RA 9262 or the Anti-Violence Against Women with Children of 2004 values the dignity of women and children and guarantees full respect for human rights. It also recognizes the need to protect the family and its members particularly women and children, from violence and threats to their personal safety and security.
Who may avail?
Any 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 may avail of this law
Against who?
Against husbands (whether civil or common law), partners (boyfriend, and in cases of homosexuality, girlfriends are included), any person with whom she has a common child with, or even ex-husbands and partners.
Violence against women and their children shall be considered a public offense which may be prosecuted upon the filing of a complaint by any citizen having personal knowledge of the circumstances involving the commission of the crime. Penalties therefore ranges from arresto mayor to prison mayor as the case may be
Physical Abuse
Refers to acts that include bodily or physical harm;
Sexual violence
refers to an act which is sexual in nature, committed against a woman or her child. It includes, but is not limited to:
1) Rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim's body, forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser;
2) Acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other harm or coercion;
3) Prostituting the woman or child.
Psychological violence
refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to;
intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and marital infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children.
Economic abuse
refers to acts that make or attempt to make a woman financially dependent. such as but not limited to;
1) Withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;
2) Deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common;
3) Destroying household property;
4) Controlling the victims' own money or properties or solely controlling the conjugal money or properties.
Threats
1) Battery assault
2) Coercion
3) Harasment
4) Arbitrary deprivation of liberty
A protection order is an order issued under this act for the purpose of preventing further acts of violence against a woman or her child specified in Sec. 5 of this Act and granting other necessary relief. The relief granted under a protection order serve the purpose of safeguarding 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.
All TPOs and PPOs issued under this Act shall be enforceable anywhere in the Philippines and a violation thereof shall be punishable with a fine ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment of six (6) months.
BPO, TPO, and PPOs Distinguished
Barangay Protection Orders (BPOs) refer to the protection order issued by the Punong Barangay ordering the perpetrator to desist from committing acts under Sec. 5 (a) and (b) of this Act.
Temporary Protection Orders (TPOs) refers to the protection order issued by the court on the date of filing of the application for a protection order. effective for thirty (30) days. Prior to its exhaustion the court shall schedule a hearing for a PPO.
Permanent Protection Order (PPO) refers to protection order issued by the court after notice and hearing.
Who may file Petition for Protection Orders
A petition for protection order may be filed by any of the following:
(a) The offended party;
(b) Parents or guardians of the offended party;
(c) Ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity;
(d) Officers or social workers of the DSWD or social workers of local government units (LGUs);
(e) Police officers, preferably those in charge of women and children's desks;
(f) Punong Barangay or Barangay Kagawad;
(g) Lawyer, counselor, therapist or healthcare provider of the petitioner;
(h) At least two (2) concerned responsible citizens of the city or municipality where the violence against women and their children occurred and who has personal knowledge of the offense committed.
Where to Apply for a Protection Order
An application for a TPO or PPO may be filed in the regional trial court, metropolitan trial court, municipal trial court, municipal circuit trial court with territorial jurisdiction over the place of residence of the petitioner: Provided, however, That if a family court exists in the place of residence of the petitioner, the application shall be filed with that court.
An application for a BPO may be filed in the Barangay Hall
How to Apply for a Protection Order
The application for a protection order must be in writing, signed and verified under oath by the applicant. It may be filed as an independent action or as incidental relief in any civil or criminal case the subject matter or issues thereof partakes of a violence as described in this Act. A standard protection order application form, written in English with translation to the major local languages, shall be made available to facilitate applications for protections order, and shall contain, among other, the following information:
(a) names and addresses of petitioner and respondent;
(b) description of relationships between petitioner and respondent;
(c) a statement of the circumstances of the abuse;
(d) description of the reliefs requested by petitioner as specified in Sec. 8 herein;
(e) request for counsel and reasons for such;
(f) request for waiver of application fees until hearing; and
(g) an attestation that there is no pending application for a protection order in another court.
If the applicants is not the victim, the application must be accompanied by an affidavit of the applicant attesting to (a) the circumstances of the abuse suffered by the victim and (b) the circumstances of consent given by the victim for the filling of the application. When disclosure of the address of the victim will pose danger to her life, it shall be so stated in the application. In such a case, the applicant shall attest that the victim is residing in the municipality or city over which court has territorial jurisdiction, and shall provide a mailing address for purpose of service processing.
An application for protection order filed with a court shall be considered an application for both a TPO and PPO.
Barangay officials and court personnel shall assist applicants in the preparation of the application. Law enforcement agents shall also extend assistance in the application for protection orders in cases brought to their attention.
BATTERED WOMAN SYNDROME refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.
Battered Woman Syndrome as a Defense
Victim-survivors who are found by the courts to be suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of the elements for justifying circumstances of self-defense under the Revised Penal Code.
In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the time of the commission of the crime, the courts shall be assisted by expert psychiatrists/ psychologists.
In addition to their rights under existing laws, victims of violence against women and their children shall have the following rights:
(a) to be treated with respect and dignity;
(b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any public legal assistance office;
(c) To be entitled to support services form the DSWD and LGUs'
(d) To be entitled to all legal remedies and support as provided for under the Family Code
(e) To be informed of their rights and the services available to them including their right to apply for a protection order.(f) to be provided with temporary shelters, counseling, psycho-social services and /or, recovery, rehabilitation programs and livelihood assistance.
(g) to be entitled to take a paid leave of absence up to ten (10) days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations
(h) To be afforded confidentiality
-It is noteworthy that this is the first statute enacted by the legislation to aknowledge homosexual relationship of women
-In the study and use of Criminal Law, this act is often cited in case of invoking the justifying circumstance of battered woman syndrome
-In dire need, don’t be afraid to ask for help:
NCR Ugnayang Pag-asa Legarda, Manila
Crisis Intervention Unit (CIU) Tel. Nos.: (02) 734-8617 to 18
Rehabilitation Unit
Tel. No.: (02) 734-8635
Philippine National Police (PNP)
Women and Children’s Concern Division (WCCD) Tel. No.: (02) 723-0401 loc. 3480
Call or text 117 (PATROL 117)
National Bureau of Investigation (NBI)
Violence Against Women and Children’s Desk (VAWCD) Tel. Nos.: (02) 523-8231 loc. 3403; 525-6098
Public Attorney’s Office, DOJ
Tel. Nos.: (02) 929-9010; 929-9436 to 37
Philippine General Hospital (PGH)
Women’s Desk
Tel. Nos.: (02) 524-2990; 521-8450 loc. 3816
Women’s Crisis Center
Women and Children Crisis Care & Protection Unit – East Avenue Medical Center (WCCCPU-EAMC)
Tel. Nos.: (02) 926-7744; 922-5235
KALAKASAN
Tel. Nos.: (02) 735-5555; 735-8303
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