Presentation on theme: "“Anti-Violence Against Women and their Children Act of 2004”"— Presentation transcript:
1“Anti-Violence Against Women and their Children Act of 2004” Republic Act No. 9262“Anti-Violence Against Women and their Children Act of 2004”LILIAN DORIS S. ALEJOSenior State ProsecutorDepartment of Justice, Manila
2Scope: Husbands Former husbands Women VS. Boyfriends/partners 2. Their childrenlegitimateIllegitimateChildren under her care or custody-within or without the family abodeHusbandsFormer husbandsBoyfriends/partnersThose whom they have a common childHas or had sexual or dating relationship
4PHYSICAL 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.
5PSYCHOLOGICAL VIOLENCE Acts or omissions causing or likely to cause mental or emotional suffering including:StalkingDamage to propertyRepeated verbal abuseMarital infidelity
6ECONOMIC ABUSEActs that make or attempt to make a woman financially dependentIncludes:Withdrawal of financial supportPreventing her from engaging in a legitimate profession, business or activityDeprivation or threat of deprivation of financial resourcesDestroying household propertyControlling victim’s own money or properties
7VIOLENCE 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.
8Acts 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;
9Attempting 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.
10This 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;
113. 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;
12Inflicting 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.
13Engaging 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;
143. 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; and5. Engaging in any form of harassment or violence.
15Causing 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.
16Reliefs Given: Protection Orders 1. Barangay Protection Order 2.Temporary Protection Order3. Permanent Protection OrderBattered Women Syndrome--women found with BWS do not incur criminal liabilityProtective custody of the abused child by the DSWD even in the absence of PO (IRR)
17PROTECTION 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.
18PROTECTION ORDERSProhibition from threatening or committing, personally or through another any acts in Section 5.Prohibition from harassing, telephoning, contacting the petitionerRemoval 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.
19Directing law enforcer to accompany petitioner to the residence, ensure possession of automobile and other personal effects; supervise respondent’s removal of belongingsTemporary or permanent custody of childSupport - automatic remittance of salary or income by employerProhibition 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
20Directing DSWD or appropriate agency to provide shelter and social services. Provision of other forms of relief as the court deems necessaryRestitution for actual damages caused by the violence
21HOW TO APPLY FOR A PROTECTION ORDER Must be in writing, signed and verified under oath by the applicantShall contain:Names and addresses of petitioner and respondentDescription of relationship between petitioner and respondentStatement of the circumstances of the abuse
22Description of the reliefs requested by petitioner Request for counsel and reasons for suchRequest for waiver of application fees until hearingAn attestation that there is no pending application for a protection order in another courtIf applicant not the victim-survivor--- application with affidavit attesting to the circumstances of abuse suffered and circumstances of consent given by victim-survivor
23Will 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
24Who May File for Protection Orders Offended PartyParents or guardiansAscendants, descendants, collateral relatives within 4th degree of consanguinity or affinitySocial workers of DSWD or LGUsPolice OfficersPunong Barangay or kagawadLawyer, counselor, therapist, healthcare providerAt 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
25Barangay Protection Order Issued by Punong Barangay (PB) ex parteEffective for 15 days onlyOrdering perpetrator to desist from committing physical harm or threatening the woman or her childProhibiting perpetrator from harassing, annoying, telephoning, contacting or otherwise communicating with the victim survivor, directly or indirectly (IRR)
26Kagawad 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 BPOPunong 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)
27Personal 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)
28Server 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)
29BP 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)
30Enforceable 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
31Primary 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 concernedProtection order shall include the following statement printed in bold-faced type or capital letters:“VIOLATION OF THIS ORDER IS PUNISHABLE”Priority over all other casesFailure to act---administrative liability
32Temporary Protection Order Issued by the court on the day of filingEx partePriority over all other casesEffective for 30 days; extendibleEnforceable anywhere in the PhilippinesViolation: fine of P5,000 to P50,000 and/or imprisonment of six (6) months
33Permanent Protection Order Issued after notice and hearingPriority 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 issuedEnforceable anywhere in the PhilippinesViolation: P5,000 to P50,000 and/or imprisonment of six (6) monthsViolation shall constitute contempt of court
34Public CrimeAny citizen having personal knowledge of the circumstances of the offense may file a case
35Battered 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 childrenPerpetrator of woman with BWS shall not have custodyCourt shall be assisted by expert psychiatrists/psychologists in the determination of the state of mind of victim-survivor
36People 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
37Second, 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”.
38Cycle of Violence 3 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;
39“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;
40“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
41Duties of Prosecutors/Court Personnel Communicate with the victim in a language understood by the woman or her child; andInform the victim of her/his rights including legal remedies available and procedure, and privileges for indigent litigants.
42Duties of Barangay Officials and Law Enforcers Enter the dwelling whether or not a P.O. has been issuedConfiscate deadly weapon in possession or in plain viewTransport or escort the victim to safe place or clinic, hospitalAssist victim in removing personal belongings from the house
43DUTIES: 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 victimImmediately report the call for assistance*Failure to report:-Fine < P10, or-Civil, criminal or administrative liability
44To Eliminate VAWC, barangay officials shall: Undertake an education program on R.A i.e., why VAWC exists, rights and remedies of victim survivors, duties of residents and all barangay officialsHave family violence prevention program including peer counseling for menSupport organizing efforts and development programs for women in the community
45Prioritize livelihood projects for victim-survivors Involve women on planning and implementation of all programs and projects in the barangayAnti-VAWC desk officer who shall coordinate a 24-hour one-stop help deskAll barangay officials, health workers, workers, tanods, nutrition scholars undergo gender sensitivity seminars
46Develop system of documentation and report of VAWC cases and assistance program Prescribe additional guidelines and standards consistent with R.A. 9262
47HANDLING OF VAWC CASES BY BARANGAY OFFICIALS Upon receiving information, verify and seek police assistanceEnter the dwelling whether or not PO was issued and ensure safety of victim survivorsInterview, investigate and document testimony; inform victim-survivors of their rights and remedies; records shall be confidential; right to privacy respected
48Arrest perpetrator observing rules on warrantless arrests and confiscate any deadly weapon in the possession of the perpetrator or within plain viewEscort victim-survivor to the nearest hospital or available medical facility for treatment and medico-legal examination; assist in securing medico-legal report
49If 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 counselingIn case victim-survivors are to be placed in shelters, assist in taking their belongings and in their transferReport 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
50If victim-survivor a minor applying for BPO, assist and refer to NGOs, social workers for counseling, temporary shelter and other support servicesMonitor respondent’s compliance to BPOEnsure the safety and continued support during the 15-day periodAssist in filing complaintEnsure that all pertinent documents forwarded to the law enforcer
51Maintain separate logbook which shall be kept confidential Not attempt to influence victim-survivors to abandon claim; arbitration not applicablecounsel & explain to respondent obligation to supportFailure to report: fine <P10, or criminal, civil, administrative liabilityAdministrative Complaint---Sangguniang Panglunsod or Bayan for gross neglect of duty or misfeasance
52Duties & Functions of the PNP-WCPD (IRR) 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
53Only persons expressly authorized by the victim survivor shall be allowed by the WCPD officer inside investigation and examination roomEnsure confidentiality; maintain separate blotter for VAWC cases; must not be accessible to mediaRefer to social worker of the LGU, any available DSWD shelters, NGOs and other service providers for psychosocial intervention and other rehabilitation programs
54Forward 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
55Assist in the application of PO and enforce PO Respondent ASAP by entering dwelling if necessaryConfiscate weapon/firearm, etc. in plain viewEffect warrant of arrest; effect warrantless arrests under the rulesAssist in facilitating transfer to a safe place of choice including removal of personal belongings
56Monitor and follow-up case; maintain periodic assessment report of all cases Participate in multi-disciplinary mechanisms
57Duties of Healthcare Provider (physician, nurse, clinician, barangay health worker, therapist, counselor, etc.)Properly document victim’s physical, emotional or psychological injuries;Properly record victim’s suspicions, observations and circumstances of the examination or visit;Automatically provide the victim free of charge a medical certificate concerning the examination or visitKeep records safe and available to victim upon request;Provide immediate and adequate notice of rights and remedies pursuant to R.A and services available to victim
58(IRR) MEDICAL ASSISTANCE 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 examinationsMedical/surgical treatmentPsychological and psychiatric evaluation and treatment
59Hospital confinement when necessary Referral to specialty hospital and other concerned agency as neededManage the reproductive health concerns of victim-survivorsIf necessary, contact the DSWD or social worker of the LGU for emergency assistance or to the police women’s & children’s desk
60Further, health care providers shall: Properly document victim-survivors’ complete condition, etc.Provide medical certificate free of charge---public hospitals & clinicsSafeguard record and make the same available upon request at actual costNotify victim-survivors of rights, remedies and services availableProvide emergency care
61Duties of Other Government Agencies and LGUs Establish programs i.e., education, information campaign, seminars, symposia in nature, causes, incidence and consequences of VAWCEnsure education and training of their officers and personnel on the prevention of VAWC
62(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)
633. 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)
64Prohibited ActsBarangay 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 LGC amended)
65Exemption from Liability 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 disclosedRights of persons arrested shall be respected
66Rights of Victims 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 pendingAll legal remedies and support under the Family Code;Actual, compensatory, moral & exemplary damagesException from payment of docket fee and other expenses if indigent or there is immediate necessity.
67Counseling & Treatment of Offenders DSWD shall provide rehabilitative counseling and treatment of perpetratorsConstructive ways of coping with anger and reforming their waysWhen necessary, the Court shall order offender to submit to psychiatric treatment or confinement
68(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 efficiencyProvision of appropriate training to City/Municipal Social Workers and other service providers who are implementing rehabilitative/treatment programs
693. Establishment of system of accreditation of counselors and rehabilitation programs in coordination with concerned institutions and the academe for regulatory purposesThose issued with BPOs or TPOs & PPOs shall be subject to mandatory, rehabilitative counseling and treatment
70Perpetrators covered by the program: Referred by the PNP Women and Children Protection Desks, LGUs, NGOs, etc.Referred by concerned citizens or groups
71Confidentiality of Records Court records and barangay recordsRight to privacy of victimViolation: -contempt power of the court1 year imprisonment & fine of not more than P500,000.00
72(IRR) Mandatory Services & Entitlements for VAWC Victim-Survivors The DSWD and LGUs shall:Provide emergency shelter, psycho-social counseling and other rehabilitation servicesEnsure that service providers in institutions/centers for women and children are gender sensitive and uphold the rights of women and children
73c. Make available relevant skills training and other livelihood development services d. Ensure their successful social re-integration and after-caree. Continue to develop relevant programs and strategies to ensure protection, healing, recovery and social re-integration and address their emerging needs and concerns