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RA 9262 (Anti-Violence Against Women and Their Children Act of 2004)

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“Anti-Violence Against Women and their Children Act of 2004”

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Republic Act No. 9262

Jan 03, 2013

3.1k likes | 6.81k Views

Republic Act No. 9262. “ Anti-Violence Against Women and their Children Act of 2004” LILIAN DORIS S. ALEJO Senior State Prosecutor Department of Justice, Manila. Women VS. 2. Their children legitimate Illegitimate Children under her care or custody -within or without the family abode.

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Republic Act No. 9262 “Anti-Violence Against Women and their Children Act of 2004” LILIAN DORIS S. ALEJO Senior State Prosecutor Department of Justice, Manila

Women VS. 2.Their children legitimate Illegitimate Children under her care or custody -within or without the family abode Husbands Former husbands Boyfriends/partners Those whom they have a common child Has or had sexual or dating relationship Scope:

Acts Punishable: • Physical Violence • Sexual Violence • Psychological Violence • Economic Abuse

PHYSICAL VIOLENCE • Physical Injuries SEXUAL VIOLENCE -Any act which is sexual in nature committed against a woman or her child - Includes rape,*(N.B. see Section 5 [g])sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, etc.

PSYCHOLOGICAL VIOLENCE • Acts or omissions causing or likely to cause mental or emotional suffering including: • Stalking • Damage to property • Repeated verbal abuse • Marital infidelity

ECONOMIC ABUSE • Acts that make or attempt to make a woman financially dependent • Includes: • Withdrawal of financial support • Preventing her from engaging in a legitimate profession, business or activity • Deprivation or threat of deprivation of financial resources • Destroying household property • Controlling victim’s own money or properties

VIOLENCE AGAINST WOMEN AND THEIR CHILDREN • Any act or a series of acts by any person against the woman covered by this Act which result in or is likely to result in physical, sexual, psychological harm or suffering or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.

Acts of Violence Against Women & their Children • Causing physical harm to the woman or her child; • Threatening to cause the woman or her child physical harm; • Attempting to cause the woman or her child physical harm; • Placing the woman or her child in fear of imminent physical harm;

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;

Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions; • 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.

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; and 5. Engaging in any form of harassment or violence.

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.

Reliefs Given: • Protection Orders 1. Barangay Protection Order 2.Temporary Protection Order 3. Permanent Protection Order • Battered Women Syndrome--women found with BWS do not incur criminal liability • Protective custody of the abused child by the DSWD even in the absence of PO (IRR)

PROTECTION ORDERS - An order issued for the purpose of preventing further acts of violence against a woman or her child and granting other necessary relief. - Purpose: to safeguard the victim from further harm, minimizing any disruption in the victim’s daily life and facilitating the opportunity and ability of the victim to independently regain control over her life.

PROTECTION ORDERS • Prohibition from threatening or committing, personally or through another any acts in Section 5. • Prohibition from harassing, telephoning, contacting the petitioner • Removal and exclusion from the residence regardless of ownership, temporarily or permanently where no property rights are violated. • Stay away from petitioner, any designated family or household member, from residence, school, workplace or specified place.

Directing law enforcer to accompany petitioner to the residence, ensure possession of automobile and other personal effects; supervise respondent’s removal of belongings • Temporary or permanent custody of child • Support - automatic remittance of salary or income by employer • Prohibition of the respondent from any use or possession of a firearm or deadly weapon; surrender the same to court; revocation of license; disqualification to apply for any license

Directing DSWD or appropriate agency to provide shelter and social services. • Provision of other forms of relief as the court deems necessary • Restitution for actual damages caused by the violence

HOW TO APPLY FOR A PROTECTION ORDER • Must be in writing, signed and verified under oath by the applicant • Shall contain: • Names and addresses of petitioner and respondent • Description of relationship between petitioner and respondent • Statement of the circumstances of the abuse

Description of the reliefs requested by petitioner • Request for counsel and reasons for such • Request for waiver of application fees until hearing • An attestation that there is no pending application for a protection order in another court • If applicant not the victim-survivor--- application with affidavit attesting to the circumstances of abuse suffered and circumstances of consent given by victim-survivor

Will also include information if disclosure of address of victim-survivor will pose damage to her life but applicant will attest that victim-survivor resides in the municipality or city over which court has territorial jurisdiction *see format prepared by the Supreme Court

Who May File for Protection Orders • Offended Party • Parents or guardians • Ascendants, descendants, collateral relatives within 4th degree of consanguinity or affinity • Social workers of DSWD or LGUs • Police Officers • Punong Barangay or kagawad • Lawyer, counselor, therapist, healthcare provider • At least 2 citizens of the city or municipality who have personal knowledge of the offense. WHERE? -RTC, MTC MCTC with territorial jurisdiction over the place of residence of the petitioner, except if there is family court

Barangay Protection Order • Issued by Punong Barangay (PB) ex parte • Effective for 15 days only • Ordering perpetrator to desist from committing physical harm or threatening the woman or her child • Prohibiting perpetrator from harassing, annoying, telephoning, contacting or otherwise communicating with the victim survivor, directly or indirectly (IRR)

Kagawad can issue if Punong Barangay (PB) is not available but must include attestation that the Punong Barangay is unavailable at the time of the issuance of the BPO • Punong Barangay or kagawad, law enforcers and other government agencies shall not mediate or conciliate or influence the victim-survivor/petitioner on a protection order to compromise or abandon the relief sought (IRR)

Personal service of the BPO by the Punong Barangay or Barangay Kagawad or any brgy. Official (IRR) • BPO deemed served by receipt by respondent or any adult who received at the address of respondent (IRR) • Refusal to receive BPO: leave copy of the BPO at the said address in presence of two (2) witnesses (IRR)

Server of the BPO will issue certification re manner, place, date of service including reasons why the BPO remain unserved (IRR) • BPO issued free of charge (IRR) • PB or Brgy. Kagawad shall assist in the filing of the TPO or PPO with the nearest court in the place of residence of petitioner (IRR) • Barangay shall ensure transportation and other expenses for indigent petitioner (IRR)

BP or Kagawad or Barangay Secretary shall record all BPOs in a logbook specifically for VAWCs which shall be kept confidential form the public especially the media (IRR) • Shall submit quarterly report of all BPOs issued to the local office of the DILG which shall submit summary report of the BPOs issued to the Secretariat of the IAC VAWC (IRR)

Enforceable within the barangay (IRR) • Shall furnish a copy of all the BPOs to the PNP Women’s and Children’s Desk which shall enter the same in a logbook (IRR) • Violation of the BPO--- filed with the MTC, MeTC, MCTC which has territorial jurisdiction of the barangay which issued the BPO

Primary responsibility of barangay officials (PB or Kagawad) to initiate complaints for violation of BPOs (IRR) • Refusal of PB or Kagawad to file complaint for violation of a BPO, victim shall file complaint and admin., civil, criminal action vs. barangay official concerned • Protection order shall include the following statement printed in bold-faced type or capital letters: “VIOLATION OF THIS ORDER IS PUNISHABLE” • Priority over all other cases • Failure to act---administrative liability

Temporary Protection Order • Issued by the court on the day of filing • Ex parte • Priority over all other cases • Effective for 30 days; extendible • Enforceable anywhere in the Philippines • Violation: fine of P5,000 to P50,000 and/or imprisonment of six (6) months

Permanent Protection Order • Issued after notice and hearing • Priority over all other proceedings (such as election cases, habeas corpus etc.) • Effective until revoked by the court upon application of the person whose favor the order was issued • Enforceable anywhere in the Philippines • Violation: P5,000 to P50,000 and/or imprisonment of six (6) months • Violation shall constitute contempt of court

Public Crime • Any citizen having personal knowledge of the circumstances of the offense may file a case

Battered Woman Syndrome (BWS) • BWS-scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. • Victim with BWS do not incur criminal liability or civil liability; • A victim with BWS is not disqualified from having custody of her children • Perpetrator of woman with BWS shall not have custody • Court shall be assisted by expert psychiatrists/psychologists in the determination of the state of mind of victim-survivor

People vs. Marivic Genosa (G.R. No. 135981, September 29, 2000) -self defense arising from the BWS main points: “ First, each of the phases of the cycle of violence must be proven to have characterized at least two battering episodes between the appellant and her intimate partner

Second, the final acute battering episode preceding the killing of the batterer must have produced in the battered person’s mind an actual fear of an imminent harm from her batterer and an honest belief that she needed to use force in order to save her life. Third, at the time of the killing, the batterer must have posed probable-not necessarily immediate and actual—grave harm to the accused, based on the history if violence perpetrated by the former against the latter. Taken together, these circumstances could satisfy the requisites of self-defense”.

Cycle of Violence3 Phases: • “Tension-Building Stage”- battering male engages in minor battering incidents and verbal abuse while the woman, beset by fear and tension, attempts to be placating and passive as possible in order to stave off more serious violence;

“Acute Battering Period”- severity of the abuse and attacks escalate, usually triggered by an external or internal event in the life of the battering male but provocation for more severe violence is sometimes provided by the woman who can no longer tolerate or control her phase-one anger and anxiety;

“Contrition and loving or the hearts and flowers phase”- man will often mix his pleas for forgiveness and protestation of devotion with promises to seek professional help, to stop drinking and to refrain from further violence. This period of relative calm may last for a few months, but in a battering relationship, the affection and contrition will eventually fade and phase one of the cycle will start anew”. ________ *L.E. Walker, the Battered Woman Syndrome; State vs. Kelly (478 A 2d 364, 371 NJ 1984) -paper presented in Philja Seminar by Professor Myrra S. Feliciano of the University of the Philippines

Duties of Prosecutors/Court Personnel • Communicate with the victim in a language understood by the woman or her child; and • Inform the victim of her/his rights including legal remedies available and procedure, and privileges for indigent litigants.

Duties of Barangay Officials and Law Enforcers • Enter the dwelling whether or not a P.O. has been issued • Confiscate deadly weapon in possession or in plain view • Transport or escort the victim to safe place or clinic, hospital • Assist victim in removing personal belongings from the house

DUTIES: • Ensure enforcement of BPO, TPO, PPO • Arrest without a warrant - When the acts of violence is occurring, or - When s/he has personal knowledge that abuse has just been committed, and there is imminent danger to life and limb of victim • Immediately report the call for assistance *Failure to report: -Fine < P10,000.00 or -Civil, criminal or administrative liability

To Eliminate VAWC, barangay officials shall: • Undertake an education program on R.A. 9262 i.e., why VAWC exists, rights and remedies of victim survivors, duties of residents and all barangay officials • Have family violence prevention program including peer counseling for men • Support organizing efforts and development programs for women in the community

Prioritize livelihood projects for victim-survivors • Involve women on planning and implementation of all programs and projects in the barangay • Anti-VAWC desk officer who shall coordinate a 24-hour one-stop help desk • All barangay officials, health workers, workers, tanods, nutrition scholars undergo gender sensitivity seminars

Develop system of documentation and report of VAWC cases and assistance program • Prescribe additional guidelines and standards consistent with R.A. 9262

HANDLING OF VAWC CASES BY BARANGAY OFFICIALS • Upon receiving information, verify and seek police assistance • Enter the dwelling whether or not PO was issued and ensure safety of victim survivors • Interview, investigate and document testimony; inform victim-survivors of their rights and remedies; records shall be confidential; right to privacy respected

Arrest perpetrator observing rules on warrantless arrests and confiscate any deadly weapon in the possession of the perpetrator or within plain view • Escort victim-survivor to the nearest hospital or available medical facility for treatment and medico-legal examination; assist in securing medico-legal report

If not arrested, advise perpetrator to leave the house to prevent violence and to go to the barangay center, DSWD, LGU or NGO, church or other groups that provide counseling • In case victim-survivors are to be placed in shelters, assist in taking their belongings and in their transfer • Report incident and refer to the Local Social Welfare and Development Office of the LGU and the PNP Women’s and Children’s Protection Desk within 4 hours from the time of reporting

If victim-survivor a minor applying for BPO, assist and refer to NGOs, social workers for counseling, temporary shelter and other support services • Monitor respondent’s compliance to BPO • Ensure the safety and continued support during the 15-day period • Assist in filing complaint • Ensure that all pertinent documents forwarded to the law enforcer

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