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Special laws on children 8353, 9262, 9231, 7877, 7610, 920


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Special laws on children 8353, 9262, 9231, 7877, 7610, 920

  1. 1. Laws Affecting WomenLaws Affecting Womenand Childrenand ChildrenPSUPT KIRBY JOHN B KRAFT, PESEPSUPT KIRBY JOHN B KRAFT, PESEChief Of Police, San Pedro LagunaChief Of Police, San Pedro Laguna
  2. 2. • Republic Act 8551, otherwise known as the PNP Reform and Reorganization Act of 1998, in itsTitle VII, sets the framework of the PNP in providing services to VAWC clients.• Section 57. Creation and Functions. The PNP shall establish women’s desk in all policestations throughout the country to administer and attend to cases involving crimes againstchastity, sexual harassment, abuses committed against women and children and other similaroffenders:• Provided, that municipalities and cities presently without policewomen will have two (2) yearsupon the affectivity of this Act within which to comply with the requirement of this provision.• Section 58. Prioritization of Women for Recruitment . – Within the next five (5) years, the PNPshall prioritize the recruitment and training of women who shall serve in the women’s desk.Pursuant to this requirement, the PNP shall reserve ten percent (10%) of its annualrecruitment , training, and education quota for women.• Section 59. Gender Sensitivity Program. The (National Police Commission shall formulate agender sensitivity program within ninety (90) days from the affectivity of this Act to include butnot limited to the establishment of equal opportunities for women in the PNP, the prevention ofsexual harassment in the workplace, and the prohibition of discrimination on the basis of genderor sexual orientation.
  3. 3. Anti-Child Abuse LawAnti-Child Abuse Law(Republic Act No.7610)(Republic Act No.7610)
  4. 4. Republic Act No. 7610Who is a “child”?Who is a “child”?CHILD refers to•a person below 18 years old or• person over 18 years old but is unable to fully take care of orprotect himself or herself because of a physical or mentaldisability or condition.
  5. 5. Republic Act No. 7610The Law provides for specialprotection to children from allforms of :• abuse• neglect• cruelty• exploitation• discrimination• other conditions prejudicial totheir development
  6. 6. Republic Act No. 7610Three Categories of Child Abuse are Penalized:ChildChildProstitutionProstitutionand other Sexualand other SexualAbuseAbuseChildChildTraffickingTraffickingChildChildPornographyPornography
  7. 7. Republic Act No. 7610The child engaged inThe child engaged inprostitution are consideredprostitution are consideredVICTIMSVICTIMS Those punished are theThose punished are theones whoones whoabused the child inabused the child inprostituprostitutiontion or derivedor derivedprofit froprofit fromm ititChild Prostitution
  8. 8. Republic Act No. 7610Child TraffickingThe act of buying and selling of a child for money, or for anyother considerationBuying/Sellinga child++Money/Consideration==CHILDTTRRAAFFFFIICCKKIINNGG
  9. 9. Republic Act No. 7610Child Pornography (Obscene Publications and Indecent Shows)Punishes any person who shall use, persuade, or force a child to :pose or model inpose or model inpornographicpornographicmaterialsmaterialsperform indecentperform indecentshows/exhibitions in liveshows/exhibitions in liveor videoor video
  10. 10. Anti-Trafficking in PersonsAnti-Trafficking in PersonsAct of 2003Act of 2003(Republic Act No.9208)(Republic Act No.9208)
  11. 11. The Anti-Trafficking in Persons Act (R.A. 9208)ACTSRecruitment, Transportation,Transfer, Harboring, ReceiptMEANSThreat, Force, Fraud, Deception,Abuse of power or position, Takingadvantage of the vulnerability of theperson, Giving or receiving ofpayments to achieve consent of personin controlPURPOSEExploitation: Prostitution Sexual Exploitation Forced Labor Slavery Debt Bondage InvoluntaryServitude Removal or Sale ofOrgansWhat is trafficking in persons?
  12. 12. The Anti-Trafficking in Persons Act (R.A. 9208)Punishable ActsPunishable Acts• Acts of Trafficking• Acts that Promote Trafficking• Qualified Trafficking• Violation of confidentiality• Use of Trafficked Person
  13. 13. The Anti-Trafficking in Persons Act (R.A. 9208)Trafficking of aTrafficking of a childchild isis ““qualified traffickingqualified trafficking””ActsActs ++ MeansMeans ++ PurposePurpose== Trafficking inTrafficking inPersonsPersons
  14. 14. The Anti-Trafficking in Persons Act (R.A. 9208)Trafficking of aTrafficking of a childchild isis ““qualified traffickingqualified trafficking””ActsActs ++ MeansMeans ++ PurposePurposeXXChildChildTraffickingTrafficking==
  15. 15. ACT/SRecruitmentTransportationTransferHarboringReceipt of person;• with or without the victim’sconsent or knowledge;• within or across national borders
  16. 16. MEANS• Threat or use of force, or other forms ofcoercion• Abduction• Fraud• Deception• Abuse of power or of position• Taking advantage of the vulnerability of aperson• The giving or receiving of payments or benefitsto achieve the consent of a person havingcontrol over another person.
  17. 17. EXPLOITATIVE PURPOSE• Prostitution or other forms of sexualexploitation• Pornography• Forced labor or services• Slavery• Involuntary Servitude or debt bondage• Removal or sale of organs
  18. 18. CHILD TRAFFICKINGThe recruitment, transportation, transfer,harboring or receipt of a child for thepurpose of exploitation shall also beconsidered as trafficking in persons even ifit does not involve any of the means setforth in the law.
  19. 19. CHILD TRAFFICKINGChild :(1) Person below 18 years of age;(2) Person who is over 18 but is unable to fullytake care of or protect himself/herself fromabuse, exploitation, or discrimination becauseof a physical or mental disability or condition
  20. 20. Similarities between Trafficking inPersons and Human Smuggling• There are movements and transportationinvolved• Both can be committed across borders• In both cases, there can be consent• In both cases, “facilitators” devise elaboratemeans to elude detection• Often undertaken in dangerous and degradingconditions
  21. 21. Differences between Trafficking inPersons and Human Smuggling• Trafficking involves fraud, deception, force,coercion, or taking advantage of thevulnerabilities (coercive and non-coercivemeans)• In trafficking, there is a clear intent to exposethem to exploitative conditions such asprostitution, forced labor, debt bondage, etc.
  22. 22. PUNISHABLE ACTS Acts of trafficking in persons(Section 4); Acts that promote trafficking inpersons (Section 5); Qualified Trafficking (Section 6) Use of trafficked persons forprostitution (Section 11) Violation of confidentiality(Section 7)
  23. 23. PENALTIESAct PenaltyQualified Trafficking inPersons (Sec. 6)Life imprisonment and a fine of P2million to 5millionActs of Trafficking inPersons (Sec.4)20 years imprisonment and a fine of P1million to2millionActs that PromoteTrafficking in Persons(Sec. 5)15 years imprisonment and a fine of P500,000 to1millionUse of trafficked Persons forProstitution (Sec. 11)(Violation of confidentiality(Sec. 7)1st offence: 6months community service and a fine ofP50,000;subsequent offences:1year imprisonment and a fine ofP100,0006 years imprisonment and fine P500,000 to 1 million
  24. 24. ACTS OF TRAFFICKING IN PERSONS(Section 4)• To recruit, transport, transfer, harbor,provide, or receive a person by anymeans, including those done underthe pretext of domestic or overseasemployment or training orapprenticeship for the purpose ofprostitution, pornography, sexualexploitation, forced labor, slavery,involuntary servitude or debtbondage exploitation
  25. 25. ACTS OF TRAFFICKING IN PERSONS• Introduce or match for money, profit,or material, economic or otherconsideration, any person or, asprovided for under RA 6955, anyFilipino woman to a foreign national,for marriage for the purpose ofacquiring, buying, offering, selling ortrading him/her to engage inprostitution, pornography, sexualexploitation, forced labor, slavery,involuntary servitude or debtbondage
  26. 26. ACTS OF TRAFFICKING IN PERSONS• To offer or contract marriage,real or simulated, for thepurpose of acquiring, buying,offering, selling or trading themto engage in prostitution,pornography, sexualexploitation, forced labor orslavery, involuntary servitude ordebt bondage
  27. 27. ACTS OF TRAFFICKING IN PERSONS• Undertake or organize toursand travel plans consisting oftourism packages or activitiesfor the purpose of utilizing andoffering persons forprostitution, pornography orsexual exploitation
  28. 28. ACTS OF TRAFFICKING IN PERSONS• Maintain or hire a person to engagein prostitution or pornography• Adopt or facilitate the adoption ofpersons for the purpose ofprostitution, pornography, sexualexploitation, forced labor, slavery,involuntary servitude or debtbondage
  29. 29. ACTS OF TRAFFICKING IN PERSONS• Recruit, hire, adopt, transport orabduct a person by means ofthreat or use of force, fraud, deceit,violence, coercion, or intimidationfor the purpose of removal or saleof organs of said person• Recruit, transport or adopt a childto engage in armed activities in thePhilippines or abroad
  30. 30. ACTS THAT PROMOTE TRAFFICKING INPERSONS(Section 5)● Knowingly lease or sub-lease,use or allow to be used anyhouse, building or establishmentfor the purpose of promotingtrafficking in persons
  31. 31. ACTS THAT PROMOTE TRAFFICKING IN PERSONS● Produce, print and issue or distributeun-issued, tampered or fakecounseling certificates, registrationstickers and certificates of anygovernment agency which issuesthese certificates and stickers asproof of compliance withgovernment regulatory and pre-departure requirements for thepurpose of promoting trafficking in
  32. 32. ACTS THAT PROMOTE TRAFFICKING INPERSONS● Advertise, publish, print, broadcastor distribute, or cause theadvertisement, publication, printing,broadcasting or distribution by anymeans, including the use ofinformation technology and theinternet of any brochure, flyer or anypropaganda materials that promotetrafficking in persons
  33. 33. ACTS THAT PROMOTE TRAFFICKING IN PERSONS● Assist in the conduct ofmisrepresentation or fraud for thepurposes of facilitating theacquisition of clearances andnecessary exit documents fromgovernment agencies that aremandated to provide pre-departureregistration and services fordeparting persons for the purpose ofpromoting trafficking in persons
  34. 34. ACTS THAT PROMOTE TRAFFICKING IN PERSONS● To facilitate, assist entry or exit ofpersons at the airports, seaports andterritorial boundaries● Confiscate, conceal, destroypassport, travel documents oftrafficked persons● To knowingly benefit from, financialor otherwise the labor or services ofa trafficked person
  35. 35. QUALIFIED TRAFFICKING(Section 6)• When the trafficked person is achild• Adoption is effected through RA8043 for the purpose oftrafficking• When crime is committed by asyndicate or in large scale.
  36. 36. QUALIFIED TRAFFICKING• When the offender is anascendant, parent, sibling,guardian, or a person whoexercises authority over atrafficked person or whenoffense is committed by a publicofficer or employee
  37. 37. QUALIFIED TRAFFICKING• When the trafficked person isrecruited to engage in prostitutionwith any member of the military• When the offender is a member ofthe military or law enforcementagencies• When the trafficked person dies,becomes insane, suffers mutilationor is afflicted with HIV-AIDS.
  38. 38. CONFIDENTIALITY RULE(Section 7)• The name and personal circumstances of the trafficked personsor of the accused, or any other information tending to establishtheir identities and such circumstances or information shall not bedisclosed to the public• In cases when prosecution or trial is conducted behind closeddoors, it shall be unlawful for any editor, publisher, and reporteror columnist in case of printed materials, announcer or producerin case of television and radio, producer or director of a film incase of movie industry, or any person utilizing tri-media facilitiesor information technology to cause publicity of any case oftrafficking in persons
  39. 39. USE OF TRAFFICKED PERSONSRA 9208 punishes any person who buys orengages services of a trafficked person forprostitution
  40. 40. CASE FILING: WHO?1. The trafficked person;2. The trafficked person`s:• Parents• Spouse• Siblings• Children, or• Legal guardian;1. Anyone who has personal knowledge of thecommission of an offense under RA 9208
  41. 41. CASE FILING: WHERE?The case can be filed where:– The offense was committed;– Any of its elements occurred; or– The trafficked person actually resides at thetime of the commission of the offense.
  42. 42. CASE FILING: AGAINST WHO?● Any person, natural or juridical, who commits anyoffence under RA 9208 may be punished for traffickingacts.● If the offender is a corporation, partnership,association, club, establishment or any juridical person,the penalty shall be imposed upon the owner,president, partner, manager, and/or any responsibleofficer who participated in the commission of the crime,or who shall have knowingly permitted or failed toprevent its commission.
  43. 43. CASE FILING: WHEN?● Cases for trafficking acts can be filed up to 10years after they are committed.● If trafficking is committed by a syndicate or on alarge scale, cases can be filed up to 20 yearsafter the act.● The “prescriptive period” is counted from the daythe trafficked person is delivered or releasedfrom the condition of bondage.
  44. 44. Anti-Child Labor Law(R.A. 9231)
  45. 45. Child Labor Law (Republic Act No. 9231)• slavery• prostitution and pornography• use of children for illegalactivities• work that is hazardous andharmful to the health, safetyand morals of childrenDefines worst forms of labor:
  46. 46. Child Labor Law (Republic Act No. 9231)Under the law, children below fifteen (15) years of ageshall not be employed, except in the following cases:• when the child works directly under parents/legalguardian and only members of the family are employed•when the child is employed in public entertainment orinformation through cinema, theater, radio, televisionor other forms of media is essential.Prescribes Employable Age
  47. 47. Child Labor Law (Republic Act No. 9231)Children below 15 years of age maywork for not more that 20 hours aweek, at most 4 hours a day.The law limits children 15 – 17 yearsold to work not more than 8 hours aday or 40 hours a week.Night work from 8pm to 6am isprohibited.Regulates Working Hours for Children
  48. 48. Child Labor Law (Republic Act No. 9231)The child’s earnings shall be setaside primarily for his/hersupport, education or skillacquisition.Not more than 20% of thechild’s income may be allottedfor the collective needs of thefamily.Regulates Disposition of Children’s Wages
  49. 49. CHILD LABOR vs. CHILD WORKChild WorkChild Work Child LaborChild LaborWork is appropriate to child’sage and mental capabilitiesWork burdens the child; tooheavy for child’s age andcapabilitiesLimited hours of work, does nothinder the child from going toschool, playing or restingVery long hours of work, childhas limited or no time forschool, play or restChild’s physical, emotional andmental well-being arenourished even in the workenvironmentChild is subjected topsychological, verbal, orphysical/sexual abuseLegal Illegal
  50. 50. Services/Assistance, Penalties
  51. 51. SERVICES/ASSISTANCEAccess to Education and Training for Working ChildrenAccess to Immediate Legal, Medical and Psycho-SocialServicesPresevation of the Working Child’s IncomeTrust Fund
  52. 52. EXCEPTIONS:A. When a child works under the sole responsibility of hisparents or guardiansB. When the child’s employment is in public entertainment orinformation.Penalties - EMPLOYMENT OF CHILDRENPENALTY: 6 months to 6 yearsimprisonment and a fine of not lessthan P50,000 but not more thanP300,000!Children below fifteen (15) years of age shall NOT be employed.
  53. 53. Hours of Work1. Child below 15• Not more than 20 hours a week• Not more than 4 hours a day• No work schedule between 8 pm to 6 am the followingday2. Child 15-18• Not more than 40 hours a week• Not more than 8 hours a day• No work schedule between 10 pm to 6 am the followingdayPenalties - HOURS OF WORK OF A WORKING CHILDPENALTY: 6 months to 6 yearsimprisonment and a fine of not lessthan P50,000 but not more thanP300,000!
  54. 54. No child shall be employed as a model in any advertisementdirectly or indirectly promoting alcoholic beverages,intoxicating drinks, tobacco and its by products, gamblingor any form of violence or pornography.Penalties - PROHIBITION AGAINST CERTAIN ADVERTISEMENTSPENALTY: 6 months to 6 yearsimprisonment and a fine of not lessthan P50,000 but not more thanP300,000!
  55. 55. (1) All forms of slavery, as defined under the “ Anti-trafficking inPersons Act” or practices similar to slavery such as sale andtrafficking of children, debt bondage and sor use in armedconflict; or(2) The use, procuring, offering or exposing of a child forprostitution, for the production of pornography or forpornographic performances;Penalties - WORST FORMS OF CHILD LABORProsecuted and Penalized under the“Anti-trafficking in Persons Act 2003”(R.A. 9208)Penalty Imposed in the MaximumPeriod
  56. 56. (3) The use, procuring or offering of a child for illegal or illicitactivities, including the production and trafficking ofdangerous drugs and volatile substances prohibited underexisting lawsPenalties - WORST FORMS OF CHILD LABORProsecuted and Penalized under the“Dangerous Drugs Act of 2002 (R.A.9165)Penalty Imposed in the MaximumPeriod
  57. 57. Parents, biological or by legal fiction, and legal guardians foundto be violating Sections 12, 12-A, 12-B and 12-C of this Actshall pay a fine of not less than Ten thousand pesos(P10,000.00) but not more than One hundred thousandpesos (P100,000.00), or be required to render communityservice for not less than thirty (30) days but not more thanone (1) year, or both such fine and community serviceIf a corporation commits any of the cited violations, the board ofdirectors/trustees and officers, including the president,secretary and treasurer of the corp who participated in orknowingly allowed the violation shall be penalizedaccordingly.Penalties - WORST FORMS OF CHILD LABOR
  58. 58. Anti-Rape LawAnti-Rape Law(Republic Act No.8353)(Republic Act No.8353)
  59. 59. Republic Act No. 8353RAPEBy SexualIntercourseBy SexualAssault- force or intimidation;- force or intimidation;- victim is deprived of reason/unconscious;- victim is deprived of reason/unconscious;- fraudulent machination/grave abuse of- fraudulent machination/grave abuse ofauthority; orauthority; or- victim is under 12 years of age or demented- victim is under 12 years of age or demented- inserting penis into another persons mouth or anus; or- inserting penis into another persons mouth or anus; or- inserting any instrument or object into another person’s- inserting any instrument or object into another person’sgenital or anusgenital or anus
  60. 60. RAPE IS A PUBLIC CRIME!• REMEMBER! Rape is now considered apublic crime. This means that anyperson who has knowledge of the crimemay file a complaint; consequently, evenif the victim withdraws her complaint,the government (i.e. the police,prosecutor, fiscal, etc.) may proceedwith the case.
  61. 61. RA 8353: The Rape Law of1997• Re-classified rape as crime vs. persons• 2 ways of committing rape:– man has carnal knowledge of woman underthe following circumstances:• Thru force, threat, or intimidation• When offended party is deprived ofreason/unconscious• Thru fraudulent machination/grave abuse ofauthority• When offended party is under 12 yrs or demented
  62. 62. RA 8353: The Rape Law of 1997 (cont’d)– By any person who, under any ofcircumstances mentioned in paragraph1, shall commit an act of sexual assaultby:• inserting his penis into anotherpersons mouth or anal orifice or• Inserting any instrument or object(including a finger) into the genital oranal orifice of another person
  63. 63. THIS IS WHAT THE SUPREMECOURT HAS SAID ABOUTRAPE!!!• NOTE: The slightest penetrationof the outer labia is sufficient.The absence of sperm in thevagina does not mean that norape occurred
  64. 64. What is “consent”?• NOTE: There is NO issue ofconsent for child victims underthe age of 12 years old.Children under 12 CANNOTgive their consent
  65. 65. WHEN MARRIAGE ISAVAILABLE• There can be no valid marriage between anoffender and any child victim as the Family Codemandates that marriage may only be entered intowhen the parties to the marriage are at least 18years old and have the consent of their parents.• Any marriage entered into before a party reachesthe age of 18 is void from the beginning.• A parent cannot give consent to a child who maywant to marry before she turns 18 years old.
  66. 66. REPUBLIC ACT NO. 7877“Anti-Sexual Harassment Act of 1995”
  67. 67. The “Anti-Sexual Harassment Act of 1995”punishes all forms of sexual harassment in theemployment, education or trainingenvironment.Sexual Harassment is committed if:1. An employer, employee, manager,supervisor, agent of the employer, teacher,instructor, professor, coach, trainor or anyother person who has authority, influence ormoral ascendancy over the offended partySexual Harassment
  68. 68. 2. In a work or training or educationenvironment3. Demands, requests or requires anysexual favor from the other4. Regardless of whether the demand,request or requirement forsubmission is acceptedPENALTY1 to 6 mos. Imprisonmentand/orFine of P10,000 to P20,000.
  69. 69. R.A. 9262Anti-Violence Against Womenand their Children Act
  70. 70. Title : An act defining Violence Against Women andTheir Children providing for protective measuresfor victims, prescribing penalties therefor and forother purposes (2004)Rationale: To uphold the dignity of women and their childrenand to guarantee full respect for human rights;The State recognizes the need to protect the familyand its members particularly women and childrenfrom violence and threats to their personal safetyand security.
  71. 71. refers to any act or a series of acts committedby any personagainst a woman who is his:– wife,– former wife, or– against a woman with whom the personhas or had a sexual or dating relationship,– against a woman with whom he has acommon child,VIOLENCE AGAINST WOMAN & THEIRCHILDREN
  72. 72. against her child whether legitimate or illegitimate, withinor without the family abode, which result in or is likelyto result in- physical,- sexual,- psychological harm or suffering, or- economic abuseincluding threats of such acts, battery, assault, coercion,harassment or arbitrary deprivation of liberty.VIOLENCE AGAINST WOMAN & THEIRCHILDREN
  73. 73. 1. Physical violence2. Sexual violence3. Psychological violence4. Economic abuseIt includes, but is not limited to, the following acts:
  74. 74. Acts of Violence Against Women and their Children (Sec.5)a) Causing physical harm to the woman or childb) Threatening to cause physical harm to the woman or childc) Attempting to cause physical harm to the woman or childd) Placing the woman or child in fear or imminent physical harme) Attempting to compel or compelling the womanor her child to engage in conduct that the woman or her childhas the right to desist from OR to desist from conduct whichthey have a right to engage in; or restricting or attempting to
  75. 75. restrict the woman and child’s freedom of movement or conductby force or threat of force, physical or other harm or threat ofsuch, or intimidation, including but not limited to the followingacts with the purpose of controlling/restricting the woman andchild’s movement or conduct:1) threatening to deprive or depriving the woman orher child or custody/access to her/his family;2) depriving or threatening to deprive the woman orher child of financial support or deliberatelyproviding insufficient financial support
  76. 76. 3) Depriving or threatening to deprive a womanor her child of a legal right;4) Preventing the woman in engaging in legitimateprofession, occupation, business or activity, orcontrolling the victim’s own money or properties, orsolely controlling the conjugal/common money orpropertiesf) Inflicting or threatening to inflict physical harm on oneself forthe purpose of controlling her actions or decisions;g) Causing or attempting to cause the woman or her child to engagein sexual activity which does not constitute rape
  77. 77. h) Engaging in purposeful, knowing or reckless conduct, personallyor through another, that alarms or causes substantial emotionalor psychological distress to the woman or child, including butnot limited to:1) stalking or following the woman or child in public orin private places;2) peering in the window or lingering outside theresidence of the woman or her child;3) entering or remaining in the dwelling of the womanor her child against their will;4) destroying the property and personal belongings ofthe woman or her child, or inflicting harm to theiranimals or pets;5) Any form of harassment or violence;
  78. 78. i) Causing mental or emotional anguish, public ridicule orhumiliation to the woman or child, including but not limited to:repeated verbal and emotional abuse anddenial of financial support ordenial of access to the woman’s child/children
  79. 79. PenaltiesAttempted, frustratedor consummatedparricide, murder orhomicideSerious physical injuriesLess serious physicalInjuriesSlight physical injuriesPunished in accordancewith Revised PenalCodePrision mayorPrision coreccionalArresto mayorPhysical harm under Section 5(a):
  80. 80. Acts under Sec.5 (b)Acts under Sec. 5 (c)and Sec. 5 (d)Acts under Sec. 5 (e)Acts under Sec. 5 (f)Acts under Sec. 5 (g)Acts under Sec. 5 (h) (i)Imprisonment of 2degrees lower than theconsummated crimeArresto mayorPrision correccionalArresto mayorPrision mayorPrision mayorPenalties, cont’d
  81. 81. Penalties, cont’dFine:PhP 100,000 – PhP 300,000+Mandatory Psychological counselingor psychiatric treatment
  82. 82. RTC Family Court has original and exclusivejurisdictionIf no family court in the place where the offensewas committed, it shall be filed in the RTC wherethe crime or any of its elements was committedat the option of the complainantVenue
  83. 83. Protection OrdersDefinition: A protection order is an order issued for thepurpose of preventing further acts of violenceagainst a woman or her child. It can alsogrant other necessary relief.Kinds :BPO – Barangay Protection OrderTPO – Temporary Protection OrderPPO – Permanent Protection Order
  84. 84. (a) the offended party;(b) parents or guardians of the offended party;(c) ascendants, descendants or collateral relatives within the fourth civildegree of consanguinity or affinity;(d) officers or social workers of the DSWD or social workers of localgovernment units (LGUs);(e) police officers, preferably those in charge of women and childrensdesks;(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 ormunicipality where the violence against women and their childrenoccurred and who has personal knowledge of the offense committed.Who may file Petition for Protection Order
  85. 85. Form must be in writing, signed and verified under oath by the applicant.It may be filed as an independent action or as incidentalrelief in any civil or criminal case.A standard protection order application form, written inEnglish with translation to the major local languages,shall be made available to facilitate applications forprotections order
  86. 86. FormIf the applicants is not the victim, the application must beaccompanied 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 thefilling of the application.When disclosure of the address of the victim will pose dangerto her life, it shall be so stated in the application. In sucha case, the applicant shall attest that the victim is residingin the municipality or city over which court has territorialjurisdiction, and shall provide a mailing address forpurpose of service processing.
  87. 87. FormAn application for protection order filed with a court shallbe considered an application for both a TPO andPPO.Barangay officials and court personnel shall assistapplicants in the preparation of the application.Law enforcement agents shall also extend assistance in theapplication for protection orders in cases brought totheir attention.
  88. 88. Reliefs that may be included in the Protection Orders1) Prohibition of respondent from threatening to commit orcommitting personally or through another;2) Prohibition of respondent from harassing, annoying,telephoning, contacting or otherwise communicatingwith petitioner directly or indirectly;3) Removal and exclusion of the respondent from the residenceof the petitioner, regardless of ownership of the residence,temporarily or permanently4) Directing the respondent to stay away from the petitionerand any designated family or household member at a distancespecified by the court, and to stay away from the residence,school, place of employment or any specified place
  89. 89. 5) Directing lawful possession and use by petitioner ofan automobile and other essential personal effects6) Temporary or permanent custody of a child/childrento the petitioner7) Support to the woman and or her child if entitled to support8) Prohibition of respondent from any use or possession offirearm or deadly weapon. Court can order him to surrenderthe same for appropriate disposition by the court.9) Restitution for actual damages caused by the violence inflicted10)Directing DSWD or appropriate agency to provide shelter etc.11)Other relief necessary
  90. 90. Enforceability of Protection OrdersAll TPOs and PPOs issued are enforceable anywhere in thePhilippines.A violation of the TPOs and PPOs shall be punishable by aFine of PhP 5,000 – PhP 50,000 and/orImprisonment of 6 monthsEffectivity of TPOs:30 days.Extendable for a period of 30 days each particular timeuntil final judgment is issued.
  91. 91. Duties of Barangay Officials and LawEnforcer(a) respond immediately to a call for help or request forassistance or protection of the victim by entering thenecessary whether or not a protection order has beenissued and ensure the safety of the victim/s;(b) confiscate any deadly weapon in the possession of theperpetrator or within plain view;(c) transport or escort the victim/s to a safe place of theirchoice or to a clinic or hospital;(d) assist the victim in removing personal belongs from thehouse;(e) assist the barangay officials and other governmentofficers and employees who respond to a call for help;
  92. 92. Duties of Barangay Officials and Law Enforcer(f) ensure the enforcement of the Protection Orders issuedby the Punong Barangy or the courts;(g) arrest the suspected perpetrator wiithout a warrantwhen any of the acts of violence defined by this Act isoccurring, or when he/she has personal knowledge thatany act of abuse has just been committed, and there isimminent danger to the life or limb of the victim asdefined in this Act; and(h) immediately report the call for assessment or assistanceof the DSWD, social Welfare Department of LGUs oraccredited non-government organizations (NGOs).
  93. 93. Failure to ReportAny barangay official or law enforcer who fails toreport the incident shall be liable for a fine notexceeding Ten Thousand Pesos (P10,000.00) orwhenever applicable criminal, civil oradministrative liability.
  94. 94. ConfidentialityAll records pertaining to cases of violence against womenand children including those in the barangay shall beconfidential.All public officers and employees and public or private clinicsor hospitals shall respect the right of privacy of the victim.Any violation of confidentiality clause shall be subject to thecontempt powers of the court.
  95. 95. Prescription of ActionActs falling under Sections 5(a) to 5(f) shall prescribein twenty (20) years.Acts falling under Sections 5(g) to 5(i) shall prescribein ten (10) years.