Section 5 - Acts of Violence Against Women and Their Children

Section 5(a) - Physical Harm

• Act: Causing physical harm to the woman or her child
• Penalty:
  • Attempted/frustrated/consummated parricide, murder, or homicide → punished per Revised Penal Code
  • Acts resulting in mutilation → punished per Revised Penal Code
  • Serious physical injuries → prison mayor
  • Less serious physical injuries → prision correccional
  • Slight physical injuries → arresto mayor

Section 5(b) - Threats of Physical Harm

• Act: Threatening to cause the woman or her child physical harm
• Penalty: Two degrees lower than the penalty for the consummated crime, but not lower than arresto mayor

Section 5(c) - Attempted Physical Harm

• Act: Attempting to cause the woman or her child physical harm
• Penalty: Arresto mayor

Section 5(d) - Creating Fear of Imminent Harm

• Act: Placing the woman or her child in fear of imminent physical harm
• Penalty: Arresto mayor

Section 5(e) - Controlling or Restricting Freedom

• Acts include:
  • Compelling/attempting to compel conduct the victim has the right to refuse
  • Restricting freedom of movement by force, threat, or intimidation
  • Threatening to deprive or depriving custody of family
  • Depriving financial support
  • Depriving legal rights
  • Preventing legitimate profession/business or controlling money/properties
• Penalty: Prision correccional

Section 5(f) - Self-Inflicted Harm for Control

• Act: Inflicting or threatening to inflict physical harm on oneself to control the victim's actions or decisions
• Penalty: Arresto mayor

Section 5(g) - Sexual Coercion (Non-Rape)

• Act: Causing or attempting to cause the woman or her child to engage in sexual activity (not constituting rape) through force, threat, or intimidation
• Penalty: Prision mayor

Section 5(h) - Stalking and Harassment

• Acts include:
  • Stalking or following in public/private places
  • Peering in windows or lingering outside residence
  • Entering/remaining in dwelling against victim's will
  • Destroying property or harming pets
  • Engaging in any form of harassment or violence
• Penalty: Prision mayor

Section 5(i) - Psychological/Emotional Abuse

• Act: Causing mental or emotional anguish, public ridicule or humiliation, including:
  • Repeated verbal and emotional abuse
  • Denial of financial support or custody of children
  • Denial of access to children
• Penalty: Prision mayor

Additional Penalties and Provisions

1. Aggravating Circumstances: If acts are committed while the woman or child is pregnant OR in the presence of her child → maximum period of the prescribed penalty applies

2. Additional Mandatory Penalties:

   • Fine: ₱100,000 to ₱300,000
   • Mandatory psychological counseling or psychiatric treatment
   • Must report compliance to the court

3. Protection Order Violations:

   • BPO (Barangay Protection Order) violation: 30 days imprisonment
   • TPO/PPO violation: Contempt of court under Rule 71 of Rules of Court

4. Prescription Periods:

   • Acts under Sections 5(a) to 5(f): 20 years
   • Acts under Sections 5(g) to 5(i): 10 years

The law broadly covers physical, sexual, psychological, and economic abuse, with penalties ranging from arresto mayor (1 month and 1 day to 6 months) to prision mayor (6 years and 1 day to 12 years), depending on the severity of the act.