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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
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)
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)
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
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
and