03 September 2012

Punishable Acts and the Penalties under R.A. 9262 (Anti-Violence Against Women and Children Act)


Punishable Acts

Section 6. 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.

Section 7. Acts of Violence Against Women and Their Children. – The crime of violence against women and their children is committed through any of the following acts:
a) Causing physical harm to the woman or her child;
b) Threatening to cause the woman or her child physical harm;
c) Attempting to cause the woman or her child physical harm;
d) Placing the woman or her child in fear of imminent physical harm;
e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or to desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the woman’s or her child’s freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or her child. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman’s or her child’s movement or conduct:
1. Threatening to deprive or actually depriving the woman or her child of custody or access to her/his family;
2. Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman’s children insufficient financial support;
3. Depriving or threatening to deprive the woman or her child of a legal right;
4. Preventing the woman in engaging in any legitimate profession, occupation, business or activity, or controlling the victim’s own money or properties, or solely controlling the conjugal or common money, or properties;
f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions;
g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family;
h) Engaging in purposeful, knowing, or reckless conduct, personally or through another,  that alarms or causes substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to the following acts:
1. Stalking or following the woman or her child in public or private places;
2 Peering in the window or lingering outside the residence of the woman or her child;
3 Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;
4 Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child;
5 Engaging in any form of harassment or violence; and
i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children or denial of access to the woman’s child/children.

Section 8. Penalties – In relation to Sec. 7 hereof, the acts complained of are punishable with the provisions set forth in this Section:
a) Acts falling under Section 7(a) constituting attempted, frustrated or consummated parricide or murder or homicide shall be punished in accordance with the provisions of the Revised Penal Code. If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code; those constituting serious physical injuries shall have the penalty of prision mayor; those constituting less serious physical injuries shall be punished by prision correctional; and those constituting slight physical injuries shall be punished by arresto mayor.
Acts falling under Section 7 (b) shall be punished by imprisonment of two (2) degrees lower than the prescribed penalty for the consummated crime as specified in the preceding paragraph but shall in no case be lower than arresto mayor.
b) Acts falling under Section 7(c) and 7(d) shall be punished by arresto mayor;
c) Acts falling under Section 7(e) shall be punished by prision correccional;
d) Acts falling under Section 7(f) shall be punished by arresto mayor;
e) Acts falling under Section 7(g) shall be punished by prision mayor;
f) Acts falling under Section 7(h) and Section 7(i) shall be punished by prision mayor.
If the acts are committed while the woman or child is pregnant or committed in the presence of her child, the penalty to be applied shall be the maximum period of penalty prescribed in this section.
In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One hundred thousand pesos (P100,000.00) but not more than Three hundred thousand pesos (P300, 000.00); and undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to the court.

2 comments:

  1. Attorney good morning,
    I am Lalai legal age of 32,i am complaining the father of my child he was abandoned my child to remarry another woman in Islam last last year 2013 in June,and he was marriage to the 1st wife last June 27,1994 and have a child to other woman last 2008,then i am also the second woman have a baby Jan,2013,and now the 3rd woman he remarry they got married June 28,2013 have a child Nov,9,2014 too...what are the punishment are to be given to that man of his wrong doing suite the RA 9262 and other penalties?

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  2. Hi mam, if your husband is abusing you physically, mentally or emotionally he will be punished under this law. Also, if he continues to engage with other woman , have a baby and not giving the right financial support to it he will be punished. I don't know if I have given you the right advice but that is what I understood about RA9262. By the way, you can read some legal advice from NDV Law's website.

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