ANTI VIOLENCE AGAINST WOMEN and THEIR CHILDREN ACT OF 2004RA 9262ATTY. JONNIE L. DABUCOCommission on Human Rights, Region VI, Iloilo City

State PoliciesThe State values the dignity of women and children and guarantees full respect for human rights. The State recognizes the need to protect the family and its members particularly women and children from violence and threats to their personal safety and security

VAWC Definedany ACT or series of ACTS

committed by ANY PERSON against

a WOMAN who is hisWifeformer wife

a woman with whom the PERSON HAS or HAD a SEXUAL or DATING relationship or with whom he has a common child, oragainst her child, legitimate or illegitimate, within or without the family abode

VAWC DefinedResults in or is likely to result inPhysicalSexualPsychological harm or sufferingEconomic abuseIncludesthreats thereofBatteryAssaultCoercionharassment or arbitrary deprivation of liberty

OTHER TERMS DEFINEDBATTERY

an act of infliction

physical harm upon the woman or her child

resulting to physical and psychological or emotional distressBATTERED WOMAN SYNDROME (BWS)A SCIENTIFICALLY defined patternpsychological and behavioural symptomsresulted from CUMULATIVE abusefound in women living in battering relationships

OTHER TERMS DEFINEDSTALKINGan intentional actcommitted by a personknowingly and without lawful justificationfollows the woman or her child or places the woman or her child under surveillancedirectly or indirectly or a combination thereof

SEXUAL RELATIONa single act may or may not result in the bearing of a common child

OTHER TERMS DEFINEDDATING RELATIONSHIPparties live as husband and wife without the benefit of marriage ORromantically involved over time and on a continuing basis during the course of the relationshipcasual acquaintance or ordinary socialization in a business or social context not included

CHILDRENbelow 18 years old or OLDER but are incapable of taking care of themselves (RA 7610)includes biological or adopted children of the victim andother children under her care including foster children, relatives or other children who LIVE with her

VIOLENCE CLASSIFIEDPhysical violenceacts that include bodily or physical harm

Medical Certificate or medico legal report needed

VIOLENCE CLASSIFIEDSEXUALrefers to an act which is sexual in nature committed against the woman or her child includes:RapeSexual harassmentActs of lasciviousnessTreating a woman or her child as sexual objectsMaking demeaning or sexually suggestive remarks

Physically attacking the sexual parts of the victims bodyForcing the victim to watch obscene publications and indecent shows or forcing the woman or her child to do indecent actsForcing the wife and mistress/lover to live together in the conjugal home or sleep together in the same room with the abuser

VIOLENCE CLASSIFIEDSexual violence . . .acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm, threat of physical or other harm, coercion, and prostituting the woman or her child

VIOLENCE CLASSIFIEDPSCHOLOGICALActs or omission causing or likely to cause mental or emotional suffering to the victim such asintimidationharassmentstalkingdamage to propertypublic ridicule or humiliationrepeated verbal abusemarital infidelity

Includes:causing or allowing the victim to witness the physical, sexual or psychological abuse of a member if the family to which the victim belongsTo witness pornography in any formTo witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children

VIOLENCE CLASSIFIEDECONOMIC ABUSEacts that make or attempt to make a woman financially dependent, includeswithdrawal of financial supportpreventing the victim from engaging in legitimate profession, occupation, business or activity except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Art. 73 of the Family Code

deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common

destroying HOUSEHOLD property

controlling the victims own money or properties or solely controlling the conjugal money or properties

ACTS OF VIOLENCE (Sec. 5, RA 9262)Physical harm:Causing ( par. a), threatening to cause (par. b), attempting to cause (par. c) placing in fear of imminent (par. d)

Pars. a & b - grounds for BPO

ACTS OF VIOLENCE (Sec. 5, RA 9262)Compel or attempt to compel to engage in conduct which the victim has the right to desist from or desist from conduct which the victim has the right to engage in Restrict or attempt to restrictfreedom of movement or conduct by force or threat of force or other harm or threat of physical or other harm, or intimidation.

ACTS OF VIOLENCE (Sec. 5, RA 9262)Acts committed with the purpose of restricting or controlling movement or conduct of the victim: threatening or actually depriving the woman or her child of custody or access to her/his familydepriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the womans children insufficient financial support

depriving of threatening to deprive the victim of a legal rightpreventing the woman to engage in legitimate business or profession or controlling the victims own money, or properties, or solely controlling the conjugal or common money or properties.

(Par. 5, e, RA 9262)

ACTS OF VIOLENCE (Sec. 5, RA 9262)Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling the victims actions or decisions (par. f)

Causing or attempting to causethe woman or her child to engage in any sexual activity which does not constitute rape, by force or threat or force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family (par. g)

ACTS OF VIOLENCE (Sec. 5, RA 9262)Engaging in purposeful, knowing, or reckless conduct personally or through another, that alarms or causes substantial emotional or psychological distressincludes: Stalking or following the victim in public or private placesPeering in the window or lingering outside the residence of the victim

Entering or remaining in the dwelling or property of the victim against her/his willDestroying the property and personal belongings or inflicting physical harm to animals or pets of the victim Engaging in any form or harassment or violence(par. h)

ACTS OF VIOLENCE (Sec. 5, RA 9262)Causing the woman or her childmental anguishpublic ridicule humiliation including: Repeated verbal and emotional abuseDenial of financial support or custody of minor childrenDenial of access to the womans child/children (par. i)

RA 9262Naturepublic offenceProsecuted uponCriminal complaintany citizenpersonal knowledge of circumstances involving the commission of the crimeVenueRTC designated as Family Court orIn the absence of FC, RTC where the crime or any of its elements was committed at the option of the complainant

REMEDIES and RELIEF/s

PROTECTION ORDERAncillary or independent of complaint for RA 9262Issued by the barangay or the courtPurpose of the OrderPrevent further acts of violence against the woman or her childGrant other necessary reliefs

Purpose of relief/s granted under PO: Safeguard the victim from further harm Minimize disruption in victims daily lifefacilitate the opportunity and ability to independently regain control over life

WHO MAY FILE for POOffended party Parents or guardians of the offended partyAscendants, descendants or collateral relatives within the 4th civil degree of consanguinity or affinity Officers or social workers of the DSWD or social workers of LGUsPolice officers, preferably in charge of women and childrens desk

Punong barangay or Brgy. KagawadLawyer, counsellor, therapist or healthcare provider of the petitionerat least two (2) concerned responsible citizens of the place where the violence occurred and who has personal knowledge of the offence committed

KINDS OF POsIssued by the barangayBarangay Protection Order (BPO)

Issued by the courtsTemporary Protection Order (TPO)Permanent Protection Order (PPO)

GROUNDS and RELIEF/s Barangay Protection Order (BPO)GROUNDS for issuance: causing physical harm to the woman or her child threatening to cause the woman or her child physical harm

RELIEFS under BPOProhibit the respondent from threatening to commit or committing personally or through another, any of the acts mentioned in Sec. 5 (a) and (b) of RA 9262Prohibit the respondent from harassing, annoying, telephoning, contacting or otherwise communicating with the victim-survivor, directly or indirectly

PROCEDURE for ISSUANCE(BPO)Application- in writingsigned by the victim-survivorattested before the PB having jurisdiction over the application Victim survivor to be assisted by the PB or Kgwd2. Issuance Ex-parte, without notice and hearing to respondentIssued on the same day of application immediately upon conclusion of ex-parte proceedings

PROCEDURE for ISSUANCE(BPO)Cont. Issuance c. issued by PB or kgwd. d. victim may be assisted by non-lawyere. Prohibition against conciliation or mediation, compromise or influence to abandon the relief sought 3. Servicea. Personal service upon the respondent by the PB, Kgwd. or any brgy officialb. deemed served upon receipt by the respondent or any adult in said addressc. In case of refusal, deemed served upon leaving a copy in the presence of at least 2 witnesses

Assistance to victim-survivorat the barangay levelMay be assisted by non-lawyer in the proceedings before the PBWithin 24 hrs. after BPO is issued, PB or any Kgwd shall assist in filing for an application for a TPO or PPO, with the nearest court in the residence of the victim

When there is no FC, application may be filed with any lower courtIndigent victim-brgy to ensure transportation and other expenses in filing for an application for a protection order with the courts

WHERE TO APPLY FOR BPOBarangay where victim-survivor (VS) or petitioner is located or resides

Parties reside in different municipalities or cities, PB or Kgwd where victim-survivor resides shall assist VS/applicant in filling an application for PO from the courts within 2 hrs. from the requestPLACE OF RESIDENCE or LOCATION of VS

Place where the VS temporarily resides

Where she sought refuge/sanctuary to escape from and avoid continuing violence from the respondent

BPOEffectivity 15 daysFree of chargeEnforceable within the brgy. that issued the sameIssuance of BPO shall not preclude application or grant of TPO or PPO; When TPO granted, BPO no longer available

Violation: punishable by imprisonment of 30 days without prejudice to any other criminal or civil action filed by offended party for any of the act/acts committedComplaint for violation of BPO filed by the brgy officials with MTC, MCTC that has territorial jurisdiction over the barangay that issued the BPO

POs issued by the CourtTPOIssued on the same day of applicationEx-parteEffective 30 daysImmediate personal service on respondentWith notice of date of hearing for PPOPPOIssued after notice and hearingEffective until revoked No postponementConduct hearing on the merits of issuance of PPO in 1 dayIf not possible, court to extend TPO until final judgment issued

POs issued by the CourtHow to applyApplication in writing, signed & verified under oathIf applicant is not VS, application accompanied by an affidavit of the applicant attesting to circumstances of the abuseconsent by the VS

When disclosure of address will endanger life, applicant must attest that VS is residing in the place where the court has territorial jurisdiction and provide a mailing address for service of court processes

POs issued by the CourtTPO/PPOMay be filed as independent action or incidental relief in any civil or criminal case the subject matter or issues thereof partake of violence as described in this ActApplication for PO-considered an application for both TPO and PPOBrgy. Officials and court personnel to assist in preparation of the application

POs issued by the CourtVenueFamily Court orRTC & other lower courts in the place of residence of petitionerResidence: Actualtemporary place of refuge or sanctuary

EnforceabilityTPO and PPOAnywhere in the PhilippinesViolation: fine ranging from P5,000.00 to P50,000.00 and/orSix (60 months imprisonment

POs issued by the CourtViolation TPO/PPOContempt of courtPunishable under Rule 71, RCWithout prejudice to any criminal or civil action that the offended party may filed for any of the acts committed

Reliefs granted under TPO/PPOProhibition from threatening to commit or committing personally or through another, any of the acts mentioned in Sec. 5 of this ActProhibition from HarassingAnnoyingTelephoningcontacting or otherwisecommunicating with the petitioner, directly or indirectly

Reliefs granted under TPO/PPORemoval and exclusion from residence of the petitionerregardless of ownership of the residenceTemporarily for the purpose of protecting the petitioner orPermanently where no property rights are violated and

If respondent must remove personal effects from the residence, court shall direct a law enforcement officer to accompany the respondent, remain there until respondent has gathered his/her things and escort respondent from the residence.

Reliefs granted under TPO/PPODirecting respondent to stay away fromPetitioner and Any designated family or Household memberat a distance specified by the court and to stay away from The residenceSchool, place of employment or Any specified place frequented by the petitioner and any designated family or household member

Reliefs granted under TPO/PPODirectingLawful possession and use by the petitioner of an automobile and other personal effects, regardless of ownership, andThe appropriate law enforcement officer to accompany the petitioner to the residence of the parties to ensure that she is safely restored to the possession of the automobile and other personal effects, or To supervise the petitioners or respondents removal of personal belongings

Reliefs granted under TPO/PPODirecting the respondent to Provide support to the woman and/or her child if entitled to legal support. Notwithstanding other laws to the contrary the court shall orderAn appropriate percentage of the income or salary of the respondent to be withheld regularly by the employer and

To automatically remit the same directly to the petitionerFailure by the respondent or employer to remit and/or Withhold orAny delay in the remittance of support to the woman and/or her child/children without justifiable cause Liable for indirect contempt of court

Reliefs granted under TPO/PPOProhibition of the respondent from Any use or possession of any firearm or deadly weapon andOrder him/her to surrender the same to the court for appropriate disposition by the court, including Revocation of license and Disqualification to apply for any license to use or possess a firearm. Respondent- law enforcement agent-Court to order the surrender of the firearm and Direct the appropriate authority to investigate the offender andTake appropriate action on the matter

Reliefs granted under TPO/PPOGranttemporary or permanent custody of a child/children to the petitionerRestitutionActual damages caused by the violence inflicted, including but not limited to Property damageMedical expensesChildren expenses and Loss of income

Reliefs granted under TPO/PPODirecting DSWD or Any appropriate agency To provide petitioner temporary shelter and other social services that the petitioner may needProvision of other forms of relief as the court deems necessary to protect and provide for the safety of the petitioner and any designated family or household member, provided they consent to such reliefs

Prohibited ActsA Punong Brgy., Kgwd. or the Court hearing an application for PO shall notOrderDirectforce orin any way unduly influence the applicant to compromise or abandon any of the reliefs sought under this Act

Law enforcers and other government personnel shall not mediate or conciliate or influence the victim/applicant to compromise or abandon the relief sought

Administrative Liability

Legal Protection for concerned individualsPersons intervening exempt from liability

In every case of VAWC as herein defined, any personprivate individual orpolice authority or barangay officialacting in accordance with law, responds or intervenes without using violence or restraint greater than necessary to ensure the safety of the VS, not be liable for any criminal, civil or administrative liability resulting therefrom

Legal Protection for concerned individualsAny Person includesNGO workersPOsChurchcivic and other groups, Filipino citizens or foreignersfree from criminal or civil liabilityacting in accordance with law in responding to a call for help or when assisting the VS.Service ProvidersIn all cases, the privacy and identity as well as the locations of service providers, including NGOs and Pos shall not be disclosed by any person who has knowledge of the VAWC cases

Legal remedies for VAWC-VSBattered Woman Syndrome (BWS) as a defense-VS who are found by the courts to be suffering from BWS do not incur criminal and civil liability notwithstanding the absence of any of the elements for justifying circumstances of self-defense under the RPCIn the determination of the state of minds of the woman who was suffering from BWS at the time of the commission of the crime, the courts shall; be assisted by expert psychiatrists/psychologists.

Legal remedies for VAWC-VSProhibited defense Being under the influence of alcoholAny illicit drug or Minds altering substanceNot a defense under the Act

Legal remedies for VAWC-VSCustody of children The woman shall be entitled to the custody and support of her child/children. Children below 7 years old or older but with mental or physical disabilities shall automatically be given to the mother, with right to support, unless the court finds compelling reason to order otherwise. A VS who is suffering from BWS shall not be disqualified from having custody of her children. In ni case shall custody of the minor children be given to the perpetrator of violence against a woman suffering from BWS.

Legal remedies for VAWC-VSDamages Any VS of vilence under this Act shall be entitled to actual, moral, compensatory and exemplary damagesCivil action deemed instituted with criminal action unless an independent civil action for damages is filed

Hold Departure Order-Counsel for VS or applicant may request the court for a hold departure order in the application or petition for PO. Court to expedite the process of issuance of hold departure order in cases prosecuted under the Act

Legal remedies for VAWC-VSExemption from payment of docket fees and other expenses If the VS is an indigent or there is an immediate necessity due to imminent danger or threat of danger to act on an application for a PO, the court shall accept the application without payment of the filing fee and other fees and of the transcript of stenographic notes

ConfidentialityLaw enforcement officials, prosecution, judges, court personnel and medical practitioners as well as parties to the case shall recognize the right to privacy of the VS duringInvestigationprosecution and trial of an offence under the Act

Law enforcement officers and prosecutorsConduct closed-door investigation Media not allowed to have access to any information regarding the VS. Adult victim has choice to go public or speak with the media, preferably with the assistance of counsel

ConfidentialityBarangay officials, law enforcers, prosecutors and court personnelNot disclose names and personal circumstances of the VS or complainants or Other information tending to establish their identities to the media or the public orCompromise her identityUnlawful for any person utilizing tri-media or information technology to cause publicity of the name or identity of the VS or complainant without her consent. Identities of children shall not be disclosed to the public without conformity of the city or provincial DSWD

Violation of confidentiality

Imprisonment of one (1) year

and

Fine of not more than Five Hundred Thousand (P500,000.00) Pesos

I GOT FLOWERS TODAYI got flowers today. It wasn't my birthday or any other special day. We had our first argument last night. He said a lot of cruel things that really hurt me. I know he was sorry and didn't mean the things he said. Because I got flowers today.

I got flowers today. It wasn't our anniversary or any other special day. Last night, he threw me into a wall and started to choke me. It seemed like a nightmare. I couldn't believe it was real. I woke up this morning sore and bruised all over. I know he must be sorry Because he sent me flowers today.

I got flowers today. It wasn't Mother's Day or any other special day. Last night, he beat me up again. And it was much worse than all other times. If I leave him, what will I do? How will I take care of my kids? What about money? I' m afraid of him and scared to leave. But I know he must be sorry Because he sent me flowers today.

I got flowers today. Today was a very special day. It was the day of my funeral. Last night he finally killed me. He beat me to death. If only I had gathered enough courage and strength to leave him, I would not have gotten flowers today.

THANK YOU VERY MUCH!

*Took effect: March 27, 2004Only acts of violence that occurred starting on said date may be prosecuted under this Act

*Note: abuser can be ANY PERSON-no specification of GENDER*Note: under Art. 73, F.C. the profession, occupation, business or activity of either spouse must be legitimate, that is LAWFUL, HONEST and MORAL. An act may be lawful but immoral like all kinds of gambling. Fishing legitimate, lawful, moralFishing with the use of dynamite-unlawful, immoralviolation of fishery code of the Phils. and RA 7160damages the environment *Ex-parte: without notice on the respondent of the application for TPO*PO granted wherein respondent was prohibited to come within 200 meters of a shopping mall on a specified date because the maid had to do the grocery on said date and to stay away from a church on Sundays where the family hear mass.