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“Anti-Violence Against Women and their Children Act of 2004”

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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. ALEJO Senior State Prosecutor Department of Justice, Manila

2 Scope: Husbands Former husbands Women VS. Boyfriends/partners
2. Their children legitimate Illegitimate Children under her care or custody -within or without the family abode Husbands Former husbands Boyfriends/partners Those whom they have a common child Has or had sexual or dating relationship

3 Acts Punishable: Physical Violence Sexual Violence Psychological Violence Economic Abuse

-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.

Acts or omissions causing or likely to cause mental or emotional suffering including: Stalking Damage to property Repeated verbal abuse Marital infidelity

6 ECONOMIC ABUSE Acts that make or attempt to make a woman financially dependent Includes: Withdrawal of financial support Preventing her from engaging in a legitimate profession, business or activity Deprivation or threat of deprivation of financial resources Destroying household property Controlling victim’s own money or properties

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.

8 Acts 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;

9 Attempting 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.

10 This 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;

11 3. 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;

12 Inflicting 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.

13 Engaging 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;

14 3. 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; and 5. Engaging in any form of harassment or violence.

15 Causing 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.

16 Reliefs Given: Protection Orders 1. Barangay Protection Order
2.Temporary Protection Order 3. Permanent Protection Order Battered Women Syndrome--women found with BWS do not incur criminal liability Protective custody of the abused child by the DSWD even in the absence of PO (IRR)

17 PROTECTION 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.

18 PROTECTION ORDERS Prohibition from threatening or committing, personally or through another any acts in Section 5. Prohibition from harassing, telephoning, contacting the petitioner Removal 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.

19 Directing law enforcer to accompany petitioner to the residence, ensure possession of automobile and other personal effects; supervise respondent’s removal of belongings Temporary or permanent custody of child Support - automatic remittance of salary or income by employer Prohibition 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

20 Directing DSWD or appropriate agency to provide shelter and social services.
Provision of other forms of relief as the court deems necessary Restitution for actual damages caused by the violence

Must be in writing, signed and verified under oath by the applicant Shall contain: Names and addresses of petitioner and respondent Description of relationship between petitioner and respondent Statement of the circumstances of the abuse

22 Description of the reliefs requested by petitioner
Request for counsel and reasons for such Request for waiver of application fees until hearing An attestation that there is no pending application for a protection order in another court If applicant not the victim-survivor--- application with affidavit attesting to the circumstances of abuse suffered and circumstances of consent given by victim-survivor

23 Will 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

24 Who May File for Protection Orders
Offended Party Parents or guardians Ascendants, descendants, collateral relatives within 4th degree of consanguinity or affinity Social workers of DSWD or LGUs Police Officers Punong Barangay or kagawad Lawyer, counselor, therapist, healthcare provider At 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

25 Barangay Protection Order
Issued by Punong Barangay (PB) ex parte Effective for 15 days only Ordering perpetrator to desist from committing physical harm or threatening the woman or her child Prohibiting perpetrator from harassing, annoying, telephoning, contacting or otherwise communicating with the victim survivor, directly or indirectly (IRR)

26 Kagawad 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 BPO Punong 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)

27 Personal 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)

28 Server 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)

29 BP 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)

30 Enforceable 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

31 Primary 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 concerned Protection order shall include the following statement printed in bold-faced type or capital letters: “VIOLATION OF THIS ORDER IS PUNISHABLE” Priority over all other cases Failure to act---administrative liability

32 Temporary Protection Order
Issued by the court on the day of filing Ex parte Priority over all other cases Effective for 30 days; extendible Enforceable anywhere in the Philippines Violation: fine of P5,000 to P50,000 and/or imprisonment of six (6) months

33 Permanent Protection Order
Issued after notice and hearing Priority 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 issued Enforceable anywhere in the Philippines Violation: P5,000 to P50,000 and/or imprisonment of six (6) months Violation shall constitute contempt of court

34 Public Crime Any citizen having personal knowledge of the circumstances of the offense may file a case

35 Battered 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 children Perpetrator of woman with BWS shall not have custody Court shall be assisted by expert psychiatrists/psychologists in the determination of the state of mind of victim-survivor

36 People 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

37 Second, 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”.

38 Cycle 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

41 Duties of Prosecutors/Court Personnel
Communicate with the victim in a language understood by the woman or her child; and Inform the victim of her/his rights including legal remedies available and procedure, and privileges for indigent litigants.

42 Duties of Barangay Officials and Law Enforcers
Enter the dwelling whether or not a P.O. has been issued Confiscate deadly weapon in possession or in plain view Transport or escort the victim to safe place or clinic, hospital Assist victim in removing personal belongings from the house

43 DUTIES: 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 victim Immediately report the call for assistance *Failure to report: -Fine < P10, or -Civil, criminal or administrative liability

44 To 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 officials Have family violence prevention program including peer counseling for men Support organizing efforts and development programs for women in the community

45 Prioritize livelihood projects for victim-survivors
Involve women on planning and implementation of all programs and projects in the barangay Anti-VAWC desk officer who shall coordinate a 24-hour one-stop help desk All barangay officials, health workers, workers, tanods, nutrition scholars undergo gender sensitivity seminars

46 Develop system of documentation and report of VAWC cases and assistance program
Prescribe additional guidelines and standards consistent with R.A. 9262

Upon receiving information, verify and seek police assistance Enter the dwelling whether or not PO was issued and ensure safety of victim survivors Interview, investigate and document testimony; inform victim-survivors of their rights and remedies; records shall be confidential; right to privacy respected

48 Arrest perpetrator observing rules on warrantless arrests and confiscate any deadly weapon in the possession of the perpetrator or within plain view Escort victim-survivor to the nearest hospital or available medical facility for treatment and medico-legal examination; assist in securing medico-legal report

49 If 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 counseling In case victim-survivors are to be placed in shelters, assist in taking their belongings and in their transfer Report 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

50 If victim-survivor a minor applying for BPO, assist and refer to NGOs, social workers for counseling, temporary shelter and other support services Monitor respondent’s compliance to BPO Ensure the safety and continued support during the 15-day period Assist in filing complaint Ensure that all pertinent documents forwarded to the law enforcer

51 Maintain separate logbook which shall be kept confidential
Not attempt to influence victim-survivors to abandon claim; arbitration not applicable counsel & explain to respondent obligation to support Failure to report: fine <P10, or criminal, civil, administrative liability Administrative Complaint---Sangguniang Panglunsod or Bayan for gross neglect of duty or misfeasance

52 Duties & 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

53 Only persons expressly authorized by the victim survivor shall be allowed by the WCPD officer inside investigation and examination room Ensure confidentiality; maintain separate blotter for VAWC cases; must not be accessible to media Refer to social worker of the LGU, any available DSWD shelters, NGOs and other service providers for psychosocial intervention and other rehabilitation programs

54 Forward 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

55 Assist in the application of PO and enforce PO
Respondent ASAP by entering dwelling if necessary Confiscate weapon/firearm, etc. in plain view Effect warrant of arrest; effect warrantless arrests under the rules Assist in facilitating transfer to a safe place of choice including removal of personal belongings

56 Monitor and follow-up case; maintain periodic assessment report of all cases
Participate in multi-disciplinary mechanisms

57 Duties 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 visit Keep 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

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 examinations Medical/surgical treatment Psychological and psychiatric evaluation and treatment

59 Hospital confinement when necessary
Referral to specialty hospital and other concerned agency as needed Manage the reproductive health concerns of victim-survivors If necessary, contact the DSWD or social worker of the LGU for emergency assistance or to the police women’s & children’s desk

60 Further, health care providers shall:
Properly document victim-survivors’ complete condition, etc. Provide medical certificate free of charge---public hospitals & clinics Safeguard record and make the same available upon request at actual cost Notify victim-survivors of rights, remedies and services available Provide emergency care

61 Duties of Other Government Agencies and LGUs
Establish programs i.e., education, information campaign, seminars, symposia in nature, causes, incidence and consequences of VAWC Ensure 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)

63 3. 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)

64 Prohibited Acts Barangay 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)

65 Exemption 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 disclosed Rights of persons arrested shall be respected

66 Rights 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 pending All legal remedies and support under the Family Code; Actual, compensatory, moral & exemplary damages Exception from payment of docket fee and other expenses if indigent or there is immediate necessity.

67 Counseling & Treatment of Offenders
DSWD shall provide rehabilitative counseling and treatment of perpetrators Constructive ways of coping with anger and reforming their ways When 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 efficiency Provision of appropriate training to City/Municipal Social Workers and other service providers who are implementing rehabilitative/treatment programs

69 3. Establishment of system of accreditation of counselors and rehabilitation programs in coordination with concerned institutions and the academe for regulatory purposes Those issued with BPOs or TPOs & PPOs shall be subject to mandatory, rehabilitative counseling and treatment

70 Perpetrators covered by the program:
Referred by the PNP Women and Children Protection Desks, LGUs, NGOs, etc. Referred by concerned citizens or groups

71 Confidentiality of Records
Court records and barangay records Right to privacy of victim Violation: -contempt power of the court 1 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 services Ensure that service providers in institutions/centers for women and children are gender sensitive and uphold the rights of women and children

73 c. Make available relevant skills training and other livelihood development services
d. Ensure their successful social re-integration and after-care e. Continue to develop relevant programs and strategies to ensure protection, healing, recovery and social re-integration and address their emerging needs and concerns


75 IRR Committee DSWD- Chair NCRFW-Secretariat DOJ DILG DOH PNP
Women’s Crisis Center Women’s Legal Bureau Kalakasan


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