ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004: RA 9262

DSWD Field Office XI, Davao City

International Instruments
1. United Nations Charter (1945)
2. UN Declaration on Human Rights (1948) 3. Convention on the Elimination of All Forms of Discrimination Against Women (1979) 4. Beijing Platform of Action (1995) 5. UN Declaration on the Elimination of Violence Against Women (1993)

1987 Philippine Constitution

Forms of Abuse: a. Physical Violence b. Sexual violence

Prostituting the woman or her child

c. Psychological violence
Marital Infidelity

d. Economic abuse

Children refers to those below eighteen (18) years of age or older but are incapable of taking care of themselves biological adopted foster relative other children

"Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.

"Sexual relations" refers to a single sexual act which may or may not result in the bearing of a common child

Who may commit? ANY PERSON

Who may be the victim:

Wife or former wife of the offender

A woman with whom the offender (male/female) has or had a sexual or dating relationship
A woman with whom the offender (male) has a common child

A child, whether legitimate or illegitimate, within or without the family abode

SALIENT FEATURES OF RA 9262

1.Penalizes crime of VAWC public offense

SALIENT FEATURES OF RA 9262

2.

Provides for Protection Order

* BPO * TPO * PPO

SALIENT FEATURES OF RA 9262

3.Battered Wife Syndrome ( BWS) is a defense

SALIENT FEATURES OF RA 9262

4. Defines the duties of

barangay officials, law enforcers and healthcare providers

SALIENT FEATURES OF RA 9262

5. Training of personnel and development of programs for VAWC

Prohibited Acts

Penalties

Prescription

1. Causing If the acts resulted in: physical harm a. Homicide-12 yrs&1 day-20 yrs. to the victim imprisonment b. Parricide-20 yrs&1 day imprisonment - death Murder-20 yrs&1 day imprisonment death Mutilation-12 yrs&1 day-40 yrs imprisonment Serious Physical Injuries-6 yrs&1day-12 years of imprisonment Less serious Physical Injuries-6 months&1 day-6 years imprisonment Slight Physical Injuries-1 mon&1 day-6 mos. imprisonment

20 years

c.
d. e.

f.

g.

Prohibited Acts

Penalties

Prescription

2.Threatening Two degrees lower than to cause the the penalty for the victim consummated crime used physical harm to threaten the victim but in no case shall the penalty be lower than 1 month imprisonment 3. Attempting 1 mo. & 1 day- 6 months to cause the imprisonment victim physical harm 4. Placing the 1 mo. & 1 day 6 mos. victim in fear Imprisonment of immediate physical harm

Prohibited Acts

Penalties
6 months & 1 day 6 years imprisonment

Prescription

5. Compelling or attempting to compel the victim to either: Do an act to the victim has a right to refuse Refrain from doing an act whom the victim has a right to do Restricting or attempting to restrict the victims freedom of movement/conduct through force, physical harm or intimidation

Prohibited acts 6. Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling the womans actions or decisions

Penalties 1 month & 1 day 6 months imprisonment

Prescri ption

7. Causing or attempting to cause the victim to engage in any sexual activity which does not constitute rape, by means of: force or threat of force Physical harm Intimidation directed against the victim or the latters immediate family

6 years & 1 10 day 12 years years imprisonment

Prohibited Acts

Penalties

Prescription

8. Engaging in purposeful, 6 yrs & 1 day-12 years knowing, or reckless conduct, imprisonment whether personally or through another, that causes substantial emotional or psychological distress to the victim including the following acts:
Stalking or following the victim in public or private places Peeping in the window or lingering outside the residence of the victim Entering or remaining in the dwelling or on the property of the victim against her/his will Destroying the property & personal belongings of the victim Inflict harm to animals or pets of the victim Engaging in any form of harassment or violence.

Prohibited Acts

Penalties
6 years & 1 day 12 years
imprisonment

Prescription

9. Causing mental or emotional anguish, public ridicule, provocation to the victim including the following: Repeated verbal & emotional abuse Denial of financial support Denial of custody of minor children Denial of access to the womans child/children

Venue
Section 7

RTC Family Court

Any RTC
Also MTC, MCTC, MTCC

Prohibited Defense
Being under the influence of alcohol. Illegal drugs or other mindaltering substances.

Protection Order
BPO
15 days: renewable; Procedure: should be issued; Penalty for violation of BPO: 30 months imprisonment; Relief for physical harm or threats of physical harm only;

Who may file for BPO

Victim/offended party; Parents/guardian of OP; Ascendants/ descendants or collateral relation within 4th civil affinity & consanguinity; Officers/SW of DSWD Police officers, preferrably WCPC

Who may apply:

Punong Barangay/Kagawad Lawyer, Counselor, Therapist, healthcare provider of petitioner; At least 2 concerned responsible citizen where violence occurred and has personal knowledge. (Section9)

How to apply:
May be an independent action or incidental relief (TPO&PPO) Standard application form, in English with translation in major local languages

Contents of Application:
1. Names/address of petitioner & respondents; 2. Description of relationship between petitioner and respondents; 3. Statement of the circumstances of abuse; 4. Description of relief requested (sec. 8);

5. Request for counsel and reasons for such; 6. Request for waiver of application fees until hearing; 7. Attestation: no pending application for PO in another court (section 11);

If applicant is not the victim

Affidavit of applicant attesting to:
Circumstances of abuse; Circumstances of consent for filing by the victim;

TPO
30 days, renewable; Issued by court on Date of filing; After Ex parte determination; Covers any, some or all reliefs;

PPO
Issued by a court AFTER notice and hearing (adversarial hearing); If possible, hearing shall be conducted in 1 day * if not, renew TPO until final judgment ; Covers any, some or all reliefs;

Effective until revoked by a court;

Request for revocation should be from person in whose favor PPO was issued;
Perpetrator to give BOND to keep the peace;

Section 30. Mandatory Period for Acting on Applications for Protection Orders

Failure to act on an application for a protection order within the reglamentary period without justifiable cause shall render the official or judge administratively liable.

Section 30. Duties and Functions of Barangay Officials

Confiscate any deadly weapon in the possession of the perpetrator or within plain view

Section 30. Duties and Functions of Barangay Officials

Transport or escort the victim to a safe place of her choice or to a clinic or hospital

Section 30. Duties and Functions of Barangay Officials

Assist the victim in removing personal belongings from the house

Section 30. Duties and Functions of Barangay Officials

Assist the barangay officials and other government officers and employees who respond to a call for help

Section 30. Duties and Functions of Barangay Officials

Ensure the enforcement of the BPO/TPO/PPO issued

Section 30. Duties and Functions of Barangay Officials

Arrest the suspected perpetrator even without a warrant when any of the acts of VAWC 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

Section 30. Duties and Functions of Barangay Officials

Immediately report the call for assessment or assistance of the DSWD, Social Welfare Department of LGUs or accredited NGOs.

Section 47 (IRR) Duties and Functions of Barangay Officials

In order to eliminate violence against women and their children, barangay officials shall:

a. Undertake an education program on

Republic Act No. 9262 b. Have a family violence prevention program, including peer counseling for men

Section 47 (IRR) Duties and Functions of Barangay Officials

c. Support organizing efforts and development programs for women in the community; d. Prioritize livelihood projects for victim-survivors;

e. Involve women in planning and implementation of all programs and projects in the barangay;
f. Have an anti-VAWC desk officer in the barangay which shall coordinate a one-stop help desk. As much as possible, this help desk shall be open for 24 hours;

g. Ensure that all barangay officials, barangay health workers, barangay nutrition scholars, other barangay workers and tanod or barangay security officers undergo gender sensitivity seminars;

h. Develop a system to document and report cases of VAWC and assistance program to victims; and

i.

prescribe additional guidelines and standards with the Act. strictly observe the following steps in handling VAWC cases at the Barangay level: 1. Barangay official shall immediately verify report of VAWC. If necessary, seek the assistance of the police; 2. Respond immediately to a call for help by entering the dwelling whether or not a protection order has been issued;

Interview the victim-survivors witnesses to determine the facts,

and

the

inform the victim-survivors of their rights and remedies. document the interview in writing or record the testimonies by audio or videotape with the consent of the victim-survivor. All records of CONFIDENTIAL VAWC cases shall be

All public officers and employees and public or private clinics or hospitals shall respect the right to privacy of the victim-survivor;

4. Arrest the perpetrator even without a warrant:

when any of the acts of violence is occurring when said barangay official has personal knowledge that any act of abuse has just been committed and in the presence of imminent danger to the life or limb of the victim-survivor.

5.
If the perpetrator is not immediately arrested,
advise him or her to temporarily leave the house to prevent violence, or

encourage her/him to go to the barangay center, DSWD, LGU or NGO, church or other groups that provide counseling for perpetrators;

6.) In cases where the victim-survivor applying for a BPO is a minor, any barangay official shall assist the victim-survivor and shall refer her/him to NGOs, social workers for counseling, temporary shelter and other support services; 7.) Monitor compliance of the respondent with the BPO; k) Ensure the safety and continued support to the victimsurvivor and her family during the 15-day period; 8) Assist the victim-survivors in filing the appropriate complaint with the PNP Women and Childrens Protection Desk or other law enforcement agencies; 9) Ensure that all pertinent documents of the said cases are forwarded to the PNP Women and Childrens Protection Desk; 10) Have a separate logbook for complaints and cases of VAWC and keep this confidential, always ensuring the privacy of the victims;

o) Shall not attempt to influence the victim-survivor to abandon her claims. All forms of amicable settlement under the Katarungang Pambarangay such as mediation, settlement, conciliation, arbitration SHALL NOT apply to cases of VAWC in the Act; and p) If the relief requested or applied for involves the failure to provide support to the woman or her children, especially for their education and medical needs, the Punong Ba rangay or in his/her absence, any kagawad, shall call the respondent for counseling and explain to him his legal obligations to support his wife and/or minor children. This shall not be construed to mean as a mode of conciliation or mediation and must be done only with the presence of the respondent, without the victimsurvivor or applicant. Administrative complaints against the barangay official for failure to perform her or his duties shall be filed with the Sangguniang Panglunsod or Bayan for gross neglect of duty or misfeasance.

Duties of Barangay Officials irr ANY BARANGAY OFFICIAL WHO FAILS TO REPORT THE INCIDENT SHALL BE LIABLE FOR A FINE NOT EXCEEDING TEN THOUSAND PESOS (PhP 10,000) OR WHENEVER APPLICABLE CRIMINAL, CIVIL AND ADMINISTRATIVE LIABILITY.

Section 43: Persons Intervening Exempt from Liability

Thank You !