Beruflich Dokumente
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To fulfill our international To provide legal protection to
commitments and our women and children from
Constitutional mandate various forms of abuse in
intimate relationships
WHAT IS THE ANTI-VAWC LAW?
• It is the law that penalizes acts of violence against women and their
children and treats it as a PUBLIC CRIME.
• Acts of violence include physical violence, sexual violence,
psychological violence and economic abuse.
• A Public Crime is a public offense which may be prosecuted upon the
filing of a complaint by ANY CITIZEN HAVING PERSONAL
KNOWLEDGE of the circumstances involving the commission of the
crime.
WHAT IS VIOLENCE AGAINST WOMEN AND
CHILDREN?
• 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.
WHO ARE PROTECTED BY THE ANTI-VAWC
ACT?
1. the woman
FORMER or EX-HUSBANDS
MEN WITH WHOM the WOMAN HAS A COMMON CHILD (includes rapist)
SEXUAL VIOLENCE
ACTS
INCLUDED IN PSYCHOLOGICAL VIOLENCE
VAWC ECONOMIC ABUSE
Sexual Harassment
Acts of lasciviousness
includes, but Physically attacking the sexual parts of the victim’s body
not limited to: Forcing her/him to watch obscene publications and indecent shows
Forcing the woman or her child to do indecent acts and/or make films thereof,
Forcing the wife and mistress/lover to live in the conjugal home or sleep together in
the same room with the abuser;
Acts causing or attempting to cause
the victim to engage in any sexual
activity by force, threat of force,
physical or other harm or threat of
physical or other harm or coercion;
SEXUAL
VIOLENCE
Prostituting the woman or child
PSYCHOLOGICAL VIOLENCE
Placing Placing the woman or her child in fear of imminent physical harm;
PROHIBITED ACTS
(Sec. 5)
•… the woman or her child to engage in conduct which
Attempting the woman or her child has the right to desist from
to compel or
compelling … or desist from conduct which the woman or her child
has the right to engage in,
Depriving or the woman or her children of financial support legally due her or her family, or deliberately providing the woman's children
Threatening to Deprive insufficient financial suppor
Preventing the woman in engaging in any legitimate profession, occupation, business or activity; or
Controlling the victim's own mon4ey or properties, or solely controlling the conjugal or common money, or properties
This shall include, but not limited to, the following acts
committed with the purpose or effect of controlling or
restricting the woman's or her child's movement or conduct:
in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological
Engaging distress to the woman or her child. Such as:
Peering in the window or lingering outside the residence of the woman or her child;
Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;
Less Serious Physical Injuries Prision Mayor (6 months & 1 day to 6 years)
NOTE: Penalties for the above crimes are higher under RA 9262
PENALTIES
Violation of Section 5(b) - Threatening to cause the woman or her child physical harm
NOTE: 2 degrees lower than the penalty for the consummated crime but not lower than Arresto Mayor
PENALTIES
Violation of Section 5(c) and 5(d)
;
PROHIBITED ACT/S APPLICABLE PENALTY
Attempting to cause the woman or Arresto Mayor (1 month & 1 day to 6
her child physical harm months)
(d) Placing the woman or her child in Arresto Mayor (1 month & 1 day to 6
fear of imminent physical harm; months)
Slight Physical Injuries Arresto Mayor (1 month & 1 day to 6
months)
NOTE: Penalties for the above crimes are higher under RA 9262
PENALTIES
Violation of Section 5(e) – restricting movement, controlling the woman and
her child’s conduct, etc.
PROHIBITED ACT/S APPLICABLE PENALTY
;
Compelling conduct w/c woman and child has a Prision Correccional (6 months & 1
right to desist from day to 6 years)
Compelling woman & child to desist from Prision Correccional (6 months & 1
conduct they have a right to engage in day to 6 years)
Attempting to or restricting freedom of Prision Correccional (6 months & 1
movement day to 6 years)
NOTE: Penalties for the above crimes are higher under RA 9262
PENALTIES
Violation of Section 5(f) and 5(g)
1 2 3
1. Apply for a 2. File a criminal 3. File an action for
Protection Order: complaint – VAWC is a damages – a victim of
• Barangay Protection Order public crime VAWC is entitled to
• Temporary Protection actual, compensatory,
Order or Permanent moral and exemplary
Protection Order damages
WHAT IS A An Order issued under the anti-vawc law
PROTECTION for the purpose of preventing further acts
ORDER of violence against a woman or her
child/children and granting other
necessary relief…
PURPOSE OF • Prevent further acts of violence
PROTECTION • Safeguard the victims from further harm
ORDERS • Minimize disruption in victim’s daily life
• Give victim the opportunity and ability
to regain control of life
BARANGAY PROTECTION ORDER (BPO) – issued by the
Punong Barangay or Barangay Kagawad in his absence. Valid
for 15 days (non-extendible)
BPO features
•Application for BPO is free
•Proof of physical injuries or
Medico Legal Certificate is not
required (but advised – it will
help as evidence in court)
BPO features
WHO MAY FILE A PETITION FOR
PROTECTION ORDER
• The offended party
• Parents or guardians of the offended party
• Ascendants, descendants or collateral relatives
within the 4th civil degree of consanguinity or
affinity
• Officers or social workers of the DSWD or LGUs
• Police officers, preferably those in women &
children’s desks
WHO MAY FILE A PETITION
FOR PROTECTION ORDER
• Punong Barangay or Barangay
Kagawad
• Lawyer, counselor, therapist or
healthcare provider of the petitioner
• At least 2 concerned responsible
citizens where VAWC occurred with
personal knowledge of the offense
committed
• In all the above, if the applicant is not
the victim, must be accompanied by
an Affidavit of the victim
WHERE DO YOU APPLY FOR BPO
In case respondent fails to appear despite proper notice, the court shall allow ex parte presentation
of evidence by the applicant
Regardless of the outcome of the case, court determines If PPO shall become final, can be granted
even if there is dismissal
custody, support to the woman and/or her children
and PPO
Directing Respondent to provide support to the woman or child if
entitled to legal support. Court shall order an appropriate
percentage of income or salary to be withheld and remitted
automatically to the woman.
Prohibition from any use of firearm or deadly weapon including
revocation of license and disqualification to use. If a law
enforcement agent, Respondent shall surrender his firearm and
the Court shall direct the appropriate authority to investigate on
the offender.
Restitution for actual damages caused by the violence inflicted.
RELIEFS
GRANTED
UNDER TPO Directing the DSWD or appropriate agency to provide what
Petitioner may need;
and PPO
Other reliefs necessary to protect the Petitioner and family or
household member
What is the effect of the absence of a decree
of legal separation, annulment or declaration
of nullity on the reliefs granted by the
Protection Order?
YES. (Sec. 8)
CAN I, A BARANGAY OFFICIAL or JUDGE,
ADVISE THE PETITIONER TO ”WORK IT
OUT” WITH THE RESPONDENT INSTEAD
OF ISSUING THE PROTECTION ORDER?
OFFICIALS • Ensure the enforcement of the Protection Orders issued by the Punong Barangay or the
courts;
• Arrest the suspected perpetrator wiithout a warrant when any of the acts of violence
defined by this Act is occurring, or when he/she has personal knowledge that any act of
abuse has just been committed, and there is imminent danger to the life or limb of the
victim as defined in this Act; and
• Immediately report the call for assessment or assistance of the DSWD, social Welfare
Department of LGUs or accredited non-government organizations (NGOs).
• SECTION 34. Persons Intervening Exempt
from Liability. – In every case of VAWC,
• any person, private individual or police
WHAT authority or barangay official who,
HAPPENS IF I • acting in accordance with law,
INTERVENE OR • responds or intervenes without using
violence or restraint greater than
HELP A necessary to ensure the safety of the
victim,
VICTIM? • shall not be liable for any criminal, civil or
administrative liability resulting therefrom.
SECTION 35. Rights of Victims. –