2017 NDHS Survey Philippine Statistics Authority

People of the Philippines vs.

Marivic Genosa
G.R. No. 135981, January 15, 2004
Marivic and Ben were married with
two children
First year of marriage: happy family
Succeeding years: years of violence
esp when Ben gets drunk
One pay day, Ben was late in
coming home. Marivic went out to
look for him but she did not find
him. When she got home, Ben was
already home, drunk.
They had a fight. Then Ben left.
Marivic packed Ben’s clothes.
When Ben came home, he was so
angry that he told Marivic that he
would kill her.
But before Ben was able to execute his
plan, Marivic hit him with a pipe then
shot him with a gun.
Marivic was convicted of the crime of
parricide w/ a mitigating circumstance
of passion and obfuscation.
 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.
 PHASES OF BATTERY
1.Tension Building Phase
2.Acute Battering Phase
3.Tranquil Period
To be classified as a battered
woman, the couple must go
through the battering cycle
at least twice.
I GOT FLOWERS TODAY
PAULETTE KELLY, 1992
 I got flowers today.
It wasn’t my birthday or any other
special day.
We had our first argument last night,
And he said a lot of cruel things that
really hurt me, I know he is sorry and
didn’t mean the things he said.
Because he sent me flowers today.
 I got flowers today. It wasn’t our
anniversary or any other special day.
Last night he threw me into the wall and
started to choke me.
It seemed like a nightmare. I couldn’t
believe it was real. I woke up this morning
and bruised all over. I know he must be
sorry because he sent me flowers today.
 I got flowers today,
And 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 the
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.
 Section 26 of RA 9262
Victim-survivors who are found
by the courts to be suffering
from BWS do not incur criminal
and civil liability.
 Section 34 of RA 9262
Any person, acting in accordance with
law, responds or intervenes without
using violence or restraint greater than
necessary to ensure the safety of the
victim, shall not be liable for any
criminal, civil or administrative liability
resulting therefrom.
 VIOLENCE
Any act or a series of acts committed by any
person against the victim which result in or is
likely to result in physical, sexual, psychological
harm or suffering, or economic abuse.
 Section 25 of RA 9262
Violence against women
and their children
is now a public crime.
It includes:
1. Physical Violence
2. Sexual Violence
3. Psychological Violence
4. Economic Abuse
PHYSICAL VIOLENCE:
SEXUAL VIOLENCE:
It includes:
1. Rape
2. Sexual harassment
3. Acts of lasciviousness
4. Treating a woman or her child as a sex
object
5. Making demeaning and sexually suggestive
remarks
It includes:
6. Forcing the victim to watch obscene
publications and indecent shows
7. Forcing woman or child to do indecent acts
an/or make films thereof
8. Forcing the wife and mistress/love to
live in the conjugal home or sleep
together with the abuser
It includes:
6. Causing or attempting to cause the victim
to engage in any sexual activity
7. Prostituting the woman or child
PSYCHOLOGICAL VIOLENCE:
It includes:
intimidation, harassment, stalking, damage to
property, public ridicule or humiliation,
repeated verbal abuse and mental 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
ECONOMIC VIOLENCE:
It includes:
1. withdrawal of financial support or preventing
the victim from engaging in any legitimate
profession, occupation, business or activity
2. deprivation or threat of deprivation of
financial resources and the right to the use
and enjoyment of the conjugal, community or
property owned in common
It includes:
3. destroying household property
4. controlling the victims' own money or
properties or solely controlling the conjugal
money or properties
REAL LIFE QUESTION
 AAA vs. BBB
G.R. No. 212448, January 14, 2018
 WHO ARE PROTECTED:
1. Women:
a. Wife or former wife;
b. A woman with whom he has or had a sexual
or dating relationship;
c. With whom he has a common child
d. Against the woman’s child, whether
legitimate or illegitimate.
 WHO ARE PROTECTED:
2. Children- below eighteen (18) years of age or
older but are incapable of taking care of
themselves as defined under Republic Act No.
7610. It includes the biological children of the
victim and other children under her care.
 WHO CAN BE PUNISHED:
1. Husband or former husband;
2. Live-in partner or former live-in partner;
3. Boyfriend or Girlfriend or former;
4. Dating partner or former dating partner.
REAL LIFE QUESTION
Sharica Mari Go-Tan vs. Spouses
Perfecto and Juanita Tan
G.R. No. 168852, September 30, 2008
WHAT CAN THE VICTIM DO?
 PROTECTION ORDERS
INDEPENDENT CIVIL ACTIONS
CRIMINAL ACTIONS
PROTECTION ORDERS
1. BARANGAY PROTECTION ORDER
2. TEMPORARY PROTECTION ORDER
3. PERMANENT PROTECTION ORDER
 RELIEFS PROVIDED BY a PO:
Prohibiting Respondent from threatening to
commit any act of VAWC;
Prohibiting Respondent from harassing,
annoying, telephoning, contacting,
communicating ;
Removing Respondent from the house where
the woman lives;
Directing the Respondent to stay away from;
Direct and automatic remittance of a part of
the Respondent’s salary;
Granting custody of minor children;
Directing DSWD to provide services;
Directing possession and use by woman of
the vehicle and other personal effects,
regardless of ownership;
Cancellation of firearm;
Payment for property damages, medical
charges expense, and loss of income
BARANGAY PROTECTION ORDER
A BPO is the protection order issued
by the Punong Barangay, or by any
Kagawad, if the PB is not available.

15 DAYS
A complaint for violation of a BPO
must be filed with the MTC that has
jurisdiction over the barangay that
issued the BPO.
Violation of a BPO is punishable by
imprisonment of thirty (30) days.
TEMPORARY PROTECTION ORDER

30 DAYS
PERMANENT PROTECTION ORDER
 A PPO is the order issued by the court
commanding the offender from further
committing or threatening to commit
harm to the victim.
 A PPO is effective until revoked by a
court upon application of the victim or
by an authorized applicant, if the
application was not filed by the victim.
It is issued after notice and hearing
wherein the offender is given the
opportunity to present his evidence.
Both TPO and PPO may be filed in
the RTC or MTC with territorial
jurisdiction over the place of
residence of the Petitioner.
Both TPO and PPO are enforceable
anywhere in the Philippines.
 Violation of either a TPO or BPO
shall constitute contempt of court
under Rule 71 of the Rules of Court.
Who can file for PO:
 Offended party
 Parents or guardians
 Ascendants, descendants,
collateral relatives within 4th
degree of consanguinity or affinity
 Social workers of DSWD or LGUs
 Police officers, preferably those in
charge of women and children’s
desks
 Punong Barangay or kagawad
 Lawyer, counselor, therapist,
healthcare provider
 At least 2 citizens of the city or
municipality who have personal
knowledge of the offense
 If the applicant is not the victim, the
application must be accompanied an
affidavit of the applicant attesting to
the
1) circumstances and 2) circumstances
of consent given by the victim.
 OTHER BENEFITS OF RA9262

Paid leave of absence up to ten (10)

days.
PENALTIES
Parricide: 20-40 years
Murder: 17 years, 4 months and 1 day to
life imprisonment
Homicide: 17 years, 4 months and 1 day
Parricide: Reclusion Perpetua to death
(30 years)
Murder: Reclusion Temporal in its
maximum period (20 years)
Homicide: Reclusion Temporal (12-20
years)
Verbal and emotional abuse:
6 years and 1 day to 12 years
In addition to imprisonment, fine of not
less than ₱100, 000.00 but not more
than ₱300, 000.00 and shall undergo
psychological counselling.
PRESCRIPTIVE PERIOD
Acts falling under
Sections 5 (a)-(f):

20 years
Acts falling under
Sections 5 (g)-(l):

10 years