Memorandum

For : Atty. Melissa Tan-Rivera

From : HORNYTONIGHT Law Firm
Re : R.A. 9262
Date : September 29, 2010
________________________________
Introduction.
Republic Act 9262 under the Philippine Constitution convenes the protect
ion and security of women and their children. It is mandatory for the State unde
r this law to secure women and children against violence,oppression and discrim
ination for they are the most fragile members of the family and society. Women a
nd children rights should be prioritized and protected under this law in order f
or this law to fully take effect. The enactment of this law helps the deteriorat
ion of the rising issues and incidents of women crimes in the country.
Issues and Discussions.
Under the Republic Act 9262, names that are fictitious and initials are still c
overed by the law wherein most of the cases which are lascivious and degrading
in nature with respect to those who were violated and their families. The act r
equires cases of oppression against women and children to be held as confidentia
l resulting in the majority of the cases that apply R.A. 9262 otherwise known as
Anti-Violence Against Women and their Children Act of 2004 . This is done for the
protection of women and children against embarassment and humiliation. The non c
onfidentiality of their names could result to further injury and embarrasment.
The confidentiality of the victim's names are covered and mandated in Se
ction 44 of R.A. 9262. It provides the security of these victims that requires
every court not to divulge informations important to the revelation of the vict
ims identity. And so the use of fictional names are used in order to preserve an
d protect the victims. Such informations are addresses, contact numbers, mailing
addresses and other relevant information that could lead to the identity of the
victim.
The Act convenes the different actions that compose violence against wom
en and children. Such actions are liberally construed for the effectivity of the
law so as to fully secure the women and children. These acts are enumerated in
section five of Republic Act no. 9262 and were applied in the case of Gregory v
s Calderon where Atty. Calderon had an illicit relation with one Eve Lucia Z. Go
roy. She invoked R.A. no. 9262 and alleged that Atty. Calderon violated her as t
he latter wanted to take nude pictures of them together constituting malicious m
ischief on the latter s part. The court applied sec. 5 of the said R.A. as that wh
ich compelled Eve to do something wherein she has a right to desist. Such an act
could cause mental and emotional anguish on her part. This was also applied in
the case of Pascua vs. Court of Appeals where the sending of obscene images via
the cellphone and the texting of lascivious text messages were also found to be
under the view of section 5 of R.A. no. 9262.