REPUBLIC ACT NO.

9262
Anti-Violence Against Women and Their Children Act of 2004
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES

 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, fro violence and threats to their personal safety and security.

 Effective March 27, 2004

Salient Features:
A special law protecting women and their children from all forms of abuse Civil action Temporary & Permanent Protection Order With remedy of Barangay Protection Order Victims suffering from Battered Women Syndrome do not incur criminal and civil liability

What constitutes violence against women and children?

Violence against women and children covers any act or series of acts by any person against his wife, former wife, or with whom the person has/had sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which results 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.

Elements
Relationship, past or present Married or not; living in or not Sexual or dating relationship o Including lesbian relationships With common child Falling under Sec. 5 (punishable acts)

RA 9262 seeks to address the prevalence of violence against women and children (VAWC), abuses on women and their children by their intimate partners like: Husband or ex-husband Live-in partner or ex-live in partner Boyfriend/girlfriend or ex-boyfriend/exgirlfriend Dating partner or ex-dating partner

Some Terms: Battery inflicting physical harm upon the woman or her child resulting to physical and psychological or emotional distress. Stalking is the intentional act by one who knowingly and without lawful justification follows a woman or her child or places them under surveillance directly or indirectly or a combination thereof. Dating Relationship is a situation wherein unmarried parties live as husband and wife or are romantically involved over time and on a continuing basis during the course of the relationship. *A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a dating relationship. Sexual relations refers to a single sexual act which may or may not result in the bearing of a common child. Children those below 18 or older but are incapable of taking care of themselves as defined under R.A. 7610. *includes biological children of the victim and other children under her care.

 What are specific acts of violence penalized under R.A. 9262?

Sexual violence: [sec. 3 (a) (B)]

Rape
Sexual harassment Acts of lasciviousness Treating the woman of her child as sex object Making demeaning and sexually suggestive remarks Physically attacking the sexual parts of the victims body Forcing her/him to watch obscene publications and indecent shows or forcing the

woman or her child to do indecent acts and/or make films thereof

Forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser Acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other harm or coercion; Prostituting the woman or her child

 Psychological violence acts or omissions causing or likely to cause mental or emotional suffering of the victim such as intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and marital infidelity.

e.g.:
causing or allowing to witness the physical or sexual or psychological abuse of a member of the family to which the victim belongs to witness pornography in any form or to witness abusive injury to pets unlawful or unwanted deprivation of the right to custody and/or visitation of common children

Physical violence - refers to acts that include bodily or physical harm; (Battering, assault, coercion, harassment or arbitrary deprivation of liberty.)
Includes actual causing of harm, threatening to cause physical harm, and attempting to cause the same, Drama King - inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions [Sec.5(f)]

Economic abuse - refers to acts that make or attempt to make a woman financially dependent. This includes but is not limited to the following: a) withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;

b) deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common; c) destroying household property;
d) controlling the victims own money or properties or solely controlling the conjugal money or properties.

IS VAWC COMMITTED BY MEN ALONE?

Women can also be liable under the law. These are the lesbian partners / girlfriends or former partners of the victim with whom she has or had a sexual or dating relationship.

 The Act classifies violence against women and children (VAWC) as a public crime. (Sec. 25)
May be prosecuted upon the filing of a complaint by any citizen having personal knowledge of the circumstances involving the commission of the crime.

 WHAT ARE THE PENALTIES FOR COMMITTING VAWC?

If the courts have proven that the offender is guilty of the crime, may be imprisoned and will be obliged to pay P100, 000 to P300, 000 in damages. The length of imprisonment depends on the gravity of the crime. The offender is also obliged to undergo psychological counseling or psychiatric treatment. Being drunk or under the influence of prohibited drugs cannot be taken as an excuse for committing VAW. -for acts committed while the woman or child is pregnant or committed in the presence of her child maximum period shall be applied

 Right to be treated with respect & dignity; Ppl. v. Cabalquinto, G.R. No. 167693 19 Sept. 2006 Confidentiality of records provided under sec. 44 of R.A. 9262 - even after the promulgation of the decision in order to protect the right to privacy of the child and her family and to preclude instances where undue disclosure of information may impair the treatment and rehabilitation of the child-victim;
- To withhold the real name of the victim-survivor and shall use fictitious initials instead to represent her. Likewise, the personal circumstances of the victims-survivors or any other information tending to establish or compromise their identities, as well those of their immediate family or household members, shall not be disclosed.

Rights of victims

 Legal assistance; support services from DSWD, local governments Additional 10 day paid leave from work aside from present paid leave benefits under the Labor Code and Civil Service Rules and Regulations (Sec. 43)

Some Jurisprudence:
SHARICA MARI L. GO-TAN v. SPOUSES PERFECTO C. TAN AND JUANITA L. TAN [G.R. No. 168852, September 30, 2008] ISSUE: WHETHER OR NOT RESPONDENTS-SPOUSES PERFECTO & JUANITA, PARENTSIN-LAW OF SHARICA, MAY BE INCLUDED IN THE PETITION FOR THE ISSUANCE OF A PROTECTIVE ORDER, IN ACCORDANCE WITH REPUBLIC ACT NO. 9262, OTHERWISE KNOWN AS THE "ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004

Section 47 of R.A. No. 9262 expressly provides for the suppletory application of the RPC, thus:
SEC. 47. Suppletory Application. - For purposes of this Act, the Revised Penal Code and other applicable laws, shall have suppletory application. (Emphasis supplied)

xxx the principle of conspiracy under Article 8 of the RPC may be applied suppletorily to R.A. No. 9262 because of the express provision of Section 47 that the RPC shall be supplementary to said law. Thus, general provisions of the RPC, which by their nature, are necessarily applicable, may be applied suppletorily.

Section 5 of R.A. No. 9262 expressly recognizes that the acts of violence against women and their children may be committed by an offender through another, thus: SEC. 5. 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: xxx

(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; and (5) Engaging in any form of harassment or violence; x x x. (Emphasis supplied)

Section 4 of R.A. No. 9262 calls for a liberal construction of the law, thus: SEC. 4. Construction. - This Act shall be liberally construed to promote the protection and safety of victims of violence against women and their children. (Emphasis supplied)
expressio unios est exclusio alterius" finds no application
object of the law according to its true intent, meaning and spirit : the protection and safety of victims of violence against women and children

RUSTAN ANG y PASCUA, v. THE HONORABLE COURT OF APPEALS and IRISH SAGUD G.R. No. 182835

Issue:
WON accused Rustan sent Irish by cellphone message the picture with her face pasted on the body of a nude woman, inflicting anguish, psychological distress, and humiliation on her in violation of Section 5(h) of R.A. 9262.

 elements of the crime of violence against women through harassment are: 1.The offender has or had a sexual or dating relationship with the offended woman; 2. The offender, by himself or through another, commits an act or series of acts of harassment against the woman; and 3.The harassment alarms or causes substantial emotional or psychological distress to her.

Ratio: On dating relationship: An away-bati or a fight-and-kiss thing between two lovers is a common occurrence. Their taking place does not mean that the romantic relation between the two should be deemed broken up during periods of misunderstanding.

On Psychological Abuse: Petitioner alleged that todays women are so used to obscene communications that her getting one could not possibly have produced alarm in her or caused her substantial emotional or psychological distress. He claims having previously exchanged obscene pictures with Irish such that she was already desensitized by them. The Court cannot measure the trauma that Irish experienced based on Rustans low regard for the alleged moral sensibilities of todays youth. What is obscene and injurious to an offended woman can of course only be determined based on the circumstances of each case. Here, the naked woman on the picture, her legs spread open and bearing Irishs head and face, was clearly an obscene picture and, to Irish a revolting and offensive one. Surely, any woman like Irish, who is not in the pornography trade, would be scandalized and pained if she sees herself in such a picture. What makes it further terrifying is that, as Irish testified, Rustan sent the picture with a threat to post it in the internet for all to see. That must have given her a nightmare.