Republic Act 9262

Anti-Violence Against Women and Their Children Act of 2004
2/11/2013
JP Humiding/Copyright
CONTEXT OF THE LAW OVERVIEW OF THE LAW RESPONSIBILITIES & OBLIGATIONS OF PERSONS UNDER THE LAW
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CONTEXT
On the average, a woman is beaten up every 2 hours and 40 minutes. Another is raped every eight hours. Almost two women are exposed to lascivious acts everyday. A child is sexually abused every two hours and 40 minutes. Another is beaten up almost every three hours. 1 is neglected every three hours and 25 minutes. Another is abandoned around every eight hours.
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Fleeing Violence
There is enormous social pressure on women in the Philippines to be docile and subservient within the family and intimate relationships. These attitudes make it very difficult for women to leave abusive relationships. Studies show that women in abusive situations in the Philippines endure repeated and escalating violence for an average of 10 years before seeking assistance.
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VIOLENCE AGAINST WOMEN &

THEIR CHILDREN
- 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 or psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. Xxx (Sec. 3.a., RA 9262)
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OVERVIEW OF RA 9262
What relationships are covered? Who are liable? What are the acts punished? What are the penalties? What are the remedies of victims? Who may file complaint? What are other relevant provisions.
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RELATIONSHIPS COVERED
MARITAL
SEXUAL
DATING
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Who are liable?

any person... with whom the person has or had a sexual or dating relationship (i.e.husbands, boyfriends, female lovers)
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What are the acts punished?

VIOLENCE AGAINST WOMEN & THEIR CHILDREN
PHYSICAL VIOLENCE SEXUAL VIOLENCE PSYCHOLOGICAL VIOLENCE ECONOMIC ABUSE
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ACTS OF VIOLENCE
(Sec. 5, RA 9262)
Causing physical harm Threatening physical harm Attempting to cause physical harm Placing the victim in fear of imminent physical harm
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Acts of Violence Continued

Attempting to compel or compelling the woman or her child to engage in conduct they have a right to engage in; Restricting freedom of movement such as:
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Acts of Violence Continued (Forms of restriction & control) Threatening actually depriving child custody or access to family; Threatening or depriving financial support or giving insufficient financial support; Threatening or depriving a legal right; Preventing exercise of profession, occupation or business .
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Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions; Causing or attempting to cause victim to engage in any sexual activity; Engaging in purposeful, knowing or reckless conduct, that alarms or causes emotional or psychological distress:
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Acts that cause alarm, emotional or psychological distress

Stalking Peering in the window or lingering in the place of residence of victim Entering or remaining in the dwelling or property of the woman against her will Destroying victims property or personal belongings; Inflicting harm to victims pets or animals Engaging in any form of harassment or violence
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Causing mental or emotional anguish, public ridicule or humiliation to the victim such as: Repeated verbal & emotional abuse Denial of financial support/Custody Denial of access to the womans child/children
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PENALTIES
Generally, the penalties imposed are 1 degree higher than that imposed in ordinary crimes.
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REMEDIES OF THE VICTIMS

PROTECTION ORDERS HOLD-DEPARTURE ORDERS TEMPORARY SHELTER OTHER RELIEFS
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PROTECTION ORDERS
Barangay Protection Order Temporary Protection Order Permanent Protection Order
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RELIEFS PROVIDED BY A PROTECTION ORDER

Prevention of further acts of Violence Grant of other necessary relief such as Prohibition Removal and Exclusion Provision of Support Restitution Others (Sec. 8, RA 9262)
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WHO MAY FILE PETITION FOR PROTECTION ORDER? (Sec. 9, Ra 9262)
Offended Party Parents or Guardians of the Offended Party Ascendants/Descendants or Collateral Relatives within the 4th Civil Degree of Consanguinity or Affinity
2/11/2013 JP Humiding/Copyright
Who may file continued

Officers or Social Workers of the DSWD or LGUs Police Officers (preferably those in charge of womens and childrens desks) Punong barangay or kagawad
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Who may file continued

Lawyer, counselor, therapist or healthcare provider of the petitioner At least 2 concerned and responsible citizens who have personal knowledge of the offense committed
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OTHER RELEVANT PROVISIONS

Sec. 25. Violence Against Women and their Children is a Public Crime
Sec. 26. Battered Woman Syndrome is a Defense
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Other Relevant Provisions continued

Sec. 28. Custody of Children Sec. 34. Persons Intervening Are Exempt from Liability Sec. 35. Entitlement to Damages Sec. 43. Entitlement to Leave Sec. 44. Confidentiality
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RESPONSIBILITIES UNDER THE LAW

As a CITIZEN As an EMPLOYER
As a GOVERNMENT OFFICIAL
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Responsibilities as a Citizen
Intervention (Sec. 34) Filing of Appropriate Case {Sec. 9 (h)}
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Responsibilities as an Employer
Compliance with Court Order to deduct amount for Support of Victim from Perpetrators Salary (Sec. 8.g)
Grant of Leave to the Victim (Sec. 43)
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Responsibilities as a Government Officer

Social Workers (Sec. 9.d) Police Officers (Sec. 9.e) Prosecutors and Court Personnel (Sec. 29) Barangay Officials and Law Enforcers (Sec. 30)
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Penalties imposed on Barangay Officials and Law Enforcers Who Fail to Report Incidents of Abuse
FINE NOT EXCEEDING Php 10, 000.00 PESOS plus civil and administrative liability
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CONCLUSION
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Republic Act 9262

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Republic Act 9262

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Anti-Violence Against Women and Their Children Act of 2004

VIOLENCE AGAINST WOMEN &

Who are liable?

What are the acts punished?

Acts of Violence Continued

Acts of Violence Continued

Acts that cause alarm, emotional or psychological distress

Acts of Violence Continued

REMEDIES OF THE VICTIMS

RELIEFS PROVIDED BY A PROTECTION ORDER

WHO MAY FILE PETITION FOR PROTECTION ORDER? (Sec. 9, Ra 9262)

Who may file continued

Who may file continued

OTHER RELEVANT PROVISIONS

Other Relevant Provisions continued

RESPONSIBILITIES UNDER THE LAW

Responsibilities as a Government Officer

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