UNIVERSITY OF SANTO TOMAS FACULTY OF ARTS AND LETTERS

Compliance of applicable provisions under the Anti-Violence Against Women

and their Children Act of 2004 for Quezon City Barangays
Based on the Perception of its Officials

A Thesis Submitted to the

Faculty of Arts and Letters UST in Partial Fulfilment
of the Degree AB Legal Management

Submitted by:
Gonzales, Timmy D.
See, Nicole Shina M.
Zarraga, Alyssa R.
March 2015

UNIVERSITY OF SANTO TOMAS FACULTY OF ARTS AND LETTERS

ABSTRACT

Domestic violence continues to be a problem of the country today. Even

a decade after the passage of the Anti-Violence Against Women and Their
Children Act of 2004, the number of violence against women, as reported by
the Philippine National Police, is still on an upward trend. To address this
problem, it is important to examine the role of local government units since
they contribute to the total effectiveness of a law. With this in mind, this study
aims to review the barangays' compliance with the requirements of the Act.
Laws, ordinances and previous researches were used to identify the prime
duties of the barangays. Interview method was applied to gather data, having,
as respondents, barangay officials and staffs who are tasked to address these
kinds of cases. The study then discusses the most commonly complied and
neglected duties by the barangays, as well as the causes for such noncompliance.

Keywords: Domestic violence, Anti-Violence Against Women and Their

Children Act of 2004, barangay, compliance,

UNIVERSITY OF SANTO TOMAS FACULTY OF ARTS AND LETTERS

ACKNOWLEDGEMENT

First and foremost, we would like to thank our Heavenly Father for
providing us wisdom, strength, patience and determination through the
completion of our thesis.
We would also like to thank Atty. Antonio M. Chua, our program
coordinator, for giving us this chance to conduct this study.
We would like to thank our thesis adviser, Atty. Ramon C. Nolasco, Jr.,
for inspiring and guiding us through this study.
We would also like to thank Sir Karl Edward Torres for his insights and
guidance through this study, Atty. Claire Padilla and Ms. Josie Fallesgon, for
helping us in building our connections, and, our respondents for their time and
inputs.
Last but not the least, we would like to thank our parents for their neverending support, patience and understanding, as well as our friends,
colleagues and all others who have made this thesis possible.

UNIVERSITY OF SANTO TOMAS FACULTY OF ARTS AND LETTERS

TABLE OF CONTENTS
Page
Title Page

Abstract

ii

Acknowlegdement

iii

Table of Contents

iv

1.0 Problem and Its Background

1.1 Background

1.1.1 History of the Law

1.1.1.1 International Conventions

1.1.1.2 Before the Adoption of the Anti-VAWC Act

1.1.1.3 Legislative History

1.1.2 Summary of Articles

1.2 Statement of the Problem

1.3 Hypothesis

11

1.4 Objective of the Study

11

1.5 Conceptual Framework

11

1.6 Significance of the Study

12

1.7 Scope and Limitation

13

1.8 Definition of Terms

14

UNIVERSITY OF SANTO TOMAS FACULTY OF ARTS AND LETTERS

2.0 Review of Related Literature

2.1 An Overview of the Gender Situation in the Philippines

17
17

2.2 Laws and Ordinances

20
2.2.1 Gender and Development Code
of the Philippines
2.2.2 RA 9710: The Magna Carta of Women
2.2.3 Implementing Rules and Regulation of the
Anti-VAWC Act
2.2.4 Local Government Code, Book III, Title One
2.3 USE RA 9262: Gap Assessment Report
2.4 Performance Standards and Assessment Tools for Services:
Addressing Violence Against Women in the Philippines
2.5 The Continuing Challenges of Implementing the BPO Provisions 44
of RA 9262
2.5.1 Survey and Validation of Workshop
2.5.2 Analysis on the cases brought to SALIGAN
2.6 Synthesis
51

21
22
25
31
36
40

45
50

3.0 Research Methods

54

3.1 Research Design

54

3.2 Sample Size and Sampling Design

55

3.3 Data Gathering Instrument

56

3.4 Data Gathering Procedure

58

3.5 Data Analysis

59

4.0 Results and Discussion

61

UNIVERSITY OF SANTO TOMAS FACULTY OF ARTS AND LETTERS

4.1 Grounds Accepted by Respondents for the Issuance of BPO

61

4.2 Handling of Respondents of Economic Abuse Cases

63

4.3 Requirement for Issuance of BPO

65

4.4 Ex Parte Determination of Respondents for Applications of BPO

68

4.5 Period Before Issuance of BPO

71

4.6 Period of Effectivity of BPO

73

4.7 Respondents Allowing BPO Renewal

74

4.8 Respondents on Settlement

77

4.9 Respondents Confusion on VAWC Proceedings and Lupon

78

Proceedings
4.10 Respondents Budget Allocation for GAD

80

4.11 Respondents Conduct Project for VAWC Victims

84

4.12 Respondents Coordinate with Agencies Required by Law

86

4.13 Challenges Seen in the Implementation of the Act

89

4.14 Relation of the Period of Existence of VAW Desk with the

93

Services of the Respondents

4.15 Relation of Number of Years in Service of the Barangay

100

Chairman to the Services of the Barangay

5.0 Conclusion and Recommendation
5.1 Conclusion

104
104

UNIVERSITY OF SANTO TOMAS FACULTY OF ARTS AND LETTERS

5.2 Recommendation

111

5.2.1 To Improve the Law

5.2.2 To Improve the Study

111
112

Bibliography

115

Appendix

118

ANNEX A: Annual Comparative Statistics on Violence

Against Women, 2004 - 2013

118

ANNEX B: Questionnaire

119

ANNEX C: Questions for Assessment

122

ANNEX D: Chosen Respondent Barangay

123

ANNEX E: Indicators

124

ANNEX F: Assessment Tool Results

125

ANNEX G: Indicators and Assessment Tool

126

Curriculum Vitae

127