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Human Rights Law – Vulnerable Sectors
Public International Law – Philippines is a Signatory to :
• Universal Declaration on Human Rights
• United Nations Convention on the Elimination of all forms of
Discrimination Against Children
• United Nations Convention on Migrant Workers and their
Families
• United Nations Convention on the Rights of the Child
• United Nations Convention against Transnational Organized
Crime including its Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children
WHY DO WE HAVE LAWS PROTECTING WOMEN AND
CHILDREN?
Trafficking in Persons: refers to the recruitment, obtaining,
hiring, providing, offering, transportation, transfer,
maintaining, harbouring, or receipt of persons with or
without the victim’s consent or knowledge, within or across
national borders by means of threat, or use of force, or other
other forms of coercion, abduction, fraud, deception, abuse
abuse of power or of position, taking advantage of the
vulnerability of the person, or, the giving or receiving of
payments or benefits to achieve the consent of a person
having control over another person for the purpose of
exploitation which includes at a minimum, the exploitation
RA 9208 (Anti-Trafficking Act) as amended by RA 10364 (An
Act Expanding RA 9208)
or the prostitution of others or other forms of sexual
exploitation, forced labor or services, slavery, servitude or
the removal of organs.
The recruitment, transportation, transfer,
harbouring, adoption or receipt of a child for the purpose
of exploitation or when the adoption is induced by any
form of consideration for the exploitative purposes shall
also be considered as trafficking in persons even if it does
not involve ant of the means set forth in he preceding
paragraph.
RA 9208 (Anti-Trafficking Act) as amended by RA 10364 (An
Act Expanding RA 9208)
What are these acts prohibited?
• PROSTITUTION
• FORCED LABOR
• SLAVERY
• INVOLUNTARY SERVITUDE (added in RA 10364)
• SEX TOURISM
• SEXUAL EXPLOITATION
• DEBT BONDAGE
• PORNOGRAPHY
RA 9208 (Anti-Trafficking Act) as expanded by RA 10364
(An Act Expanding RA 9208)
Role of the Barangay :
They shall monitor cases of trafficking in
persons in their area of jurisdiction. They
shall also undertake an information
campaign against trafficking in
persons…xxx… They shall encourage and
support community-based initiative which
address the trafficking in persons.
RA 9208 (Anti-Trafficking Act) as amended by RA 10364 (An
Act Expanding RA 9208)
Accomplice Liability:
Whoever knowingly aids, abets, cooperates in the execution of
the offense by previous or simultaneous acts .
Accessories:
Whoever has the knowledge of the commission of the crime
and without having participated therein, either principal or as
accomplice, take part in the commission of the crime.
Acts that promote Trafficking
RA 9208 (Anti-Trafficking Act) as amended by RA 10364 (An
Act Expanding RA 9208)
Confidentiality:
At any stage of the investigation, rescue, prosecution and trial
of the offense…xxx…shall protect the right to privacy of the
trafficked persons.
Programs that Address Trafficking in Persons:
LGUs - Shall monitor and document cases of trafficking in
persons in their areas of jurisdiction, effect the cancellation of
licenses of establishments which violates the provision of this
Act and ensure effective prosecution of such cases.
RA 9208 (Anti-Trafficking Act) as amended by RA 10364 (An
Act Expanding RA 9208)
Public Official
If the offender is a public official, he or she
shall be dismissed from service and shall suffer
perpetual absolute disqualification to hold public
office, in addition to any imprisonment or fine
received.
RA 9208 (Anti-Trafficking Act) as amended by RA 10364 (An
Act Expanding RA 9208)
RA 8353 Anti-Rape Law of 1997
Rape as a Crime Against Persons
When and How Rape is committed:
1. By a MAN who shall have carnal knowledge of a
woman under any of the following circumstances:
• Through force, threat or intimidation;
• When the offended party is deprived of reason or
otherwise unconscious;
• By means of fraudulent machination or grave
abuse of authority; and
• When the offended party is under 12 years of age
or is demented, even though none of the
circumstances mentioned above be present.
RA 8353 Anti-Rape Law of 1997
2. By ANY PERSON who, under any circumstances
mentioned in paragraph 1 hereof, shall commit an
act of sexual assault by inserting his penis into
another person’s mouth or anal orifice, or any
instrument or object, into genital or anal orifice of
another person.
RA 8505 An Act Providing Assistance
and Protection for Rape Victims,
Establishing for the Purpose a
RAPECRISIS CENTER in every
Province and City, Authorizing the
appropriation of Funds therefor and
for other purposes
RA 9262 Anti-Violence against
Women and their Children Act
RA 9262 Anti-Violence Against Women and Their Children
Reasons why there are women who do not
report cases of violence against them:
 PERSONAL (embarrassment, fear of
retaliation, economic dependency)
 SOCIETAL (imbalanced power relations
for men and women in society, privacy of
the family, victim blaming attitude)
By Commission on the Elimination of All Forms of Discrimination Against Women (CEDAW)
Philippines is a signatory, July 15, 1980 and Ratified on August 5, 1981
WHO ARE PROTECTED?
 WOMAN
• WIFE
• FORMER WIFE
• WITH WHOM THE PERSON HAS OR HAD SEXUAL OR
DATING RELATIONSHIP
• WITH WHOM HE HAS A COMMON CHILD
 CHILDREN OF THE ABUSED WOMEN (AS DEFINED IN RA 7610)
• LEGITIMATE
• ILLEGITIMATE
• CHILDREN UNDER HER CARE/CUSTODY
• CHILDREN WITHIN OR WITHOUT IN THE
FAMILY ABODE.
WHO ARE LIABLE?
 HUSBANDS
 EX/FORMER HUSBANDS
 BOYFRIENDS/EX BOYFRIENDS
 LESBIAN PARTNERS/EX-LESBIAN PARTNERS
 ANY PERSON WITH WHOM THE WOMAN HAS/HAD A:
- DATING RELATIONSHIP
- SEXUAL RELATIONSHIP
ANY ACT OR SERIES OF ACTS BY ANY PERSON
AGAINST A WOMAN COVERED BY THIS ACT WHICH
RESULT IN OR LIKELY TO RESULT IN:
PHYSICAL, SEXUAL, PSYCHOLOGICAL HARM
OR SUFFERING OR ECONOMIC ABUSE .
1. PHYSICAL VIOLENCE
• PHYSICAL INJURIES
• MUTILATION
2. SEXUAL VIOLENCE
ANY ACT WHICH IS SEXUAL IN NATURE COMMITTED AGAINST A
WOMAN OR HER CHILD:
- RAPE, ACTS OF LASCIVIOUSNESS
- TREATING THE WOMAN OR CHILD AS SEX OBJECT
TYPES OF VIOLENCE PUNISHABLE
UNDER THIS LAW
3. ECONOMIC ABUSE
ACTS THAT MAKE OR ATTEMPT TO MAKE A WOMAN
FINANCIALLY DEPENDENT, WHICH INCLUDES:
- WITHDRAWAL OF OR INSUFFICIENT 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 VICTIM’S OWN MONEY
OR PROPERTIES.
4. PSYCHOLOGICAL VIOLENCE
ACTS OR OMISSIONS CAUSING OR LIKELY TO
CAUSE MENTAL OR EMOTIONAL SUFFERINGS
WHICH INCLUDES:
- STALKING
- RIDICULE
- REPEATED VERBAL ABUSE
- DEPRIVING THE WOMAN OF
ACCESS TO HER FAMILY
- MARITAL INFIDELITY
• PEERING IN THE WINDOW; LINGERING OUTSIDE
RESIDENCE
• ENTERING OR REMAINING IN THE HOUSE OR IN
THE PROPERTY OF THE WOMAN OR HER CHILD
• DESTROYING PERSONAL BELONGINGS
• CAUSING OR HARM TO ANIMALS, PETS OF THE
WOMAN OR HER CHILD.
• INFLICTING OR THREATENING TO INFLICT PHYSICAL HARM ON
ONESELF FOR THE PURPOSE OF CONTROLLING HER ACTIONS
OR DECISIONS.
• THREATENING THE WOMAN THAT SHE WILL LOST HER CHILD
VENUE
•
PROTECTION ORDERS
(BPO/TPO/PPO)
PURPOSES OF THE PO:
•
•
RELIEFS:
•
•
• REGARDLESS
OF OWNERSHIP
•
•
•
•
•
•
•
•
NOTE: ANY OF THE RELIEFS PROVIDED SHALL BE GRANTED EVEN
IN THE ABSENCE OF LEGAL SEPARATION OR ANNULMENT OR
DECLARATION OF ABSOLUTE NULLITY OF MARRIAGE.
THE ISSUANCE OF A BPO OR THE PENDENCY OF AN
APPLICATION FOR BPO SHALL NOT PRECLUDE A PETITIONER FROM
APPLYING FOR, OR THE COURT FROM GRANTING A TPO OR PPO.
BARANGAY PROTECTION ORDER
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
NOTE : VIOLATION OF THE BPO - SHALL BE
FILED WITH THE MTC, MCTC AND MTCC WHICH
HAS TERRITORIAL JURISDICTION OF THE
BARANGAY WHICH ISSUED THE BPO.
BPO
receiv
e?
Start
Victim
Survivor
petitioner
reports
Incident to
the Barangay
PB interviews
victim; records;
& advises her to
file an
application for
BPO
The PB/Kagawad
conducts ex
parte
proceedings for
the issuance of
BPO
The PB issues
BPO on the same
day of appointment
The
PB/Kagawad
serves BPO to
the respondent
A
Yes
No
B
Respondents
receives BPO
If respondent
is not around,
the PB/
Kagawad will
leave a copy
of the BPO at
Victim/ PB
files
complaint for
BPO violation
with
MTC/CTC/
MCTC
A
B
D
The PB (or
Kagawad)
records all
BPOs issued
PB transmits copy
of issued BPO to
PNP Women &
Children Protection
PB/ &
LSWDO
provides
counseling
assistance to
victim
PB monitors
respondent’s
compliance to
BPO
BPO
violate
d?
C
D
Yes
C
No
END
TEMPORARY PROTECTION ORDER
•
•
•
•
PERMANENT PROTECTION ORDER
•
•
EXEMPTION:
•
THE COURT SHALL ACCEPT THE
APPLICATION WITHOUT PAYMENT OF THE FILING FEE AND
OTHER FEES AND OF TRANSCRIPT OF STENOGRAPHIC
NOTES.
PUBLIC CRIME
•
•
•
•
•
•
•
•
•
•
DUTIES OF BARANGAY OFFICIALS & LAW
ENFORCERS
•
•
•
•
•
(CONT. . ) BARANGAY OFFICIALS/POLICE
•
•
•
•
• NO CRIMINAL, CIVIL, ADMINISTRATIVE LIABILITY:
•
•
PENALTIES FOR FAILURE TO REPORT
CONFIDENTIALITY OF RECORDS
•
•
•
ONE (1) YEAR IMPRISONMENT
PLUS A FINE OF NOT MORE
THAN P500,000.00
“BEHIND THE SUCCESS OF
EVERY MAN IS A
WOMAN”
AND
“BEHIND THE FAILUREOF
EVERY MAN IS THE
OTHERWOMAN”
RA 9710 Magna Carta of Women
RA 6949 Celebrating National Women’s Day
every March 8 of the month
RA 7192 Women in Development and Nation-
Building Act
RA 7192 Party List System Act
RA 7877 Anti Sexual Harassment Act
RA 6955 An Act Penalizing matching of Filipino
MailOrder Brides
RIGHTS OF A CHILD
1.
2.
RA 9344 (The Juvenile Justice Welfare Act) as
amended by RA 10630 (An Act Strengthening
the Juvenile Justice System in the Philippines
amending for the purpose the Juvenile Justice
Welfare Act of 2006 and appropriating funds
thereof)
WHAT ARE THE RIGHTS OF A CHILD?
PROFILE OF FILIPINO CICL :
•
•
•
•
•
•
•
IN RESPONSE:
RA : 9344 [JUVENILE JUSTICE &
WELFARE ACT OF 2006
(20 MAY 2006 )
[IRR: 19 SEPTEMBER 2006]
RESTORATIVE
JUSTICE
VICTIM [V], OFFENDER [O],
COMMUNITY [C]
•
•
•
•
WHO IS CHILD / CICL?
• “CHILD”
• “CHILD IN CONFLICT WITH THE
LAW”
15 YEARS OF AGE OR YOUNGER
ABOVE 15 [ 15+1 DAY
VIOLATION OF ORDINANCE
1.
2.BCPC
3.
INITIAL CONTACT WITH THE CICL
•
•
•
•
•
•
•
• WHERE THE CASE SHALL BE REFERRED?
• AFTER INITIAL INVESTIGATION:
• INTERVENTION:
• LSWDO – IF FIFTEEN YEARS OLD OR BELOW, OR ABOVE FIFTEEN
YEARS BUT BELOW 18 YEARS OF AGE AND ACTED WITHOUT
DISCERNMENT
• DIVERSION:
• LAW ENFORCEMENT OFFICER - IF THE CHILD IS ABOVE 15,
BUT BELOW YEARS ACTED WITH DISCERNMENT AND COMMITTED AN
OFFENSE WITH AN IMPOSABLE PENALTY OF NOT MORE THAN SIX
YEARS OF IMPRISONMENT.
• DIVERSION:
• PROSECUTOR OR JUDGE – IF THE CHILD IS ABOVE 15 BUT
BELOW 18 YEARS OF AGE, ACTED WITH DISCERNMENT AND
ALLEGEDLY COMMITTED AN OFFENSE WITH AN IMPOSABLE PENALTY
OF MORE THAN SIX YEARS OF IMPRISONMENT.
“BAHAY – PAG ASA”
BCPC
DIVERSION IS AVAILABLE
AT LEVEL OF:
KINDS OF INTERVENTION PROGRAMS
(BY THE LSWDO)
•
•
•
•
•
DIVERSION AT THE KATARUNGANG
PAMBARANGAY (LUPONG TAGAPAMAYAPA)
•
•
MECHANISM/FORMS ARE:
PROCEDURE DURING THE
DIVERSION..
•
•
•
•
•
•
•
•
•
LENGTH OF PROCEEDINGS
•
•
•
•
•
•
ACCEPTANCE OF CONTRACT, FORM AND
CONTENT
•
•
•
•
•
•
WHEN THERE IS NO DIVERSION
PUNONG BARANGAY
LAW ENFORCEMENT OFFICER
PROSECUTOR OR COURT
‘CHILD’
DIVERSION PROGRAMS:
BARANGAY LEVEL (LUPON)
•
•
•
•
•
•
CONTINUED…
•
•
•
•
•
CONFIDENTIALITY OF RECORDS
•
•
•
•
•
•
•
•
LOCAL COUNCIL FOR THE
PROTECTION OF CHILDREN
1)
2)
3)
4)
RESPONSIBILITY OF BCPC
•
•
GENDER SENSITIVITY TRAINING
RA 7610 Special Protection
of Children against Child
abuse, Exploitation and
Discrimination and for other
purposes
What are these acts prohibited?
• Child Prostitution and other Sexual Abuse
• Attempt to Commit Child Prostitution
• Child Trafficking
• Attempt to Commit Child Trafficking
• Obscene Publication and Indecent Shows
• Other Acts of Neglect, Abuse, Cruelty or Exploitation
and Other Conditions Prejudicial to the Child
Development
• Employment of Children below 15 years old
RA 7610 Special Protection Against Child Abuse,
Exploitation and Discrimination and For Other Purposes
Article IX
Children of Indigenous Cultural Communities shall
be entitled to Protection, survival and development
consistent with the customs and traditions.
They shall have access to education (ALS), health
and Nutrition and Participation in planning, decision-
making and evaluation of all government programs.
They shall not be subject to discrimination.
RA 7610 Special Protection Against Child Abuse,
Exploitation and Discrimination and For Other Purposes
Article X
Children are declared as ZONES OF
PEACE
• Evacuation of Children During Armed
Conflict
• Family Life and Temporary Shelter
• Rights of the Child arrested for Reasons
to Armed Conflict
RA 7610 Special Protection Against Child Abuse,
Exploitation and Discrimination and For Other Purposes
Who may file?
• Offended Party
• Parents or Guardian
• Ascendant or collateral relative within the third degree of
consanguinity
• Officer, social worker or representative of a licensed child-
caring institution
• Officer or social worker of the DSWD
• BARANGAY CHAIRMAN
• At least 3 concerned responsible citizens where the violation
occurred.
RA 7610 Special Protection Against Child Abuse,
Exploitation and Discrimination and For Other Purposes
Laws on Women-and Children in the philippines

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Laws on Women-and Children in the philippines

  • 1.
  • 2. Human Rights Law – Vulnerable Sectors Public International Law – Philippines is a Signatory to : • Universal Declaration on Human Rights • United Nations Convention on the Elimination of all forms of Discrimination Against Children • United Nations Convention on Migrant Workers and their Families • United Nations Convention on the Rights of the Child • United Nations Convention against Transnational Organized Crime including its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children WHY DO WE HAVE LAWS PROTECTING WOMEN AND CHILDREN?
  • 3. Trafficking in Persons: refers to the recruitment, obtaining, hiring, providing, offering, transportation, transfer, maintaining, harbouring, or receipt of persons with or without the victim’s consent or knowledge, within or across national borders by means of threat, or use of force, or other other forms of coercion, abduction, fraud, deception, abuse abuse of power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation which includes at a minimum, the exploitation RA 9208 (Anti-Trafficking Act) as amended by RA 10364 (An Act Expanding RA 9208)
  • 4. or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal of organs. The recruitment, transportation, transfer, harbouring, adoption or receipt of a child for the purpose of exploitation or when the adoption is induced by any form of consideration for the exploitative purposes shall also be considered as trafficking in persons even if it does not involve ant of the means set forth in he preceding paragraph. RA 9208 (Anti-Trafficking Act) as amended by RA 10364 (An Act Expanding RA 9208)
  • 5. What are these acts prohibited? • PROSTITUTION • FORCED LABOR • SLAVERY • INVOLUNTARY SERVITUDE (added in RA 10364) • SEX TOURISM • SEXUAL EXPLOITATION • DEBT BONDAGE • PORNOGRAPHY RA 9208 (Anti-Trafficking Act) as expanded by RA 10364 (An Act Expanding RA 9208)
  • 6. Role of the Barangay : They shall monitor cases of trafficking in persons in their area of jurisdiction. They shall also undertake an information campaign against trafficking in persons…xxx… They shall encourage and support community-based initiative which address the trafficking in persons. RA 9208 (Anti-Trafficking Act) as amended by RA 10364 (An Act Expanding RA 9208)
  • 7. Accomplice Liability: Whoever knowingly aids, abets, cooperates in the execution of the offense by previous or simultaneous acts . Accessories: Whoever has the knowledge of the commission of the crime and without having participated therein, either principal or as accomplice, take part in the commission of the crime. Acts that promote Trafficking RA 9208 (Anti-Trafficking Act) as amended by RA 10364 (An Act Expanding RA 9208)
  • 8. Confidentiality: At any stage of the investigation, rescue, prosecution and trial of the offense…xxx…shall protect the right to privacy of the trafficked persons. Programs that Address Trafficking in Persons: LGUs - Shall monitor and document cases of trafficking in persons in their areas of jurisdiction, effect the cancellation of licenses of establishments which violates the provision of this Act and ensure effective prosecution of such cases. RA 9208 (Anti-Trafficking Act) as amended by RA 10364 (An Act Expanding RA 9208)
  • 9. Public Official If the offender is a public official, he or she shall be dismissed from service and shall suffer perpetual absolute disqualification to hold public office, in addition to any imprisonment or fine received. RA 9208 (Anti-Trafficking Act) as amended by RA 10364 (An Act Expanding RA 9208)
  • 10. RA 8353 Anti-Rape Law of 1997 Rape as a Crime Against Persons When and How Rape is committed: 1. By a MAN who shall have carnal knowledge of a woman under any of the following circumstances: • Through force, threat or intimidation; • When the offended party is deprived of reason or otherwise unconscious; • By means of fraudulent machination or grave abuse of authority; and • When the offended party is under 12 years of age or is demented, even though none of the circumstances mentioned above be present.
  • 11. RA 8353 Anti-Rape Law of 1997 2. By ANY PERSON who, under any circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into genital or anal orifice of another person.
  • 12. RA 8505 An Act Providing Assistance and Protection for Rape Victims, Establishing for the Purpose a RAPECRISIS CENTER in every Province and City, Authorizing the appropriation of Funds therefor and for other purposes
  • 13. RA 9262 Anti-Violence against Women and their Children Act
  • 14. RA 9262 Anti-Violence Against Women and Their Children Reasons why there are women who do not report cases of violence against them:  PERSONAL (embarrassment, fear of retaliation, economic dependency)  SOCIETAL (imbalanced power relations for men and women in society, privacy of the family, victim blaming attitude) By Commission on the Elimination of All Forms of Discrimination Against Women (CEDAW) Philippines is a signatory, July 15, 1980 and Ratified on August 5, 1981
  • 15. WHO ARE PROTECTED?  WOMAN • WIFE • FORMER WIFE • WITH WHOM THE PERSON HAS OR HAD SEXUAL OR DATING RELATIONSHIP • WITH WHOM HE HAS A COMMON CHILD  CHILDREN OF THE ABUSED WOMEN (AS DEFINED IN RA 7610) • LEGITIMATE • ILLEGITIMATE • CHILDREN UNDER HER CARE/CUSTODY • CHILDREN WITHIN OR WITHOUT IN THE FAMILY ABODE.
  • 16. WHO ARE LIABLE?  HUSBANDS  EX/FORMER HUSBANDS  BOYFRIENDS/EX BOYFRIENDS  LESBIAN PARTNERS/EX-LESBIAN PARTNERS  ANY PERSON WITH WHOM THE WOMAN HAS/HAD A: - DATING RELATIONSHIP - SEXUAL RELATIONSHIP
  • 17. ANY ACT OR SERIES OF ACTS BY ANY PERSON AGAINST A WOMAN COVERED BY THIS ACT WHICH RESULT IN OR LIKELY TO RESULT IN: PHYSICAL, SEXUAL, PSYCHOLOGICAL HARM OR SUFFERING OR ECONOMIC ABUSE .
  • 18. 1. PHYSICAL VIOLENCE • PHYSICAL INJURIES • MUTILATION 2. SEXUAL VIOLENCE ANY ACT WHICH IS SEXUAL IN NATURE COMMITTED AGAINST A WOMAN OR HER CHILD: - RAPE, ACTS OF LASCIVIOUSNESS - TREATING THE WOMAN OR CHILD AS SEX OBJECT TYPES OF VIOLENCE PUNISHABLE UNDER THIS LAW
  • 19.
  • 20. 3. ECONOMIC ABUSE ACTS THAT MAKE OR ATTEMPT TO MAKE A WOMAN FINANCIALLY DEPENDENT, WHICH INCLUDES: - WITHDRAWAL OF OR INSUFFICIENT 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 VICTIM’S OWN MONEY OR PROPERTIES.
  • 21. 4. PSYCHOLOGICAL VIOLENCE ACTS OR OMISSIONS CAUSING OR LIKELY TO CAUSE MENTAL OR EMOTIONAL SUFFERINGS WHICH INCLUDES: - STALKING - RIDICULE - REPEATED VERBAL ABUSE - DEPRIVING THE WOMAN OF ACCESS TO HER FAMILY - MARITAL INFIDELITY
  • 22. • PEERING IN THE WINDOW; LINGERING OUTSIDE RESIDENCE • ENTERING OR REMAINING IN THE HOUSE OR IN THE PROPERTY OF THE WOMAN OR HER CHILD • DESTROYING PERSONAL BELONGINGS • CAUSING OR HARM TO ANIMALS, PETS OF THE WOMAN OR HER CHILD. • INFLICTING OR THREATENING TO INFLICT PHYSICAL HARM ON ONESELF FOR THE PURPOSE OF CONTROLLING HER ACTIONS OR DECISIONS. • THREATENING THE WOMAN THAT SHE WILL LOST HER CHILD
  • 28. • • • NOTE: ANY OF THE RELIEFS PROVIDED SHALL BE GRANTED EVEN IN THE ABSENCE OF LEGAL SEPARATION OR ANNULMENT OR DECLARATION OF ABSOLUTE NULLITY OF MARRIAGE. THE ISSUANCE OF A BPO OR THE PENDENCY OF AN APPLICATION FOR BPO SHALL NOT PRECLUDE A PETITIONER FROM APPLYING FOR, OR THE COURT FROM GRANTING A TPO OR PPO.
  • 33. • • NOTE : VIOLATION OF THE BPO - SHALL BE FILED WITH THE MTC, MCTC AND MTCC WHICH HAS TERRITORIAL JURISDICTION OF THE BARANGAY WHICH ISSUED THE BPO.
  • 34.
  • 35.
  • 36.
  • 37.
  • 38. BPO receiv e? Start Victim Survivor petitioner reports Incident to the Barangay PB interviews victim; records; & advises her to file an application for BPO The PB/Kagawad conducts ex parte proceedings for the issuance of BPO The PB issues BPO on the same day of appointment The PB/Kagawad serves BPO to the respondent A Yes No B Respondents receives BPO If respondent is not around, the PB/ Kagawad will leave a copy of the BPO at Victim/ PB files complaint for BPO violation with MTC/CTC/ MCTC A B D The PB (or Kagawad) records all BPOs issued PB transmits copy of issued BPO to PNP Women & Children Protection PB/ & LSWDO provides counseling assistance to victim PB monitors respondent’s compliance to BPO BPO violate d? C D Yes C No END
  • 41. EXEMPTION: • THE COURT SHALL ACCEPT THE APPLICATION WITHOUT PAYMENT OF THE FILING FEE AND OTHER FEES AND OF TRANSCRIPT OF STENOGRAPHIC NOTES.
  • 44. DUTIES OF BARANGAY OFFICIALS & LAW ENFORCERS • • • • •
  • 45. (CONT. . ) BARANGAY OFFICIALS/POLICE • • • •
  • 46. • NO CRIMINAL, CIVIL, ADMINISTRATIVE LIABILITY: • •
  • 49. ONE (1) YEAR IMPRISONMENT PLUS A FINE OF NOT MORE THAN P500,000.00
  • 50. “BEHIND THE SUCCESS OF EVERY MAN IS A WOMAN” AND
  • 51. “BEHIND THE FAILUREOF EVERY MAN IS THE OTHERWOMAN”
  • 52. RA 9710 Magna Carta of Women RA 6949 Celebrating National Women’s Day every March 8 of the month RA 7192 Women in Development and Nation- Building Act RA 7192 Party List System Act RA 7877 Anti Sexual Harassment Act RA 6955 An Act Penalizing matching of Filipino MailOrder Brides
  • 53. RIGHTS OF A CHILD 1. 2.
  • 54.
  • 55.
  • 56. RA 9344 (The Juvenile Justice Welfare Act) as amended by RA 10630 (An Act Strengthening the Juvenile Justice System in the Philippines amending for the purpose the Juvenile Justice Welfare Act of 2006 and appropriating funds thereof)
  • 57. WHAT ARE THE RIGHTS OF A CHILD?
  • 58. PROFILE OF FILIPINO CICL : • • • • • • •
  • 59. IN RESPONSE: RA : 9344 [JUVENILE JUSTICE & WELFARE ACT OF 2006 (20 MAY 2006 ) [IRR: 19 SEPTEMBER 2006] RESTORATIVE JUSTICE
  • 60. VICTIM [V], OFFENDER [O], COMMUNITY [C] • • • •
  • 61. WHO IS CHILD / CICL? • “CHILD” • “CHILD IN CONFLICT WITH THE LAW”
  • 62. 15 YEARS OF AGE OR YOUNGER ABOVE 15 [ 15+1 DAY
  • 64.
  • 66.
  • 67. INITIAL CONTACT WITH THE CICL • • • • • • •
  • 68. • WHERE THE CASE SHALL BE REFERRED? • AFTER INITIAL INVESTIGATION: • INTERVENTION: • LSWDO – IF FIFTEEN YEARS OLD OR BELOW, OR ABOVE FIFTEEN YEARS BUT BELOW 18 YEARS OF AGE AND ACTED WITHOUT DISCERNMENT • DIVERSION: • LAW ENFORCEMENT OFFICER - IF THE CHILD IS ABOVE 15, BUT BELOW YEARS ACTED WITH DISCERNMENT AND COMMITTED AN OFFENSE WITH AN IMPOSABLE PENALTY OF NOT MORE THAN SIX YEARS OF IMPRISONMENT. • DIVERSION: • PROSECUTOR OR JUDGE – IF THE CHILD IS ABOVE 15 BUT BELOW 18 YEARS OF AGE, ACTED WITH DISCERNMENT AND ALLEGEDLY COMMITTED AN OFFENSE WITH AN IMPOSABLE PENALTY OF MORE THAN SIX YEARS OF IMPRISONMENT.
  • 69. “BAHAY – PAG ASA” BCPC
  • 71. KINDS OF INTERVENTION PROGRAMS (BY THE LSWDO) • • • • •
  • 72. DIVERSION AT THE KATARUNGANG PAMBARANGAY (LUPONG TAGAPAMAYAPA) • • MECHANISM/FORMS ARE:
  • 76. ACCEPTANCE OF CONTRACT, FORM AND CONTENT • • • • • •
  • 77. WHEN THERE IS NO DIVERSION PUNONG BARANGAY LAW ENFORCEMENT OFFICER PROSECUTOR OR COURT ‘CHILD’
  • 78. DIVERSION PROGRAMS: BARANGAY LEVEL (LUPON) • • • • • •
  • 80.
  • 82. LOCAL COUNCIL FOR THE PROTECTION OF CHILDREN 1) 2) 3) 4)
  • 85. RA 7610 Special Protection of Children against Child abuse, Exploitation and Discrimination and for other purposes
  • 86. What are these acts prohibited? • Child Prostitution and other Sexual Abuse • Attempt to Commit Child Prostitution • Child Trafficking • Attempt to Commit Child Trafficking • Obscene Publication and Indecent Shows • Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child Development • Employment of Children below 15 years old RA 7610 Special Protection Against Child Abuse, Exploitation and Discrimination and For Other Purposes
  • 87. Article IX Children of Indigenous Cultural Communities shall be entitled to Protection, survival and development consistent with the customs and traditions. They shall have access to education (ALS), health and Nutrition and Participation in planning, decision- making and evaluation of all government programs. They shall not be subject to discrimination. RA 7610 Special Protection Against Child Abuse, Exploitation and Discrimination and For Other Purposes
  • 88. Article X Children are declared as ZONES OF PEACE • Evacuation of Children During Armed Conflict • Family Life and Temporary Shelter • Rights of the Child arrested for Reasons to Armed Conflict RA 7610 Special Protection Against Child Abuse, Exploitation and Discrimination and For Other Purposes
  • 89. Who may file? • Offended Party • Parents or Guardian • Ascendant or collateral relative within the third degree of consanguinity • Officer, social worker or representative of a licensed child- caring institution • Officer or social worker of the DSWD • BARANGAY CHAIRMAN • At least 3 concerned responsible citizens where the violation occurred. RA 7610 Special Protection Against Child Abuse, Exploitation and Discrimination and For Other Purposes