Republic Act 9262

Anti-Violence Against Women and their Children Act (Anti-VAWC)

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Introduction

RA 9262 harnessed the criminal justice system to solve the problem of domestic violence The Philippines has joined the more advanced countries of the world in trusting our criminal justice system to give relief to victims of domestic violence

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Effectivity of the RA9262

RA 9262 was signed into law by President GMA on March 8, 2004 and became effective on March 27,2004 The IRR was approved and promulgated on September 21, 2004

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Foundations and Basis of RA9262 or Anti-VAWC Law

Women and Childrens Rights are Human Rights

Founded on fundamental freedoms guaranteed under :

Constitution (Sec 14, Art II) Universal Declaration of Human Rights (basic human right to life, equality, pursuit of happiness; founded on the respect for dignity and worth of each person)

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Foundations and Basis of RA9262 or Anti-VAWC Law

Convention on the Elimination of All Forms of

Discrimination Against Women (CEDAW)

Convention on the Rights of the Child Other international human rights instruments to
which the Philippines is a party

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Objectives of RA 9262

To address the widespread acts of violence directed against women and children To protect the family and its members, particularly women and children, from violence and threats to their personal safety and security

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Definition: Violence Against Women and Children

Any act or a series of acts committed by any person

Against a woman who may be:

Wife/former wife of the abuser Abuser has or had sexual or dating relationship With whom the abuser has a common child

Against a womans child, whether legitimate or illegitimate

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Definition: Violence Against Women and Children

the acts are committed within or outside the family residence

the acts result in or is likely to result in physical, sexual, psychological harm or suffering, economic abuse, threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty

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Acts of Violence
Physical Violence Sexual Violence Psychological Violence Economic Abuse

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Any act that is sexual in nature, including but not limited to rape, sexual harassment, acts of lasciviousness Treating the woman or her child as a sex object

Sexual Violence

Making demeaning and sexually suggestive remarks

Physically attacking the sexual parts of the victims body Prostituting the woman or her child

Physical Violence

Inflicting bodily or physical harm

Forcing the victim to watch obscene publications and indecent shows Forcing the victim 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
Causing or attempting to cause the victim to engage in any sexual activity by force, physical or other harm, coercion or threats thereof

Sexual Violence

Acts or omissions causing or likely to cause mental or emotional suffering of the victim, such as but not limited to:

Psychologica l Violence

Intimidation Harassment Stalking Damage to Property Public ridicule or humiliation Repeated verbal abuse Marital Infidelity

Acts or omissions causing or likely to cause mental or emotional suffering of the victim, such as but not limited to:

Causing or allowing the victim to witness the physical, sexual or psychological abuse of a family member to which the victim belongs Causing or allowing the victim to witness pornography in any form Causing or allowing the victim to witness abusive injury to pets Unlawful or unwanted deprivation of the right to custody and/or visitation of common children

Psychologica l Violence

Economic Abuse

Acts that make or attempt to make a woman financially dependent, including: Withdrawal of financial support Preventing the victim from engaging in any legitimate profession, occupation, business or activity Deprivation or threat of deprivation of financial resources and the right to conjugal, community or property owned in common Destroying household property controlling the victims own money or properties

Persons Liable and Victims under RA9262

Who may be liable

Who may be victims

Any person whether male or female

Women and their children

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Rights and Protection Granted to Victims under RA 9262

To be treated with respect and dignity

To be informed of their rights and services available to them

To be entitled to custody and support of her children
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Rights and Protection Granted to Victims under RA 9262

To avail of legal assistance from the PAO or any other agency To ask for damages To apply for a hold-departure order To be exempt from payment of docket fees, transcript of stenographic notes, and other court fees, if an indigent or if there is an urgency to act upon the application for a protection order To treat his/her case with confidentiality
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Rights and Protection Granted to Victims under RA 9262

To be entitled to support services from the DSWD and LGUs (temporary shelter, counseling and psycho-social services, recovery/rehabilitation programs, livelihood assistance To be entitled to medical assistance from the DOH To be entitled to paid leave of absence from work up to ten days

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Rights and Protection Granted to Victims under RA 9262

TO BE ENTITLED TO A PROTECTION ORDER Barangay Protection Order Temporary Protection Order

Permanent Protection Order

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Protection Orders

An order issued for the purpose of preventing further acts of violence against a woman or her child. The relief granted under the protection order should serve the purpose of safeguarding 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
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Barangay Protection Order

Issued by the barangay ordering the respondent to desist from causing physical harm or threatening to cause physical harm to the woman or her child

Effectivity - 15 days
Enforceable within the barangay
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Temporary Protection Order

The protection order issued by the court immediately upon the filing of the application, upon a finding that it should be granted.

It is issued without need for a hearing

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Permanent Protection Orders

The protection order issued by the court after notice and hearing

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Who may apply for Protection Order

The offended party Parents or guardians of the offended party Ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity Officers or social workers of the DSWD or social workers of LGUs
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Who may apply for Protection Order

Police officers, preferably those in charge of women and childrens desks Punong barangay or barangay kagawad Lawyer, counselor, therapist or healthcare provider of the petitioner At least two concerned responsible citizens of the city or municipality where the violence against women and children occurred and who have personal knowledge of the offense committed
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Roles of the Barangay in Implementing RA9262

Issuance of Barangay Protection Order (BPO)

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Relation of RA 9262 to Katarungang Pambarangay

Amicable settlement, conciliation, and arbitration as provided in the Katarungang Pambarangay rules not applicable where relief is sought under RA 9262

Case to be filed directly with the Family Courts

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Reliefs under the BPO

Prohibition of the respondent from threatening to commit or committing, personally or through another, any acts of physical violence against the woman or her child Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise communicating with the victim-survivor, directly or indirectly

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Procedure
1.

File application with Punong Barangay/ Available Barangay Kagawad Punong Barangay determines merit without hearing Punong Barangay/ Available Barangay Kagawad issues the Barangay Protection Order (BPO)

2.

3.

4.

Punong Barangay funishes copy to the Womens and Childrens desk of the PNP that has jurisdiction over the barangay

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Procedure
5.

Punong Barangay or Barangay Official serves the BPO to the respondent

The Punong Barangay or the Barangay Kagawad shall personally serve a copy of the BPO to the respondent The BPO is deemed served upon receipt of the same by the respondent or by any adult who received the BPO at the address of the respondent If respondent or any adult in his residence refuses to receive the BPO, it shall be deemed served by leaving a copy of the BPO at the said address in the presence of at least two (2) witnesses

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Important Reminders!

The Punong Barangay must issue the BPO on the same day of application, immediately upon the conclusion of the ex-parte proceedings

The ex parte determination on the application for a protection order shall have priority over all proceedings
The Punong Barangay or kagawad, law enforcers and other government agencies shall not mediate or conciliate or influence the victim-survivor/petitioner for a protection order to compromise or abandon the relief sought

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Violation of BPO

A complaint for violation of the BPO must be filed directly with any municipal trial court, metropolitan trial court, or municipal circuit trial court that has territorial jurisdiction over the barangay that issued the BPO. Violation of a BPO shall be punishable by imprisonment of 30 days without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed
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Protocol in Handling VAWC Cases at Barangay Level

1. Upon being informed of an act of VAWC, the barangay official shall immediately verify the information. If necessary, said official shall seek the assistance of the police;

2. Respond immediately to a call for help or request for assistance or protection of the victim-survivor by entering the dwelling whether or not a protection order has been issued and ensure the safety of the victimsurvivors;
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Protocol in Handling VAWC Cases at Barangay Level

3. Interview the victim-survivors and the witnesses to determine the facts, and inform the victim-survivors of their rights and remedies (All records pertaining to cases of VAWC shall be confidential); Arrest the perpetrator even without a warrant when any of the acts of violence is occurring, or 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; may also confiscate any deadly weapon in the possession of the perpetrator or within plain view;
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4.

Protocol in Handling VAWC Cases at Barangay Level

5. Transport or escort the victim-survivor to the nearest hospital, or available medical facility for treatment and medico-legal examination. Assist the victim-survivors to secure the medico-legal report;

6.

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;
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Protocol in Handling VAWC Cases at Barangay Level

7. If the victim-survivor needs to be placed in a shelter or safe place of their choice, the barangay official shall assist them in taking their personal belongings and taking their children and transfer them to a safe place;

8.

Report the incident and refer the victim-survivor to the Local social welfare and development office of the LGU and the Women and Childrens Protection desk at the nearest police station within 4 hours from the time of reporting;

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Protocol in Handling VAWC Cases at Barangay Level

9. If the victim-survivor applying for a BPO is a minor, any barangay official should assis him/her and shall refer him/her to NGOs, social workers for counseling, temporary shelter and other support services; 10. Monitor compliance of the respondent with the BPO;

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Protocol in Handling VAWC Cases at Barangay Level

11.

Ensure the safety and continued support to the victim survivor and her family during the 15-day period;

12.

Assist the victim-survivor in filing the appropriate complaint with the PNP Women and Childrens Protection desk or other law enforcement agencies
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Protocol in Handling VAWC Cases at Barangay Level

13. Ensure that all pertinent documents of the said cases are forwarded to the PNP Women and Childrens Protection desk;

14. Have a separate logbook for complaints and cases of VAWC and keep this confidential, always ensuring the privacy of victims;
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Protocol in Handling VAWC Cases at Barangay Level

15. Shall not attempt to influence the victimsurvivor to abandon her claim;

16. May call respondent for counseling and explain to him his legal obligations in cases where relief requested or applied involves request for financial support for education and medical needs. (This should not be construed as conciliation; victim-survivor shall not be present during the conference).
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Failure to report cases of VAWC

The barangay official or law enforcer shall be liable for a fine not exceeding P10,000.00 or whenever applicable criminal, civil or administrative liability

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Persons intervening exempt from liability

In every case of violence against women and their children, any person, private individual or police authority or barangay official who, acting in accordance with law, responds or intervenes without using violence or restraint greater than necessary to ensure the safety of the victim, shall not be liable for any criminal, civil or administrative liability resulting therefrom.

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Prohibited Acts for Barangay officials and judges

Ordering, directing, forcing or in any way unduly influencing the applicant for a protection order to compromise or abandon any of the reliefs sought in the application for protection order under RA 9262. Liability - may be held administratively liable
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Roles of the Barangay in the Implementation of RA9262

Other Duties

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Duties and Functions of Barangay Officials

Undertake an education program on RA 9262 and on violence against women and their children and why it exists, the rights and remedies of victim survivors, and the duties of residents and all barangay officials;

Ensure that all barangay officials, barangay health workers, barangay nutrition scholars, other barangay workers and tanod or barangay security officers undergo gender sensitivity seminars to enable them to respond to victims of violence;

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Duties and Functions of Barangay Officials

Have an anti-VAWC desk officer in the barangay who shall coordinate a one-stop help desk. As much as possible, this help desk shall be open 24 hours;

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

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Duties and Functions of Barangay Officials

Involve women in planning and implementation of all programs and projects in the barangay;

Support organizing efforts and development programs for women in the community; Prioritize livelihood projects for victimsurvivors;
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Duties and Functions of Barangay Officials

Have a family violence prevention program, including peer counseling for men;

If applicable/necessary, prescribe additional guidelines and standards provided that these are consistent with RA 9262

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