Republic Act No.

9262 Anti-Violence Against

Women and their Children Act of 2004

VIOLENCE AGAINST WOMEN AND THEIR CHILDREN

Any act or a series of acts by any person against the woman covered by this Act 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.

Scope:
1.

Women VS.

2. Their children legitimate Illegitimate Children under her care or custody -within or without the family abode

Husbands Former husbands Boyfriends/partners Those whom they have a common child Has or had sexual or dating relationship

Acts Punishable:
I. II. III. IV.

Physical Violence Sexual Violence Psychological Violence Economic Abuse

PHYSICAL VIOLENCE

Physical Injuries SEXUAL VIOLENCE

-Any act which is sexual in nature committed against a woman or her child - Includes rape,*(N.B. see Section 5 [g])sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, etc.

PSYCHOLOGICAL VIOLENCE

1. 2. 3. 4.

Acts or omissions causing or likely to cause mental or emotional suffering including: Stalking Damage to property Repeated verbal abuse Marital infidelity

ECONOMIC ABUSE

1. 2.

3.

4. 5.

Acts that make or attempt to make a woman financially dependent Includes: Withdrawal of financial support Preventing her from engaging in a legitimate profession, business or activity Deprivation or threat of deprivation of financial resources Destroying household property Controlling victims own money or properties

Reliefs Given:

Protection Orders 1. Barangay Protection Order 2.Temporary Protection Order 3. Permanent Protection Order Battered Women Syndrome--women found with BWS do not incur criminal liability Protective custody of the abused child by the DSWD even in the absence of PO (IRR)

PROTECTION ORDERS

An order issued for the purpose of preventing further acts of violence against a woman or her child and granting other necessary relief. - Purpose: to safeguard the victim from further harm, minimizing any disruption in the victims daily life and facilitating the opportunity and ability of the victim to independently regain control over her life.
-

Who May File for Protection Orders

Offended Party Parents or guardians Ascendants, descendants, collateral relatives within 4th degree of consanguinity or affinity Social workers of DSWD or LGUs Police Officers 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. WHERE? -RTC, MTC MCTC with territorial jurisdiction over the place of residence of the petitioner, except if there is family court

Barangay Protection Order

Issued by Punong Barangay (PB) ex parte Effective for 15 days only Ordering perpetrator to desist from committing physical harm or threatening the woman or her child Prohibiting perpetrator from harassing, annoying, telephoning, contacting or otherwise communicating with the victim survivor, directly or indirectly (IRR)

Kagawad can issue if Punong Barangay (PB) is not available but must include attestation that the Punong Barangay is unavailable at the time of the issuance of the BPO
Punong Barangay or kagawad, law enforcers and other government agencies shall not mediate or conciliate or influence the victim-survivor/petitioner on a protection order to compromise or abandon the relief sought (IRR)

Personal service of the BPO by the Punong Barangay or Barangay Kagawad or any brgy. Official (IRR) BPO deemed served by receipt by respondent or any adult who received at the address of respondent (IRR) Refusal to receive BPO: leave copy of the BPO at the said address in presence of two (2) witnesses (IRR)

Server of the BPO will issue certification re manner, place, date of service including reasons why the BPO remain unserved (IRR) BPO issued free of charge (IRR) PB or Brgy. Kagawad shall assist in the filing of the TPO or PPO with the nearest court in the place of residence of petitioner (IRR) Barangay shall ensure transportation and other expenses for indigent petitioner (IRR)

BP or Kagawad or Barangay Secretary shall record all BPOs in a logbook specifically for VAWCs which shall be kept confidential form the public especially the media (IRR) Shall submit quarterly report of all BPOs issued to the local office of the DILG which shall submit summary report of the BPOs issued to the Secretariat of the IAC VAWC (IRR)

Enforceable within the barangay (IRR) Shall furnish a copy of all the BPOs to the PNP Womens and Childrens Desk which shall enter the same in a logbook (IRR) Violation of the BPO--- filed with the MTC, MeTC, MCTC which has territorial jurisdiction of the barangay which issued the BPO

Primary responsibility of barangay officials (PB or Kagawad) to initiate complaints for violation of BPOs (IRR) Refusal of PB or Kagawad to file complaint for violation of a BPO, victim shall file complaint and admin., civil, criminal action vs. barangay official concerned Protection order shall include the following statement printed in bold-faced type or capital letters: VIOLATION OF THIS ORDER IS PUNISHABLE Priority over all other cases Failure to act---administrative liability

Temporary Protection Order

Issued by the court on the day of filing Ex parte Priority over all other cases Effective for 30 days; extendible Enforceable anywhere in the Philippines Violation: fine of P5,000 to P50,000 and/or imprisonment of six (6) months

Permanent Protection Order

Issued after notice and hearing Priority over all other proceedings (such as election cases, habeas corpus etc.) Effective until revoked by the court upon application of the person whose favor the order was issued Enforceable anywhere in the Philippines Violation: P5,000 to P50,000 and/or imprisonment of six (6) months Violation shall constitute contempt of court

Battered Woman Syndrome (BWS)

BWS-scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. Victim with BWS do not incur criminal liability or civil liability; A victim with BWS is not disqualified from having custody of her children Perpetrator of woman with BWS shall not have custody Court shall be assisted by expert psychiatrists/psychologists in the determination of the state of mind of victim-survivor

THANK YOU.