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ANTI VIOLENCE AGAINST WOMEN

and
THEIR CHILDREN ACT OF 2004

RA 9262
ATTY. JONNIE L. DABUCO
Commission on Human Rights,
Region VI, Iloilo City
State Policies
The State values the dignity of women and
children and guarantees full respect for
human rights.
The State recognizes the need to protect the
family and its members particularly women
and children from violence and threats to
their personal safety and security
VAWC Defined
any ACT or series a woman with whom
the PERSON HAS or
of ACTS HAD a SEXUAL or
DATING relationship
or
committed by with whom he has a
ANY PERSON common child, or
against against her child,
legitimate or
illegitimate, within or
without the family
a WOMAN who is abode
his
Wife
former wife
VAWC Defined
Results in or is Includes
likely to result in threats thereof
Physical Battery
Assault
Sexual
Coercion
Psychological harassment or
harm or arbitrary deprivation
suffering of liberty

Economic abuse
OTHER TERMS DEFINED
BATTERY BATTERED WOMAN
SYNDROME (BWS)
A SCIENTIFICALLY
an act of infliction defined pattern
psychological and
physical harm upon the behavioural symptoms
woman or her child resulted from
CUMULATIVE abuse
found in women living in
resulting to physical battering relationships
and psychological or
emotional distress
OTHER TERMS DEFINED
STALKING SEXUAL RELATION
an intentional act a single act
committed by a may or may not
person result in the bearing
knowingly and of a common child
without lawful
justification
follows the woman or
her child or places
the woman or her
child under
surveillance
directly or indirectly
or a combination
thereof
OTHER TERMS DEFINED
DATING CHILDREN
RELATIONSHIP below 18 years old or
parties live as husband OLDER but are
and wife without the incapable of taking care
benefit of marriage OR of themselves (RA
romantically involved 7610)
over time and on a includes biological or
continuing basis during adopted children of the
the course of the victim and
relationship other children under
casual acquaintance or her care including
ordinary socialization in foster children, relatives
a business or social or other children who
context not included LIVE with her
VIOLENCE CLASSIFIED

Physical violence
acts that include bodily or physical
harm

Medical Certificate or medico legal


report needed
VIOLENCE CLASSIFIED
SEXUAL Physically attacking the
sexual parts of the
refers to an act which victim’s body
is sexual in nature Forcing the victim to
committed against the watch obscene
woman or her child – publications and
includes: indecent shows or
Rape forcing the woman or
her child to do indecent
Sexual harassment acts
Acts of lasciviousness Forcing the wife and
Treating a woman or mistress/lover to live
her child as sexual together in the conjugal
objects home or sleep together
Making demeaning or in the same room with
sexually suggestive the abuser
remarks
VIOLENCE CLASSIFIED

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, threat of
physical or other harm, coercion,
and
prostituting the woman or her child
VIOLENCE CLASSIFIED
PSCHOLOGICAL Includes:
Acts or omission causing causing or allowing the
or likely to cause mental victim to witness the
physical, sexual or
or emotional suffering to psychological abuse of a
the victim such as member if the family to
intimidation which the victim belongs
harassment To witness pornography
in any form
stalking
To witness abusive
damage to property injury to pets or to
public ridicule or unlawful or unwanted
humiliation deprivation of the right to
custody and/or visitation
repeated verbal abuse of common children
marital infidelity
VIOLENCE CLASSIFIED
ECONOMIC ABUSE deprivation or threat of
acts that make or attempt deprivation of financial
to make a woman resources and the right
financially dependent, to the use and
includes enjoyment of the
conjugal, community or
withdrawal of financial property owned in
support common
preventing the victim
from engaging in destroying
legitimate profession, HOUSEHOLD property
occupation, business or
activity except in cases
wherein the other controlling the victim’s
spouse/partner objects own money or
on valid, serious and properties or solely
moral grounds as controlling the conjugal
defined in Art. 73 of the money or properties
Family Code
ACTS OF VIOLENCE
(Sec. 5, RA 9262)

Physical harm:
Causing ( par. a),
threatening to cause (par. b),
attempting to cause (par. c)
placing in fear of imminent (par. d)

Pars. a & b - grounds for BPO


ACTS OF VIOLENCE
(Sec. 5, RA 9262)

Compel or attempt to compel to


engage in conduct which the victim has the
right to desist from or
desist from conduct which the victim has the
right to engage in

Restrict or attempt to restrict


freedom of movement or conduct by force or
threat of force or other harm or threat of
physical or other harm, or intimidation.
ACTS OF VIOLENCE
(Sec. 5, RA 9262)
Acts committed with the
purpose of restricting or depriving of threatening to
controlling movement or deprive the victim of a
conduct of the victim: legal right
threatening or actually preventing the woman to
depriving the woman or engage in legitimate
her child of custody or business or profession or
access to her/his family controlling the victim’s
depriving or threatening to own money, or properties,
deprive the woman or her or solely controlling the
children of financial conjugal or common
support legally due her or money or properties.
her family, or deliberately
providing the woman’s (Par. 5, e, RA 9262)
children insufficient
financial support
ACTS OF VIOLENCE
(Sec. 5, RA 9262)

Inflicting or Causing or
threatening to inflict attempting to cause
physical harm on the woman or her child
oneself for the purpose to engage in any sexual
of controlling the activity which does not
victim’s actions or constitute rape, by
decisions (par. f) force or threat or force,
physical harm, or
through intimidation
directed against the
woman or her child or
her/his immediate
family (par. g)
ACTS OF VIOLENCE
(Sec. 5, RA 9262)
Engaging in
purposeful, knowing, Entering or remaining
or reckless conduct in the dwelling or
personally or through property of the victim
against her/his will
another, that alarms or Destroying the
causes substantial property and personal
emotional or belongings or inflicting
psychological distress physical harm to
animals or pets of the
includes: victim
Stalking or following Engaging in any form
the victim in public or or harassment or
private places violence
Peering in the window (par. h)
or lingering outside the
residence of the victim
ACTS OF VIOLENCE
(Sec. 5, RA 9262)

Causing the woman or her child


mental anguish
public ridicule
humiliation
including:
Repeated verbal and emotional abuse
Denial of financial support or custody of minor
children
Denial of access to the woman’s child/children
(par. i)
RA 9262
Nature Venue
public offence RTC designated as
Prosecuted upon Family Court or
Criminal complaint In the absence of
FC, RTC where the
any citizen crime or any of its
personal elements was
knowledge of committed at the
circumstances option of the
involving the complainant
commission of the
crime
REMEDIES
and
RELIEF/s
PROTECTION ORDER
Ancillary or Purpose of relief/s
independent of granted under PO:
complaint for RA 9262 Safeguard the
Issued by the victim from further
barangay or the court harm
Purpose of the Order Minimize disruption
Prevent further acts in victim’s daily life
of violence against facilitate the
the woman or her opportunity and
child ability to
Grant other independently
necessary reliefs regain control over
life
WHO MAY FILE for PO
Offended party Punong barangay or
Parents or guardians of Brgy. Kagawad
the offended party
Ascendants,
Lawyer, counsellor,
descendants or therapist or healthcare
collateral relatives within provider of the
the 4th civil degree of petitioner
consanguinity or affinity
at least two (2)
Officers or social
workers of the DSWD or concerned responsible
social workers of LGUs citizens of the place
Police officers, where the violence
preferably in charge of occurred and who has
women and children’s personal knowledge of
desk the offence committed
KINDS OF POs

Issued by the barangay


Barangay Protection Order (BPO)

Issued by the courts


Temporary Protection Order (TPO)
Permanent Protection Order (PPO)
GROUNDS and RELIEF/s
Barangay Protection Order (BPO)
GROUNDS for RELIEFS under BPO
1. Prohibit the
issuance: respondent from
1. causing threatening to commit
or committing
physical harm personally or through
to the woman another, any of the
or her child acts mentioned in Sec.
5 (a) and (b) of RA
2. threatening to 9262
cause the 2. Prohibit the
respondent from
woman or her harassing, annoying,
child physical telephoning,
harm contacting or
otherwise
communicating with
the victim-survivor,
directly or indirectly
PROCEDURE for ISSUANCE
(BPO)
1. Application- 2. Issuance –
a. in writing a. Ex-parte, without
b. signed by the notice and hearing
victim-survivor to respondent
c. attested before b. Issued on the
the PB having same day of
jurisdiction over application
the application immediately upon
d. Victim survivor to conclusion of ex-
be assisted by the parte proceedings
PB or Kgwd
PROCEDURE for ISSUANCE
(BPO)
Con’t. Issuance – 3. Service

c. issued by PB or a. Personal service


upon the
kgwd. respondent by the PB,
d. victim may be Kgwd. or any brgy
assisted by non- official
lawyer b. deemed served upon
receipt by the
e. Prohibition against respondent or any
conciliation or adult in said address
mediation, c. In case of refusal,
compromise or deemed served upon
leaving a copy in the
influence to presence of at least 2
abandon the relief witnesses
sought
Assistance to victim-survivor
at the barangay level
May be assisted by When there is no FC,
non-lawyer in the application may be
proceedings before filed with any lower
the PB court
Within 24 hrs. after Indigent victim-brgy to
BPO is issued, PB or ensure transportation
any Kgwd shall assist and other expenses in
in filing for an filing for an application
application for a TPO for a protection order
or PPO, with the with the courts
nearest court in the
residence of the victim
WHERE TO APPLY FOR BPO
Barangay where PLACE OF
victim-survivor (VS) or RESIDENCE or
petitioner is located or LOCATION of VS –
resides
Place where the VS
Parties reside in temporarily resides
different municipalities
or cities, PB or Kgwd Where she sought
where victim-survivor refuge/sanctuary to
resides shall assist escape from and
VS/applicant in filling avoid continuing
an application for PO violence from the
from the courts within respondent
2 hrs. from the request
BPO
Effectivity 15 days Violation: punishable
Free of charge by imprisonment of 30
Enforceable within days without prejudice
the brgy. that issued to any other criminal
the same or civil action filed by
offended party for any
Issuance of BPO shall of the act/acts
not preclude committed
application or grant of
TPO or PPO; Complaint for violation
of BPO filed by the
When TPO granted, brgy officials with
BPO no longer MTC, MCTC that has
available territorial jurisdiction
over the barangay that
issued the BPO
POs issued by the Court
TPO PPO
Issued on the same Issued after notice
day of application and hearing
Ex-parte Effective until
revoked
Effective 30 days No postponement
Immediate personal Conduct hearing on
service on the merits of
respondent issuance of PPO in 1
With notice of date day
of hearing for PPO If not possible, court
to extend TPO until
final judgment issued
POs issued by the Court
How to apply When disclosure of
Application in writing, address will
signed & verified endanger life,
under oath applicant must
If applicant is not VS, attest that VS is
application residing in the
accompanied by an place where the
affidavit of the court has territorial
applicant attesting to jurisdiction and
circumstances of provide a mailing
the abuse address for service
consent by the VS of court processes
POs issued by the Court
TPO/PPO
May be filed as independent action or
incidental relief in any civil or criminal
case the subject matter or issues thereof
partake of violence as described in this
Act
Application for PO-considered an
application for both TPO and PPO
Brgy. Officials and court personnel to
assist in preparation of the application
POs issued by the Court
Venue Enforceability
Family Court or TPO and PPO
RTC & other lower Anywhere in the
courts in the place Philippines
of residence of
petitioner Violation: fine
Residence: ranging from
Actual P5,000.00 to
temporary P50,000.00 and/or
place of refuge or Six (60 months
sanctuary
imprisonment
POs issued by the Court

Violation TPO/PPO
Contempt of court
Punishable under Rule 71, RC
Without prejudice to any criminal or civil
action that the offended party may filed
for any of the acts committed
Reliefs granted under TPO/PPO
Prohibition from – Prohibition from –
threatening to Harassing
commit or Annoying
committing Telephoning
personally or contacting or
through another, otherwise
any of the acts
mentioned in Sec. communicating with
5 of this Act the petitioner,
directly or indirectly
Reliefs granted under TPO/PPO
Removal and If respondent must
exclusion from – remove personal
effects from the
residence of the residence, court shall
petitioner direct a law
regardless of enforcement officer to
ownership of the accompany the
residence respondent, remain
Temporarily for the there until respondent
purpose of protecting has gathered his/her
the petitioner or things and escort
Permanently where no respondent from the
property rights are residence.
violated – and –
Reliefs granted under TPO/PPO
Directing respondent to stay away from
Petitioner and
Any designated family or
Household member
at a distance specified by the court and to
stay away from
The residence
School, place of employment or
Any specified place frequented by the petitioner
and any designated family or household
member
Reliefs granted under TPO/PPO
Directing
Lawful possession and use by the petitioner
of an automobile and other personal effects,
regardless of ownership, and
The appropriate law enforcement officer to
accompany the petitioner to the residence of
the parties to ensure that she is safely restored
to the possession of the automobile and other
personal effects, or
To supervise the petitioner’s or respondent’s
removal of personal belongings
Reliefs granted under TPO/PPO
Directing the To automatically remit
respondent to the same directly to the
petitioner
Provide support to the
woman and/or her child Failure by the
if entitled to legal respondent or
support. employer to
Notwithstanding other remit and/or
laws to the contrary Withhold or
the court shall order Any delay in the
An appropriate remittance of support to
percentage of the the woman and/or her
income or salary of the child/children without
respondent to be justifiable cause
withheld regularly by Liable for indirect
the employer and contempt of court
Reliefs granted under TPO/PPO
Prohibition of the respondent from
Any use or possession of any firearm or deadly
weapon and
Order him/her to surrender the same to the
court for appropriate disposition by the court,
including
Revocation of license and
Disqualification to apply for any license to use or
possess a firearm.
Respondent- law enforcement agent-
Court to order the surrender of the firearm and
Direct the appropriate authority to investigate the
offender and
Take appropriate action on the matter
Reliefs granted under TPO/PPO
Grant Restitution
temporary or Actual damages
permanent custody caused by the
of a child/children violence inflicted,
to the petitioner including but not
limited to
Property damage
Medical expenses
Children expenses
and
Loss of income
Reliefs granted under TPO/PPO
Directing Provision of other
DSWD or forms of relief as the
Any appropriate court deems
agency necessary to protect
and provide for the
To provide petitioner safety of the petitioner
temporary shelter and any designated
and family or household
other social member, provided
services that the they consent to such
petitioner may need reliefs
Prohibited Acts
A Punong Brgy., Kgwd. Law enforcers and
or the Court hearing an other government
application for PO shall personnel shall not
not mediate or
Order conciliate or
Direct influence
force or the victim/applicant to
in any way unduly compromise or
influence abandon the relief
the applicant to sought
compromise or abandon
any of the reliefs sought
under this Act Administrative Liability
Legal Protection for concerned
individuals
Persons intervening exempt from liability

In every case of VAWC as herein defined,


any person
private individual or
police authority or
barangay official
acting in accordance with law, responds or
intervenes without using violence or restraint
greater than necessary to ensure the safety of
the VS,
not be liable for any criminal, civil or
administrative liability resulting therefrom
Legal Protection for concerned
individuals
“Any Person” includes Service Providers
NGO workers In all cases, the
POs privacy and identity
Church as well as the
civic and locations of service
other groups, providers, including
Filipino citizens or NGOs and Pos
foreigners shall not be
free from criminal or disclosed by any
civil liability person who has
knowledge of the
acting in accordance VAWC cases
with law in responding
to a call for help or
when assisting the VS.
Legal remedies for VAWC-VS
Battered Woman Syndrome (BWS) as a
defense-
VS who are found by the courts to be suffering
from BWS do not incur criminal and civil liability
notwithstanding the absence of any of the
elements for justifying circumstances of self-
defense under the RPC
In the determination of the state of minds of the
woman who was suffering from BWS at the
time of the commission of the crime, the courts
shall; be assisted by expert
psychiatrists/psychologists.
Legal remedies for VAWC-VS

Prohibited defense –
Being under the influence of alcohol
Any illicit drug or
Minds altering substance
Not a defense under the Act
Legal remedies for VAWC-VS
Custody of children –
The woman shall be entitled to the custody and
support of her child/children. Children below 7
years old or older but with mental or physical
disabilities shall automatically be given to the
mother, with right to support, unless the court
finds compelling reason to order otherwise.
A VS who is suffering from BWS shall not be
disqualified from having custody of her children.
In ni case shall custody of the minor children be
given to the perpetrator of violence against a
woman suffering from BWS.
Legal remedies for VAWC-VS
Damages – Hold Departure Order-
Any VS of vilence Counsel for VS or
under this Act shall be applicant may request
entitled to actual, the court for a hold
moral, compensatory departure order in the
and exemplary application or petition
damages for PO.
Civil action deemed Court to expedite the
instituted with criminal process of issuance of
action unless an hold departure order in
independent civil action cases prosecuted
for damages is filed under the Act
Legal remedies for VAWC-VS

Exemption from payment of docket


fees and other expenses –
If the VS is an indigent or there is an
immediate necessity due to imminent
danger or threat of danger to act on an
application for a PO, the court shall
accept the application without payment
of the filing fee and other fees and of the
transcript of stenographic notes
Confidentiality
Law enforcement Law enforcement
officials, prosecution, officers and
judges, court prosecutors
personnel and medical Conduct closed-door
practitioners as well as investigation
parties to the case Media not allowed to
shall recognize the have access to any
right to privacy of the information regarding
the VS.
VS during
Investigation Adult victim has
prosecution and
choice to go public or
trial of an offence under
speak with the media,
the Act preferably with the
assistance of counsel
Confidentiality
Barangay officials, law Unlawful for any
enforcers, prosecutors person utilizing tri-
and court personnel media or information
Not disclose names technology to cause
and personal publicity of the name
circumstances of the or identity of the VS or
VS or complainants complainant without
or
her consent.
Other information
tending to establish Identities of children
their identities to the shall not be disclosed
media or the public to the public without
or conformity of the city
Compromise her or provincial DSWD
identity
Violation of confidentiality

Imprisonment of one (1) year

and

Fine of not more than Five Hundred


Thousand (P500,000.00) Pesos
I GOT FLOWERS TODAY

I got flowers today. It wasn't my


birthday or any other special day. We
had our first argument last night. He
said a lot of cruel things that really
hurt me. I know he was sorry and
didn't mean the things he said.
Because I got flowers today.
I got flowers today. It wasn't our
anniversary or any other special day.
Last night, he threw me into a wall
and started to choke me. It seemed
like a nightmare. I couldn't believe it
was real. I woke up this morning sore
and bruised all over. I know he must
be sorry Because he sent me flowers
today.
I got flowers today. It wasn't Mother's
Day or any other special day. Last
night, he beat me up again. And it
was much worse than all other times.
If I leave him, what will I do? How will
I take care of my kids? What about
money? I' m afraid of him and scared
to leave. But I know he must be sorry
Because he sent me flowers today.
I got flowers today. Today was a very
special day. It was the day of my
funeral. Last night he finally killed me.
He beat me to death.

If only I had gathered enough courage


and strength to leave him, I would not
have gotten flowers today.
THANK YOU VERY MUCH!

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