SAN SEBASTIAN COLLEGE- RECOLETOS, MANILA PAGE 1

Economic Abuse as a Form of Domestic Violence: Critical

Analysis

A Thesis Presented To The

San Sebastian College- Recoletos- College of Law
Manila

IN PARTIAL FULFILLMENT OF THE REQUIREMENT

FOR THE DEGREE OF JURIS DOCTOR

ROSEMARIE C. ARNAIZ
2019
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CHAPTER 1

Problem Rationale

Historical Background of the Study

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

a serious public health concern globally since an estimated 40-60% of women in

any given country have experienced domestic violence. 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. 1

According to Department of Social Welfare and Development (DSWD),

quoting the 2008 National Demographic and Health Survey conducted by the

National Statistics Office (NSO), 2 out of 5 women are abused. Domestic

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

violence and intimate partner violence. It is a pattern of abusive behavior by

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

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

1
United Nations, 2012, United Nations Trust Funds To End Violence Against Women Annual
Report, Lifted from http://www.unwomen.org.html
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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.2 Domestic violence and abuse are

not limited to obvious physical violence. It can mean endangerment, criminal

coercion, kidnapping, unlawful imprisonment, trespassing, harassment and

stalking. Violence against women is a technical term used to collectively refer to

violent acts that are primarily or exclusively committed against women.

The Philippine government recognizes the pervasiveness of VAW

(Violence against Women) and has put in place several mechanisms to address

and to eliminate all its forms. In 2009, government ratified landmark legislation

for gender equality 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.3

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. Cognizant of gender equality as a crosscutting theme for development,

2
Department of Social Welfare and Development, 2012, 2 out of 5 women abused-DSWD, Lifted
from http://www.dswd.gov.ph
3
Philippine Commission on Women , 2010, Lifted from: https://pcw.gov.ph/international-
commitments
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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.4

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,

and other International human rights instruments which the Philippines is a party.

The forms of VAW addressed are physical, sexual, psychological and economic

abuse.5

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.6

4
Philippine Commission on Women , 2010, Lifted from: https://pcw.gov.ph/international-
commitments
5
Sta. Maria, M., 2007, Court Procedures in Family Law Cases: Anti-VAWC Act of 2004, Manila,
Rex Book Store Inc.
6
Philippine Commission on Women, 2004, Anti-violence against women and children:
Implementing rules and regulations, Manila, Office of the President.
 SAN SEBASTIAN COLLEGE- RECOLETOS, MANILA PAGE 5

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

penalize 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.

Scope and Limitations

The critical analysis of economic abuse as a form of domestic

violence is a research study on the law implementation effects of it in
the respondents. In this researcher study, the researchers had observed
and analyzed the respondent’s awareness of such law and certain
factors affecting it. The scope of this study is for the selected women
of Barangay Marulas, Valenzuela 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 and coping
mechanisms employed and experienced by the female residents of the
barangay. The researchers limit relevant data to sources published at
the latest of 2004. Furthermore, other relevant data were gathered
through interviews of incumbent government officers such as the
Barangay Chairwoman of Barangay Marulas, Valenzuela City and the
Head of the Information Resource Management Division of the
Philippine Commission on Women.
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This study limits its coverage and geographical area to Barangay Marulas,

Valenzuela City and limits into intimate relationship between a man and a

woman. Its main purpose is to know how aware respondents are on the programs

and services of RA 9262 or Anti-Violence against Women and Children in their

barangay. Through these, it is easy to identify if Republic Act 9262 is effective by

determining the results of the barangay and to assess its possible solution to

reduce the risk of the problem aging from 18 to 50 years old.

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

VAWC Division of Local Barangay Marulas, Valenzuela City

Statement of the Problem

1. How does economic abuse defined and measured as perceived

by the victims?
2. What barriers are faced by women who have experienced
economic abuse to obtaining appropriate income and child
support payments? What can be done to address these barriers?
3. Why economic abuse is often used as a controlling
mechanism as part of a larger pattern of domestic abuse?
4. What is the difference between the other kinds of abuse to
economic abuse under Section 5 of RA9262?
5. What are the main effects of economic abuse?

Objectives and Significance of the Study

Truly a landmark legislation, the Anti-VAWC Act not only gives legal

regal recognition to the problem that was rarely spoken about before, but also

provides remedies, both conventional and innovative, to women and children

 SAN SEBASTIAN COLLEGE- RECOLETOS, MANILA PAGE 7

victim survivors of VAWC, giving hope to several women and children who have

yet to break free from the abusive relationships they are in. This study may show

the relationship how aware the women of the law. why they do not want to

tolerate any kind of abuse they may and their children experience from men. How

women - employed or unemployed, educated or not, of legal age or minor - can

acquire knowledge and be armed with necessary rights to protect themselves?

How this study would be an evidence for government officers to manage the law

implementation of VAWC well. This study is deemed beneficial to the following:

To the Law Students. This study is for them to understand the

importance and reasons of creating laws, policies, rules, and regulations that will

govern the society.

To 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.

To the Respondents. This study will give further knowledgeable

information to every humanitarian rights especially among women and children as

covered by VAWC law in able for them to protect their rights.

To the Readers. This study will give awareness and further knowledge

about what really violence against VAWC 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.

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To the Future Researchers. This study can enhance further their studies

in relation to this topic.

Theoretical Background
This study is anchored to Standpoint theory developed by Sandra Harding and Nancy
Hartsock that focuses on perceptions about gender that concentrate on feminist
viewpoint. This theory explains that there are factors that affect people’s perceptions such
as personal experience, tradition and culture, socio-economic status in the society, and
the basic differences of gender.
Women are considered as marginalized group of people where they adapt and accept
perceptions of powerful groups that bring change in their viewpoint. However,
perspectives of a person differ individually but can be similar when they share same
interests and environments with others [11]. Thus, the researchers chose professionals’
insights about the phenomenon. Their viewpoint is substantial to show the state of
violence against women in the Philippines through its factors.
The theory is important to this study to support the claim that there are attributing factors

why violence against women occurs and it is a continuous societal issue in the

Philippines.

Statement of Benefits and Risks

Confined within the walls of what are supposed to be considered homes are

various abuses against women. In silence, countless women endure many forms

of violence for the sake of their children and their families. Women are

stereotyped as weak because naturally women are serious in what they feel and

what others made them feel. This notion makes men think that they are superior

over women and that they can rule over their feelings, and emotions, and

eventually make women be under their power. Some men become abusive of their

power. The head of a family sometimes tend to become physically abusive when

they become fed up and angry at women. Alviola (2013) said that, “Physical
 SAN SEBASTIAN COLLEGE- RECOLETOS, MANILA PAGE 9

abuse includes acts which inflict physical/bodily harm like battery. Economic

abuse includes not giving adequate financial support, controlling the conjugal

money or the woman’s own money. Psychological abuse includes marital

infidelity, repeated verbal abuse, public humiliation or stalking. Sexual violence

includes causing to make the woman or her child to perform sexual acts or

prostituting the woman or her child.” These are examples of acts punishable under

R.A. 9262. Abuses are not just physical.

It is also good to know, what the main causes that trigger a person hurt are

or abuse women and children. Researchers have taught of understanding this kind

of behavior. There might be some causes of the increasing cases of domestic

violence and abuse. Those reasons may be psychological, through experience, or

anything that has made a person of who he is now.

The reason why the researcher have taught about studying or assessing the

R.A. 9262 is that everyone, especially women and children should all be aware of

their rights and be empowered to protect themselves. Not only these women and

children should protect themselves, but the whole community must be informed

so that we can all help fight violence against women and children. Specifically,

researcher also want to know who of some men the perpetrators are.
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Children usually trust their fathers. Little did they know the people they

love and trust is the people that are going to abuse them? This can have a big

impact on the children. Psychological effects may happen and behavior towards

oneself and other people may be affected. Children, after the abuse, would surely

undergo depression which is very unhealthy for them.

The Pope tells the African bishops that violence against women harms

society. Also, the law protects the family as a very important institution.

Everything starts at home. Eventually, this can affect other families since we live

as a community. We influence each other and afterwards, the whole society. Pope

Francis (2014) said that, “Declining birth rates, abortion, leaving the Catholic

Church for “other groups who seem to promise something better,” divorce and

“violence against women and children” all “threaten the sanctity of marriage, the

stability of life in the home and consequently the life of society as a whole,” the

pope said in a message to the bishops. This will make us think twice before doing

anything that we want which is contrary to the betterment of our society.

According to the SALIGAN, there is a Filipina victim of abuse in every

two hours. Considering the density of population in the Philippines, narrowing it

SAN SEBASTIAN COLLEGE- RECOLETOS, MANILA PAGE 11

to Manila alone, there would be approximately thousands of women who could be

in the hands of a violator.

The research study wants to know how much women in Barangay

Marulas, Valenzuela City are subject to violence and abuse. Also, the study aims

to know if the women in the area are aware of their rights and if they feel

empowered to protect themselves from such abuse. Under the VAWC, barangays

are not allowed to mediate between a husband and wife, but because of a lack of

awareness of VAWC provisions, they often encourage reconciliation.  There have

been reports of asides made by barangay officers blaming the woman for being

beaten because she failed to cook dinner, condoning the act of violence. This in

turn seriously undermines the law. 

In relation to the research study, the knowledge of the public as regards to

RA9262 is not thorough. Some people don’t even know what the law covers.

Though it can be assumed that there are a people who don’t know RA9262 at all,

it is very disturbing to learn that even public officers are not informed or

knowledgeable of such law. Thus, the study that the researcher are conducting

would determine the depth of understanding of the respondents with regards to the
SAN SEBASTIAN COLLEGE- RECOLETOS, MANILA PAGE 12

Violence against Women and Children Law. Since some barangay officers do not

even know the context of the Law, it is but evident that there are women who

have been subject to abuse and was not given a proper treatment and/or solution

to their cases.

This study proposes that if women are knowledgeable of such law, crimes

related to VAWC can be alleviated because women will be empowered and be

armed with necessary ways and steps on how to protect themselves from the

violence and abuses that perpetrators can cause them. Local departments and

segments such has the Women’s Desk should reach out to women by conducting

seminars in barangays.
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CHAPTER 2
REVIEW OF RELATED LITEREATURE

Foreign Literature

Violence against women (VAW) is a worldwide issue that nations had

historically failed to substantially address until the United Nations (UN)
brought it to the surface and campaigned for its elimination through the
1981 Convention on the Elimination of All Forms of Discrimination Against
Women.
Generally, VAW is any act of gender-based violence that results or is
likely to result in physical, sexual or psychological harm or suffering to
women, including threats of such acts, coercion, or arbitrary deprivations of
liberty, whether occurring in public or private life. It comes as an expression
of power domination over women at individual or societal levels. Central to
this are the biases of power and gender relations.
Jose Antonio Reyes’ 2012 “Women’s Issues: Legislative Advocacy for a
New Anti-Rape Law”, explained that Violence Against Women (VAW) is
manifested in various forms including domestic violence, rape, forced
marriage, trafficking of women and girls, forced prostitution, female genital
mutilation and compulsory sterilization and abortion. These forms show that
VAW happens at various stages of women’s lives, irrespective of race, culture,
religion, sexual orientation, wealth, or location. In the Philippines, VAW is
just as pervasive elsewhere, occurring most often within the bounds of
intimate relationships, such as in the family, the household, or in dating
relationships.
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According to Mary Ann E. Caparas and Mauro Allan P. Amparado in

“Women's Awareness on the Law on Anti-Violence Against Women and their
Children”, the Anti- Violence Against Women and Their Children Act of 2004
is the result of a decade of advocacy of victim-survivors, women’s human
rights advocates and organizations, women legislators, government agencies
and the National Commission on the Role of Filipino Women. They explained
the broad definition of VAW in the law as it was patterned after the
Declaration on the Elimination of Violence Against Women, as referring to
“any act or 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.” It covers all forms of violence, such as physical, sexual, psychological,
and economic. The law is gender-specific, protecting the rights of women
only and their children. Moreover, only women may file actions under the
Anti-VAWC Act, while the offenders may either be men or women with whom
the victims are or were in lesbian relationships, because the definition
includes past or present sexual or dating relationships.
The United Nations Committee on the Elimination of Discrimination
Against women provides that women and their children are protected by
law. “Children” means the children of the abused woman, below 18 years
old, legitimate or illegitimate, or 18 years old and above who are incapable of
taking care of themselves, including children who are not her biological
children but who are under her care. Those liable for these acts are
husbands, former husbands, present and former boyfriends or live-in
partners, those with whom the woman has a common child, or anyone with
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whom has/ had sexual or dating relationship. Sexual relationship refers to at

least single sexual act.
Violence against women in Asian countries say that “Gender
Inequality and Vulnerability are Risk of Violence” that are based on
traditional, economic, social and cultural factors. The major characteristics of
women are that they are in the structurally weaker position in all societies:
educationally, occupationally, and economically. This almost guarantees their
economic dependency on men and/or poverty. On the other hand, being born
female ensures a double struggle to access basic services. Because gender
bias is a social and cultural construction, it has existed since the men and
women were young. This unquestioned gender inequality, especially in terms
of the gender role difference between men and women can influence and
even attract violence.

Violence Against Women (VAW) according to the United Nations

Declaration on the Elimination of Violence Against Women, includes but not
limited to:

1. Physical, sexual, and psychological violence occurring in the family,

including battering, sexual abuse, marital rape, female genital mutilation, and
other traditional practices harmful to women, non-spousal violence and
violence related to exploitation;
2. Physical, sexual, and psychological violence occurring in the general
community, including rape, sexual abuse, sexual harassment, and
intimidation at work, in educational institutions and elsewhere, trafficking in
women and forced prostitution; and
3. Physical, sexual, and psychological violence perpetrated or
condoned by the State, wherever it occurs.
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Violence against Women (VAW) assumes many forms. It could be

physical, sexual, economic, and emotional or psychological abuse.
Physical violence is what everyone sees. When a woman experiences
physical abuse in a relationship, society sees the bruises, cuts or broken
bones. These are the surface signs of abuse and only one part of what makes
up domestic violence. It may include slapping, pushing, kicking, punching,
burning, choking, throwing objects at a person to make them do something
or any physical action that causes hurt. Sexual abuse violates the woman’s
being through the use of sexual acts or any behavior, which is sexual in
nature. The abuser forces or coerces the woman to engage in sex or any she
finds unacceptable. Economic abuse uses money or an economic situation to
reinforce the domination of men, generally, over the victim creating an
environment which is disadvantageous and in violation of the victim’s peace
of mind. This may include denial or withdrawal of financial support. Lastly,
psychological abuse is defined as the use of threat, intimidation, and verbal
abuse which disturbs the victim’s psychological and emotional balance,
disrupting her normal behavior and functions. Insults and threats may fall
under this form of abuse.
Worldwide, one of the most common forms of violence against women
is abuse by their husbands or other intimate male partners. Partner violence
occurs in all countries and transcends social, economic, religious, and
cultural groups. Although women can also be violent and abuse exists in
some same-sex relationships, the vast majority of partner abuse is
perpetrated by men against their female partners.
Domestic violence is the most endemic form of gender violence. Abuse
and lack of care all contribute to maternal and perinatal mortality –
pregnancy may be a trigger both for abuse and suicide attempts. Domestic
violence has also a negative impact in children within the household who are
at increased risk of becoming perpetrators or victims of violence in later life.
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Childhood violence can also lead to social problems including street children,
child delinquency and child prostitution.

Foreign Study

Violence Against Women and Children across the Globe, in nearly 50

population based surveys from around the world, 10% to over 50% of
women report being hit or otherwise physically harmed by an intimate male
partner at some point in their lives.
Physical violence in intimate relationships almost always is
accompanied by psychological abuse and, in (1/3 to ½) one-third to over
one-half of cases, by sexual abuse. For example, among 613 abused women in
Japan, 57% had suffered all three types of abuse physical, psychological, and
sexual. Only 8% had experienced physical abuse alone.
On the recent study conducted by United Nations Entity for Gender
Equality and the Empowerment of Women a 2017 global review of available
data, 35% of worldwide women have experienced either physical or sexual
intimate partner violence in their non-partner sexual violence and national
violence studies show that up to 70% of women have experienced physical or
sexual violence in their intimate lifetime partner. On average, 30% of women
who have been in a relationship report that they have experienced some
form of physical or sexual violence by their partner. Globally, as many as
38% of murders of women are committed by an intimate partner and Up to 7
in 10 women around the world experience physical and/or sexual violence at
some point in their lifetime 603 million women live in countries where
domestic violence is not yet considered a crime. As many as 1 in 4 women
experience physical or sexual violence during pregnancy.
In Monterrey, Mexico, 52% of physically abused women had also been
sexually abused by their partners. In Leó n, Nicaragua, among 188 women
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who were physically abused by their partners, only 5 were not also abused
sexually, psychologically, or both. Most women who suffer any physical
aggression generally experience multiple acts over time. In the Leó n study,
for example, 60% of women abused in the previous year were abused more
than once, and 20% experienced severe violence more than six times.
Among women reporting any physical aggression, 70% reported severe
abuse. The average number of physical assaults in the previous year among
currently abused women surveyed in London was seven; in the US in 2002,
five.
In surveys of partner violence conducted by United Nations in the
year 2012, women usually are asked whether or not they have experienced
any of a list of specific actions, such as being slapped, pushed, punched,
beaten, or threatened with a weapon. Asking behavioral questions for
example, has your partner ever physically forced you to have sex against
your will? Yields more accurate responses than asking women whether they
have been abused or raped. Surveys generally define physical acts more
severe than slapping, pushing, shoving, or throwing objects as severe
violence. Measuring acts of violence does not describe the atmosphere of
terror that often permeates abusive relationships. For example, in Canada's
2000 national violence survey one-third of women who had been physically
assaulted by a partner said that they had feared for their lives at some point
in the relationship. Women often say that the psychological abuse and
degradation are even more difficult to bear than the physical abuse. A study
in Rakai, Uganda, revealed that 14% of young women reported that their first
sexual intercourse had been coerced. As such, coerced sexual intercourse is
an important social and public health problem that has potentially serious
repercussions for young women’s reproductive health and well-being.
Interventions to improve adolescentwomen’s reproductive health should
directly address the issue of sexual coercion.
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In Colombia, 55% of women at least one unintended pregnancy and

38% had been physically or sexually abused by their current or most recent
partner. Accordingly, eliminating intimate partner violence in Colombia
would result in an estimated 32,523 – 44,986 fewer unintended pregnancies
each year. These findings indicate the need to include intimate partner
violence screening and treatment in reproductive health programs, to
promote men’s involvement in fertility control programs, and to improve the
social and political response to intimate partner violence.
Altogether, 34% of women and 18% of men had ever been hit during
their current relationship as reported in China. The prevalence of hitting
resulting in bleeding, bruises, swelling, or severe pain and injuries was 12%
for women and 5% for men. Significant risk factors for partner violence
included sexual jealousy, patriarchal beliefs, low female contribution to
household income, low male socio-economic status, alcohol consumption and
residence in regions other than the South and Southeast Asia. Even in Kenya,
among the sexually experienced respondents in one study, 21% of females
and 11% of males had experienced sex under coercive conditions. Most of the
perpetrators were intimate partners, including boyfriends, girlfriends and
husbands. Husbands, boyfriends, ex-husbands or ex-boyfriends have been
responsible for over 70% of reported cases of physical or sexual violence
against pregnant women, reaching 87% in a sample of Hispanic origin. Other
possible aggressors are relatives and friends but rarely a stranger. Thus, in
most cases the victim has or has had a close relationship with the aggressor.
Violence committed by a male partner seems to have a more frequent and
continuous pattern than that inflicted by others.
World Health Organization Multi-country study on “Women’s health
and domestic violence against women" (2005) in 5 mainly developing
countries found that, among women aged 15-49, between 15% of women in
Japan and 71% of women in Ethiopia reported physical and/or sexual
SAN SEBASTIAN COLLEGE- RECOLETOS, MANILA PAGE 20

violence by an intimate partner in their lifetime and between 0.3–11.5% of

women reported experiencing sexual violence by a non-partner since the age
of 15 years. The first sexual experience for many women was reported as
forced 17% in rural Tanzania, 24% in rural Peru, and 30% in rural
Bangladesh.
Worldwide, almost one third (30%) of all women who have been in a
relationship have experienced physical and/or sexual violence by their
intimate partner, in some regions this is much higher. International studies
reveal that approximately 20% of women report being victims of sexual
violence. Violence among young people, including dating violence, is also a
major problem. In Australia, the International Violence Against Women
Studies Institute was conducted a study between December 2012 and June
2013. A total of 6,677 women aged between 18 and 69 years participated in
the survey, and provided information on their experiences of physical and
sexual violence. This report describes the type of violence (including threats
of violence) by current and former intimate male partners, other known
males, such as relatives, friends and acquaintances, and strangers.
Studies have found that rates of women suffering physical violence
perpetrated by a current or former intimate partner range from 6 percent
(6%) in China and 7 percent (7% )in Canada to over 48 percent(48%) in
Zambia, Ethiopia and Peru. Several global surveys suggest that half (1/2) of
all women who die from homicide are killed by their current or former
husbands or partners. In Australia, Canada, and Israel 40 to 70% of female
murder victims were killed by their partners.
In the United States, one-third of women murdered each year are
killed by intimate partners. In South Africa, a woman is killed every six hours
by an intimate partner. In India, 22 women were killed each day in dowry-
related murders in 2007. In Guatemala, two women are murdered, on
average, each day (United Nations Population Fund (UNFPA) 2002). VAW is
SAN SEBASTIAN COLLEGE- RECOLETOS, MANILA PAGE 21

present in most societies but it often goes unrecognized and unreported, and
is accepted as part of the nature of things. Most violence against women
takes place within families and the perpetrators are almost exclusively men,
usually partners, ex-partners or other men known to the woman. Although
reliable data on the prevalence of violence against women by their partners
are scarce, especially in developing countries, a growing body of research
confirms its pervasiveness .
The Declaration on the Elimination of Violence against Women,
adopted by the United Nations General Assembly in 1993, testifies to the
international recognition and understanding that violence against women is
a violation of human rights and a form of discrimination against women. The
Platform for Action, adopted by the Fourth World Conference on Women
held in Beijing in 1999, identified violence against women as one of the 12
critical areas of concern requiring special attention of governments, the
international community, and civil society. During its forty-second session in
1998, the United Nations Commission on the Status of Women proposed
further action and initiatives to be taken by member states and the
international community to end violence against women, including the
mainstreaming of a gender perspective in all relevant policies and programs.
Among the agreed conclusions of the session were measures to support the
work of non-governmental organizations, to combat all forms of trafficking in
women and girls, to promote and protect the rights of migrant workers,
especially women and children, and to encourage coordinated research on
violence against women.

Local Literature

Prior to the passage of the Anti-VAWC Law, there was no punitive

legal sanction against VAW other than the Revised Penal Code, which limited
SAN SEBASTIAN COLLEGE- RECOLETOS, MANILA PAGE 22

the offences that could be prosecuted to physical injuries, attempted or

frustrated parricide, and attempted or frustrated homicide. Since the term
“battering” was legally not recognized, the offence fell under the category of
“Physical injuries”. Filipino women could not charge their husbands with
verbal, emotional, psychological, or economic abuse such as deprivation of
support because these were not legally recognized as crimes. There was no
offense of “sexual harassment”, only “acts of lasciviousness”. Rape was
considered a “crime against chastity” until amended in 1997 as a “crime
against persons”. Its classification as a crime against chastity reflected
widely held gender bias and stereotypes about rape, with women having to
prove in court that they were “chaste” or “virgin” so that judges would
consider prosecuting the perpetrator.

Due to these deficiencies, advocates and enforcers were at loss on

how to deal with gender-based violence. Since domestic violence had no clear
definition in law, investigators, prosecutors, and judges had difficulty trying
cases. Cases were frequently dismissed because victims often withdrew their
complaints for various reasons, foremost of which was their economic
dependence on their husbands. Police enforcers shield away from
responding to cases of domestic violence, since they viewed domestic abuse
as a private matter. Barangay officials have similar mindsets, often advising
the couples to reconcile and reunite for the benefit of children.

Hunt and Sta. Ana-Gatbonton’s “Filipino Women and Sexual Violence:

Speaking Out and Providing Services in Sexual Violence in a Gender, Cultural
and Human Rights Framework” explained that, in the Philippines, as in most
other countries, women do not enjoy effective equality with men, even
though there are legal provisions for formal equality between the sexes. For
instance, the Philippine Constitution prescribes that the state shall ensure
SAN SEBASTIAN COLLEGE- RECOLETOS, MANILA PAGE 23

that women enjoy fundamental equality with men before the law. In reality
patriarchal culture pervades all national institutions, including the
household. Women are generally disadvantaged, because the Philippines is a
developing country with a weak political system that cannot enforce formal
rules that contravene informal ones. Moreover, women’s issues are lost in the
welter of other more pressing issues such as poverty, corruptions, ineffective
bureaucracy, and armed conflict. They further explained, compared to their
situation in other developing countries, however, women in the Philippines
fare better. Education figures across decades have mostly been higher for
women than for men. Filipino women have long been afforded the right to
vote and run for office, own and inherit property, travel and seek
employment, among other things. They hold positions of power both in the
government and the private sector, and uniquely among countries, the
Philippines has had two female presidents.

However, Maria Rowena Villena Guanzon in “Laws on Violence Against

Women in the Philippines. Expert paper in Expert Group Meeting on Good
Practices in Legislation on Violence Against Women“ reiterated that the belief
of Filipinos display matriarchal tendencies attributed to women having the
power of the purse, a privilege said to be held by women before the Spanish
conquest has been challenged by empirical studies, as has the assertion that
the status of Filipino women improved markedly as a result of American
Influence. Philippine history, religion, and culture have traditionally
designated women as subordinate to men. Islamic and Catholic colonial
influences, which are both male-centric, perpetuated the lower status of
women in Philippine society. She explained the value placed on virginity until
marriage and sex only for procreation reflects the Catholic beliefs of most
Filipinos, as does the belief that the husband is the head of the household and
has absolute authority over his wife and children. These values have
SAN SEBASTIAN COLLEGE- RECOLETOS, MANILA PAGE 24

consequences for women who experience sexual assault and domestic

violence, such as the reluctance to report rape or incest, and the tendency to
stay in untenable relationships even if they are at risk. They also partly
explain the fear, shame, and guilt that overwhelm victims of these crimes.
Social pressure to keep the family together also prevents women from
leaving.
In the Philippines, the role of women during Pre-Hispanic Era, were
given importance, they could even hold high characters in communities like
healers, priestesses (babaylan), and they could even handle leadership roles
and fight as warriors. As part of the line for the heir and heiresses of a Datu,
his daughter could be one of the choices. Men and women were treated
equally, they had equal rights. Women had the right to inherit property and
they also had important parts in business and trading. They would weave, do
pottery and make jewelries to be used for exchanging in the market, in other
tribes and other foreign traders like the Chinese. They controlled the
operations of transactions because their husbands were not allowed to
barter unless their wives approved. Also, during the pre-colonial period, one
of the first few things a man would learn is that he should always respect
women.

Disrespecting women was unthinkable, if a man does not show

respect to a woman, he would be labelled negatively by the society. Filipino
women had the power to decide for themselves, they controlled how
they lived. They enjoyed equal status with men, were known for their
wisdom and knowledge, and enjoyed the privileges of human rights (Dianne
& Saldu, 2012).
The glorious years of the women were destroyed when the Spanish
arrived during the 16thcentury. They brought with them their own idea of
what a woman is and where she is supposed to be placed in society. From
SAN SEBASTIAN COLLEGE- RECOLETOS, MANILA PAGE 25

men and women being equal, women were turned into objects of
suppression. By this time, education in the Philippines had been altered and
was based on Catholicism. Priests stood as the educators and during this time
education is only prioritized and available for men. Although some women
were able to attend some vocational schools, most were not given an
opportunity to an education because the church and the government
believed that women should only stay at home. Thus, the role of the woman
became attached to the home; her duty was to become an obedient and
respectful daughter, a good wife and mother. The freedom of women was
suppressed because the Spaniards realized that women in the Philippines
were very important and was regarded highly and that fact scared them. It
was different from what they were used to, coming from a land where
patriarchy ruled and men were the stronger ones. (Virola, M. (2007).

The ideal woman for the Spaniards is someone who is overly religious,
submissive, and obedient. The typical “Maria Clara” that refers to “mahinhing
dalaga” stereotype. Women can no longer loiter around, run along the
meadows, and swim in rivers or climb trees as children. The real Filipina was
replaced by the ideal woman dictated by the Spaniards. During the Spanish
occupation the woman being subordinate was instilled, men rising as the
dominant gender, establishing a patriarchal society that has prevailed and
surpassed generations, and is now the prevalent type of society that we
follow. The Philippines was controlled by the Spaniards and the Catholic
Church. Women were no longer allowed to hold high positions and
participate in political activities. She was even snatched of her right to
express her thoughts being instructed to stay within the shadows with her
lips sealed. (Tujan, A. (2003).
SAN SEBASTIAN COLLEGE- RECOLETOS, MANILA PAGE 26

As the Spaniards tried to reduce in importance the role of the woman,

the fury and passion that runs in the Filipina blood would never allow this to
happen. Pride and honor was definitely worth fighting for and some women
repudiated the Spaniards’ way and concept of treating women like Gabriela
Silang and Gregoria de Jesus were some of the prominent FIlipina icons of the
revolution. Gabriela Silang took over the rebellion in Ilocos when her
husband Diego Silang died.  She fought for freedom from the Spaniards until
she was captured and beheaded on September 20, 1763 in Vigan, Ilocos Sur.
Gregoria de Jesus fought alongside her husband Andres Bonifacio as a
member of theKatipunan. She was regarded as the “Mother of Philippine
Revolution”.  She was also the first Filipina that was able to decipher the code
of the Katipunan. They are only one of the Filipino women who were
enslaved when the Spaniards came, along with the country where she lived
in. (2007). 101 Filipino icons. Quezon City: Adarna House).

Local Study

Republic Act 9262 of 2004 also known as Anti-Violence against

Women and their Children is the law penalizing acts of violence against
women and their children as a public crime. These acts include physical
violence, sexual violence, psychological violence and economic abuse.
Violence against women and their children or “VAWC” under the law 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 relationships, or with whom he has a common child, or
against her child whether legitimate or illegitimate, inside or outside the
family residence, which result or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse. It includes threats of the
SAN SEBASTIAN COLLEGE- RECOLETOS, MANILA PAGE 27

above acts, battery, assault, coercion, harassment or arbitrary deprivation of

liberty.
It was signed into law on March 8, 2004 by President Gloria
Macapagal-Arroyo and it provides for Protective Measures for victims,
prescribes penalties and raises the awareness to end VAW in the society. This
law extensively defines acts of violence against and women and their
children and provides penalties for them. It also makes violence against
women and their children (VAWC) a public crime.
The RA 9262 also includes provisions for Protection Orders from the
barangay and the courts to prevent further acts of VAWC from being
committed. Furthermore, the law defines the duties and responsibilities of
local government officials, police officers, social workers, and health care
providers, in responding to complaints for VAWC (Violence against Women
and Children) or requests for assistance. Since 2002, the Philippine
government has been actively joining the 16 days of activism against
GENDER-BASED VIOLENCE (Gender-based violence means that 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) that is being observed globally from November
25 to December 10. The campaign calls for the elimination of all forms of
violence against women through awareness-raising about gender-based
violence, strengthening local work and establishing a clear link between local
and international work to end VAW (Violence against Women) among other
undertakings.
In 2006, through Presidential Proclamation 1172, the Philippine
campaign was extended to 18 days, to include December 12 which is known
as the Anti-Trafficking in Persons Day. The country’s commitment was
strengthened as President Benigno S. Aquino III signed Republic Act 10398
declaring November 25 of every year as the “National Consciousness Day for
SAN SEBASTIAN COLLEGE- RECOLETOS, MANILA PAGE 28

the Elimination of Violence Against Women and Children. (Department of

Social Welfare and Development 2012). The 2008 National Demographic
and Health Survey (NDHS) revealed that one in five women aged 15-49 has
experienced physical violence since age 15. It added that four percent (4%)
of women who have ever been pregnant have experienced physical violence
during pregnancy. It also revealed that women with higher levels of
education and those from wealthier households are less likely to report
having experienced physical violence. The survey also reported that one-fifth
or 18% if women who have ever been married have experienced physical or
sexual abuse by a husband. Pushing, shaking, and slapping, are the most
commonly reported forms of physical violence.
According to NDHS, Women from the poorest households are most
likely to experience physical or sexual violence by their spouse. Almost half
or 49% of women whose husbands get drunk very often report that they are
victims of physical or sexual violence. From January to September 2013, the
Philippine National Police (PNP) – Women and Children Protection Center
(WCPC) documented a total of 11,158 violations of Republic Act (RA) 9262 or
the Anti-Violence Against Women and Their Children Act of 2004 (VAWC)
nationwide. Among the four VAWC categories, physical Abuse tops the rank
with 5, 728 (57%) reported cases. It is followed by psychological Abuse with
2,031 (20%); economic Abuse with 1,483 (15%) and sexual abuse with 734
(7%) reported cases. Among the 16 regions in the Philippines excluding
ARMM, Region VII (Central Visayas) is the number one region with the most
number of reported VAWC cases at 2,762 (28%). Region VI (Western
Visayas) comes in second with 1,704 (17%) followed by Region XI (Davao
Region) in third with 1,123 (11%). This can mean that women in these
regions have become more courageous in reporting abuses to authorities.
The least number of reported VAWC cases for the same period was recorded
in Region II (Cagayan Valley) with 318 (3%) cases only. It is followed by
SAN SEBASTIAN COLLEGE- RECOLETOS, MANILA PAGE 29

Region VIII (Eastern Visayas) with 490 (5%) cases and Region XII
(SOCCSKSARGEN).
The consolidated reports of Department of Interior and Local
Government (DILG) as of September 2013 and PNP (Philippine National
Police) as of August 2013 also provides information on the different actions
taken by concerned agencies on the reported VAWC cases, among which is
the referred to Philippine National Police (PNP) which ranks first with 3,439
(29%) referrals. It is followed by Referred for MedicalTreatment with 3,163
(26%) referrals; Referred to LSWDO with 3,671 (22%) referrals; Issued BPO
with 1,744 (15%) issuances; and Referred to Court with 930 (8%) referrals.
The Region VII (Central Visayas) is the top region with the most number of
actions taken on the reported VAWC cases with 3,220 (27%). Region VI
(Western Visayas) is next with 1,960 (16%) actions taken and Region XI
(Davao Region) in third with 1,643 (14%) actions taken. The top three
regions with the least number of actions taken on reported VAWC cases were
Region X (Northern Mindanao) with only 541 (5%) actions taken followed by
Region IX (Zamboanga Peninsula) with 675 (5.6%) and Region II (Cagayan
Valley) with 737 (6.2%) actions taken. (Philippine Commision on Women,
2013).
Since its enactment in 2004, the Anti-VAWC Law (Republic Act 9262)
has been increasingly used to report acts of domestic violence to the
Philippine National Police, with the number of cases reported under RA 9262
rising from 218 in 2004 to 20,974 in 2013. Experts suggest that VAWC
incidence trend is inconclusive and cannot be used to fully capture the
impact of the law. the increasing trend may be attributable to the massive
information campaign on the law and its implementation, meaning more
women are reporting abuses because of the legal protection accorded, but
what is telling according to women’s rights advocates is that VAWC victims
finally have recourse to remove themselves from their oppressive situations,
SAN SEBASTIAN COLLEGE- RECOLETOS, MANILA PAGE 30

and they are actually taking advantage of this legal mechanism available to
them. while the law or its implementation need to be improved, women
advocates still consider the passage of the law a landmark success.
CHAPTER 3
METHODOLOGY
This chapter illustrates the method and procedures the researcher
used for them to gather information and ideas about the study. The research
design, instruments, methodology and respondents of the study are
described in this chapter.
Research Design
The researcher used a qualitative and descriptive style of gathering
data. The researcher explored issues of the study, understand the situation
through the information gathered and compared the results.
The researcher used this kind of research to obtain first hand data
from the respondents so as to formulate rational and sound conclusions and
recommendations for the study. This descriptive approach is quick and
practical in terms of gathering data. This method can use either qualitative or
quantitative data or both, giving the researcher greater options in selecting
the instrument for data-gathering. The aim of descriptive research is to
obtain an accurate profile of the people, events or situations. With this
research type, it is essential that the researcher already has a clear view or
picture of the phenomena being investigated before the data collection
procedure is carried out.
The research will use those female residents who are victims of
Domestic Violence which is in the Barangay name list of records, that those
female have experience the Domestic violence in Barangay Marulas,
Valenzuela City to gather relevant data regarding to the awareness of the
programs and services of Violence Against Women in the said Barangay.
The descriptive method is then appropriate as this can allow the
SAN SEBASTIAN COLLEGE- RECOLETOS, MANILA PAGE 31

identification of the similarities and differences of the respondents’ answers.

For this research, the data will be gathered through the Focus group
Discussions (FGD) and the Informant-in-depth interview (IDI).
This qualitative study validated the reports on the VAW incidents
experienced by vulnerable women in Barangay Marulas, Valenzuela City. The
researcher opted to use the qualitative approach than the quantitative
approach due to its significant advantages. No manipulation of the research
setting is necessary with this method; rather than employ various research
controls such as in experimental approaches, the qualitative data gathering
methods are only centered on the assessment of awareness of the programs
and services of Republic Act 9262 Anti-Violence against Women. Aside from
these advantages, researchers use qualitative data-gathering tools as some
previous researchers believe that qualitative data are particularly attractive
as they provide rich and well-grounded descriptions and explanations as well
as unforeseen findings for new theory construction. It employs surveys,
Focus Groups Discussion and Key Informant in-depth interview. The first
method was used to gather the knowledge of residents in Barangay Marulas,
Valenzuela City regarding on (Violence Against Women) VAW while the FGD
(Focus Groups Discussion) and IDI (Informant in-depth interview) will be
employ to probe the experiences of the VAW victims.

Research Instruments

The research instruments used in this study is for collection of

information and comparative analyzing of all the information until the
researcher would be able to give a final and credible conclusion. It is usually
used in qualitative and comparative reports. Research instruments of the
researcher are electronic devices like laptops and iPad, published books,
pdfs, ibooks, ebooks, and articles from the internet.
SAN SEBASTIAN COLLEGE- RECOLETOS, MANILA PAGE 32

Construction of the Instruments

The researcher will conduct a thorough research on the statistical
report on the cased filed and incidents reported re ------ since it was enacted
on 2004 up to the present.

Validation of the Instruments

The researcher shall compare and contrast various statistical reports

from the reports through the internet to validate the accuracy of the
statistical report gathered, the one most accurate will be used for this
research.

Data Collection Procedure

The researchers gathered the information on random procedures:

The data for this research will be collected through an Informant-in
depth- interview that will be conducted in Barangay Marulas, Valenzeuala
City. The interview guide questions comprises different questions regarding
Violence against Women, which are related to the participants’ knowledge
and experiences regarding to the existing law of Violence against women in
their barangay. It was used to determine the data and information that
researchers needed in the study.
Researchers will translate the questions from English to Filipino for
the convenience of the participants because they can barely understand the
questions given and were able to participate in the interview.
All data gathered from all the research were combined, compared and
studied by the researcher. A conclusion based on the analysis of the data
SAN SEBASTIAN COLLEGE- RECOLETOS, MANILA PAGE 33

gathered is the final steps that the researcher will do, the conclusion will be
guided by the theoretical framework of the study.
With these procedures, the researcher gave a final conclusion,
answering the problems of the study with credible and reliable information,
for furtherance of knowledge of the future readers.