, and other related skills and work. Reappointment shall be based on the Officer's proven integrity, probity, and competence.

Sec. 9. PROTECTION ORDERS. - A protection order is an order issued under

this Act for the purpose of preventing further acts of violence against the offended party 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 offended

party from further harm, minimizing any disruption in the offended party's daily life, and facilitating the opportunity and ability of the offended party to independently regain control over her life. The provisions of the protection order shall be enforced by law enforcement agencies. The types of protection orders that may be issued under 5 this Act are the BPO, TPO, and PPO. Any, some, or all of the following reliefs shall be available to the offended party, 7 subject to Sections 15-17 of this Act: (a) Prohibition of the offender 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 offender from harassing, annoying, contacting or otherwise communicating with the offended party, directly or indirectly; (c) Removal and exclusion of the offender from the residence of the offended party, regardless of ownership of the res idence, either temporarily for the purpose of protecting the offended party, or permanently where no property rights, co -owned or not, are violated. If the offender must remove personal effects from the residence, the barangay/court shall direct a law enforcement officer to accompany the offender to gather the offender's personal effects and escort the offender from the residence; (d) Directing the offender to stay away from the offended party and her children at a distance specified by the barangay/ court, and to stay away from the residence, school, place of employment, or any specified place frequented by the offended party and her children; (e) Directing lawful possession and use by the offended party of a vehicle and other essential personal effects, regardless of ownership, and directing the appropriate law enforcement officer to accompany the offended party to the residence of the parties to ensure that the offended party is safely restored to the possession of the vehicle and other essential personal effects, or to supervise the offended party's removal of personal effects; (f) Granting a temporary or permanent custody of children to the offended party; (g) For applications for BPO, the offended party shall be entitled to temporary financial assistance in the amount of at least two thousand pesos (P2,000.00) per month for a period of three (3) months, subject to Section 9(k), based on the assessment of the social worker of the needs of the offended party. Should the offended party apply for a TPO or PPO, the above temporary financial assistance shall be renewable for an additional six (6) months or until the issuance of the TPO or PPO, to cover the immediate basic necessities of the offended party, without prejudice to the relief in the succeeding paragraph. (h) For applications for TPO or PPO, directing the offender to provide support to the offended party, and/or her children if entitled to support. Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of the income or salary of the offender to be withheld regularly by the offender's employer for the same to be automatically remitted directly to the offended party.

Failure to remit and/or withhold or any delay in the remittance of support to the offended party and/or he r children without justifiable cause shall render the offender or the offender's employer liable for indirect contempt of court; (i) Prohibition of the offender from any use or possession of any firearm or deadly weapon and order him to surrender the firearm 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 officer, the court shall order the offender to surrender the firearm and shall direct the appropriate authority to investigate on the offender and take appropriate action on the 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; (k) Directing the DSWD, LGUs, or any appropriate agency, as needed, to provide the petitioner other forms of psychosocial assistance, including but not limited to medical, education, financial, livelihood, and temporary shelter; (1) Ordering the immediate blocking, blacklisting, removal, or shutdown of any upload, program, application, or any type of media or file that causes or tends to cause violence against the offended party; and (m) 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 the petitioner and any designated family or household member consent 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 a BPO shall not preclude a petitioner from applying for, or the court from granting a TPO or PPO. A fine of not less than one million pesos (PHP 1,000,000) but not more than three million pesos (PHP 3,000,000) shall be imposed on any internet intermediaries and internet service provider as defined in Republic Act who fails to cooperate with law enforcement agencies. This shall not preclude the filing of applicable criminal action against the service provider.

Sec. 10. WHO MAY FILE A PETITION FOR PROTECTION ORDERS. - Except

for the offender, any of the following persons may file for a petition for protection orders: 1. The offended party; 2. Parents or guardians of the offended party; 3. Ascendants, descendants or collateral relatives of the offended party within the fourth civil degree of consanguinity or affinity; 4. Officers or social workers of the DSWD or social workers of LGUs;

5. Police officers, preferably those in charge of women and children's desks; 6. Punong Barangay or Barangay Kagawad, or the VAW Desk Officer; 7. Lawyer, counselor, therapist, or healthcare provider of the offended party; 8. Any concerned person who has personal knowledge of the offense committed; 9. The Secretary of Labor and Employment or their duly authorized representatives; and 10. The Department of Migrant Workers administrator or their duly authorized representatives. Any of the foregoing persons or officials may initiate the corresponding criminal 10 action with the appropriate office or court. For this purpose, the affidavits and testimonies of personnel, operatives, and other law enforcement agencies who witnessed the acts constituting the offense shall 13 be sufficient to initiate the filing of a protection order. Conviction or the pendency of a criminal case for the violation of this Act is not a condition sine qua non for the filing of a petition for a protection order.

Sec. 11. WHERE TO APPLY FOR A PROTECTION ORDER. — Applications for

BPOs may be filed in the barangay where any of the essential elements of the act of VAWC was committed, where the offended party presently resides, or where the 19 offended party has taken temporary refuge, upon the choice of an offended party. 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 that court. If the barangay where the BPO is filed and issued is different from the barangay where the offender resides, the issuing barangay shall coordinate with the barangay where the offender resides for the service of the BPO on the offender and the enforcement thereof. For Filipino migrants, their petitions for TPO and/or PPO shall be filed through the facilitation of the relevant embassies and foreign affairs personnel, consular officers, and assistance to national officers. Foreign affairs personnel, consular officers, and assistance to nationals officers, facilitating applications of migrants 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, nor facilitate any meeting or discussion of the parties, or any mediation, subject to Section 36. Failure to implement the BPO, TPO, or PPO issued shall be cause for administrative liabilities for the government officers responsible.

Sec. 12. 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.

1 It may be filed as an independent action or as an incidental relief in any civil or criminal case the subject matter or issues thereof partakes of a violence as described in this 3 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 orders, 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; (f) 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 offended party as enumerated under Section 9(b) to (i), the application must be accompanied by an affidavit of the applicant attesting to the circumstances of the abuse suffered by the offended party, without prejudice to seeking additional reliefs by the offended party. 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 shall attest that the victim is residing in the municipality or city over which the court has territorial jurisdiction, and shall provide a mailing address for purposes of service processing. The application for a protection order with the court shall be exempt from the payment of filing fees. The psychological evaluation of the offended party is not a prerequisite for the purpose of issuance of a TPO. An application for protection order filed with a court shall be considered an application for both a TPO and PPO. Barangay officials and court personnel shall assist applicants in the preparation of the application. Law enforcement officers shall also extend assistance in the application for protection orders in cases brought to their attention.

Sec. 13. 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 Ten Thousand Pesos (P10,000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment of six (6) months.

Sec. 14. LEGAL REPRESENTATION OF PETITIONERS FOR A PROTECTION

ORDER. — If the offended party 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 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. In the absence of an available PAO counsel, the Integrated Bar of the 6 Philippines (IBP) must provide their services to the offended party. However, the offended party is not barred from seeking the services of a private 8 counsel offering free legal services. In any event, should both the offender and the offended party seek the assistance of the PAO, the PAO shall represent both parties. The conflict of interest of said lawyers shall be imputed only to the said lawyer, and the lawyer's direct supervisor. Such conflict of interest shall not disqualify the rest of the lawyers from the PAO from representing any of the parties upon full disclosure to the latter and written informed consent.

Sec. 15. BARANGAY PROTECTION ORDERS (BPOs); WHO MAY ISSUE AND

HOW. - A Punong Barangay or any of the barangay officials shall issue the protection order after ex parte determination on the basis of the application. In any event, the protection order shall be issued to the applicant within twenty -four (24) hours after receipt of the application. The BPO shall include reliefs as provided under Section 9 (a), (b), (c), (d), (e), (g), (i), and (1) of this Act, subject to the prohibition provided in Section 36. BPOs shall be effective for thirty (30) days, which may be renewed for a maximum of sixty (60) days; Provided that, if an application for a TPO/PPO has been filed, the BPO shall remain in effect until such TPO/PPO has been issued. 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 offender or direct any barangay official up to the position of Barangay Treasurer, or the Barangay Tanod to effect its personal service. The barangay official who will serve the BPO must be accompanied by a law enforcement officer in all instances. The VAW Desk Officer shall, in no case serv e the BPO to the offender. Every act committed in violation of Section 5 shall constitute a separate ground for the application of another BPO, notwithstanding the issuance of a prior BPO. The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong Barangay.

Sec. 16. TEMPORARY PROTECTION ORDERS (TPOS); WHO MAY ISSUE AND

HOW. - In all cases, the TPO shall be granted on the date of filing of the application. Thereupon, immediately from the granting of the TPO, the clerk of the court

shall issue the TPO under the seal of the court; or in case of urgent necessity, the judge may issue the TPO, and may deputize any officer or person to serve it. The testimony of the applicant shall suffice to support the application of the 5 TPO. A court may grant any, some or all of the reliefs mentioned in Section 9 and 7 shall be effective for thirty (30) days. The court shall schedule a hearing on the issuance of a PPO prior to the 9 expiration of the TPO. The court shall order the immediate per sonal service of the 10 TPO on the respondent by the court sheriff who may obtain the assistance of law enforcement officers for the service. The TPO shall include notice of the date of the 12 hearing on the merits of the issuance of a PPO.

Sec. 17. PERMANENT PROTECTION ORDERS (PPOS); WHO MAY ISSUE AND

HOW. - Non-appearance of the respondent 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 shall 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 applicant 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 service 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.

The PPO can be availed of independently, without the filing of a criminal case.

Sec. 18. 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."

Sec. 19. MANDATORY PERIOD FOR ACTING ON APPLICATIONS FOR

7 PROTECTION ORDERS. - Failure to act on an application for a protection order within the reglementary period specified in the previous sections without justifiable cause shall render the barangay official or judge administratively liable.

Sec. 20. LEGAL SEPARATION CASES. - In cases of legal separation where

violence as specified in this Act is alleged, Article 58 of the Family Code shall not apply. The court shall proceed on the main case and other incidents of the case as soon as possible. The hearing on any application for a protection order filed by the petitioner must be conducted within the mandatory period specified in this Act.

Sec. 21. PRIORITY OF APPLICATIONS 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 all other proceedings. Barangay officials and the courts shall 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.

Sec. 22. VIOLATION OF PROTECTION ORDERS. - A complaint for a violation

of a BPO issued under this act may be filed by any of the persons mentioned under

Section 10.

The complaint 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 judgment 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.

Sec. 23. APPLICABILITY OF PROTECTION ORDERS TO CRIMINAL CASES. -

The foregoing provisions on protection orders shall be impliedly instituted with the criminal actions involving violence against women, without prejudice to the provisions of Sections 12, 15, 16, and 17 on the nature of protection orders as independent

reliefs.

Sec. 24. BOND TO KEEP THE PEACE. - The Court shall automatically order

any person against whom a protection order is issued to give a bond to keep the peace, or to present two (2) 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, he/she shall be 7 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.

Sec. 25. PUBLIC CRIME. - Violence against women and their children 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. 26. INDEPENDENT ACTION FOR DAMAGES. - Nothing in this Act shall

preclude the offended party from instituting a separate and independent action for damages and other affirmative relief. A complainant under this Act shall be entitied to actual, compensatory, moral and exemplary damages.

Sec. 27. BATTERED WOMAN SYNDROME AS A DEFENSE. - Victim -survivors

who are found by the courts to be suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of the elements for justifying circumstances of self-defense under the Revised Penal Code. In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the time of the commission of the crime, the courts shall be assisted by a psychiatrist/psychologist with gender -related training appointed by the court motu proprio. The decision shall consider the assessment of the court appointed psychiatrist/psychologist.

Sec. 28. PROHIBITED DEFENSE. - Being under the influence of alcohol, any

illicit drug, or any other mind-altering substance shall not be a defense under this Act.

Sec. 29. 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 or 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.

Sec. 30. DUTIES OF PROSECUTORS AND COURT PERSONNEL. — Prosecutors

and court personnel should observe the following duties when dealing with an offended party under this Act: (a) Communicate with the offended party in a dignified, gender -sensitive, child- and culturally -sensitive language understood by the offended party; (b) Inform the offended party of her rights including legal remedies available, procedure, and privileges, especially for indigent litigants; and (c) Render legal assistance to the offended party throughout the application for a TPO and/or PPO. This is without prejudice to the applicant's choice to elect a private prosecutor.

Sec. 31. DUTIES OF BARANGAY OFFICIALS AND LAW ENFORCEMENT

OFFICERS, PUBLIC OFFICERS AND EMPLOYEES. - Barangay officials and law enforcement officers, public officers and employees shall have the following duties: (a) Respond immediately to a call for help or request for assistance or protection of the offended party by entering the necessary premises whether or not a protection order has been issued and ensure the safety of the offended party; (b) Confiscate any deadly weapon in the possession of the offender or within plain view; (c) Transport or escort the offended party to a safe place of their choice or to a clinic or hospital; (d) Ensure the enforcement of the Protection Orders, and all of its reliefs, as issued by the Punong Barangay or the courts; (e) Arrest the suspected offender without a warrant when any of the acts of violence defined by this Act is occurring, or when the officer has personal knowledge that any act of abuse has just been committed, and there is imminent danger to the life or limb of the offended party; (f) Immediately request, within eight (8) hours after the case has been reported, for assessment of or assistance from the DSWD, Social Welfare and Development Office of LGUs, other appropriate government offices, or accredited non-government organizations (NGOs); (g) Receive complaints, conduct investigations, and apprehend perpetrators. In relation to ICT -facilitated VAW, this shall be applicable to PNP -ACG and the Barangay. If deemed necessary by the barangay officials, the foregoing duties shall be exercised in coordination with law enforcement officers. The barangay shall allocate the necessary funds for transportation and other logistical support to ensure the safety and access to reliefs and other services of offended parties.

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) Twenty Thousand Pesos (P20,000.00) or whenever applicable criminal, civil or administrative liability. In addition to the foregoing, the law enforcement officers shall have the following duties: (a) Assist the offended party or the offender in removing personal effects from the house; (b) Assist barangay officials and other government officers and employees who respond to a call for help; and (c) Immediately coordinate with the PNP -ACG in the implementation of a protection order requiring/recommending relief from ICT-facilitated VAW, including takedown of ICT materials involved in the commission of the crime. The Anti-Cybercrime Group of the Philippine National Police (PNP-ACG) shall have the following duties: (a) Facilitate the immediate blocking, blacklisting, removal, or shutdown of any upload, program, or application that causes or tends to cause violence against the offended party; (b) Develop an online mechanism for reporting real-time ICT-facilitated acts of VAW; and (c) Facilitate the implementation of BPO, TPO, PPO reliefs and prevent further ICT- facilitated harm, including takedown of materials involved in the crime.

Sec. 32. ENFORCEMENT POWERS. — The Director and Regional Director of

the National Bureau of Investigation (NBI), and the director of the Anti -Cybercrime Group of the Philippine National Police (PNP -ACG) shall be considered the competent authorities for the enforcement of this Act. They shall have the following powers: (a) To administer oath, and issue subpoena and subpoena duces tecum in relation to its investigation against internet intermediaries or any person for the disclosure of subscriber's information and/or traffic data. Such powers shall be exercised solely by the aforementioned officials and may not be further delegated to any other person or office. Failure to comply with subpoena and subpoena duces tecum shall authorize the filing of a case for indirect contempt under the rules of court with the Regional Trial Court, without prejudice to filing the appropriate civil and criminal action against the internet intermediaries; (b) To conduct investigation and direct internet intermediaries to block access to, remove or take down the internet address, uniform resource locator (URL), websites or any content thereof containing ICT -facilitated violence as defined under Section 5; (c) To receive complaints both online and face-to-face, and shall develop a reporting mechanism for this purpose; and (d) Such other power necessary to effectively implement this Act, as may be determined by competent authority.

Sec. 33. 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) Render appropriate treatment and properly document any of the victim's physical, emotional or psychological injuries, including complications; (b) Properly record any of the offended party's suspicions, observations and circumstances of the examination or visit. They shall also render a medico legal, forensic, and other necessary examinations, and a psychological evaluation. For public health officers, they shall provide the offended party the above services and other health services free of charge. For this purpose they shall automatically issue the offended party a medical certificate concerning such examinations and evaluation; (c) Safeguard the records and make them available to the offended party upon request at actual cost; and (d) Provide the offended party immediate and adequate notice of rights and remedies provided under this Act, and services available to them.

Sec. 34. DUTIES OF OTHER GOVERNMENT AGENCIES AND LGUS. - Other

government agencies and LGUs, including Philippine Embassies and Consular Offices, 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 allocate adequate funding to ensure the delivery of services to victims, such as transportation, medical, and psychosocial needs, and sustained education and training of their officers and personnel on the prevention of violence against women and their children under the Act.

Sec. 35. DUTIES AND RESPONSIBILITIES OF PRIVATE SECTORS. - Internet

intermediaries shall: (a) Adopt in their terms of service or service agreements with third -party users or creators of contents, products and services the prohibition of any form or any conduct of streaming or live -streaming of ICT-facilitated violence in the use of their website, platform, server or facility; (b) Preserve within six (6) months from the date of the transaction extendible for another six (6) months or during the pendency of the case, all subscriber's or registration information and traffic data in its control and possess ion: provided, that in the case of content data, the same shall be preserved within one (1) year, and upon notice by the competent authority, the preservation shall be extendible for another six (6) months: provided, however, that the competent authority shall expressly identify and specify such relevant evidence that needs preservation: provided, further, that the integrity of all computer data such as subscriber's information, traffic data and content data relating to communication services provided by a service provider shall be protected for

the purpose of investigation and prosecution of cases under this act: provided, finally, that the preservation period provided under the law governing foreign corporations doing business in the Philippines or the period provided under this act, whichever is longer, shall prevail; (c) Immediately block access to, remove or take down the internet address, URL, websites or any content thereof containing CSAEM or involving streaming or live-streaming of ICT-facilitated violence, within twenty-four (24) hours from receipt of notice from a competent authority or notice containing sufficient information to identify the content and its source: provided, that this period may be extended to another twenty-four (24) hours upon submission of a written justification if the notice was made by any private citizen or by a competent authority without sufficient information to identify the content and its source: provided, however, that the period provided in the preceding paragraph on the period of preservation of subscriber's or registration information, traffic or content data shall apply: provided, further, that the competent authority shall, as far as practicable, expressly identify and specify such relevant evidence that needs preservation; (d) Report to the requesting competent authority within three (3) days, the internet address or websites blocked, removed or taken down, or any form of unusual data activity using its server or facility: provided, that in cases when a foreign internet intermediary is prohibited by its country to share data, the reports filed by such foreign internet intermediary to the corresponding entity tasked by its government to receive ICT-facilitated violence reports shall be deemed in compliance with this provision: provided, however, that the said foreign internet intermediary shall inform the competent authority of such reporting: provided, further, that whatever relevant evidence otherwise not prohibited by law to be shared shall nevertheless be reported to the DOJ; (e) Provide, pursuant to a subpoena issued under this Act, the subscriber's or registration information and/or traffic data of any person who violated this Act. The subpoena must particularly describe the information asked for and indicate the relevancy of such information to the sexual abuse and exploitation of children (OSAEC) case. The subpoena must particularly describe the information asked for and indicate the relevancy of such information on violations of this Act. (f) Develop, establish and install mechanisms or measures designed to prevent, detect, respond or report violations of this act within their websites, platforms, applications, servers or facilities, compatible with the products and services they offer that may be in accordance with the global best practices and guidelines to counter violations of this act which may include the installation of available technology, program, or software to ensure that access to or streaming of violations of this act will be removed, bloc ked or filtered; (g) Coordinate with the Department of Justice -Office of Cybercrime (DO] -OOC) to define the standard upon which an internet intermediary is measured, in order to fairly assess if an internet intermediary has reasonably complied with its duties under this Act; (h) Have a policy on notifying their community to ensure that their policy has a

provision on delaying or dispensing with notification to an account holder, subscriber or customer of the internet intermediary who is stated to be a suspected offender of an act of OSAEC in an ongoing criminal investigation, of the existence of a subpoena, warrant, court order, or other governmental request directing the internet intermediary to disclose information about the said account holder, subscriber or customer for the purposes of the criminal investigation; and (i) Such other duties and responsibilities necessary to effectively implement this Act, as may be determined by competent authority. The duties of an internet service provider as provided for under Section 9(b) of Republic Act No. 11930, otherwise known as the "Anti -Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti -Child Sexual Abuse or Exploitation Materials (CSAEM) Act, shall be applicable

Sec. 36. PROHIBITION ON ALTERNATIVE DISPUTE RESOLUTION. - All forms

of alternative dispute resolution or amicable settlement, such as mediation, settlement, conciliation, arbitration, shall not apply to cases of VAWC in this Act. A Punong Barangay, Barangay Kagawad, or any barangay official, law enforcement officer, and the court or any of its officers hearing an application for a protection order shall not order, direct, force, or in any way influence the applicant for a protection order, or facilitate any meeting or discussion between the parties for the purpose of entering into a compromise, agreement or amicable settlement resulting in the abandonment of 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. Any barangay official, law enforcement officer, court officer or private or public legal counsel who violates Section 36 shall be liable for a fine not exceeding ten thousand pesos (P10,000.00) or whenever applicable, criminal, civil or administrative liability. Failure to comply with this Section shall render the official or judge administratively liable.

Sec. 37. PERSONS INTERVENING EXEMPT FROM LIABILITY. - In every case

of violence against the offended party, 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. Any person, with the assistance of the VAW Desk Officer in the barangay or Women and Children Protection Desk (WCPD) of the local police stations or local authorities, may file a complaint online for ICT -facilitated violence, for the convenience of the offended party.

Any person, private individual or police authority or barangay official who, ac ting in accordance with law, receives complaints, 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. 38. RIGHTS OF VICTIMS. - In addition to their rights under existing laws,

offended parties under this Act 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; (c) To be entitled to support services from the DSWD, LGUs, and other relevant agencies and service providers; (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. 39. HOLD DEPARTURE ORDER. - The court shall expedite the process of

issuance of a hold departure order in cases prosecuted under this Act.

Sec. 40. EXEMPTION FROM PAYMENT OF DOCKET FEES AND OTHER

EXPENSES. - If 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.

Sec. 41. INTER-AGENCY COUNCIL ON VIOLENCE AGAINST WOMEN AND

THEIR CHILDREN (IAC-VAWC). - In pursuance of the abovementioned policy, there is hereby established an Inter-Agency Council on Violence Against Women and their Children, hereinafter known as the Council, chaired by the DSWD and DILG in an alternating capacity and co -chaired by PCW. It shall be composed of the designated officers of the following departments or agencies and organizations: 1. Department of Social Welfare and Development (DSWD); 2. Secretary, Department of Interior and Local Government (DILG) 3. Chairperson, Philippine Commission on Women (PCW formerly NCRFW) 4. Chairperson, Civil Service Commission (CSC); 5. Chairperson, Commission on Human Rights (CHR) 6. Executive Director, Council for the Welfare of Children (CWC); 7. Secretary, Department of Justice (DOJ; 8. Chief, Philippine National Police (PNP); 9. Secretary, Department of Health (DOH); 10. Secretary, Department of Education (DepEd); 11. Secretary, Department of Labor and Employment (DOLE); and 12. Director, National Bureau of Investigation (NBI); 13. Secretary, Department of Information and Technology (DICT) 14. Secretary, Department of Foreign Affairs (DFA) 15. Secretary, Department of Migrant Workers (DMW)

16. Chairperson, Commission on Filipinos Overseas (CFO) 17. Three (3) representatives from women's rights organizations with a proven track record of involvement in the prevention and protection of women from violence, particularly from legal, advocacy, and social services groups. The guidelines for the selection of NGO representatives shall be developed by 6 the Council. The representatives shall serve for a term of three (3) years. These agencies are tasked to formulate programs and projects to eliminate VAW 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 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 on their behalf. The women NGO representatives to the council shall receive honorarium or emoluments as may be determined by the council in accordance with existing government rules and regulations.

Sec. 42. FUNCTIONS OF THE COUNCIL. —The Council shall:

(a) Formulate a com prehensive and integrated program to prevent and eliminate violence against women and their children; (b) Promulgate rules and regulations as may be necessary for the effective implementation of this Act; (c) Monitor and oversee the strict implementation of this Act; (d) Coordinate the programs and projects of the various member agencies to effectively address attendant issues and problems; (e) Coordinate the conduct of relevant massive information dissemination and campaign; (f) Direct other agencies to immediately respond to the problems brought to their attention and report to the Council on action taken; (g) Assist in filing of cases against individuals, agencies, institutions, or establishments that violate the provisions of this Act; (h) Formulate a program for the reintegration of victims in cooperation with DOLE, DSWD, Technical Education and Skills Development Authority (TESDA), Commission on Higher Education (CHED), LGUs and NGOs; (i) Secure from any department, bureau, office, agency, or instrumentality of the government or from NGOs and other civic organizations such assistance as may be needed to effectively implement this Act; (i) Develop and maintain a nationwide database of all VAWC and related cases; (k) Develop the mechanism to ensure the timely, coordinated, and effective response to cases of VAWC; (I) Recommend measures to enhance cooperative efforts and mutual assistance

among foreign countries through bilateral and/or multilateral arrangements to prevent and eliminate VAWC; (m) Initiate training programs in identifying and providing the necessary intervention or assistance to VAWC victim -survivors; and (n) Exercise all the powers and perform such other functions necessary to attain the purposes and objectives of this Act.

Sec. 43. SECRETARIAT TO THE COUNCIL. - A Secretariat unit shall be created

composed of regular staff to be headed by an executive director or its equivalent. The Secretariat shall provide technical and administrative support to the Council functions, including the implementation of priority programs and projects such as plan monitoring, formulation of strategic plan, annual work and financial plan, and other tasks which the Council may direct. The relevant government agency shall cause the preparation of the internal administrative structure and the staffing pattern as may be necessary for the purpose of implementing this provision, subject to the approval of the Department of Budget and Management.

Sec. 44. MANDATORY PROGRAMS AND SERVICES FOR OFFENDED PARTIES.

— The DSWD, the LGUs, and other service providers at the national and local levels shall provide appropriate and mandatory services to offended parties, such as but not limited to: case management, rescue, investigation, legal services, temporary or emergency shelters, medical treatment, financial assistance, recovery and rehabilitation programs, livelihood assistance, and psychological and psychiatric examination and counseling. Moreover, the LGUs shall designate a place within their jurisdiction that will serve as the offended party's temporary shelter. In the case of migrants, the relevant embassies and foreign affairs personnel, consular officers, and assistance to nationals' officers shall ensure that they are given adequate resources and access to legal, medical, and social services in the receiving state, during transit and upon return, especially during repatriation. these services include the provision of temporary shelters, psychosocial services, and legal aid, and prioritizing the offended party's specific health needs, particularly access to sexual and reproductive health services, and anti-sexual assault kits to include emergency contraception and post-exposure prophylaxis for human immunodeficiency virus (HIV). The Department of Health (DOH) shall provide medical assistance to the offended party, specifically counseling, assistance from the crisis intervention unit, and psychosocial services and/or, recovery, to the offended party. The DOH shall ensure the establishment and operationalization of a women and children protection unit (WCPU) in every hospital at the provincial level as a minimum standard.

Government hospitals shall establish a one-stop-shop mechanism and referral system to provide services such as medico -legal and basic crisis counseling with social and legal services. The Department of Justice (DO) shall establish and administer an identity and location confidentiality program to be referred to as the "program" ", which shall ensure the protection and safety of women and their children by providing them with a substitute address to be used when interacting with government agencies and a new mailing address which keeps their actual whereabouts confidential and free from the risk of discovery by third parties. The program shall cater to the offended party who intends to establish a new residence or those who have already relocated to another place unknown to their assailants or abusers who may use public records to find them.

Sec. 45. COUNSELING AND TREATMENT OF OFFENDERS. — The DSWD shall

provide rehabilitative counseling and treatment to perpetrators towards learning constructive ways of coping with anger and emotional outbursts and reforming their ways. When necessary, the offender shall be ordered by the Court to submit to psychiatric treatment or confinement.

Sec. 46. TRAINING OF PERSONS INVOLVED IN RESPONDING TO VIOLENCE

AGAINST WOMEN AND THEIR CHILDREN CASES. - All agencies involved in responding to violence against the offended party cases shall be required to undergo education and training to acquaint them with: (a) the nature, extent and causes of violence against women and their children; (b) the legal rights of, and remedies available to, victims of 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 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 and relevant government agencies, shall establish an education and training program for police officers, barangay officials, health service providers, and other stakeholders to enable them to properly handle cases of violence against women and their children.

Sec. 47. ENTITLEMENT TO LEAVE. — Victims under this Act shall 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

1 discrimination.

Sec. 48. ADDITIONAL LEAVE BENEFITS. - During the application of any

protection order, investigation, prosecution, and/or trial of the criminal case, an offended party who is employed shall be entitled to a paid leave of absence of up to twenty (20) days in addition to other paid leaves under the Labor Code, Civil Service rules and regulations and other existing laws and company policies, extendible when the necessity arises as specified in the protection order, the Punong Barangay /Kagawad, PNP Women's and Children's Desks or prosecutor or the clerk of court, physicians, social workers, and licensed counselors as the case may be, shall issue a certification, at no cost to the offended party, that such is pending under their jurisdiction. This certification shall be the only requirement for the employer to grant the twenty (20) -day paid leave application. In addition to the stated certification, an employee of the government must file an application for leave, citing this act. the administrative enforcement of this leave entitlement shall be considered within the jurisdiction of the regional director of the Department of Labor and Employment (DOLE) under Article 129 of the Labor Code of the Philippines, as amended, for employees in the private sector, and the Civil Service Commission (CSC), for government employees. The availment of the twenty (20)-day leave of absence shall be at the option of the offended party, which shall cover the days that she has to attend to medical, legal, and other valid concerns related to the pending case. leaves not availed of are non -cumulative and not convertible to cash. The immediate superior of the person applying for a twenty (20)-day paid leave shall approve the application on the same day it was filed. If the immediate superior is unavailable to act on the application for a leave, the application shall be acted upon by any available senior official of the private company or government agency within twenty-four (24) hours. All private companies and government agencies shall record all applications for leave in a logbook specifically for cases of VAW. They shall submit a quarterly report on all applications issued to the regional director of the DOLE for employees of the private sector, and the CSC, for government employees. Failure to act on an application for a twenty (20)-day paid leave of absence within the prescribed period without justifiable cause shall render the immediate a vicatut justin auer superior or senior official administratively liable, and the penalty of suspension for fifteen (15) days shall be imposed upon the official. An administrative complaint against the immediate superior or senior official for failure to perform one's duties can be filed by the offended party with the regional director of tide DOLE for employees of the private sector, and the CSC, for government employees, for gross neglect of duty or malfeasance. The immediate superior or senior official who denies the application for leave, and who shall prejudice the offended party or any person for assisting a co -employee who is an offended party under this act shall be liable for a fine not exceeding ten

thousand pesos (P10,000.00) and suspension for thirty (30) days for discrimination and violation of this Act. Any senior official, including the head of the agency who has knowledge of, but fails to act on, or has in any way influenced the denial of the immediate superior of the leave application of a victim -survivor, shall be held administratively liable and shall be suspended for fifteen (15) days.

Sec. 49. CONFIDENTIALITY. - All records pertaining to cases of violence

against the offended party 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 offended party. Whoever publishes or causes to be published, in any format, the name, address, telephone number, school, business address, employer, or other identifying information of the offended party 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 (P 500,000.00). The DSWD, LGUs, and DOH shall ensure that all records of the offended party a woman and her children obtained in connection with the provisioning of such services by the agencies shall be held confidential unless there is a court order authorizing the release of any information or data. The application for inclusion in the identity and location confidentiality program under the DOJ as well as other supporting documents submitted by the offended parties shall not be considered as public record and shall be kept confidential by the DOJ and shall only be released upon the order of the court. Any official or employee who willfully breaches the confidentiality of these records or willfully discloses the name, residential or mailing address of the offended party in violation of the preceding paragraph shall suffer the penalty of one (1) year imprisonment and a fine of not less than three hundred thousand pesos (P300,000.00) but not more than five hundred thousand pesos (P500,000.00).

Sec. 50. 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 the offended party.

Sec. 50-A. ADDITIONAL FUNDS FOR THE COUNCIL. — The full amount

collected from every penalty, fine, forfeiture of bonds and sureties, or asset derived from any violation of this Act shall be earmarked and held as a trust fund for the survivors by the PCW, to be managed by the IAC-VAWC. The court, upon receipt of the penalty, fine, forfeiture of bonds and sureties, or asset shall immediately order the transfer of the amount to the trust fund.

Disbursement and use of such trust fund must be documented, reported, and posted annually in the official PCW website. The funds for the implementation of this Act may be augmented by grants, donations and endowment from various sources, domestic or foreign, for purposes related to their functions, subject to the existing accepted rules and regulations of the Commission on Audit.

Sec. 51. IMPLEMENTING RULES AND REGULATIONS. - Within six (6) months

from the approval of this Act, the DOJ, the PCW, the DSWD, the DILG, the DOH, and the PNP, and three (3) representatives from NGOs to be identified by the PCW, shall promulgate the Implementing Rules and Regulations (IRR) of this Act.

Sec. 52. SUPPLETORY APPLICATION. - For purposes of this Act, the Revised

Penal Code and other applicable laws, shall have suppletory application.

Sec. 53. 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. 54, 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.

Sec. 55. 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.