Short answer. Section 47 of RA 9262 makes the Revised Penal Code and other applicable laws suppletory. When the Anti-Violence Against Women and Their Children Act is silent on a point, courts and prosecutors fill the gap using Revised Penal Code provisions and other relevant statutes rather than treating the situation as unregulated.
What the law says
the Revised Penal Code and other applicable laws, shall have suppletory application.
RA 9262, Section 47 — Suppletory Application. Read the full provision →
What 'suppletory application' means
A suppletory law does not replace or override the special law; it steps in only to cover gaps the special law leaves open. Section 47 tells courts and prosecutors that where RA 9262 itself does not spell out a rule, they should look to the Revised Penal Code and other applicable statutes rather than assume the point is unregulated. This binds courts, prosecutors, and defense counsel alike, not just judges; anyone arguing a VAWC case may invoke the Revised Penal Code once RA 9262 itself falls silent on the point.
Where the gaps commonly show up
RA 9262 defines specific acts of violence against women and their children and sets out remedies such as protection orders, but it does not restate every general rule of criminal law. Concepts such as how liability is established, what counts as an attempt, or how multiple offenders can be held responsible together are drawn from the Revised Penal Code because the Anti-VAWC law does not repeat them.
Other applicable laws beyond the Revised Penal Code
The suppletory clause is not limited to the Revised Penal Code. It also opens the door to other applicable laws, such as rules on protection orders, family court procedure, and evidence, wherever those matters intersect with a case but are not addressed inside RA 9262 itself. Which specific law fills a given gap depends on the facts of the case.
Why this matters if you are involved in a case
Because RA 9262 borrows heavily from the Revised Penal Code, a person accused under the Act or seeking protection under it may find that defenses, aggravating or mitigating circumstances, and procedural safeguards familiar from ordinary criminal cases still apply. Knowing that the suppletory clause exists helps explain why a lawyer may cite the Revised Penal Code even in a case charged under RA 9262.
What this does not mean
Suppletory application does not mean RA 9262 is treated as part of the Revised Penal Code, and it does not import penalties from the Code into the Act. It only fills procedural or definitional silence, and RA 9262's own specific provisions always control whenever the Act actually addresses the point. A court that imports a Revised Penal Code penalty where RA 9262 already prescribes its own commits reversible error, since the suppletory clause covers gaps, not conflicts with the Act's specific text.
Related provisions
- RA 9262, Section 47 — Suppletory Application
- RA 9262, Section 46 — Implementing Rules
- RA 9262, Section 48 — Separability Clause