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There is no sufficient gunpowder in the world that can

justify attacks against the liberty of the individual,


against the sanctity of the home, against the laws,
against peace and honor.

- Jose Rizal-
Anti-Violence Against Women and
Their Children Act
RA 9262
What you need to know about RA
9262 (Anti-VAWC)
Definition of VAWC
Victims
Offenders
Protection Orders
Battered Woman Syndrome
Prescription of VAWC offenses
Roles of the Police and Barangay
IAC-VAWC

Domestic Violence: Mga Nakagisnang Paniniwala
Karahasan sa Pamilya: Away pribado
(It is everybodys business. It is a crime --- a violation of human
rights.)

Ang karahasan sa pamamahay ay kakaiba at gawain
lamang ng mga may sakit.
(Not all batterers are sick. Violence is done even by highly-
placed, kind, gentle and intelligent people.)

Ang karahasan sa pamamahay ay nangyayari lamang
sa mga mahihirap na pamilya.
(It is not a disease of the poor. Family violence occurs across
all classes and communities.)


Domestic Violence: Mga nakagisnang
Paniniwala
Nananakit ang mga kalalalakihan sa kanilang mga
asawa o kasa-kasamang babae dahil sa impluwensiya
ng droga o alak
(Drugs and alcohol merely facilitate and intensify violence. They are not
the real cause of violence.)
Ang karahasan sa loob ng pamamahay ay
panandaliang pagkakawala lamang ng pagtitimpi.
(It is in fact the conscious use of force or power in order to dominate and
control the wife.)
Karapatan ng mga kalalakihan ipagawa sa kanilang
asawa anuman ang kanilang naising gawin nito.
(Violence is never an acceptable part of a relationship. No person has the
right to be abusive or violent to a person, whatever the relationship.)

The
Human
Faces of
VAW
Cycle of Violence Against Women

STANDOVER
PHASE
VIOLENT
OUTBURST
PURSUIT
PHASE
BUILD-UP
PHASE
HONEYMOON
PHASE
REMORSE
PHASE

What is violence against women and their
children?

A. Violence against women and their children
(VAWC) is any act or a series of acts committed
against the victim 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.


Q. Who is the woman victim protected under this law?

wife; or
former wife; or
a woman with whom the offender has or had a sexual or
dating relationship; or
a woman with whom the offender has a common child; or
the womans child, whether legitimate or illegitimate;

Who are the children victims protected under the law?

Children means the abused womans children, boy or girl
alike, below 18 years old, legitimate or illegitimate; or other
children who live with the woman or are under her care.


Who is the offender?

The following can be held liable for violation of RA 9262:
husband;
former husband;
boyfriend;
ex-boyfriend;
live-in partner or ex-partner;
one with whom the woman has a common child;
one with whom the woman has/had sexual or dating
relationship


What does public crime mean?

Any citizen who has personal knowledge of the
crime can file a criminal complaint.

Where is VAWC committed?

Violence against women and their children is
committed within the dwelling/abode or any other
place outside thereof?


What are the forms of VAWC?
Violence against women and their children can be
described in the following forms:

Physical violence which refers to acts that include
bodily or physical harm;
Sexual violence which refers to an act which is sexual
in nature, committed against a woman or her child.
Psychological violence refers to acts or omissions
causing or likely to cause mental or emotional
suffering of the victim
Economic abuse refers to acts that make or attempt
to make a woman financially dependent;


How is sexual violence committed?

Sexual violence is committed in the following manner:

rape;
sexual harassment;
acts of lasciviousness;
treating a woman or her child as a sex object;
making demeaning and sexually suggestive remarks;
physically attacking the sexual parts of the victims body;
forcing the woman or her child to watch obscene publications and
indecent shows;
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;
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

How is psychological violence committed?

Psychological violence is committed in the following
manner:

intimidation;
harassment;
stalking;
damage to property;
public ridicule or humiliation;
repeated verbal abuse;
marital infidelity;
causing or allowing the victim to witness the physical, sexual or
psychological abuse of a member of the family to which the
victim belongs;
causing or allowing the victim to witness pornography in any
form;
causing or allowing the victim to witness abusive injury to pets;
unlawful or unwanted deprivation of the right to custody and/or
visitation of common children.


How is economic abuse committed?

Economic abuse can be committed in the following manner:

withdrawal of financial support or preventing the victim from
engaging in any legitimate profession, occupation, business o
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 resources and
the rights 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.



Q. How is Battered Woman Syndrome defined under
the law?

A. Battered Woman Syndrome refers to a scientifically
defined pattern of psychological and behavioral symptoms
found in women living in battering relationships as a result of
cumulative abuse.
Protection Orders
Its very aim is to STOP AND PREVENT FURTHER
VIOLENCE by separating the couple.
It is simply a civil remedy.
May not necessarily compel the petitioner to file
criminal charges under RA 9262.
May bring about renewed harmony between
spouses.
May bring about prolonged, legal separation
between parties.


Q. What are the protection orders that may be
issued under RA 9262?

A. The following protection orders may be issued
accordingly:

Barangay Protection Order (BPO), issued by the
Punong Barangay, or in his or her absence, any available
Barangay Kagawad. It is effective within fifteen (15) days.
Temporary Protection Order (TPO), issued by the
court and is effective within thirty (30) days;
Permanent Protection Order (PPO), issued by the
court after notice and hearing.


Who may file petition for Protection Orders?
victim or offended party;
parents or guardians of the offended party;
ascendants, descendants or collateral relatives within the
fourth civil degree of consanguinity or affinity;
officers or social workers of the DSWD or social workers of
local government units (LGUs);
police officers, preferably those in charge of women and
childrens desks;
Punong Barangay or Barangay Kagawad
lawyer, counselor, therapist or healthcare provider of the
petitioner;
at least two (2) concerned responsible citizens of the city or
municipality where the violence against women and their
children occurred and who has personal knowledge of the
offense committed;



Can the Barangay officials mediate or conciliate?

No. Conciliation and mediation of acts of violence
against women and their children are not allowed
under this law. A Punong Barangay, Barangay Kagawad
or the court hearing an application for a protection
order shall not order, direct, force or in any way unduly
influence the applicant for a protection order to
compromise or abandon any of the reliefs sought in
the application for a protection order. Failure to
comply shall render the official or judge
administratively liable. (Sec 33, RA 9262)


What are the duties of law enforcers, including
barangay officials, in responding to cases of VAWC?
When called upon to respond to VAWC cases, the duties of
law enforcers are the following:
enter the house of the victim if necessary, whether or not a
protection order has been issued;
confiscate any deadly weapon;
arrest the offender even without a warrant when the act is being
committed, or they have personal knowledge that the abuse has just
been committed;
transport victim to a safe place or to a clinic;
assist victim, or offender in pursuance of the protection order, to get
personal things from the house;
ensure the enforcement of Protection Orders issued by the
barangay or by the courts.


What is the Confidentiality rule under the law?

All records pertaining to cases of VAWC including
those in the barangay shall be confidential and all
public officers and employees and public or private
clinics or hospitals shall respect the right to privacy of
the victim. Whoever publishes or causes to be
published, in any format, the name, address,
telephone number, school, business address, employer,
or other identifying information of a victim or an
immediate family member, without the latters
consent, shall be liable to the contempt power of the
court.


SEXUAL
HARASSMENT IS
NOT ONLY ABOUT
SEX. IT IS ALSO, AND
OFTENTIMES,
ABOUT POWER.
ILO:Violence in the World of
Work
At times it is regarded as harmless flirting

It demeans and damages the victim; violates
her right to job security and equal opportunity;
and when ignored, exacts a high cost to the
company.
Forms of Sexual Harassment
Green jokes
Hoots, whistles and leers
Posting of explicitly sexual materials
Constant requests/demands for dates
Hipo
Sexual assault
Rape
Others which create a hostile environment, cause
annoyance, uneasiness and embarrassment
Art. 287, RPC - Unjust vexation/slight coercion
Art. 336, RPC - acts of lasciviousness
Art. 359 - Slander by Deed
The Anti-Sexual Harassment Act
of 1995
Penalizes the crime of sexual harassment occurring
ONLY in the employment, educational and training
environment in the public and private sectors.
The Anti-Sexual Harassment Act
of 1995

Employers, head of offices or educational
institutions are required to prevent acts of sexual
harassment by providing rules and regulations for
the investigation of cases as well as administrative
sanctions.
The Anti-Sexual Harassment Act
of 1995

A Committee on Decorum and Investigation (CDI)
that will conduct investigation of alleged sexual
harassment cases must be constituted by the
employer.
The Anti-Sexual Harassment Act
of 1995

Failure of an employer or head of office of an
education or training environment to take
immediate action after being informed of acts of
sexual harassment will result in solidary liability for
damages arising from the acts of harassment.
Potential offenders:
Employer
Employee,
Manager,
Supervisor,
Agent of the employer, teacher,
instructor, professor, coach, trainor, or
any other person having authority,
influence or moral ascendancy over
victim
Potential offenders:
Teacher
Instructor
Professor
Coach
Trainor
Or any other person having
authority, influence or moral
ascendancy over victim
SOME STATISTICS
The Harasser
1. Usually a man (95% of the
time)
2. Older than the victim (
68% of the time)
3. A co-worker ( 65% of the
time)
4. An immediate or higher
level superior supervisor ( 37
% of the time )
The victim
1. Usually a woman,
although men (usually gay)
sometimes become victims
of harassment
2. Usually young woman
between the ages of 16 and
19 ( 67% of the time); those
55 years and older had a
22% incidence rate
3. Trainees with no job
security
4. Women in non-
traditional jobs and with
male supervisors
What the law penalizes
When a sexual favour is made a
condition in:
Hiring, employment, re-employment or
continued employment.
Granting victim favourable compensation,
terms, conditions, promotions or privileges

What the law penalizes
When a sexual favour is made a
condition in:
The refusal to grant the sexual favor results in
limiting, segregating, classifying the employee
which in any way would discriminate, deprive or
diminish employment adversely affect said
employee;


What the law penalizes
The acts would impair the employees rights
or privileges under existing labor laws;
The acts would result in an intimidate,
hostile, or defensive environment for the
employee.
MAIN ELEMENTS
The conduct committed must be of a sexual nature.
The harassment was committed in reference to the
sex, i.e. female or male of the person receiving the
harassment. For example, harassment happens to a
woman because she is female.
MAIN ELEMENTS
The conduct committed must be of a sexual nature.
This may also mean that the act committed relates to
the biological difference of men and women and uses
this reality to debase the person of the victim.
MAIN ELEMENTS
The sexual conduct or attention is unwanted. This
means that the victim does not welcome the attention
and doesnt intend for the act to continue. It is not
solicited, rather, it is imposed.
FACTORS THAT COULD LEAD MEN TO POSITIVELY ACT ON
DOMESTIC VIOLENCE:
Awareness that violence against
women and children is wrong and
evil.
Awareness about the rights of
women and children.
Awareness on issues regarding
women and children, like gender
equality and child abuse.
Empowerment of men to
contribute and participate in
contributing solutions to violence.
Rep. Act 8369 (1997)
Lists DOMESTIC VIOLENCE as one of the cases under
the exclusive jurisdiction of the Family Courts.
Domestic Violence is defined as acts of gender-based
violence that results, or are likely to result, in physical,
sexual, or psychological harm or suffering to women;
and other forms of physical abuse such as battering or
threats and coercion which violate a womans person-
hood, integrity and freedom of movement.

Revised Penal Code, Art. 247
The crime of passion.

A woman should have no criminal liability if she
kills her spouse should she catch him in the act of
committing sexual intercourse with another
person.
RAPE IS A PUBLIC CRIME!
REMEMBER! Rape is now considered a public
crime. This means that any person who has
knowledge of the crime may file a complaint;
consequently, even if the victim withdraws her
complaint, the government (i.e. the police,
prosecutor, fiscal, etc.) may proceed with the
case.
RA 8353: The Rape Law of 1997
Re-classified rape as crime vs. persons
2 ways of committing rape:
man has carnal knowledge of woman under the
following circumstances:
Thru force, threat, or intimidation
When offended party is deprived of
reason/unconscious
Thru fraudulent machination/grave abuse of
authority
When offended party is under 12 yrs or demented
By any person who, under any of
circumstances mentioned in paragraph 1,
shall commit an act of sexual assault by:
inserting his penis into another persons
mouth or anal orifice or
Inserting any instrument or object
(including a finger) into the genital or
anal orifice of another person

RA 8353: The Rape Law of 1997
WHEN MARRIAGE IS AVAILABLE

There can be no valid marriage between an offender
and any child victim as the Family Code mandates
that marriage may only be entered into when the
parties to the marriage are at least 18 years old and
have the consent of their parents.
PLEASE REMEMBER:
Establishment of rape crisis centers
Womens desks provided with policewomen
Preliminary investigation to be handled by
female prosecutors
Protection of right to privacy
Proceedings to be conducted in language/dialect
known to parties
Rape shield
Rep. Act 8505 (1998)
Meaning of rape shield - prohibits the admission
into evidence of the sexual past and reputation of a
rape victim.
PRIOR TO THE NEW LAW
R.A. 8239, The Philippine Passport Act of 1996
Arts. 272 and 341, Revised Penal Code (re: Slavery and
White Slave Trade)
Philippine Immigration Act of 1940
R.A. 8042, Migrant Workers Act
R.A. 6955, Anti-Mail Order Bride Act
State Policy
To support trafficked persons
Ensure their recovery
Ensure their rehabilitation
Ensure their reintegration into society
Recognition of UNUDHR, CRC, UN Convention on
Protection of Migrant Workers and UN Convention
against Transnational Organized Crime
TRAFFICKING OF PERSONS
Recruitment, transportation, transfer or harboring,
or receipt of persons,
WITH OR WITHOUT THE VICTIMS CONSENT
OR KNOWLEDGE,
Within or across national borders
By any means
For the purpose of exploitation (e.g. prostitution,
forced labor, slavery, servitude, removal or sale of
organs)
THREE CATEGORIES OF
TRAFFICKING
ACTS OF TRAFFICKING IN PERSONS;

ACTS THAT PROMOTE TRAFFICKING IN PERSONS;
and

QUALIFIED TRAFFICKING IN PERSONS.
WHAT IS TRAFFICKING
ACTS

Recruitment

Transport

Transfer

Harbor

Receipt
MEANS

Threat
Force
Coercion
Abduction
Fraud
Deception
Abuse of power
Or position
Taking advantage
Of vulnerability
Giving/receiving
Payment/benefits to
Achieve consent
WHERE

Within or
Across
National
borders
PURPOSE

Exploitation
Including
exploitation or
prostitution of
others
Other forms of
sexual
exploitation
Forced labor
Slavery
Servitude
Sale or removal
of organs

ACTS OF TRAFFICKING
To recruit, transport, transfer, harbor, provide,
or receive
by any means
for prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary
servitude or debt bondage.


ACTS OF TRAFFICKING

To introduce or match for consideration a Filipino to a
foreigner for marriage in order to use her or trade her
for prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt bondage.


ACTS OF TRAFFICKING (2)
Offer marriage or marry, real or simulated, in
order to use or trade spouse
for prostitution,pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt
bondage.


ACTS OF TRAFFICKING (2)
Adopt or facilitate adoption
for prostitution,pornography,
sexual exploitation, forced
labor, slavery, involuntary
servitude or debt bondage.


ACTS OF TRAFFICKING (3)
Organize tours/packages to use or offer a
person for prostitution, pornography or sexual
exploitation

Maintain/hire a person for prostitution or
pornography




ACTS OF TRAFFICKING (4)
Recruit, hire, adopt, transport or abduct by
any means to remove or sell organs.

To recruit, transport or adopt a child for armed
activities here and abroad.




ACTS THAT PROMOTE TRAFFICKING
Knowingly leasing or sub-leasing property for
trafficking purposes
Producing in any manner fake certificates of
government agencies to promote trafficking
To advertise by any means propaganda material to
promote trafficking
ACTS THAT PROMOTE TRAFFICKING (2)
Assist in misrepresentation or fraud to facilitate
clearances and necessary exit documents
Facilitate the exit and entry of persons from/to the
country at international and local airports and
seaports who are in possession of fake travel
documents
ACTS THAT PROMOTE TRAFFICKING (3)
Confiscate, conceal, or destroy passport and other
travel documents of trafficked persons to prevent
them from seeking redress from the appropriate
agencies
Knowingly benefiting from the labor or services of a
person held in a condition of involuntary servitude,
forced labor, or slavery.
QUALIFIED TRAFFICKING
When the trafficked person is a child

When adoption is used

When crime committed by a syndicate
QUALIFIED TRAFFICKING

When offender is a relative or a person who
exercises authority or is a public officer or a
law enforcer/military

QUALIFIED TRAFFICKING

Prostitution with a military or law
enforcement office

When victim becomes insane or afflicted
with HIV/AIDS
CONFIDENTIALITY
SERVICES AVAILABLE TO THE TRAFFICKED
PERSON
Shelter
Counseling
Free legal aid
Overseas Filipino
Resource Centres
Country Team
Approach



Medical or
psychological
services
Livelihood and skills
training
Educational
assistance to a
trafficked child
PENALTIES
For Trafficking: 20 years and a fine of not less than one
million pesos
For Promotion of Trafficking: 15 years and a fine of not
less than 500,000 pesos
For Qualified Trafficking: Life imprisonment and a
fine of not less than 2 million pesos

PENALTIES
For Violation of Confidentiality: 6 years and a fine of
not less that 500,000 pesos
Cancellation of SEC and other registrations
Deportation of a foreigner after service of sentence
PENALTIES
For Use of Trafficked Person: 6 months of community
service and 50,000 pesos. And for subsequent offenses,
1 year in prison and 100,000 pesos
Rep. Act N0. 9995 Anti-Photo and Video
Voyeurism Act of 2009
Unlawful to take photo or video coverage of a person or
group performing sexual act or other similar activity or
to capture an image of the private parts of a person
without consent and under circumstances in which
persons have reasonable expectation of privacy.
When the photo or video is uploaded and distributed by
an ex-boyfriend, I notice that RA 9262 is used.