The rights of women and their children

1,052 views
918 views

Published on

A seminar conducted by Atty. Thomas J.T. F. de Castro on Anti Violence Against Women and their Children Act.

0 Comments
3 Likes
Statistics
Notes
  • Be the first to comment

No Downloads
Views
Total views
1,052
On SlideShare
0
From Embeds
0
Number of Embeds
0
Actions
Shares
0
Downloads
117
Comments
0
Likes
3
Embeds 0
No embeds

No notes for slide

The rights of women and their children

  1. 1. The Rights of Women and Their Children under Republic Act No. 9262 by: Atty. Thomas J.T. F. de Castro
  2. 2. What is Republic Act No. 9262? • Anti-Violence Against Women and Their Children Act of 2004 • Enacted March 08, 2004 • Took effect November 15, 2004 • Makes the act of committing violence against women and their children a public crime.
  3. 3. Declaration of Policy • The State values the dignity of women and children and guarantees full respect for human rights • The State recognizes the need to protect the family and its members particularly women and children, from violence and threats to their personal safety and security.
  4. 4. Who are protected under R.A. 9262? • Any woman ▫ who is the perpetrator’s wife or former wife ▫ a woman with whom the perpetrator has or had a sexual or dating relationship ▫ whom the perpetrator has a common child • A child whether legitimate or illegitimate of the woman.
  5. 5. What constitutes “Violence Against Women and their Children”? An act that result in or is likely to result in: • Physical abuse • Sexual abuse • Economic abuse • Threats of physical, sexual, and economic abuses • Emotional or Psychological abuse • Battery • Assault • Coercion • Harassment • Arbitrary deprivation of liberty Note: These acts may be committed within or without the family abode.
  6. 6. Acts Punished under R.A. 9262 (a) Causing physical harm to the woman or her child; (b) Threatening to cause the woman or her child physical harm; (c) Attempting to cause the woman or her child physical harm; (d) Placing the woman or her child in fear of imminent physical harm;
  7. 7. Acts Punished under R.A. 9262 (e) 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 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 child. 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:
  8. 8. Acts Punished under R.A. 9262 (1) Threatening to deprive or actually depriving the woman or her child of custody 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; (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;
  9. 9. Acts Punished under R.A. 9262 (f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions; (g) 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; (h) 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:
  10. 10. Acts Punished under R.A. 9262 (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; (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;
  11. 11. Acts Punished under R.A. 9262 (i) 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 of access to the woman's child/children.
  12. 12. What are the rights of the victims under R.A. 9262? • To be treated with respect and dignity. • Legal assistance from the Public Attorney’s Office or any public legal assistance, including the Local Government Unit. • Support services from DSWD and the local government. • To be informed of their rights and services available, including the right to a protection order. • If the victim is an indigent, she can file for a protection order in court without payment of court fees.
  13. 13. Amendment to the Revised Penal Code • SECTION 26. 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.
  14. 14. What are the remedies available to the victim? The victim and her children can apply for: • Barangay Protection Order (BPO) ▫ Issued by the Punong Barangay or in his absence any Kagawad. ▫ Effective for fifteen (15) days. • Temporary Protection Order (TPO) ▫ Issued by the Family Court without the knowledge of the perpetrator. ▫ Effective for thirty (30) days. • Permanent Protection Order (PPO) ▫ Issued by the Family Court ▫ After notice and hearing. • File a Criminal Case for Violation of Republic Act No. 9262
  15. 15. How does one get a BPO? • The woman or her child can go to the Punong Barangay or if he/she is not available, to any kagawad, and apply for a BPO. • The application must be in writing, signed under oath. • The application shall be attested before the Punong Barangay who has jurisdiction over the application. • The Punong Barnagay or Kagawad must issue the BPO on the same day of applicatin, immediately upon conclusion of the ex-parte proceedings.
  16. 16. If the victim is unable to personally appear for a Protection Order, who may file on her behalf? • Parents or guardian • Ascendants, descendants, or collateral relatives within the 4th civil degree of consanguinity or affinity • Social workers of DSWD or Social workers of the Local Government Unit • Police Officers • Punong Banrangay or Kagawad (for Court TPO) • Lawyer • Counsellor • Therapist • Healthcare provider of the victim • At least 2 citizens of the LGU who have the knowledge of the commission of the crime.
  17. 17. Sanctions for the Violation of a Protection Order • A Fine ranging from Php 5,000 to Php 50,000 and/or imprisonment of six (6) months. • For TPO and PPO a violation thereof shall constitute contempt of court.
  18. 18. Prescriptive Period • 20 years for punishable acts such as causing, threatening, or attempting to cause the women or her child physical harm, placing the woman or her child in fear of physical harm, and inflicting or threatening to inflict physical harm on oneself to control the woman’s actions or decisions. • • 10 years for punishable acts such as forcing a woman or her child to engage in any sexual activity, purposefully causing substantial emotional or psychological distress to the woman or her child, or causing mental or emotional anguish, public ridicule or humiliation, and verbal and emotional abuse, and denial of financial support or custody of minor children.

×