LAWS ON WOMEN

Mifana, Divine Grace Pua, Rochel April

Republic Act No. 9262 Anti-Violence Against Women and their Children Act of 2004

 Republic Act No. 9262

Anti-Violence Against Women and their Children Act of 2004

Republic Act No. 7877

Sexual Harassment Law

Republic Act No. 9208

Anti-Trafficking In Persons Act of 2003

Republic Act No. 9262 Anti-Violence Against Women and their Children Act of 2004

Violence against women and the their children

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 result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse

Terms and Definitions

Battery

Stalking
Dating Relationship

Sexual Relations
Children

Specific Acts of Violence Penalized under the Law

1. Sexual violence

Rape

sexual harassment
acts of lasciviousness treating a woman or 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 forcing the wife and mistress/lover to live in the conjugal home or

sleep together in the same room with the abuser;

Specific Acts of Violence Penalized under the Law

Sexual violence 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.

Specific Acts of Violence Penalized under the Law

2. 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.

Specific Acts of Violence Penalized under the Law

3. Economic abuse
That make or attempt to make a woman financially dependent Withdrawal of financial support or preventing 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; Deprivation or threat of deprivation of financial sources and the right to the use and enjoyment of the conjugal, community or property owned in common; Destroying household property; Controlling the victims own money or properties or solely controlling the conjugal money or properties.

Specific Acts of Violence Penalized under the Law

4. Physical Violence Battering, assault, coercion, harassment or arbitrary, deprivation of liberty. Acts committed:

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;

Specific Acts of Violence Penalized under the Law

Attempting to compel or compelling the woman or her child to engage in conduct which they have the right to desist from or to desist from conduct which they have the right to engage in, or attempting to restrict or restricting their freedom of movement or conduct by force, threat of force, physical or other harm, threat thereof, intimidation directed against the woman or child.

Specific Acts of Violence Penalized under the Law

Inflicting of threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions; Causing or attempting to cause woman or her child to engage in any sexual activity not constituting rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family;

Specific Acts of Violence Penalized under the Law

Engaging in purposeful, knowing or reckless conduct, personally or through another that alarms or causes substantial emotional or psychological distress. Causing mental or emotional anguish, public ridicule, and humiliation to the woman or her child

Protective Policies under the Law

A petition for protection order may be filed by any of the following:

the offended party;

parents or guardians of the offended party;

ascendants, descendants, collateral relatives within the 4th civil degree of consanguinity or affinity;
officers or social workers of the DSWD or of Local Government units;

Police officers, preferably those in charge of women and childrens desks;

Punong Barangay or Barangay Kagawad;

Lawyer, counselor, therapist or healthcare provider of petitioner; At least two concerned responsible citizens of city/municipality where the offense is committed and who has personal knowledge of the offense committed.

Battered Woman
is one who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to coerce her to do something he wants her to do without concern for her rights.

Battered women
exhibit common personality traits:

low self-esteem traditional beliefs about the home, the family and the female sex role;

emotional dependence upon the dominant male;

the tendency to accept responsibility for the batterers actions; and

false hopes that the relationship will improve.

Characteristics of the Battered Woman Syndrome

Cycle of Violence
(1) the tension-building phase; (2) the acute battering incident; and (3) the tranquil, loving or at least, nonviolent phase.

Effect of the Cycle of Violence upon the Woman Victim Expert opinion is essential to clarify and refute
myths and misconceptions about battered women.

Acute battering incidents can have the effect of stimulating the development of coping responses to the trauma at the expense of the victims ability to muster an active response to try to escape further trauma.
She ceases to believe that anything she can do will have a predictable positive effect. Just as the battered woman believes that she is somehow responsible for violent behavior of her partner, she also believes that he is capable of killing her and

Nature of the Defense of Battered Woman Syndrome Form of self-defense, which is a justifying circumstance.
The defense must prove that all three phases of cycle of violence have occurred at least twice.

People vs. Genosa, G.R. No. 135981, January 15, 2004

In this case, the defense fell short of proving the cycle supposedly characterizing the relationship of Ben and Marivic Genosa. There were acute battering incidents as Genosa explained in detail typical characteristics of this stage. However, that single incident does not prove the existence of the syndrome. She failed to prove that in at least another battering episode in the past, she had gone through a similar pattern.

Republic Act No. 7877 Sexual Harassment Law

Work, Education or Training -Related, Sexual Harassment
-

employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor
any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment demands, requests or otherwise requires any sexual favor from the other

Work-Related or Employment Environment Sexual Harassment Sexual Favor:

-

condition in the hiring or in the employment, re-employment or continued employment of said individual granting said individual favorable compensation, terms of conditions, promotions, or privileges refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive ordiminish employment opportunities or otherwise adversely affect said employee The above acts would impair the employee's rights or privileges under existing labor laws; or The above acts would result in an intimidating, hostile, or offensive environment for the employee.

Committed:

Education or Training Environment Sexual Harassment

(1) Against one who is under the care, custody or supervision of the offender; (2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender; (3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or consideration; or (4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.

Penalties
imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not less than Ten thousand pesos (P10,000) nor more than Twenty thousand pesos (P20,000), or both such fine and imprisonment at the discretion of the court.

Administrative case of Atty. Susan Aquino vs. Hon. Ernesto Acosta, A.M. No. CTA-01-1. April 2, 2002 - A mere casual buss on the cheek is not a sexual conduct or favor and does not fall within the purview of sexual harassment under this Act.

Republic Act No. 9208 Anti-Trafficking In Persons Act of 2003

In 2008, The United States has approved a new grant amounting to $300,000 to combat human trafficking in the Philippines. Visayan Forum Foundation (VFF). has received multiple grants from different US agencies for the past years Ports: Batangas, Davao, Manila and Sorsogon. VFF recently opened a halfway house in Zamboanga City.

The Anti-Trafficking in Persons Act of 2003

Also known as Republic Act 9208 institutes government policies to eliminate trafficking in persons, especially women and children. It establishes the necessary mechanisms to protect and support trafficked persons, and provides penalties for violators.

Trafficking in persons
Consists of the following elements: 1. It involves the recruitment, transportation, transfer, harboring or receipt of a person or persons;

2. It is committed with or without the victims consent or knowledge;

3. It is done within or across national boundaries; 4. It is committed by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or position, giving or receiving of payments or benefits to achieve the consent of a person having actual control over another person; and

5. It is done for the purpose of exploitation such as sexual exploitation, forced labor or services, slavery, and removal or sale of organs or other similar acts.

Difference between
Trafficking Illegal Recruitment

May or may not involve coercion, Does not usually involve coercion fraud, deception, abuse of but uses more deception, promises vulnerability, etc. and fraud It is characterized by subsequent It is characterized by facilitating exploitation after the illegal entry of entry of one person from one one person from one place to country to another through an another or one country to another unauthorized or unlicensed agency There is a need to prove the Mere recruitment without license is presence of exploitation or that the punishable, no need to prove the recruitment was facilitated for the consequential exploitation purpose of exploitation It is considered a human rights It is a migration or labor concern issue With higher penalty: With lower penalty: Life imprisonment for qualified Life imprisonment only when large trafficking scale or syndicated 20 years maximum for regular 12 years maximum for regular trafficking illegal recruitment

Difference between
Trafficking in Persons Human Smuggling Usually involves coercion Usually does not involve coercion Characterized by Characterized by subsequent exploitation facilitating, for a fee, the after the illegal entry of a illegal entry of a person person into a foreign into a foreign country country Considered a human Considered a migration rights issue concern

Three Categories of Trafficking in Persons

1. Acts of trafficking in persons 2. Acts that promote trafficking in persons 3. Qualified trafficking in persons

Acts of Trafficking in Persons

Undertaking or organizing tours and travel plans consisting of tourism packages or activities for the purpose of prostitution, pornography or sexual exploitation;

Maintaining or hiring a person to engage in prostitution or pornography;

Adopting or facilitating the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

Recruiting, hiring, adopting, transporting or abducting a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person; and
Recruiting, transporting or adopting a child to engage in armed activities in the Philippines or abroad.

Acts of Trafficking in Persons

Recruiting, transporting, transferring, harboring, providing or receiving a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; Introducing or matching for money or other consideration, any person or, as provided for under Republic Act No. 6955, any Filipina, to a foreigner, for marriage for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

Offering or contracting marriage, real or simulated, for the purpose of prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage;

Acts that Promote Trafficking in Persons

Knowingly leasing or subleasing property for trafficking purposes; Producing, printing, issuing or distributing un-issued, tampered or fake counseling certificates, registration stickers and certificates of any government agency used for regulatory and pre-departure requirements for the purpose of promoting trafficking in persons; Advertising, publishing, printing, broadcasting or distributing by any means, including the use of information technology and the internet, of any propaganda material that promotes trafficking in persons; Assisting in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents from government agencies for the purpose of promoting trafficking in persons;

Acts that Promote Trafficking in Persons

Facilitating, assisting or helping in the exit and entry of persons from/to the country at international and local airports, territorial boundaries and seaports, who are in possession of un-issued, tampered or fraudulent travel documents for the purpose of promoting trafficking in persons; Confiscating, concealing, or destroying the passport, travel documents, or personal documents or belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking redress from the government or appropriate agencies; and Knowingly benefiting from, financial or otherwise, or making use of the labor or services of a person held to a condition of involuntary servitude, forced labor or slavery.

Qualified Trafficking in Persons

The trafficked person is below 18 years old; The crime is committed by a syndicate, or in large scale; The offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person or when the offense is committed by a public officer or employee; The trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies; The offender is a member of the military or law enforcement agencies; and

Qualified Trafficking in Persons

The adoption is effected through Republic Act No. 8043 or the Inter-Country Adoption Act of 1995 and said adoption is for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; By reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or Acquired Immune Deficiency Syndrome (AIDS).

When is trafficking considered a large scale or committed by a syndicate? SYNDICATE LARGE SCALE

if carried out by a if committed group of three (3) against three (3) or or more persons more persons, conspiring or individually or as a confederating with group. one another

Who can file cases for Trafficking in Persons?

The trafficked person; The parents, spouse, siblings, children or legal guardian of the trafficked person; and Anyone who has personal knowledge of the commission of any offense under R.A. 9208.

Where can Trafficking in Persons cases be filed?

Where the offense was committed;

where any of the elements of the offense occured; or where the trafficked person resides at the time of the commission of the crime.

Prescriptive Period
prescriptive period is counted from the day the trafficked person is delivered or released from the conditions of bondage. Trafficking cases can be filed within 10 years after they are committed. If trafficking is committed by a syndicate or on a large scale
cases can be filed within 20 years after the

commission of the act.

Penalties
Act Acts of Trafficking Acts that Promote Trafficking Qualified Trafficking Breach of Confidentiality Clause Use of Trafficked Person Penalty 20 years imprisonment and a fine of P1 Million to P2 Million 15 years imprisonment and a fine of P500,000 to P1 Million Life imprisonment and a fine of P2 Million to P5 Million Six (6) years imprisonment and a fine of P500,000 to P1 Million 1st offense: Six (6) months community serivice and a fine of P50,000 2nd and subsequent offenses: One (1) year imprisonment and a fine of P100,000

Who may be punished for trafficking in persons?

Any person, natural or juridical, found guilty of trafficking under R.A. 9208 may be punished.

If the offender is a corporation, partnership, association, club, establishment or any juridical person
the penalty shall be imposed upon the owner, president, partner, manager, and/or any responsible officer who participated in the commission of the crime, or who knowingly permitted or failed to prevent its commission.

If the offender is a foreigner

he or she shall be immediately deported after serving his/her sentence and barred from entering the country.

What happens to Filipino victims of trafficking living in other countries?

Trafficking victims living in other countries, whether documented or not, may be repatriated. The Department of Foreign Affairs shall be responsible for repatriating trafficked victims. If, however, the repatriation of trafficked persons shall expose them to greater risks, the DFA shall make representations with the host government for the extension of appropriate residency permits and protection of the victim.

The Inter-Agency Council Against Trafficking

Department of Justice (DOJ), Chair Department of Social Welfare and Development (DSWD), Co-Chair Department of Foreign Affairs (DFA)

Department of Labor and Employment (DOLE)

Philippine Overseas Employment Administration (POEA) Bureau of Immigration (BI)

Philippine National Police (PNP)

National Commission on the Role of Filipino Women (NCRFW) Three (3) representatives from NGOs, who shall be composed of one (1) representative each from among the sectors representing women, overseas Filipino workers (OFWs) and children. These representatives are nominated by the government agency representatives of the Council, for appointment by the President for a term of three (3) years.