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Republic Act No. 9262

Jan 03, 2013

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Republic Act No. 9262. “ Anti-Violence Against Women and their Children Act of 2004” LILIAN DORIS S. ALEJO Senior State Prosecutor Department of Justice, Manila. Women VS. 2. Their children legitimate Illegitimate Children under her care or custody -within or without the family abode.

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Republic Act No. 9262 “Anti-Violence Against Women and their Children Act of 2004” LILIAN DORIS S. ALEJO Senior State Prosecutor Department of Justice, Manila

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 Scope:

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

ECONOMIC ABUSE • 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 victim’s own money or properties

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.

Acts of Violence Against Women & their Children • Causing physical harm to the woman or her child; • Threatening to cause the woman or her child physical harm; • Attempting to cause the woman or her child physical harm; • Placing the woman or her child in fear of imminent physical harm;

Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or to desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the woman’s or her child’s freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or her child.

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: 1. Threatening to deprive or actually depriving the woman or her child of custody or access to her/his family; 2. Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman’s children insufficient financial support;

3. Depriving or threatening to deprive the woman or her child of a legal right; 4. Preventing the woman in engaging in any legitimate profession, occupation, business or activity, or controlling the victim’s own money or properties, or solely controlling the conjugal or common money, or properties;

Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions; • Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family.

Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to, the following acts: 1. Stalking or following the woman or her child in public or private places; 2. Peering in the window or lingering outside the residence of the woman or her child;

3. Entering or remaining in the dwelling or on the property of the woman or her child against her/his will; 4. Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child; and 5. Engaging in any form of harassment or violence.

Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children or denial of access to the woman’s child/children.

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 victim’s daily life and facilitating the opportunity and ability of the victim to independently regain control over her life.

PROTECTION ORDERS • Prohibition from threatening or committing, personally or through another any acts in Section 5. • Prohibition from harassing, telephoning, contacting the petitioner • Removal and exclusion from the residence regardless of ownership, temporarily or permanently where no property rights are violated. • Stay away from petitioner, any designated family or household member, from residence, school, workplace or specified place.

Directing law enforcer to accompany petitioner to the residence, ensure possession of automobile and other personal effects; supervise respondent’s removal of belongings • Temporary or permanent custody of child • Support - automatic remittance of salary or income by employer • Prohibition of the respondent from any use or possession of a firearm or deadly weapon; surrender the same to court; revocation of license; disqualification to apply for any license

Directing DSWD or appropriate agency to provide shelter and social services. • Provision of other forms of relief as the court deems necessary • Restitution for actual damages caused by the violence

HOW TO APPLY FOR A PROTECTION ORDER • Must be in writing, signed and verified under oath by the applicant • Shall contain: • Names and addresses of petitioner and respondent • Description of relationship between petitioner and respondent • Statement of the circumstances of the abuse

Description of the reliefs requested by petitioner • Request for counsel and reasons for such • Request for waiver of application fees until hearing • An attestation that there is no pending application for a protection order in another court • If applicant not the victim-survivor--- application with affidavit attesting to the circumstances of abuse suffered and circumstances of consent given by victim-survivor

Will also include information if disclosure of address of victim-survivor will pose damage to her life but applicant will attest that victim-survivor resides in the municipality or city over which court has territorial jurisdiction *see format prepared by the Supreme Court

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 Women’s and Children’s 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

Public Crime • Any citizen having personal knowledge of the circumstances of the offense may file a case

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

People vs. Marivic Genosa (G.R. No. 135981, September 29, 2000) -self defense arising from the BWS main points: “ First, each of the phases of the cycle of violence must be proven to have characterized at least two battering episodes between the appellant and her intimate partner

Second, the final acute battering episode preceding the killing of the batterer must have produced in the battered person’s mind an actual fear of an imminent harm from her batterer and an honest belief that she needed to use force in order to save her life. Third, at the time of the killing, the batterer must have posed probable-not necessarily immediate and actual—grave harm to the accused, based on the history if violence perpetrated by the former against the latter. Taken together, these circumstances could satisfy the requisites of self-defense”.

Cycle of Violence3 Phases: • “Tension-Building Stage”- battering male engages in minor battering incidents and verbal abuse while the woman, beset by fear and tension, attempts to be placating and passive as possible in order to stave off more serious violence;

“Acute Battering Period”- severity of the abuse and attacks escalate, usually triggered by an external or internal event in the life of the battering male but provocation for more severe violence is sometimes provided by the woman who can no longer tolerate or control her phase-one anger and anxiety;

“Contrition and loving or the hearts and flowers phase”- man will often mix his pleas for forgiveness and protestation of devotion with promises to seek professional help, to stop drinking and to refrain from further violence. This period of relative calm may last for a few months, but in a battering relationship, the affection and contrition will eventually fade and phase one of the cycle will start anew”. ________ *L.E. Walker, the Battered Woman Syndrome; State vs. Kelly (478 A 2d 364, 371 NJ 1984) -paper presented in Philja Seminar by Professor Myrra S. Feliciano of the University of the Philippines

Duties of Prosecutors/Court Personnel • Communicate with the victim in a language understood by the woman or her child; and • Inform the victim of her/his rights including legal remedies available and procedure, and privileges for indigent litigants.

Duties of Barangay Officials and Law Enforcers • Enter the dwelling whether or not a P.O. has been issued • Confiscate deadly weapon in possession or in plain view • Transport or escort the victim to safe place or clinic, hospital • Assist victim in removing personal belongings from the house

DUTIES: • Ensure enforcement of BPO, TPO, PPO • Arrest without a warrant - When the acts of violence is occurring, or - When s/he has personal knowledge that abuse has just been committed, and there is imminent danger to life and limb of victim • Immediately report the call for assistance *Failure to report: -Fine < P10,000.00 or -Civil, criminal or administrative liability

To Eliminate VAWC, barangay officials shall: • Undertake an education program on R.A. 9262 i.e., why VAWC exists, rights and remedies of victim survivors, duties of residents and all barangay officials • Have family violence prevention program including peer counseling for men • Support organizing efforts and development programs for women in the community

Prioritize livelihood projects for victim-survivors • Involve women on planning and implementation of all programs and projects in the barangay • Anti-VAWC desk officer who shall coordinate a 24-hour one-stop help desk • All barangay officials, health workers, workers, tanods, nutrition scholars undergo gender sensitivity seminars

Develop system of documentation and report of VAWC cases and assistance program • Prescribe additional guidelines and standards consistent with R.A. 9262

HANDLING OF VAWC CASES BY BARANGAY OFFICIALS • Upon receiving information, verify and seek police assistance • Enter the dwelling whether or not PO was issued and ensure safety of victim survivors • Interview, investigate and document testimony; inform victim-survivors of their rights and remedies; records shall be confidential; right to privacy respected

Arrest perpetrator observing rules on warrantless arrests and confiscate any deadly weapon in the possession of the perpetrator or within plain view • Escort victim-survivor to the nearest hospital or available medical facility for treatment and medico-legal examination; assist in securing medico-legal report

If not arrested, advise perpetrator to leave the house to prevent violence and to go to the barangay center, DSWD, LGU or NGO, church or other groups that provide counseling • In case victim-survivors are to be placed in shelters, assist in taking their belongings and in their transfer • Report incident and refer to the Local Social Welfare and Development Office of the LGU and the PNP Women’s and Children’s Protection Desk within 4 hours from the time of reporting

If victim-survivor a minor applying for BPO, assist and refer to NGOs, social workers for counseling, temporary shelter and other support services • Monitor respondent’s compliance to BPO • Ensure the safety and continued support during the 15-day period • Assist in filing complaint • Ensure that all pertinent documents forwarded to the law enforcer

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RA 9262 (Anti-Violence Against Women and Their Children Act of 2004)

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“Anti-Violence Against Women and their Children Act of 2004”

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Republic Act No. 9262 - PowerPoint PPT Presentation

Republic Act No. 9262

Republic act no. 9262 anti-violence against women and their children act of 2004 lilian doris s. alejo senior state prosecutor department of justice, manila – powerpoint ppt presentation.

• Anti-Violence Against Women and their Children Act of 2004
• LILIAN DORIS S. ALEJO
• Senior State Prosecutor
• Department of Justice, Manila
• 2. Their children
• Illegitimate
• Children under her care or custody
• -within or without the family abode
• Former husbands
• Boyfriends/partners
• Those whom they have a common child
• Has or had sexual or dating relationship
• Physical Violence
• Sexual Violence
• Psychological Violence
• Economic Abuse
• 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.
• Acts or omissions causing or likely to cause mental or emotional suffering including
• Damage to property
• Repeated verbal abuse
• Marital infidelity
• Acts that make or attempt to make a woman financially dependent
• 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
• 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.
• Causing physical harm to the woman or her child
• Threatening to cause the woman or her child physical harm
• Attempting to cause the woman or her child physical harm
• Placing the woman or her child in fear of imminent physical harm
• Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or to desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the womans or her childs freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or her child.
• This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the womans or her childs movement or conduct
• 1. Threatening to deprive or actually depriving the woman or her child of custody or access to her/his family
• 2. Depriving 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
• 3. Depriving or threatening to deprive the woman or her child of a legal right
• 4. Preventing the woman in engaging in any legitimate profession, occupation, business or activity, or controlling the victims own money or properties, or solely controlling the conjugal or common money, or properties
• Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions
• Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family.
• Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to, the following acts
• 1. Stalking or following the woman or her child in public or private places
• 2. Peering in the window or lingering outside the residence of the woman or her child
• 3. Entering or remaining in the dwelling or on the property of the woman or her child against her/his will
• 4. Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child and
• 5. Engaging in any form of harassment or violence.
• Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children or denial of access to the womans child/children.
• 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)
• - 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.
• Prohibition from threatening or committing, personally or through another any acts in Section 5.
• Prohibition from harassing, telephoning, contacting the petitioner
• Removal and exclusion from the residence regardless of ownership, temporarily or permanently where no property rights are violated.
• Stay away from petitioner, any designated family or household member, from residence, school, workplace or specified place.
• Directing law enforcer to accompany petitioner to the residence, ensure possession of automobile and other personal effects supervise respondents removal of belongings
• Temporary or permanent custody of child
• Support - automatic remittance of salary or income by employer
• Prohibition of the respondent from any use or possession of a firearm or deadly weapon surrender the same to court revocation of license disqualification to apply for any license
• Directing DSWD or appropriate agency to provide shelter and social services.
• Provision of other forms of relief as the court deems necessary
• Restitution for actual damages caused by the violence
• Must be in writing, signed and verified under oath by the applicant
• Shall contain
• Names and addresses of petitioner and respondent
• Description of relationship between petitioner and respondent
• Statement of the circumstances of the abuse
• Description of the reliefs requested by petitioner
• Request for counsel and reasons for such
• Request for waiver of application fees until hearing
• An attestation that there is no pending application for a protection order in another court
• If applicant not the victim-survivor--- application with affidavit attesting to the circumstances of abuse suffered and circumstances of consent given by victim-survivor
• Will also include information if disclosure of address of victim-survivor will pose damage to her life but applicant will attest that victim-survivor resides in the municipality or city over which court has territorial jurisdiction
• see format prepared by the Supreme Court
• 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.
• -RTC, MTC MCTC with territorial jurisdiction over the place of residence of the petitioner, except if there is family court
• 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/petiti oner 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
• Issued by the court on the day of filing
• 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
• 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
• Violation P5,000 to P50,000 and/or imprisonment of six (6) months
• Violation shall constitute contempt of court
• Any citizen having personal knowledge of the circumstances of the offense may file a case
• 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
• People vs. Marivic Genosa (G.R. No. 135981, September 29, 2000)
• -self defense arising from the BWS main points First, each of the phases of the cycle of violence must be proven to have characterized at least two battering episodes between the appellant and her intimate partner
• Second, the final acute battering episode preceding the killing of the batterer must have produced in the battered persons mind an actual fear of an imminent harm from her batterer and an honest belief that she needed to use force in order to save her life. Third, at the time of the killing, the batterer must have posed probable-not necessarily immediate and actualgrave harm to the accused, based on the history if violence perpetrated by the former against the latter. Taken together, these circumstances could satisfy the requisites of self-defense.
• Tension-Building Stage- battering male engages in minor battering incidents and verbal abuse while the woman, beset by fear and tension, attempts to be placating and passive as possible in order to stave off more serious violence
• Acute Battering Period- severity of the abuse and attacks escalate, usually triggered by an external or internal event in the life of the battering male but provocation for more severe violence is sometimes provided by the woman who can no longer tolerate or control her phase-one anger and anxiety
• Contrition and loving or the hearts and flowers phase- man will often mix his pleas for forgiveness and protestation of devotion with promises to seek professional help, to stop drinking and to refrain from further violence. This period of relative calm may last for a few months, but in a battering relationship, the affection and contrition will eventually fade and phase one of the cycle will start anew.
• L.E. Walker, the Battered Woman Syndrome State vs. Kelly (478 A 2d 364, 371 NJ 1984)
• -paper presented in Philja Seminar by Professor Myrra S. Feliciano of the University of the Philippines
• Communicate with the victim in a language understood by the woman or her child and
• Inform the victim of her/his rights including legal remedies available and procedure, and privileges for indigent litigants.
• Enter the dwelling whether or not a P.O. has been issued
• Confiscate deadly weapon in possession or in plain view
• Transport or escort the victim to safe place or clinic, hospital
• Assist victim in removing personal belongings from the house
• Ensure enforcement of BPO, TPO, PPO
• Arrest without a warrant
• - When the acts of violence is occurring, or
• - When s/he has personal knowledge that abuse has just been committed, and there is imminent danger to life and limb of victim
• Immediately report the call for assistance
• Failure to report
• -Fine lt P10,000.00 or
• -Civil, criminal or administrative liability
• Undertake an education program on R.A. 9262 i.e., why VAWC exists, rights and remedies of victim survivors, duties of residents and all barangay officials
• Have family violence prevention program including peer counseling for men
• Support organizing efforts and development programs for women in the community
• Prioritize livelihood projects for victim-survivors
• Involve women on planning and implementation of all programs and projects in the barangay
• Anti-VAWC desk officer who shall coordinate a 24-hour one-stop help desk
• All barangay officials, health workers, workers, tanods, nutrition scholars undergo gender sensitivity seminars
• Develop system of documentation and report of VAWC cases and assistance program
• Prescribe additional guidelines and standards consistent with R.A. 9262
• Upon receiving information, verify and seek police assistance
• Enter the dwelling whether or not PO was issued and ensure safety of victim survivors
• Interview, investigate and document testimony inform victim-survivors of their rights and remedies records shall be confidential right to privacy respected
• Arrest perpetrator observing rules on warrantless arrests and confiscate any deadly weapon in the possession of the perpetrator or within plain view
• Escort victim-survivor to the nearest hospital or available medical facility for treatment and medico-legal examination assist in securing medico-legal report
• If not arrested, advise perpetrator to leave the house to prevent violence and to go to the barangay center, DSWD, LGU or NGO, church or other groups that provide counseling
• In case victim-survivors are to be placed in shelters, assist in taking their belongings and in their transfer
• Report incident and refer to the Local Social Welfare and Development Office of the LGU and the PNP Womens and Childrens Protection Desk within 4 hours from the time of reporting
• If victim-survivor a minor applying for BPO, assist and refer to NGOs, social workers for counseling, temporary shelter and other support services
• Monitor respondents compliance to BPO
• Ensure the safety and continued support during the 15-day period
• Assist in filing complaint
• Ensure that all pertinent documents forwarded to the law enforcer
• Maintain separate logbook which shall be kept confidential
• Not attempt to influence victim-survivors to abandon claim arbitration not applicable
• counsel explain to respondent obligation to support
• Failure to report fine ltP10,000.00 or criminal, civil, administrative liability
• Administrative Complaint---Sangguniang Panglunsod or Bayan for gross neglect of duty or misfeasance
• Investigate i.e., take statement, collect evidence, etc.
• Refer to the nearest PNP crime laboratory and/or hospital or any medical facilities for medico-legal examination ensure, if possible that the examining physician must be of the name gender as the victim-survivor, esp. in sexual violence cases
• Only persons expressly authorized by the victim survivor shall be allowed by the WCPD officer inside investigation and examination room
• Ensure confidentiality maintain separate blotter for VAWC cases must not be accessible to media
• Refer to social worker of the LGU, any available DSWD shelters, NGOs and other service providers for psychosocial intervention and other rehabilitation programs
• Forward investigation and all evidence to the prosecutor
• If there are manifestations of BWS validated by past police records and witnesses testimonies, WCPD officer shall inform the punong barangay, the local social worker or the concerned NGOs, local, professional or civic groups for appropriate psychiatric and psychological evaluation which may form part of the evidence to be presented in court
• Assist in the application of PO and enforce PO
• Respondent ASAP by entering dwelling if necessary
• Confiscate weapon/firearm, etc. in plain view
• Effect warrant of arrest effect warrantless arrests under the rules
• Assist in facilitating transfer to a safe place of choice including removal of personal belongings
• Monitor and follow-up case maintain periodic assessment report of all cases
• Participate in multi-disciplinary mechanisms
• Properly document victims physical, emotional or psychological injuries
• Properly record victims suspicions, observations and circumstances of the examination or visit
• Automatically provide the victim free of charge a medical certificate concerning the examination or visit
• Keep records safe and available to victim upon request
• Provide immediate and adequate notice of rights and remedies pursuant to R.A. 9262 and services available to victim
• By Women and Children Protection Unit (WCPU) in DOH-retained hospitals or in coordination with LGUs or other government health facilities
• Complete physical and mental examinations
• Medical/surgical treatment
• Psychological and psychiatric evaluation and treatment
• Hospital confinement when necessary
• Referral to specialty hospital and other concerned agency as needed
• Manage the reproductive health concerns of victim-survivors
• If necessary, contact the DSWD or social worker of the LGU for emergency assistance or to the police womens childrens desk
• Properly document victim-survivors complete condition, etc.
• Provide medical certificate free of charge---public hospitals clinics
• Safeguard record and make the same available upon request at actual cost
• Notify victim-survivors of rights, remedies and services available
• Provide emergency care
• Establish programs i.e., education, information campaign, seminars, symposia in nature, causes, incidence and consequences of VAWC
• Ensure education and training of their officers and personnel on the prevention of VAWC
• (IRR) The following agencies shall specifically integrate VAWC issues in their strategy and program formulation and implement programs and services for the prevention and elimination of VAWC and for the protection of VAWC victim-survivor
• Bureau of Jail Management and Penology (BJMP)
• Commission on Higher Education (CHED)
• 3. Department of National Defense (DND)
• 4. National Police Commission (NAPOLCOM)
• 5. National Commission on Indigenous People (NCIP)
• 6. National Statistical Coordination Board (NSCB)
• 7. Office on Muslim Affairs (OMA)
• 8. Philippine Information Agency (PIA)
• 9. Technical Education and Skills Development Authority (TESDA)
• Barangay Official or the court hearing the application for a P.O. shall not order, direct, force or in any way influence the applicant to compromise or abandon any of the reliefs sought.
• No mediation or conciliation of acts of VAWC in the barangay (Sec 410-413 LGC amended)
• NO CRIMINAL, CIVIL, ADMINISTRATIVE LIABILITY
• Any person, private individual, police authority, barangay official acting in accordance with law, who responds or intervenes without using violence or restraint greater than necessary to ensure safety of the victim.
• Location of service provider shall not be disclosed
• Rights of persons arrested shall be respected
• Right to be treated with respect and dignity
• Legal assistance from PAO or any public assistance office support services from DSWD, LGUs
• To be informed of their rights and services available including right to apply for protection order
• Additional 10 day paid leave from work aside from present paid leave benefits
• Certification that action is pending
• All legal remedies and support under the Family Code
• Actual, compensatory, moral exemplary damages
• Exception from payment of docket fee and other expenses if indigent or there is immediate necessity.
• DSWD shall provide rehabilitative counseling and treatment of perpetrators
• Constructive ways of coping with anger and reforming their ways
• When necessary, the Court shall order offender to submit to psychiatric treatment or confinement
• (IRR) DSWD with NGOs and LGUs shall ensure effective psychosocial rehabilitation of offender which includes but not limited to the following
• Development of policies and procedures relative to the delivery of rehabilitation services ensuring its effectiveness and efficiency
• Provision of appropriate training to City/Municipal Social Workers and other service providers who are implementing rehabilitative/trea tment programs
• 3. Establishment of system of accreditation of counselors and rehabilitation programs in coordination with concerned institutions and the academe for regulatory purposes
• Those issued with BPOs or TPOs PPOs shall be subject to mandatory, rehabilitative counseling and treatment
• Perpetrators covered by the program
• Referred by the PNP Women and Children Protection Desks, LGUs, NGOs, etc.
• Referred by concerned citizens or groups
• Court records and barangay records
• Right to privacy of victim
• Violation -contempt power of the court
• 1 year imprisonment fine of not more than P500,000.00
• The DSWD and LGUs shall
• Provide emergency shelter, psycho-social counseling and other rehabilitation services
• Ensure that service providers in institutions/centers for women and children are gender sensitive and uphold the rights of women and children
• c. Make available relevant skills training and other livelihood development services
• d. Ensure their successful social re-integration and after-care
• e. Continue to develop relevant programs and strategies to ensure protection, healing, recovery and social re-integration and address their emerging needs and concerns
• DSWD- Chair
• NCRFW-Secretariat
• Womens Crisis Center
• Womens Legal Bureau

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REPUBLIC ACT No. 9262 ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004 ATTORNEY RUTH EUNICE L. MINALegal Service, DSWD

Woman- refers to the following:

1. wife2. former wife3. one with whom the person has or had a dating or sexual relationship4. one with whom he has a common child

Child- person below 18 years of age or older but who is unable to fully take care of himself/herself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition.

Violence against women and their children -refers to any act or a series of acts committed by any person against a woman 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.

Violence Against Women & their children (VAWC) any act or series of acts committed by any PERSON against a WOMAN who is his wife, former wife, or with whom the person has or had a sexual or dating relationships, orwith whom he has a common child, oragainst her child/child under her care

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

ELEMENTSRelationship, past or presentMarried or not; living in or notSexual or dating relationshipIncluding lesbian relationshipsWith common childFalling under Sec. 5 (punishable acts)

ACT OR ACTS WHICH CONSTITUTE VIOLENCE AGAINST WOMEN AND THEIR CHILDREN

Physical violenceSexual violencePsychological violenceEconomic violence

PHYSICAL VIOLENCE - refers to acts that include bodily or physical harm. It includes causing, threatening, attempting to cause physical harm to the woman or her child or placing the woman or her child in fear of imminent physical harm.

SEXUAL VIOLENCE - refers to an act which is sexual in nature like rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser, forcing the woman or her child to watch indecent shows or do indecent acts, or prostituting the woman or child.

PSYCHOLOGICAL VIOLENCE - refers to acts or omissions causing or is likely to cause mental or emotional suffering of the victim like intimidation, harassment, stalking, 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 his or her will, destroying the property, public ridicule or humiliation, repeated verbal abuse and marital infidelity, or unlawful or unwanted deprivation of the right to custody and/or visitation of common children.

ECONOMIC ABUSE - refers to acts that make or attempt to make a woman financially dependent like withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation or business, deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of their property, controlling the victims own money or properties or solely controlling the conjugal money or properties.

Remedies of the offended party

1. File a Petition for a Protection Order2. File a Criminal Action for Violation of Anti-VAWC3. File a Criminal Action with reservation of a separate civil action; or4. File a Civil Action for Damages

PROTECTION ORDER - an order issued for the purpose of preventing or safeguarding further acts of violence against a woman or her child, minimizing any disruption in the victims daily life, and facilitating the opportunity and ability of the victim to independently regain control over her life.

KINDS OF PROTECTION ORDER

1. BARANGAY PROTECTION ORDER (BPO) - issued by the Punong Barangay, or in his absence the Barangay Kagawad, ordering the perpetrator to desist from causing or threatening to cause physical harm or bodily injury against the offended party. This is effective for 15 days.

2. TEMPORARY PROTECTION ORDER (TPO) - issued by the court on the date of filing of the application or in the course of the hearing and effective for 30 days.

3. PERMANENT PROTECTION ORDER (PPO) - issued by the court after notice and hearing and effective until revoked by the court upon application of the person in whose favor the order was issued.

RELIEFS GRANTED UNDER THE PROTECTION ORDER

1. Prohibition from committing or threatening to commit acts of violence;

2. Prohibition from harassing, annoying, telephoning, contacting or communicating with petitioner;

3. Removal or exclusion of respondent from residence of petitioner, regardless of ownership of the residence, either temporarily or permanently;

4. Directing respondent to stay away from the residence, school, place of employment of petitioner or designated family or household member;

5. Directing lawful possession and use by petitioner of an automobile and other essential personal effects, regardless of ownership;

6. Granting a temporary or permanent custody of a child/children to petitioner;

7. Directing respondent to provide support to the woman and/or her child if entitled to legal support;

8. Prohibition to use, possess any firearm or deadly weapon and to surrender the same to the court including revocation of license and disqualification to apply for license;

9. Actual damages;

10. Directing DSWD or any appropriate agency to provide temporary shelter;therapy, counseling, and

11. other reliefs

WHO MAY FILE PETITION FOR PROTECTION ORDER

1. offended party2. parents or guardian3. ascendants, descendants and other relatives4. Social Worker5. Police Officer6. Punong Barangay or kagawad7. Lawyer, counselor or therapist8. Two (2) concerned and responsible citizens

WHERE TO APPLY FOR A PROTECTION ORDER

BPO- in the Barangay where the parties reside or where the respondent resides. TPO and PPO- in the Family Court where the petitioner resides. If none, in the RTC, MeTC, MTCC, MTC or MCTC where the petitioner resides.

*If PB is not available, any available Brgy. Kagawad may admit the complainantFLOWCHART ON THE ISSUANCE AND ENFORCEMENT OF BARANGAY PROTECTION ORDER (BPO) PER RA 9262

Sample of Barangay Protection Order

STARTPB/Kagawad receives info (orally or in wiritng) from concerned individual or neighborVictim reports incident to PB/ Kagawad / PNP stationThe PB/ Kagawad serves BPO to the respondent A B BPB/Kagawad any concerned individual goes to the erear & enters the dwelling, verifies incidentYesNoFLOWCHART IN HANDLING VAWC CASESPB/Kagawad interviews victim, records, & advises her to file an application for BPO*PB/Kagawadassists victim get medical attention & refers victim to nearest available hospitalIs victim injured and/or psycholo-gically disturbed?Is perpe-trator around?victim decides not to return home? BNoYesYesNo

Victim stays with relatives / friendsPB/ Kagawad refers victim to DSWD/ LSWDO A BPB/Kagawad / LSWDOprovides counselling to victim and/or perpetrator after ex parte hearing on BPOYesFLOWCHART IN HANDLING VAWC CASES>victim concerned part file/s application for BPO

>PB/Kagawad logs incidentPB/Kagawadconducts ex parte hearing on BPOBP/ kagawad issues BPO CNoYes

BPO served to respondentNoThe PB/ Kagawad serves BPO to the respondentVictim agrees on BPO

Concerned agencies provide interventionPB/Kagawad provides sustained assistance and refers victim for other support services C DLSWDO/PNP monitors & evaluate caseYesFLOWCHART IN HANDLING VAWC CASESPB/ kagawad files a case for violation of BPOPB/Kagawadmonitors case for 15, days reports (within 15 days) & refers case to PNP/ local social worker ENoYesProsecutor files a case for violation of BPONoCourt hears case & issues BPOCourt issues TPO EENDComplainant /victim files complaint with PNP

DYesFLOWCHART IN HANDLING VAWC CASESVictim appeals case to DOJPNP refers complaint to prosecutor for preliminary investigationNoProsecutor files a case in court & applies for TPO E

EXEMPTION FROM LIABILITYNO CRIMINAL, CIVIL, ADMINISTRATIVE LIABILITY :Any person, private individual, police authority, barangay official acting in accordance with law, who responds or intervenes without using violence or restraint greater than necessary to ensure safety of the victim

PENALTIES a.Causing physical harm to the woman or her child

1. if constituting attempted, frustrated or consummated parricide or murder or homicide or mutilation punished in accordance with the provisions of the Revised Penal Code;2. if constituting serious physical injuries penalty of prision mayor;3. if constituting less serious physical injuries punished by prision correccional; and4. if constituting slight physical injuries punished by arresto mayor.

b. Threatening to cause the woman or her child physical harm imprisonment of two (2) degrees lower than the prescribed penalty for the consummated crime but shall in no case be lower than arresto mayor.

c. Attempting to cause the woman or her child physical harm punished by arresto mayor.

d. Placing the woman or her child in fear of imminent physical harm punished by arresto mayor.

e. Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or to desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the womans or her childs freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or her child punished by prision correccional.

f. Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions punished by arresto mayor.

g. Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family punished by prision mayor.

h. Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child punished by prision mayor.

i. Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child punished by prision mayor.

BATTERED WOMAN SYNDROME (BWS) - refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. This is a novel defense where victim-survivors do not incur criminal and civil liability.People of the Phil. Vs.Marivic Genosa GR No. 135981, January 15, 2004

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