Professional Documents
Culture Documents
By: Rowena V. Guanzon Gender Justice Network Member, Asia Cause Lawyers Network
Before 1995:
Gender based violence was not recognized in Philippine laws. Revised Penal Code covered offenses committed against women, e.g., physical injuries, rape, acts of lasciviousness, seduction, parricide, homicide, murder
Civil Law
Had discriminatory provisions on women, treated as subordinate to husbands Could not accept gifts from men other than their husbands without their consent Husband had sole administration of the conjugal partnership
1987 Constitution
Sec. 14 The State shall protect working women by providing safe and healthful working conditions xxx
Def: VAWC
Which result 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
Elements
Relationship, past or present Married or not; living in or not Sexual or dating relationship Including lesbian relationships With common child Falling under Sec. 5 (punishable acts)
Sec. 5 Acts
depriving or threatening to deprive the woman or her child of custody or access to her family depriving them of financial support;insufficient financial support
Sec. 5 Acts
Depriving or threatening to deprive the woman or her child of a legal right Preventing the woman from engaging in any legitimate profession, occupation, business or activity, or controlling her own money or properties or solely controlling conjugal or common assets
Sec. 5 Acts
Causing or attempting to cause the woman or her child to engage in any sexual activity..., by force or threat, physical harm, intimidation directed against the woman, her child, or immediate family *
Sec. 5
Engaging in knowing or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress including: (1) stalking (2)entering or remaining in the property
Sec. 5 Acts
Causing mental or emotional anguish, public ridicule, humiliation including repeated verbal and emotional abuse* denial of financial support or custody of minor children or denial of access to the womans child * * PRESCRIPTION PERIOD: 10 years. All others, 20 years
Protection Orders
Prohibition from threatening or committing, any of punishable acts Removal and exclusion from the residence regardless of ownership, temporarily or permanently where no property rights are violated
Protection Orders
Stay away from petitioner, any designated family or household member Temporary or permanent custody of child Support automatic remittance of salary or income by employer Dept of Social Welfare & Dev to provide shelter and social services
Rights of victims
Right to be treated with respect & dignity; Legal assistance; support services from DSWD, local governments Privacy and confidentiality of records Additional 10 day paid leave from work aside from present paid leave benefits
Problems, lessons
Ignorance of the law by police officers who are not in the womens and childrens desks Lack of quality gender sensitivity seminars for judges who are not family court judges, and prosecutors Misuse of the laws and rules by lawyers, e.g. retaliation suits against women who have protection orders
Founding Member, Gender Justice Network Founding Member, Asia Cause Lawyers Network Email: rowena.guanzon@gmail.com Weblog: www.bingguanzon.com Fax (+632) 9290840 Mobile: +63 9189018504