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What is violence against women and their children?

-It is define under the law as the law penalizing acts of violence against
women and their children as a public crime.
Why is it a public crime?
-offence against women is an offence against the state.
Note:
-cant be considered as private crime
Violence against women and their children includes:
-physical violence
-sexual violence
-psychological violence
-economic abuse
Note:
-practically any mark you do towards women those mark is punishable under
this act
-This act is punishable even if committed outside
What is violence against women and their children under the law?
- refers to any act or a series of acts committed by any person against a
woman who is his wife, former wife, or against a woman with whom the person has
or had a sexual or dating relationship, or with whom he has a common child, 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 including threats of such acts, battery, assault,
coercion, harassment or
arbitrary deprivation of liberty.
Note:
-It is a misunderstanding to say that the offender in this particular special
penal law is always a man it can be a woman.
-person refers to a man or a woman
-preventive type of act
-For example a woman lawyer force to become a nurse in order for her to go
to America it will fall under violence against women.
Who are those protected under the law?
-it states there women and their children
-children under 18 years of age legitimate or illegitimate (R.A. 7610)
-above 18 who cant take care of themselves including children which is not
biological children who are under their care (ex. Niece, any child under someones
custody is included)
Note:
-woman can be punishable under this act because she is considered as a
person. For example is a lesbian.
Sexual relationship:
-refers even a single sexual act

-does not require sexual intercourse


-foreplay considered as sexual relationship
Economic Abuse:
-commonly misunderstood provision
-when a man intentionally makes his woman financially dependent on him,
for the purpose of manipulating her that is economic abuse.
Psychological violence:
-repeated verbal abuse
-public humiliation
-threatening a woman
-stalking a woman in a public or private place without justification
Physical Abuse:
-battery
-physical injuries
Sexual violence:
-attempting to make a woman perform sexual act do not constitute rape
Ex. A man telling a woman to undressed and dance in order for him to take video.
-prostituting a woman or a child
Remedies of the victim:
- The protection orders that may be issued under this Act are the barangay
protection order (BPO), temporary protection order (TPO) and permanent protection
order (PPO).
-She may file a criminal case
Note:
-(BPO) is to be filed in the barangay while (TPO)and(PPO) is to be filed in the
court under criminal action of R.A. 9262.
-If the Barangay Captain is not available the councilors can issue a BPO
-common mistake by the barangay is that after they receive the request they
will immediately summon the respondent
-the barangay shall only hear the allegation of the woman and determined if
it is proper for the issuance of the BPO.
-If the barangay captain fails to issue a BPO then he-she may be
administratively liable.
-BPO is not a prerequisite for TPO
-common mistake in the court is that the TPO should be issued immediately
within 24 hours
-TPO can be filled in any regional trial court
-there are municipalities that do not have a regional trial court it may be filed
in a municipal trial court or in a metropolitan trial court.
-usually when there is a municipal trial court there is a regional trial court
-Municipal Circuit Court is located close to the municipal and a court (sikit)
- Family court in the absence of a family court proceed to RTC in the absence
of RTC proceed to
NTC.

If the woman cannot request for protection order because she might be
restrained or might not be able to move due to injury. Can anyone else file
on her behalf?
-Yes, if she cannot do that her parents or her guardian, any relatives or
generally anyone can file on her behalf.
-It is not necessary for other person to ask for paper with the woman
penmanship on it requesting for protection it can be done verbally.
-Other person can ask for protection order without the consent of the victim
in case of emergency purpose.
-During the hearing of the BPO the respondent should be excluded
-the BPO is only effective for 15days it is non-extendable.
-It the BPO is not sufficient one must assist in applying for TPO
- A complaint for a violation of a BPO issued under this Act must befiled
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 thirty (30) days without
prejudice to any other criminal or civil action that the offended party may file for
any of the acts committed.
BPO- it is an order for the respondent to stop threatening or committing physical
harm only. It cannot include support to the woman or the minor children but it can
require a man to leave the hous It is only to protect the woman.
TPO- if the BPO is not enough then the woman can apply for TPO which aims to
obtain a PPO. The TPO is issued the same date of the application (within 24 hours).
Its effect is up to 30 days and it is extendable. The court shall decide on the
issuance of the PPO.
In having a protection order the respondent shall have a stay away order. Meaning
the respondent shall stay away from the woman or the children or any household
member. The respondent also is requires to stay away from places like the woman s
work place or the childrens school.
SANCTIONS:
-living by himself
-the minor childrens custody will be given automatically to the woman.
-give support to the wife and minor children (requires depositing certain amount by
the court)
-The respondent is to leave the house temporarily or permanently regardless of who
own the house.
-not allowed to communicate to the woman and children.