San Sebastian College- Recoletos, Manila

Bachelor of Science in Political Science

College of Arts and Sciences

C.M. Recto Ave. Manila

AN ASSESSMENT OFEFFECTIVENESS OF SECTION 5 UNDER REPUBLIC ACT 9262

ANTI-VIOLENCE AGAINST WOMEN AND CHILDREN IN

SELECTED BARANGAY OFQUEZON CITY

In Partial Fulfillment of the Requirements in

Bachelor of Arts in Political Science

A Thesis Proposal Presented by:

Hannah Joy A. Alcazaren

Crystal Grace G. Galarrita

Rosemarie C. Arnaiz
Introduction:

In the past few decades, violence against women was an enduring issue and a violation of

human rights. Violence against women has been recognized as aserious public health concern

globally since an estimated 40-60% of women in any given country have experienced domestic

violence (World Health Organization, 2000). Domestic violence is a problem that has been

considered a private concern among Filipino families. The magnitude of reported cases of wife

battering have reached alarming proportion, and led government and non-government sectors to

intervene particularly in the areas of legislation, policy and programs (Jimenez, 1996).

According to Department of Social Welfare and Development, quoting the 2008 National

Demographic and Health Survey conducted by the National Statistics Office, 1 out of 5 women

are abused. In 2011, some 15,104 cases of domestic violence were recorded by the Women and

Children Protection Center of the Philippine National Police. The 2011 figure is 5,619 cases

more than the 2010 figure of 9,485 cases. For 2012, some 12,948 cases were recorded covering

January to August.

Domestic violence is also known as domestic abuse, spousal above, battering,

family violence and intimate partner violence. It is a pattern of abusive behaviour by one

partner against another in an intimate relationship such as marriage, dating, family or

cohabitation. Domestic violence, so defined, has many forms, including physical aggression or

assault (hitting, kicking, biting, shoving, restraining, slapping, throwing objects), or threats

thereof; sexual abuse; emotional abuse; controlling or domineering, intimidation; stalking;

passive/covert abuse otherwise known as neglect; and economic deprivation.(Seimeniuk,

Krentz, Gish &Gill, 2010).

 Domestic violence and abuse are not limited to obvious physical violence. It can mean

endangerment, criminal coercion, kidnapping, unlawful imprisonment, trespassing, harassment

and stalking. (National Network to End Domestic Violence, 2011). Violence against women is a

technical term used to collectively refer to violent acts that are primarily or exclusively

committed against women. The United Nations General Assembly defines violence against

women as any act of gender-based violence that results in, or is likely to result in physical,

sexual or mental harm or suffering to women, including threats of such acts, coercion or arbitrary

deprivation of liberty, whether occurring in public or in private life. The 1993 Declaration on the

Elimination of Violence Against Women noted that this violence could be perpetrated by

assailants of either gender, family members and even the ‘State’ itself (United Nations, 1993).

In the Philippines, the commitment of the country to the observance and to the

eradication of Violence against Women and Children was strengthened by the President Benigno

S. Aquino III by signingRepublic Act 10398 declaring November 25 of every year as the

“National Consciousness Day for the Elimination of Violence against Women and Children.”

The law also raises the standard by which this campaign is observed by mandating key agencies

to undertake activities designed to raise public awareness on VAW with the theme: “End VAW

Now! It’s Our Duty!”

The Philippine government recognizes the pervasiveness of VAW (Violence against

Women) and have put in place several mechanisms to address and to eliminate all its forms. In

2009, the government ratified landmark legislation for gender equality known as the Magna

Carta of Women (MCW) which only established further its thrust to protect and promote Filipino

women's human rights as it continues to institutionalize gender concerns in the mainstream

development process.
 The Philippine bureaucratic actions protected women through laws while their interests in

getting fair treatment and equal opportunities in terms of employment, career advancement,

access to health benefits and many others were advanced. Cognisant of gender equality as a

crosscutting theme for development, the Philippines integrated the gender perspective in the

formulation of its policies for national planning and management. Integrating the gender

perspective though is not a new concept. It was adopted by the Philippines through its state

obligation as a signatory to various international instruments and agreements.

Background of the study

Constitutional and legislative provisions regarding Violence against Women

1. The 1987 Philippine Constitution

The protection of the human rights of all Filipinos is contained in the Philippine

Constitution. Among its salient provisions is Article II, Section 14 which provides that

“the state recognizes the role of women in nation building and shall ensure the

fundamental equality before the law of women and men.”

2. Anti-Mail Order Bride Law (Republic Act 6955)

The law declares unlawful the matching of Filipino mail-order brides to

foreigners. It penalizes the business of matching Filipino women for marriage to foreign

nationals either through personal introduction as well as through advertisement,

publication, printing or distribution of brochure and flyers, through membership in clubs

created for matching Filipinas to foreign nationals and, through the use of the postal

service.

3. Anti-Sexual Harassment Act of 1995 (Republic Act 7877)

 The law makes incidents involving unwelcome sexual advances, requests for

sexual favors, or other verbal or physical conduct of sexual nature, made directly or

indirectly in the employment, education or training environment unlawful. Sexual

harassment is about abusing power relations – using one’s power to extract sexual favors.

4. Anti-Rape Law of 1997 (Republic Act 8353)

The law reclassifies rape as a crime against persons, defining it as public rather

than a private crime. It recognizes marital rape and questions the notion of sexual

obligation in marriage. It also notes that rape happens even without penetration and the

use of objects as constituting sexual assault, which is also considered as a form of rape.

The law also increased the penalties against rape.

5. Rape Victims Assistance and Protection Act of 1998 (Republic Act 8505)

The law provides assistance and protection to rape victims, establishes for the

purpose a rape crisis center in every province and city and authorizes the appropriation of

funds for the establishment and operation of the rape crisis center. Aside from the

provision of services, capacity building/training is also mandated for the law enforcement

officers, public prosecutors, lawyers, medico-legal officers, social workers and barangay

officials on human rights and their responsibilities, gender sensitivity and legal

management of rape cases.

6. Anti-Trafficking in Persons Act of 2003 (Republic Act 9208)

The law defines trafficking in person in terms of the acts, means and purposes of

trafficking. The trafficked person is considered as a victim thus, she/he should be

provided protection and support services by the State. Government agencies are
 mandated to provide services to the trafficked persons at the international, national and

local levels for his/her early recovery and reintegration.

7. Article 245 of the Revised Penal Code (Republic Act 3815)

The law provides that abuse against chastity is committed by any public officer

who shall solicit or make immoral advances to a woman interested in matters pending

before such office for decision, or with respect to which he is required to submit a report

to or consult with a superior officer; or by any warden or other public officer directly

charged with the care and custody of prisoners or persons under arrest who shall solicit or

make immoral or indecent advances to a woman under his custody. A penalty of

prison correctional in its medium and maximum periods and temporary

special disqualification shall be imposed on the offender. 

8. Anti-Violence Against Women and Their Children Act of 2004 (Republic Act 9262)

The law defines violence against women and their children as a public crime. It

provides for the security of the woman-complainant and her children through

the availment of the barangay, temporary or permanent protection orders. It

also identifies the duties of barangay officials, law enforces, prosecutors, court

personnel, social welfare and health care providers and the LGUs to provide the

necessary protection and support of VAWC victims. 

9. The Anti-Violence Against Women and their Children Act of 2004

Is keeping with the fundamental freedoms guaranteed under the constitution, the

Universal Declaration of Human Rights, the Convention on the Elimination of all Forms

of Discrimination Against Women, Convention on the Rights of the Child,

 andother international human rights instruments which the Philippines is a party. The

forms of VAW addressed are physical, sexual, psychological and economic abuse. 

Brought about by the undeniable need for a law to protect women and children from

domestic violence, Republic Act 9262 Anti- Violence against Women and Children is a piece of

“landmark legislation” as described by Supreme Court. It was enacted on March 8, 2004 and

became effective on March 27 of the same year. With the aim of giving women more than a

fighting chance in seeking redress in a legal system that was still replete with the patriarchal

influence of the past.

Though the laws mentioned above is being enacted it is still not enough to penalizes such

acts and provides protective measures and remedies for Domestic Violence in the Philippines.

The unequal power relationship between men and women and the fact that women are more

likely become victims of violence than men and the widespread gender bias and prejudice

against women proved that there is a crucial gap in implementation and a specific appropriation

in regards of the laws being passed.

Importance of the Study

Section 5 of Violence against Women and Children is focused on Domestic Violence

which covers the following violence: Physical, Emotional, Psychological and Economic

Violence that explains the different modes, situation, exemptions and its duties in accordance of

its law.

This study seeks to provide the explanation on how of our existing Law Violence against

women and Children Law becomes Effective and Relevant in society now days.
 As researchers, this is a positive action to fully understand the social, political, and

cultural undertones of VAW (Violence against Women). Documenting these forms of violence

will strengthen the basis for government’s intensified campaign to eliminate all forms of

discrimination, violence being one, against women and children.

This will also raise the issue as a public concern and not merely confined in the privacy

of intimate relationships. With these being brought into the fore, policies and programs can be

articulated to combat VAW (Violence against Women) and to provide a safe environment to

womenin the community they live and would be also beneficial to the following:

The Students- this study is for them to understand the importance and reasons of creating

Laws, Policies, Rules, and Regulations that will governs the society.

The Local Barangay Officials- this study will help to improve their way of implementing

Laws and for them to come up with an instrument that can help the society to be more aware and

can do protect their rights.

The Respondents- this study will give further more knowledgeable information to every

humanitarian rights especially among women and children as cover by Violence Against Women

and Children Law in able for them to protect their rights.

The Readers- this study will give awareness and further knowledge about what really

Violence against women and children Law that could be a useful reference on their sides. They

will be aware of the severity of the problem, and what we can do to solve the issue.

The Future Researchers- this study can enhance further their studies in relation to this topic
Problem of the Study

The problem of the study is a clear and concise statement that describes the research

problems to be addressedand identifies potential causes or solutions. A problem statement also

conveys the reason of the problem and who is affected by the problem (Mc Mahon, 1997)

1. What is the profile of the respondents in terms of:

a. Age

b. Gender

c. Civil Status

d. Religion

e. Citizenship

f. Occupation

g. Educational Attainment

2. Experience of VAW

a. Frequency and duration of experience

b. Perpetrator, relationship with the respondent

c. Characteristics of the perpetrator

d . Manifestations of VAW in the victim

3. What kind of Domestic Violence do the respondents usually experience?

3.1 Physical

3.2 Psychological

3.3 Sexual

3.4 Economic

4. Coping experiences
 b. Family experiences

c. Community experiences

d. Perceived role of the support groups

TheoreticalFramework for Understanding Partner Violence

What causes violence against women? Increasingly, researchers are using an ecological

framework to understand the interplay of personal, situational, and sociocultural factors that

combine to cause abuse. In this model, violence against women results from the interaction of

factors at different levels of the social environment.

The model can best be visualized as four concentric circles. The innermost circle

represents the biological and personal history that each individual brings to his or her behavior in

relationships. The second circle represents the immediate context in which abuse takes place

frequently the family or other intimate or acquaintance relationship. The third circle represents

the institutions and social structures, both formal and informal, in which relationships are

embedded—neighborhood, workplace, social networks, and peer groups. The fourth, outermost

circle is the economic and social environment, including cultural norms.

A wide range of studies agrees on several factors at each of these levels that increase the

likelihood that a man will abuse his partner:

 At the individual level, these include being abused as a child or witnessing marital

violence in the home, having an absent or rejecting father, and frequent use of alcohol.
  At the level of the family and relationship, cross-cultural studies have cited male control

of wealth and decision-making within the family and marital conflict as strong predictors

of abuse.

 At the community level, women's isolation and lack of social support, together with male

peer groups that condone and legitimize men's violence, predict higher rates of violence.

 At the societal level, studies around the world have found that violence against women is

most common where gender roles are rigidly defined and enforced and where the concept

of masculinity is linked to toughness, male honor, or dominance. Other cultural norms

associated with abuse include tolerance of physical punishment of women and children,

acceptance of violence as a means to settle interpersonal disputes, and the perception that

men have ―ownership‖ of women.

By combining individual-level risk factors with findings of cross-cultural studies, the

ecological model contributes to understanding why some societies and some individuals are

more violent than others and why women—especially wives—are so consistently the victims of

abuse.
 Conceptual Framework

This study describes the VAW (Violence against Women) experiences of women in

Barangay Tatalon,Quezon City by looking into six areas: extent, forms, causes, effects,

manifestations and coping mechanisms of the VAW victims. The Ecological model of Gender

violence by Heissewill be used to understand the causes, manifestations, forms and extent of

VAW experienced by women in Barangay by looking into the interplay of personal situation and

socio-cultural factors. The four circles in the figure above represent this model. The innermost

circle represents the biological and personal history that each individual brings to her behavior in

relationships. The second circle represents the immediate context in which abuses takes place -

frequently in the family or other intimate or acquaintance relationship. The third circle represents

the institutions and social structures, both formal and informal, in which relationships are

embedded in the community. The fourth, outermost circle is the economic and Social

environment including cultural norms.

A number of study show that the abuse can take a variety of forms; it includes physical

assault, and psychological abuse, which frequently include controlling behaviors that put the life

of the women at risk. The negative consequences of the abuse extend beyond women’s sexual

and reproductive health to their overall health, to the welfare of their children and even to the

development of the country. The consequences of the abuse will be discussed in this study to

know the sexual, physical, emotional, behavioral and mental health effects of the abuse to the

victims. Aside from looking at the consequences, this study will discuss how the victims cope up

with the violence. Whether or not they outlive the relationship or sustain it is an interesting issue

to know. How these victims manage the violence will help identify the explicit and implicit
support systems in the Barangay the abused female can run to for help.All these elements are

necessary to be able to understand the situation of VAWexperienced within the Barangay.

Scope and Delimitation of the study

The scope of this study is for the residents of 883Araneta Avenue, Barangay Tatalon,

Quezon City. It focuses on how Anti-Violence against Women and Children in their Barangay is

being implemented and felt by the respondents. This can be done by looking into the causes,

extent, forms, effects of VAW (Violence against Women) and coping mechanisms employed and

experienced by the female residents of the barangay.

This study limits its coverage and geographical area to Barangay Tatalon, Quezon City

andto intimate relationship between a man and a woman.Its main purpose is to know how

effective Anti-Violence against Women and Children in their barangay and to assess its possible

solution to reduce the risk of the problem Aging from 18 years old and above.

This study considers the findings in Department of Social Welfare and Development and

Barangay Tatalon, Quezon City

Operational Definitions of terms

1. Gender Based Violence- refers to women are subjected to violence or abuse because

they are women. Factors such as class, race, educational background, age or even looks

are but secondary to the gender factor in this case..

2. Domestic Violence- refers to defined it as pattern of abusive behaviour in any

relationship that is used by one partner to gain or maintain power and control over

another intimate partner. Domestic Violence can be physical, sexual, emotional, or

 psychological actions or threats of actions that influence another person. This includes

any behaviour that intimidates, manipulate, humiliate, isolate, frighten, terrorize, coerce,

threaten, blame, hurt, injure, or wound someone.

3. Violence against women and their children- refers to any act or a series of acts

committed by any person against a woman who is his wife, former wife, or against a

woman with whom the person has or had a sexual or dating relationship, or with whom

he has a common child, or against her child whether legitimate or illegitimate, within or

without the family abode, 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.

4. Physical Violence- refers to acts that include bodily or physical harm.

5. Sexual violence- refers to an act which is sexual in nature, committed against a woman

or her child.

6. Gender Equality- refers to the principle asserting the equality of men and women and

their right to enjoy equal conditions realizing their full human potentials to contribute to

and benefit from the results of development, and with the State recognizing that all

human beings are free and equal in dignity and rights.

7. Children- refers to those who are below eighteen (18) years of age or over but are unable

to fully take care of themselves or protect themselves from abuse, neglect, cruelty,

exploitation, or discrimination because of a physical or mental disability or condition.

8. Family- refers to the basic unit of the society. A group consisting of parents and children

living together in a household.

9. Source of support- refers to the direct and indirect support sought by or extended to the

respondents.

10. Perpetrator- refers to someone who has committed a crime.

References:
 http://eujournal.org/index.php/esj/article/viewFile/1317/1326

http://www.who.int/gender/violence/v4.pdf

http://www.spc.int/hdp/index2.php?

option=com_docman&task=doc_view&gid=213&Itemid=4

http://www.pcw.gov.ph/event/18-day-campaign-end-violence-against-women-vaw-2013

http://www.census.gov.ph/old/data/sectordata/factsheets/QandA_on_VAW.pdf

http://en.wikipilipinas.org/index.php?

title=Violence_Against_Women_and_Their_Children&action=edit

http://pcw.gov.ph/focus-areas/violence-against-women/definition

http://pcw.gov.ph/international-commitments

https://ph.news.yahoo.com/sc-upholds-law-protecting-women-kids-against-violence-

000500986.html

http://www.accralaw.com/publications/constitutionality-anti-violence-against-women-

and-their-children-act-2004

http://www.ovw.usdoj.gov/domviolence.htm

http://iamure.com/wp-content/uploads/2012/05/3ysmael.pdf

http://www.goodreads.com/quotes/249554-the-woman-was-made-of-a-rib-out-of-the
http://en.wikiquote.org/wiki/Matthew_Henry

http://dswp.org.ph/reading-materials/laws-on-women/magna-carta-of-women-ra-9710/

http://www.dswd.gov.ph/2012/11/1-out-of-5-women-is-abused-dswd/

http://ec.europa.eu/public_opinion/archives/ebs/ebs_344_en.pdf