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Ra 9262 san mateo

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  • 1. Republic Act No. 9262 ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004
  • 2. What is RA 9262? It is a special law, otherwise known as Anti-Violence against women and their Children Act of 2004 (Anti-VAWC), which penalizes as a public crime certain acts of violence against women and their children. When was the law signed and became effective? The law was signed last March 8, 2004. It took effect on March 27. What is “violence against women and their children”? “Violence against women and their children” (VAWC) is any act or a series of acts committed against the victim 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.
  • 3. Who is the woman victim protected under this law? a) wife; or b) former wife; or c) a woman with whom the offender has or had a sexual or dating relationship; or d) a woman with whom the offender has a common child; Who are the children victims protected under the law? “Children” means the abused woman’s children, boy or girl alike, below 18 years old, whether legitimate or illegitimate; or other children who live with the woman or are under her care.
  • 4. Who is the “offender”? The following can be held liable for violation of RA 9262: a) husband; b) former husband; c) boyfriend; d) Ex-boyfriend; e) live-in partner or ex-partner f) one with whom the woman has a common child; g) one with whom the woman has/had sexual or dating relationship Can a woman be held liable for committing violation of RA 9262? Yes. A lesbian partner/girlfriend or ex-lesbian partner/girlfriend can also be held liable for committing act or a series of acts against another woman with whom the lesbian has or had a sexual or dating relationship;
  • 5. What does “public crime” mean? Any citizen who has personal knowledge of the crime can file a criminal complaint. Where is VAWC committed? Violence against women and their children is committed within the dwelling/abode or any other place outside thereof? What are the forms of VAWC? Violence against women and their children can be described in the following forms; 1) “Physical violence” which refers to acts that include bodily or physical harm; 2) “Sexual violence” which refers to an act which is sexual in nature, committed against a woman or her child. 3) “Psychological violence” which refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim” 4) “Economic abuse” which refers to acts that make or attempt to make a woman financially dependent;
  • 6. How is “sexual violence” committed? a) b) c) d) e) f) g) h) i) j) k) 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 the woman or her child to watch obscene publications; and 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; 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; Prostituting the woman or her child;
  • 7. How is “psychological violence” committed? A. Psychological violence is committed in the following manner; a) b) c) d) e) f) g) h) intimidation; harassment; stalking; damage to property; public ridicule or humiliation; repeated verbal abuse; marital infidelity; causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs; i) causing or allowing the victim to witness pornography in any form; j) causing or allowing the victim to witness abusive injury to pets; k) unlawful or unwanted deprivation of the right to custody and/or visitation of common children.
  • 8. How is “economic abuse” committed? Economic abuse can be committed in the following manner: a) 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 72 of the Family Code; b) deprivation or threat of deprivation of financial resources and the rights to the use and enjoyment of the conjugal, community or property owned in common; c) destroying household property; d) controlling the victim’s own money or properties or solely controlling the conjugal money or properties.
  • 9. What are the acts that constitute the crime of VAWC? A. Under Section 5, RA 9262, “The crime of violence against women and their children is committed through any of the following acts: a) b) c) d) e) 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; 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. This shall include, but not limited to, the following acts committed for 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 of her child of custody or access to her/his family;
  • 10. 2) Depriving or threatening 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. 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;
  • 11. h) Engaging in purposely, 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 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; 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 from of harassment or violence. i) Causing mental or motional 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.”
  • 12. What is “battery”? “Battery” refers to an act of inflicting physical harm upon the woman or her child resulting to physical and psychological or emotional distress. How is “stalking” defined? “Stalking” refers to an intentional act committed by a person who, knowingly and without lawful justification, follows the woman or her child, or places the woman or her child under surveillance directly or indirectly or a combination thereof. How is “dating relationship” defined? “Dating relationship” refers to a situation wherein the parties live as husband and wife without the benefit of marriage or are romantically involved overtime and on a continuing basis during the course of the relationship. A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a dating relationship.
  • 13. What is “sexual relations”? “Sexual relations” refers to a single sexual act which may or may not result in the bearing of a common child. How is “Safe Place or Shelter” defined? “Safe Place or Shelter” refers to any home or institution maintained or managed by the Department of Social Welfare and Development (DSWD) or by any other Agency or voluntary organization accredited by the DSWD for the purposes of this Act or any other suitable place the resident of which is willing to receive the victim temporarily. What are the penalties imposed for the crime of VAWC? Section 6, RA 9262 provides the following: “Penalties – the crime of Violence Against Women and their Children under Section 5 hereof shall be punished according to the following rules: (a) Acts falling under Section 5 (a) constituting attempted, frustrated or consummated parricide or murder or homicide shall be punished in accordance with the provisions of the Revised Penal code. If these act resulted in mutilation, it shall be punishable in accordance with the Revised Penal code; those constituting serious physical injuries shall have the penalty of prision mayor; those constituting less serious physical injuries shall be punished by prision correccional; and those constituting slight physical injuries shall be punished by arresto mayor.
  • 14. Acts falling under Section 5 (b) shall be punished by imprisonment of two (2) degrees lower than the prescribed penalty for the consummated crime as specified in the preceding paragraph but shall in no case be lower than arresto mayor. a) Acts falling under Section 5 (c) and (d) shall be punished by arresto mayor; b) Acts falling under Section 5 (e) shall be punished by prision correccional; c) Acts falling under Section 5 (f) shall be punished by arresto mayor; d) Acts falling under Section 5 (g) shall be punished by prision mayor; f) Acts falling under Section 5 (h) and Section 5 (i) shall be punished by prision mayor.”
  • 15. What is the prescriptive period for VAWC cases? Acts falling under Section 5 (a) to 5 (f) shall prescribe in twenty (20) years. Acts falling under Sections 5 (g) to 5 (i) shall prescribe in (10) years. What if the woman or her child is pregnant, how is the penalty imposed? If the acts are committed while the woman or her child is pregnant, the penalty to be applied shall be the maximum period of penalty prescribed in Section 6. What if the acts are committed in the presence of the woman’s child? If the acts are committed in the presence of the woman’s child, the penalty to be applied shall be the maximum period of penalty prescribed in Section 6. How is “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. Victims-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 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 crime, the courts shall be assisted by expert psychiatrists/psychologists.
  • 16. What is the fine imposed on the offender of VAWC? In addition to imprisonment, the perpetrator shall; a) pay a fine in the amount of not less than One Hundred Thousand Pesos ( P 100,000.00) but not more than Three Hundred Thousand Pesos (P 300,000.00) b) undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to the court. Where can VAWC be filed? The Regional Trial Court (RTC) designated as Family Court shall have original and exclusive jurisdiction over cases of violence against women and their children under RA 9262. In the absence of court in the place where the offense was committed, the complainant has the option to file the case in the Regional Trial Court where the crime or any of its element was committed.
  • 17. How Is “Protection Order” Defined? A protection order is an order issued under RA 9262 for the purpose of preventing further act of violence against a woman or a child specified in Section 5 of the law and granting other necessary relief. What are the protection orders that may be issued under RA 9262? The following protection orders may be issued accordingly; a) Barangay Protection Order (BPO), issued by the Punong Barangay, or in his or her absence, any available Barangay Kagawad. It is effective within fifteen (15) days. b) Temporary Protection Order (TPO), issued by the court and is effective within thirty (30) days; c) Permanent Protection Order (PPO), issued by the court after notice and hearing.
  • 18. Who may file petition for Protection Orders? a) A petition for protection order may be filed by any of the following: b) victim or offended party; c) parents or guardian of the offended party; d) ascendants, descendants or collateral relatives within fourth civil degree of consanguinity or affinity; e) officers or social workers of the DSWD or social workers of Local Government Units (LGUs); f) police officers preferably those in-charge of Women and Children’s Protection Desk (WCPD) g) Punong Barangay or Barangay Kagawad; h) Lawyer, counselor, therapist or health care provider of the petitioner i) At least two (2) concerned responsible citizens of the city or municipality where the violence against women and their children occurred and who have personal knowledge of the offense committed.
  • 19. How to apply for a Protection Order? The application for a protection order must be in writing signed and verified under oath by the victim. A standard application form, written in English with translation to the major local languages, shall contain, among others, the following information: a) b) c) d) e) f) g) names and addresses of petitioner and respondent; description of relationships between petitioner and respondent; a statement of the circumstances of the abuse; description of the relief requested by petitioner; request for a counsel and reasons for such; request for a waiver of application fees until hearing; and in attestation that there is no pending application for a protection order in another court.
  • 20. What if the application of the Protection Order is not the victim? If the applicant 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 circumstance of consent given by the victim for filing of application. When disclosure of the address of the victim will pose danger to her life, its shall be so stated in the application. What are reliefs provided in the issuance of Protection Order? The Barangay Chairperson has the power to provide the following reliefs: a) prohibit the respondent from threatening to commit or committing, personally or through another, any of the acts mentioned in Section 5 or RA 9262; b) prohibit the respondent from harassing, annoying, telephoning, contacting or otherwise communicating with the petitioner directly or indirectly.
  • 21. On the other hand, the court has the power to provide any, some, or all of the following reliefs: a) Prohibition of the respondent from threatening to commit or committing personally, or through another, any of the acts mentioned in Section 5 of RA 9262; b) Prohibition of respondent from harassing, annoying, telephoning, contacting or otherwise communicating with the petitioner directly or indirectly; c) Removal and exclusion of the respondent from the residence of the petitioner, regardless of ownership of the residence, either temporarily for the purpose of protecting the petitioner, or permanently where no property rights are violated; d) Directing the respondent to stay away from petitioner and any designated family or household member at a distance specified by the court, and to stay away from the residence, school, place or employment, or any specified place frequented by the petitioner any designated family as household member;
  • 22. e) Directing lawful possession and used by petitioner by an automobile and other essential personal effects, regardless of ownership and directing the appropriate law enforcement officer to accompany the petitioner to the residence of the parties to ensure that the petitioner is safely restored to the possession of the automobile and other essential personal effects or to supervise the petitioner or respondent’s removal of personal belongings; f) Granting a temporary or permanent custody of a child/children to the petitioner; g) Directing the respondent to provide support to the woman or her child if entitled to legal support. Notwithstanding other laws to the contrary the court shall order an appropriate percentage of the income or salary of the respondent to withheld regularly by the respondent’s employer and for the same to be automatically remitted directly to the woman.
  • 23. h) Prohibition of the respondent from any use or possession of any firearm or deadly weapon and order him to surrender the same to the court for appropriate dispossession by the court, including the renovation of license and disqualification to apply for any license to use or possess a firearm. i) Restitution for actual damages cased by the violence inflicted including, but not limited to property damage, medical expenses, childcare expenses and loss of income; j) Directing the DSWD or any appropriate agency to provide the petitioner temporary shelter and other social services that the petitioner may need; and k) Provision of such other forms of relief as the court deems necessary to protect and provide for the safety of the petitioner ad any designated family or household member, provided petitioner and any designated family or household member consents to such relief.
  • 24. What if the respondent fails to remit and/or withhold or delay remittance of support to the woman and/or her child, what sanction will be imposed?” If the failure or withholding or delay of the remittance is without justifiable cause, it shall render the respondent or his employer liable for indirect contempt of court. If the offender is a law enforcement agent, how is he prohibited from possession of his firearm after the protection order is issued? The court shall order the offender to surrender his firearm and shall direct the appropriate authority to investigate on the offender and take appropriate action on the matter. How can respondent remove his personal effects from the residence after the protection order is issued? If respondent has to remove personal effects from the residence, the court shall direct a law enforcement agent to accompany the respondent to the residence, remain there until respondent has gathered his things and escort respondent from the residence.
  • 25. Is there a need for a decree of legal separation or annulment or declaration of absolute nullity of marriage before any of the reliefs is provided? No. Any of the reliefs as provided shall be granted even in the absence of a decree of legal separation or annulment or declaration of absolute nullity of marriage. What is the purpose of the relief granted under a protection order? The relief granted under a protection should serve the purpose of safeguarding the victim from further harm, minimizing any disruption in the victim’s family daily life, and facilitating the opportunity and ability of the victim to independently regain control over her life. What should the Barangay Officials do when the victim or any authorized person applies for a BPO? When the victim or any authorized person applies for BPO, the barangay officials should do the following: a) Take the “salaysay” or statement under oath of the victim/applicant. Be sure the date of commission of the offense, place and a specific circumstances are in the statement;
  • 26. b) Allow a non-lawyer advocate to be with the victim during the proceedings. c) Do not allow the respondent/offender to be present during the ex-parte proceedings. d) Issue the BPO on the same day of application. e) Assist the victim/applicant in applying for a Temporary Protection Order with the court as soon as possible. f) Serve the BPO on the respondent. g) If the BPO is violated, file a criminal case for violation of RA 9262 in the Municipal Trial Court or Municipal Circuit Trial Court. Penalty is thirty (30) days of imprisonment.
  • 27. Can the Barangay Officials mediate or conciliate? No. Conciliation and mediation of acts of violence against women and their children are not allowed under this law. A Punong Barangay, Barangay Kagawad or the court hearing an application for a protection order shall not order, direct, force or in any way unduly influence the applicant for a protection order to compromise or abandon any of the reliefs sought in the application for a protection order. Failure to comply shall render the official or judge administratively liable. (Sec 33, RA 9262) Is counseling and treatment of offenders allowed under the law? Yes. The DSWD shall provide rehabilitative counseling and treatment to perpetrators towards learning constructive ways of coping with anger and emotional outburst and reforming their ways. When necessary, the offender shall be ordered by the Court to submit to psychiatric treatment of confinement.
  • 28. Is there a penalty for not enforcing the TPOs and PPOs? Yes. Violation is punishable with a fine ranging from five thousand pesos (P 5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment of six (6) months. After the issuance of TPO, what comes next? The court shall schedule a hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO. The TPO shall include notice of the date of the hearing on the merits of issuance of a PPO. How many days should the hearing on the merits of issuance of PPO be held? The court shall conduct the hearing on the merits of the issuance of a PPO in one (1) day. Where the court is unable to conduct the hearing within one (1) day and the TPO issued is due to expire, the court shall continuously extend or renew until the final judgment is issued. The extended or renewed TPO may be modified by the court as may be necessary or applicable to address the needs of the applicant.
  • 29. Until when is the PPO considered effective? A PPO shall be effective until revoked by a court upon application of the person in whose favor the order was issued. The court shall ensure immediate personal service of the PPO on respondent. How is the issuance of protection order prioritized? Ex parte and adversarial hearings to determine the basis of the applications for a protection order shall have priority over all other proceedings. Barangay officials and the courts shall schedule and conduct hearings on application for a protection order above all other business and if necessary, suspend other proceedings in order to hear application for a protection order. Is there any more requirements for the issuance of protection orders? Yes, the following statement must be printed in bold-faced type or in capital letters on the protection order issued by the Punong Barangay or court: “Violation of this order is punishable by law.”
  • 30. What are the duties of law enforcers, including barangay officials, in responding to cases of VAWC? When called upon to respond to VAWC cases, the duties of law enforcers are the following: a) enter the house of the victim if necessary, whether or not a protection order has been issued; b) confiscate any deadly weapon; c) arrest the offender even without a warrant when caught in the act of having committed, or committing or about to commit the offense or when they have personal knowledge that the abuse has just been committed; d) transport victim to a safe place or to a clinic; assist victim, or even the offender, in pursuance of the protection order, to get personal things from the house; e) ensure the enforcement of Protection Orders issued by the barangay or by the courts.
  • 31. Can barangay officials, police, social workers or private individuals be sued for trespassing or violation of domicile if they enter the house of the victim? No. They are exempt from civil, criminal or administrative liability when they respond or intervene without using violence or restraint greater than necessary to ensure the safety of the victim. Even private individuals who intervene to help the victim is exempt from civil and criminal liability. What if the police or any law enforcer or barangay official fails to report the incident? When a police, or any law enforcer, or barangay official, fails to report the incident, he or she is liable for a fine not exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil, or administrative sanction.
  • 32. What are the rights of the victim under this law? The rights of the victim are the following: a) to be treated with respect and dignity; b) to have legal assistance from the Public Attorney’s Office or any public legal assistance, including the local government unit; c) to receive support services from DSWD and local government; d) to be entitled to healthcare services; e) to be entitled to education and training; f) if the victim is an indigent, or there is an immediate necessity to act on the protection order ion court without payment of fees.
  • 33. What is the “confidentiality” rule under the law? All records pertaining to cases of VAWC including those in the barangay shall be confidential and all public officers and employees and public and private clinics or hospitals shall respect the right to privacy of the victim. Whoever publishes or causes to be published, in any format, the name, address, telephone number, school, business address, employer, or other identifying information of a victim or an immediate family member, without the latter’s consent, shall be liable to the contempt power of the court. What is the penalty imposed for violation of “confidentiality” rule? Any person who violates confidentiality of VAWC cases shall suffer the penalty of one (1) year imprisonment and a fine of not more than Five Hundred Thousand Pesos (P500,000.00).
  • 34. What is the Inter-Agency Council of Violence Against Women and Their Children (IAC-VAWC)? The IAC-VAWC is an inter-agency body tasked to formulate programs and projects to eliminate VAW based on their mandates as well as develop capability programs for their employees to become more sensitive to the needs of their clients. The Council will also serve as the monitoring body as regards to VAW initiatives. It shall be composed of the following agencies: a) Department of Social Welfare and Development (DSWD) b) c) d) e) f) g) h) i) j) k) l) National Commission on the Role of Filipino Women (NCRFW) Civil Service Commission (CSC) Commission on Human Rights (CHR) Council for the Welfare of Children (CWC) Department of Justice; (DOJ) Department of Interior and Local Government (DILG); Philippine National Police (PNP); Department of Health (DOH); Department of Education (DepEd); Department of Labor and Employment (DOLE); and National Bureau of Investigation (NBI)
  • 35. Is there a provision for the training of persons involved in responding to VAWC cases? Yes. All agencies involved in responding to VAWC cases shall be required to undergo education and training to acquaint them with: a) the nature, extent and causes of VAWC; b) the legal rights of, and remedies available to, victims of VAWC; c) the services and facilities available to victims or survivors; d) the legal duties imposed on police officers to make arrest and to offer protection and assistance; and the e) techniques for handling incidents of VAWC that minimize the likelihood of injury to the officer and promote the safety of victim of survivor.
  • 36. The PNP, in coordination with LGUs, shall establish and education and training program for police officers and barangay officials to enable them to properly handle cases of violence against women and their children.
  • 37. Good Day...

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