Republic Act No. 9262

1
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

• Women VS.
• 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

1. Physical Violence
2. Sexual Violence
3. Psychological Violence
4. Economic Abuse

4
PHYSICAL 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.

5
PSYCHOLOGICAL VIOLENCE

• 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 victims own money or properties

7
VIOLENCE 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.

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 womans or her
  childs 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 womans
  or her childs 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 womans children insufficient
  financial support

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• 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 victims 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

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• 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 womans child/children.

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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)

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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 victims
  daily life and facilitating the opportunity and
  ability of the victim to independently regain
  control over her life.

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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.

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• Directing law enforcer to accompany petitioner to
  the residence, ensure possession of automobile
  and other personal effects supervise
  respondents 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

21
HOW TO APPLY FOR A PROTECTION ORDER

• 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/petiti
  oner 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
  Womens and Childrens 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

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• 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 persons 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
  actualgrave 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 Violence3 Phases

1. 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

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1. 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

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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 lt P10,000.00 or
• -Civil, criminal or administrative liability

44
To Eliminate VAWC, barangay officials shall

• Undertake an education program on R.A. 9262 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

47
HANDLING OF VAWC CASES BY BARANGAY OFFICIALS

• 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 Womens and Childrens 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 respondents 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 ltP10,000.00 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 victims physical, emotional or
  psychological injuries
• Properly record victims 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. 9262 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 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 womens childrens desk

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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

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• (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 410-413 LGC amended)

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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

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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/trea
  tment 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

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Inter-Agency Council

• DSWD
• NCRFW
• CSC
• CHR
• CWC
• DOJ

• DILG
• PNP
• DOH
• DepEd
• DOLE
• NBI

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IRR Committee

• DSWD- Chair
• NCRFW-Secretariat
• DOJ
• DILG
• DOH
• PNP

• Womens Crisis Center
• Womens Legal Bureau
• Kalakasan

76

• THANK YOU.