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BERNADETH PALOMERA-DEGUZMAN,MPA, MSCJ
ASSISTANT PROFESSOR III
MINDORO STATE UNIVERSITY
BERNADETH PALOMERA-DEGUZMAN,MPA, MSCJ
ASSISTANT PROFESSOR III
MINDORO STATE UNIVERSITY
Passed in the Congress
on February 2004,
signed by Gloria
Macapagal Arroyo in
March 8, 2004 and took
effect in March 23, 2004
A special law which
protects women and
their children from all
forms of abuse
 According to the 2022
National Demographic
and Health Survey
(NDHS) conducted by
the Philippine Statistics
Authority, 17.5%
of Filipino women aged
15-49 have experienced
any form of physical,
sexual, and emotional
violence from their
intimate partners
Relationship, past or present
Married or not; living in or not
Sexual or dating relationship
Including lesbian
relationships
With common child
Falling under Sec. 5
(punishable acts)
dignity of women and children
 guarantees full respect for
human rights
recognizes the need to protect
the family and its members
particularly women and
children, from violence and
threats to their personal safety
and security.
 any act or series of acts
committed by any PERSON
 against a WOMAN who is his
wife, former wife, or with whom
the person has or had a sexual
or dating relationships, or
 with whom he has a common
child whether legitimate or
illegitimate, within or without
the family abode or
 against her child/children under
her care
SECTION 3
May results or is likely to
result in physical, sexual,
psychological harm or
suffering or economic
abuse including threats of
such acts:
Battery (physical harm),
assault, coercion,
harassment or arbitrary
deprivation of liberty
 as a situation wherein
the parties involved
have not been legally
married to each other
but have been involved
in a romantic or
intimate relationship,
whether casual or
serious
 It refers to a
single sexual act
which may or
may not result in
the bearing of a
common child.
 bodily or physical
harm.
 causing, threatening,
attempting to cause
physical harm to the
woman or her child
 placing the woman or
her child in fear of
imminent physical
harm.
 rape
 sexual harassment
 acts of lasciviousness
 treating a woman or her child as a sex object
 making demeaning and sexually suggestive
remarks,
 forcing the wife and mistress/lover to live in the
conjugal home or sleep together in the same room
with the abuser,
 forcing the woman or her child to watch indecent
shows or do indecent acts, or prostituting the
woman or child
 It cause mental or emotional
suffering of the victim like:
 intimidation,
 harassment,
 stalking,
 peering in the window or lingering
outside the residence of the
woman or her child,
 entering or remaining in the
dwelling or on the property of the
woman or her child against his or
her will,
 destroying the property,
 public ridicule or humiliation,
 repeated verbal abuse and marital
infidelity,
 unlawful or unwanted deprivation
of the right to custody and/or
visitation of common children.
3. PSYCHOLOGICAL VIOLENCE
 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 73 of the Family Code;
 deprivation or threat of deprivation of
financial resources and the right to the use
and enjoyment of the conjugal, community
or property owned in common;
 destroying household property;
 controlling the victims' own money or
properties or solely controlling the
conjugal money or properties.
SECTION 5. Acts of Violence Against Women and Their
Children.
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;
SECTION 5. Acts of Violence Against
Women and Their Children.
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,
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.
 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;
SECTION 5. Acts of Violence Against Women
and Their Children.
(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
(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.
SECTION 5. Acts of Violence Against Women and Their Children.
The crime of
violence against
women and their
children, under
Section 5 hereof
shall be punished
according to the
following rules
CRIME PENALTY PRESCRIPTI
VE PERIOD
Sec 5(a) Causing Physical
Harm
1) Serious physical injuries
(over 30 days medical
attention);
Prision mayor
(6yrs &1 day – 12 yrs)
20 years
2) Less serious physical
injuries
(10-30 days medical
attention)
Prision correccional
(6mos & 1 day – 6 yrs)
3) Slight physical injuries
(1-9 days medical attention)
Arresto mayor
(30 days & 1 day-6mos)
CRIME PENALTY PRESCRIPTIVE
PERIOD
Sec. 5 (b)-threatening
to cause physical harm
Not lower than 30
days & 1 day -6 mos
20 years
Sec 5 (c)- attempting to
cause physical harm
Arresto mayor
30 days & 1 day- 6
mos)
20 years
Sec 5 (d)- placing in
fear of imminent
physical harm
Arresto mayor
30 days & 1 day- 6
mos)
20 years
CRIME PENALTY PRESCRIPTI
VE PERIOD
Sec 5 (e-1)-threatening to deprive or actually
depriving the woman or her child of custody
to her family
(e-2)- depriving or threatening to
deprive the woman or her child of financial
support/deliberately providing insufficient
financial support
Prision correccional
(6mos & 1day -6 yrs
20 yrs
(e-3)- depriving or threatening to
deprive the woman or her child of a legal
right
Prision correccional
(6mos & 1day -6 yrs
20 yrs
(e-4)- preventing the woman in
engaging in any legitimate profession,
occupation, business or controlling the
victim’s own money/property
Prision correccional
(6mos & 1day -6 yrs
20 yrs
CRIME PENALTY PRESCRIPTIV
E PERIOD
Sec 5 (f)- Inflicting or
threatening to inflict
physical harm on
one self
Arresto mayor
(30 days & 1 day- 6
mos)
20 yrs
Sec.5 (g)- causing or
attempting to cause
the woman or her
child to engage in
any sexual activity
which does not
constitute rape
Prision mayor
(6 years & 1 day –
12 yrs)
10 yrs
CRIME PENALTY PRESCRIPTI
VE PERIOD
Sec 5 (h)-engaging in reckless
conduct that alarms or causes
psychological distress (for ex.
Stalking; lingering outside
residence; entering or remaining in
the dwelling; destroying property or
inflicting harm to pets;
Prision mayor
(6 years & 1
day – 12 yrs)
10 yrs
Sec 5 (i)- Causing emotional
anguish, public humiliation incl.
repeated verbal abuse and denial of
financial support or denial of
custody of minor children or denial
of access to the woman’s
child/children
Prision mayor
(6 years & 1
day – 12 yrs)
10 yrs
 If the acts are committed
while the woman or
child is pregnant/or
committed in the
presence of her child,
the penalty to be applied
shall be the Maximum
period of penalty
 The Regional Trial Court
designated as a Family Court
shall have original and exclusive
jurisdiction over cases of
violence against women and
their children under this law.
 In the absence of such court in
the place where the offense was
committed, the case shall be
filed in the Regional Trial Court
where the crime or any of its
elements was committed at the
option of the compliant.
MEDICAL ASSISTANCE
COUNSELING
LEGAL ASSISTANCE
1. File a Petition for a
Protection Order
2. File a Criminal Action for
Violation of Anti-VAWC
3. File a Criminal Action
with reservation of a
separate civil action;
or
4. File a Civil Action for
Damages
to prevent further acts of
violence against a woman
or her child.
to safeguard the victim from
further harm
 to minimize disruption in
victim’s daily life
give her the opportunity and
ability to regain control over
her life.
What may be included:
 Prohibition from threatening or
committing, any of punishable
acts;
 Prohibition of respondent from
harassing, annoying,
telephoning, contacting or
otherwise communicating with
the petitioner, directly or
indirectly;
 Removal and exclusion from the
residence regardless of
ownership, temporarily or
permanently where no property
rights are violated;
 Stay away from petitioner, any
designated family or household
member;
PROTECTION ORDERS
What may be included:
 Temporary or permanent custody
of child
 Support – automatic remittance
of salary or income by employer
 DSWD or other appropriate
agency to provide social services
 Provision of other forms of relief
PROTECTION ORDERS
Barangay Protection
Order – 15 days;
renewable
Temporary Protection
Order – 30 days + (shall
be renewed by court)
Permanent Protection
Order- valid/effective
until revoked
 A Barangay Protection
Order (BPO) is a legal
remedy available to victims
of violence, particularly
women and their children,
which can be issued by the
barangay (local government
unit) as provided by RA
9262.
 It aims to provide immediate
protection to victims while
the legal process is ongoing.
Issued by the Court on the day of
filing
Priority over all other cases
Effective for 30 days; extendible
Stay away order, temporary custody
and support to woman and/or her
children, use of community/conjugal
property
Bond to Keep the Peace
Enforceable anywhere in the country
No mediation; no conciliation
issued after notice and
hearing
custody, support to the
woman and/or her
children
respondent to leave the
residence permanently
with Bond to Keep the
Peace (SECTION 23)
 Offended party
 Parents or guardians
 relatives within 4th degree of consanguinity or affinity
 Social workers of DSWD or LGUs
 Police officers preferably WCPD Investigators
 Punong Barangay or kagawad
 Lawyer, counselor, therapist, healthcare provider
 At least 2 citizens of the city or municipality who have
personal knowledge of the offense
BPO- in the Barangay where
the parties reside or where
the respondent resides.
TPO and PPO- in the Family
Court where the petitioner
resides.
If none, in the RTC, MeTC,
MTCC, MTC or MCTC where
the petitioner resides.
 The application for a protection
order must be in writing, signed
and verified under oath by the
applicant.
 It may be filed as an independent
action or as incidental relief in any
civil or criminal case the subject
matter or issues thereof partakes
of a violence as described in this
Act.
 A standard protection order
application form, written in English
with translation to the major local
languages, shall be made available
to facilitate applications for
 Acts falling under
Sections 5(a) to 5(f) shall
prescribe in twenty (20)
years.
Acts falling under
Sections 5(g) to 5(I) shall
prescribe in ten (10) years.
 Violence against women
and their children shall be
considered a public
offense which may be
prosecuted upon the filing
of a complaint by any
citizen having personal
knowledge of the
circumstances involving
the commission of the
crime
 refers to a scientifically
defined pattern of
psychological and behavioral
symptoms found in women
living in battering
relationships
 justifying circumstance
 perpetrator of crime against a
woman with BWS shall not
have custody of children
 this is a novel defense where
victim-survivors do not incur
criminal and civil liability.
SECTION 26. Battered Woman Syndrome as a Defense
 The woman victim of violence
shall be entitled to the custody
and support of her
child/children.
 Children below seven (7) years
old older but with mental or
physical disabilities shall
automatically be given to the
mother, with right to support,
unless the court finds
compelling reasons to order
otherwise.
respond immediately to a call for
help or request for assistance or
protection of the victim whether or
not a protection order has been
issued and ensure the safety of
the victim/s;
confiscate any deadly weapon in
the possession of the perpetrator
or within plain view;
transport or escort the victim/s to
a safe place of their choice or to a
clinic or hospital;
assist the victim in removing
personal belongs from the
house;
assist the barangay officials and
other government officers and
employees who respond to a call
for help;
ensure the enforcement of the
Protection Orders issued by the
Punong Barangay or the courts;
 arrest the suspected perpetrator
without a warrant when any of
the acts of violence defined by
this Act is occurring, or when
he/she has personal knowledge
that any act of abuse has just
been committed, and there is
imminent danger to the life or
limb of the victim as defined in
this Act; and
 immediately report the call for
assessment or assistance of the
DSWD, Social Welfare
Department of LGUs or
accredited non-government
organizations (NGOs).
SECTION 30
Any person, private
individual, police
authority, barangay
official acting in
accordance with law,
who responds or
intervenes without
using violence or
restraint greater than
necessary to ensure
safety of the victim
Right to be treated with respect
& dignity;
Legal assistance; support
services from DSWD, local
government
Privacy and confidentiality of
records
Additional 10 day paid leave
from work aside from present
paid leave benefits
PROCEDURE IN FILING CRIMINAL CASE
Complainant
files complaint
Police or other law
enforcement agency
Office of
the Prosecutor
Documents which may be
Submitted include:
affidavit of complainant,
affidavits of witnesses,
Medical Certificate,
Marriage Certificate,
Police Report
, etc.
 Anti-Sexual Harassment Act of 1995
 Anti-Rape Act of 1997
 Rape Victims Assistance Act (1998)
 An Act penalizing matching of
Filipino mail order brides (1998)
 Republic Act 8972 – Solo Parents'
Welfare Act of 2000
 Anti-Trafficking in Persons Act of
2003
 Anti-Photo and Video Voyeurism
Act of 2009
 Anti-Child Pornography Act of 2009
SECTION 39. INTER-AGENCY COUNCIL ON VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN (IAC-VAWC).
(a) Department of Social Welfare and Development
(DSWD);
(b) National Commission on the Role of Filipino Women
(NCRFW);
(c) Civil Service Commission (CSC);
(d) Commission on Human rights (CHR)
(e) Council for the Welfare of Children (CWC);
(f) Department of Justice (DOJ);
(g) Department of the Interior and Local Government
(DILG);
(h) Philippine National Police (PNP);
(i) Department of Health (DOH);
(j) Department of Education (DepEd);
(k) Department of Labor and Employment (DOLE); and
(l) National Bureau of Investigation (NBI).
RA-9262-Anti- Violence Against Women and Their Children Act of 2004-ppt- mam Badeth 2024.ppt
RA-9262-Anti- Violence Against Women and Their Children Act of 2004-ppt- mam Badeth 2024.ppt
RA-9262-Anti- Violence Against Women and Their Children Act of 2004-ppt- mam Badeth 2024.ppt
RA-9262-Anti- Violence Against Women and Their Children Act of 2004-ppt- mam Badeth 2024.ppt
RA-9262-Anti- Violence Against Women and Their Children Act of 2004-ppt- mam Badeth 2024.ppt
RA-9262-Anti- Violence Against Women and Their Children Act of 2004-ppt- mam Badeth 2024.ppt
RA-9262-Anti- Violence Against Women and Their Children Act of 2004-ppt- mam Badeth 2024.ppt
RA-9262-Anti- Violence Against Women and Their Children Act of 2004-ppt- mam Badeth 2024.ppt
RA-9262-Anti- Violence Against Women and Their Children Act of 2004-ppt- mam Badeth 2024.ppt
RA-9262-Anti- Violence Against Women and Their Children Act of 2004-ppt- mam Badeth 2024.ppt
RA-9262-Anti- Violence Against Women and Their Children Act of 2004-ppt- mam Badeth 2024.ppt
RA-9262-Anti- Violence Against Women and Their Children Act of 2004-ppt- mam Badeth 2024.ppt
RA-9262-Anti- Violence Against Women and Their Children Act of 2004-ppt- mam Badeth 2024.ppt
RA-9262-Anti- Violence Against Women and Their Children Act of 2004-ppt- mam Badeth 2024.ppt
RA-9262-Anti- Violence Against Women and Their Children Act of 2004-ppt- mam Badeth 2024.ppt
RA-9262-Anti- Violence Against Women and Their Children Act of 2004-ppt- mam Badeth 2024.ppt
RA-9262-Anti- Violence Against Women and Their Children Act of 2004-ppt- mam Badeth 2024.ppt
RA-9262-Anti- Violence Against Women and Their Children Act of 2004-ppt- mam Badeth 2024.ppt
RA-9262-Anti- Violence Against Women and Their Children Act of 2004-ppt- mam Badeth 2024.ppt

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RA-9262-Anti- Violence Against Women and Their Children Act of 2004-ppt- mam Badeth 2024.ppt

  • 1. BERNADETH PALOMERA-DEGUZMAN,MPA, MSCJ ASSISTANT PROFESSOR III MINDORO STATE UNIVERSITY
  • 2. BERNADETH PALOMERA-DEGUZMAN,MPA, MSCJ ASSISTANT PROFESSOR III MINDORO STATE UNIVERSITY
  • 3. Passed in the Congress on February 2004, signed by Gloria Macapagal Arroyo in March 8, 2004 and took effect in March 23, 2004 A special law which protects women and their children from all forms of abuse
  • 4.
  • 5.  According to the 2022 National Demographic and Health Survey (NDHS) conducted by the Philippine Statistics Authority, 17.5% of Filipino women aged 15-49 have experienced any form of physical, sexual, and emotional violence from their intimate partners
  • 6.
  • 7. Relationship, past or present Married or not; living in or not Sexual or dating relationship Including lesbian relationships With common child Falling under Sec. 5 (punishable acts)
  • 8. dignity of women and children  guarantees full respect for human rights recognizes the need to protect the family and its members particularly women and children, from violence and threats to their personal safety and security.
  • 9.  any act or series of acts committed by any PERSON  against a WOMAN who is his wife, former wife, or with whom the person has or had a sexual or dating relationships, or  with whom he has a common child whether legitimate or illegitimate, within or without the family abode or  against her child/children under her care SECTION 3
  • 10. May results or is likely to result in physical, sexual, psychological harm or suffering or economic abuse including threats of such acts: Battery (physical harm), assault, coercion, harassment or arbitrary deprivation of liberty
  • 11.  as a situation wherein the parties involved have not been legally married to each other but have been involved in a romantic or intimate relationship, whether casual or serious
  • 12.  It refers to a single sexual act which may or may not result in the bearing of a common child.
  • 13.
  • 14.
  • 15.  bodily or physical harm.  causing, threatening, attempting to cause physical harm to the woman or her child  placing the woman or her child in fear of imminent physical harm.
  • 16.  rape  sexual harassment  acts of lasciviousness  treating a woman or her child as a sex object  making demeaning and sexually suggestive remarks,  forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser,  forcing the woman or her child to watch indecent shows or do indecent acts, or prostituting the woman or child
  • 17.  It cause mental or emotional suffering of the victim like:  intimidation,  harassment,  stalking,  peering in the window or lingering outside the residence of the woman or her child,  entering or remaining in the dwelling or on the property of the woman or her child against his or her will,  destroying the property,  public ridicule or humiliation,  repeated verbal abuse and marital infidelity,  unlawful or unwanted deprivation of the right to custody and/or visitation of common children. 3. PSYCHOLOGICAL VIOLENCE
  • 18.  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 73 of the Family Code;  deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common;  destroying household property;  controlling the victims' own money or properties or solely controlling the conjugal money or properties.
  • 19. SECTION 5. Acts of Violence Against Women and Their Children. 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;
  • 20. SECTION 5. Acts of Violence Against Women and Their Children. 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, 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.
  • 21.  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; SECTION 5. Acts of Violence Against Women and Their Children.
  • 22. (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 (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. SECTION 5. Acts of Violence Against Women and Their Children.
  • 23. The crime of violence against women and their children, under Section 5 hereof shall be punished according to the following rules
  • 24. CRIME PENALTY PRESCRIPTI VE PERIOD Sec 5(a) Causing Physical Harm 1) Serious physical injuries (over 30 days medical attention); Prision mayor (6yrs &1 day – 12 yrs) 20 years 2) Less serious physical injuries (10-30 days medical attention) Prision correccional (6mos & 1 day – 6 yrs) 3) Slight physical injuries (1-9 days medical attention) Arresto mayor (30 days & 1 day-6mos)
  • 25. CRIME PENALTY PRESCRIPTIVE PERIOD Sec. 5 (b)-threatening to cause physical harm Not lower than 30 days & 1 day -6 mos 20 years Sec 5 (c)- attempting to cause physical harm Arresto mayor 30 days & 1 day- 6 mos) 20 years Sec 5 (d)- placing in fear of imminent physical harm Arresto mayor 30 days & 1 day- 6 mos) 20 years
  • 26. CRIME PENALTY PRESCRIPTI VE PERIOD Sec 5 (e-1)-threatening to deprive or actually depriving the woman or her child of custody to her family (e-2)- depriving or threatening to deprive the woman or her child of financial support/deliberately providing insufficient financial support Prision correccional (6mos & 1day -6 yrs 20 yrs (e-3)- depriving or threatening to deprive the woman or her child of a legal right Prision correccional (6mos & 1day -6 yrs 20 yrs (e-4)- preventing the woman in engaging in any legitimate profession, occupation, business or controlling the victim’s own money/property Prision correccional (6mos & 1day -6 yrs 20 yrs
  • 27. CRIME PENALTY PRESCRIPTIV E PERIOD Sec 5 (f)- Inflicting or threatening to inflict physical harm on one self Arresto mayor (30 days & 1 day- 6 mos) 20 yrs Sec.5 (g)- causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape Prision mayor (6 years & 1 day – 12 yrs) 10 yrs
  • 28. CRIME PENALTY PRESCRIPTI VE PERIOD Sec 5 (h)-engaging in reckless conduct that alarms or causes psychological distress (for ex. Stalking; lingering outside residence; entering or remaining in the dwelling; destroying property or inflicting harm to pets; Prision mayor (6 years & 1 day – 12 yrs) 10 yrs Sec 5 (i)- Causing emotional anguish, public humiliation incl. repeated verbal abuse and denial of financial support or denial of custody of minor children or denial of access to the woman’s child/children Prision mayor (6 years & 1 day – 12 yrs) 10 yrs
  • 29.  If the acts are committed while the woman or child is pregnant/or committed in the presence of her child, the penalty to be applied shall be the Maximum period of penalty
  • 30.  The Regional Trial Court designated as a Family Court shall have original and exclusive jurisdiction over cases of violence against women and their children under this law.  In the absence of such court in the place where the offense was committed, the case shall be filed in the Regional Trial Court where the crime or any of its elements was committed at the option of the compliant.
  • 32. 1. File a Petition for a Protection Order 2. File a Criminal Action for Violation of Anti-VAWC 3. File a Criminal Action with reservation of a separate civil action; or 4. File a Civil Action for Damages
  • 33. to prevent further acts of violence against a woman or her child. to safeguard the victim from further harm  to minimize disruption in victim’s daily life give her the opportunity and ability to regain control over her life.
  • 34. What may be included:  Prohibition from threatening or committing, any of punishable acts;  Prohibition of respondent from harassing, annoying, telephoning, contacting or otherwise communicating with the petitioner, directly or indirectly;  Removal and exclusion from the residence regardless of ownership, temporarily or permanently where no property rights are violated;  Stay away from petitioner, any designated family or household member; PROTECTION ORDERS
  • 35. What may be included:  Temporary or permanent custody of child  Support – automatic remittance of salary or income by employer  DSWD or other appropriate agency to provide social services  Provision of other forms of relief PROTECTION ORDERS
  • 36. Barangay Protection Order – 15 days; renewable Temporary Protection Order – 30 days + (shall be renewed by court) Permanent Protection Order- valid/effective until revoked
  • 37.  A Barangay Protection Order (BPO) is a legal remedy available to victims of violence, particularly women and their children, which can be issued by the barangay (local government unit) as provided by RA 9262.  It aims to provide immediate protection to victims while the legal process is ongoing.
  • 38. Issued by the Court on the day of filing Priority over all other cases Effective for 30 days; extendible Stay away order, temporary custody and support to woman and/or her children, use of community/conjugal property Bond to Keep the Peace Enforceable anywhere in the country No mediation; no conciliation
  • 39. issued after notice and hearing custody, support to the woman and/or her children respondent to leave the residence permanently with Bond to Keep the Peace (SECTION 23)
  • 40.  Offended party  Parents or guardians  relatives within 4th degree of consanguinity or affinity  Social workers of DSWD or LGUs  Police officers preferably WCPD Investigators  Punong Barangay or kagawad  Lawyer, counselor, therapist, healthcare provider  At least 2 citizens of the city or municipality who have personal knowledge of the offense
  • 41. BPO- in the Barangay where the parties reside or where the respondent resides. TPO and PPO- in the Family Court where the petitioner resides. If none, in the RTC, MeTC, MTCC, MTC or MCTC where the petitioner resides.
  • 42.  The application for a protection order must be in writing, signed and verified under oath by the applicant.  It may be filed as an independent action or as incidental relief in any civil or criminal case the subject matter or issues thereof partakes of a violence as described in this Act.  A standard protection order application form, written in English with translation to the major local languages, shall be made available to facilitate applications for
  • 43.  Acts falling under Sections 5(a) to 5(f) shall prescribe in twenty (20) years. Acts falling under Sections 5(g) to 5(I) shall prescribe in ten (10) years.
  • 44.  Violence against women and their children shall be considered a public offense which may be prosecuted upon the filing of a complaint by any citizen having personal knowledge of the circumstances involving the commission of the crime
  • 45.  refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships  justifying circumstance  perpetrator of crime against a woman with BWS shall not have custody of children  this is a novel defense where victim-survivors do not incur criminal and civil liability. SECTION 26. Battered Woman Syndrome as a Defense
  • 46.  The woman victim of violence shall be entitled to the custody and support of her child/children.  Children below seven (7) years old older but with mental or physical disabilities shall automatically be given to the mother, with right to support, unless the court finds compelling reasons to order otherwise.
  • 47. respond immediately to a call for help or request for assistance or protection of the victim whether or not a protection order has been issued and ensure the safety of the victim/s; confiscate any deadly weapon in the possession of the perpetrator or within plain view; transport or escort the victim/s to a safe place of their choice or to a clinic or hospital;
  • 48. assist the victim in removing personal belongs from the house; assist the barangay officials and other government officers and employees who respond to a call for help; ensure the enforcement of the Protection Orders issued by the Punong Barangay or the courts;
  • 49.  arrest the suspected perpetrator without a warrant when any of the acts of violence defined by this Act is occurring, or when he/she has personal knowledge that any act of abuse has just been committed, and there is imminent danger to the life or limb of the victim as defined in this Act; and  immediately report the call for assessment or assistance of the DSWD, Social Welfare Department of LGUs or accredited non-government organizations (NGOs). SECTION 30
  • 50. Any person, private individual, police authority, barangay official acting in accordance with law, who responds or intervenes without using violence or restraint greater than necessary to ensure safety of the victim
  • 51. Right to be treated with respect & dignity; Legal assistance; support services from DSWD, local government Privacy and confidentiality of records Additional 10 day paid leave from work aside from present paid leave benefits
  • 52. PROCEDURE IN FILING CRIMINAL CASE Complainant files complaint Police or other law enforcement agency Office of the Prosecutor Documents which may be Submitted include: affidavit of complainant, affidavits of witnesses, Medical Certificate, Marriage Certificate, Police Report , etc.
  • 53.
  • 54.
  • 55.  Anti-Sexual Harassment Act of 1995  Anti-Rape Act of 1997  Rape Victims Assistance Act (1998)  An Act penalizing matching of Filipino mail order brides (1998)  Republic Act 8972 – Solo Parents' Welfare Act of 2000  Anti-Trafficking in Persons Act of 2003  Anti-Photo and Video Voyeurism Act of 2009  Anti-Child Pornography Act of 2009
  • 56. SECTION 39. INTER-AGENCY COUNCIL ON VIOLENCE AGAINST WOMEN AND THEIR CHILDREN (IAC-VAWC). (a) Department of Social Welfare and Development (DSWD); (b) National Commission on the Role of Filipino Women (NCRFW); (c) Civil Service Commission (CSC); (d) Commission on Human rights (CHR) (e) Council for the Welfare of Children (CWC); (f) Department of Justice (DOJ); (g) Department of the Interior and Local Government (DILG); (h) Philippine National Police (PNP); (i) Department of Health (DOH); (j) Department of Education (DepEd); (k) Department of Labor and Employment (DOLE); and (l) National Bureau of Investigation (NBI).