Professional Documents
Culture Documents
PSUPT KIRBY JOHN B KRAFT, PESE Chief Of Police, San Pedro Laguna
Republic Act 8551, otherwise known as the PNP Reform and Reorganization Act of 1998, in its Title VII, sets the framework of the PNP in providing services to VAWC clients. Section 57. Creation and Functions. The PNP shall establish womens desk in all police stations throughout the country to administer and attend to cases involving crimes against chastity, sexual harassment, abuses committed against women and children and other similar offenders: Provided, that municipalities and cities presently without policewomen will have two (2) years upon 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 PNP shall prioritize the recruitment and training of women who shall serve in the womens desk. Pursuant to this requirement, the PNP shall reserve ten percent (10%) of its annual recruitment , training, and education quota for women. Section 59. Gender Sensitivity Program. The (National Police Commission shall formulate a gender sensitivity program within ninety (90) days from the affectivity of this Act to include but not limited to the establishment of equal opportunities for women in the PNP, the prevention of sexual harassment in the workplace, and the prohibition of discrimination on the basis of gender or sexual orientation.
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 or protect himself or herself because of a physical or mental disability or condition.
Child Trafficking
Child Pornography
Child Prostitution
Child Trafficking The act of buying and selling of a child for money, or for any other consideration
T R A F F I C K I N G
CHILD
Buying/Selling a child
+
Money/ Consideration
Child Pornography
Prostitution Sexual Exploitation Forced Labor Slavery Debt Bondage Involuntary Servitude Removal or Sale of Organs
Punishable Acts
Acts of Trafficking Acts that Promote Trafficking Qualified Trafficking Violation of confidentiality Use of Trafficked Person
trafficking
= Trafficking in
Persons
trafficking
Child = Trafficking
ACT/S
Recruitment Transportation Transfer Harboring Receipt of person; with or without the victims consent or knowledge; within or across national borders
MEANS
Threat or use of force, or other forms of coercion Abduction Fraud Deception Abuse of power or of position Taking advantage of the vulnerability of a person The giving or receiving of payments or benefits to achieve the consent of a person having control over another person.
EXPLOITATIVE PURPOSE
Prostitution or other forms of sexual exploitation Pornography Forced labor or services Slavery Involuntary Servitude or debt bondage Removal or sale of organs
CHILD TRAFFICKING
The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall also be considered as trafficking in persons even if it does not involve any of the means set forth in the law.
CHILD TRAFFICKING
Child : (1) Person below 18 years of age; (2) Person who is over 18 but is unable to fully take care of or protect himself/herself from abuse, exploitation, or discrimination because of a physical or mental disability or condition
PUNISHABLE ACTS
Acts of trafficking in persons (Section 4); Acts that promote trafficking in persons (Section 5); Qualified Trafficking (Section 6) Use of trafficked persons for prostitution (Section 11) Violation of confidentiality (Section 7)
PENALTIES
Act Qualified Trafficking in Persons (Sec. 6) Acts of Trafficking in Persons (Sec.4) Acts that Promote Trafficking in Persons (Sec. 5)
Use of trafficked Persons for Prostitution (Sec. 11) ( Violation of confidentiality (Sec. 7)
20 years imprisonment and a fine of P1million to 2million 15 years imprisonment and a fine of P500,000 to 1million
1st offence: 6months community service and a fine of P50,000;subsequent offences:1year imprisonment and a fine of P100,000
6 years imprisonment and fine P500,000 to 1 million
ACTS OF TRAFFICKING IN PERSONS (Section 4) To recruit, transport, transfer, harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage exploitation
ACTS OF TRAFFICKING IN PERSONS Introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under RA 6955, any Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage
ACTS OF TRAFFICKING IN PERSONS Undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation
Recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad
Knowingly lease or sub-lease, use or allow to be used any house, building or establishment for the purpose of promoting trafficking in persons
Produce, print and issue or distribute un-issued, tampered or fake counseling certificates, registration stickers and certificates of any government agency which issues these certificates and stickers as proof of compliance with government regulatory and pre-departure requirements for the purpose of promoting trafficking in persons
ACTS THAT PROMOTE TRAFFICKING IN PERSONS Advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any means, including the use of information technology and the internet of any brochure, flyer or any propaganda materials that promote trafficking in persons
Assist in the conduct of misrepresentation or fraud for the purposes of facilitating the acquisition of clearances and necessary exit documents from government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting trafficking in persons
To facilitate, assist entry or exit of persons at the airports, seaports and territorial boundaries Confiscate, conceal, destroy passport, travel documents of trafficked persons To knowingly benefit from, financial or otherwise the labor or services of a trafficked person
When the trafficked person is a child Adoption is effected through RA 8043 for the purpose of trafficking When crime is committed by a syndicate or in large scale.
QUALIFIED TRAFFICKING
When the offender is an ascendant, parent, sibling, guardian, or a person who exercises authority over a trafficked person or when offense is committed by a public officer or employee
QUALIFIED TRAFFICKING
When the trafficked person is recruited to engage in prostitution with any member of the military
When the offender is a member of the military or law enforcement agencies When the trafficked person dies, becomes insane, suffers mutilation or is afflicted with HIV-AIDS.
USE OF TRAFFICKED PERSONS RA 9208 punishes any person who buys or engages services of a trafficked person for prostitution
3. Anyone who has personal knowledge of the commission of an offense under RA 9208
prostitution and pornography use of children for illegal activities work that is hazardous and harmful to the health, safety and morals of children
when the child is employed in public entertainment or information through cinema, theater, radio, television or other forms of media is essential.
The law limits children 15 17 years old to work not more than 8 hours a day or 40 hours a week.
Night work from 8pm to 6am is prohibited.
The childs earnings shall be set aside primarily for his/her support, education or skill acquisition.
Not more than 20% of the childs income may be allotted for the collective needs of the family.
Child Work
Work is appropriate to childs age and mental capabilities Limited hours of work, does not hinder the child from going to school, playing or resting Childs physical, emotional and mental well-being are nourished even in the work environment
Child Labor
Work burdens the child; too heavy for childs age and capabilities Very long hours of work, child has limited or no time for school, play or rest Child is subjected to psychological, verbal, or physical/sexual abuse
Legal
Illegal
Services/Assistance, Penalties
SERVICES/ASSISTANCE
Access to Education and Training for Working Children Access to Immediate Legal, Medical and Psycho-Social Services
EXCEPTIONS:
A. When a child works under the sole responsibility of his parents or guardians
Hours of Work
1. 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 following day
2. 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 following day
No child shall be employed as a model in any advertisement directly or indirectly promoting alcoholic beverages, intoxicating drinks, tobacco and its by products, gambling or any form of violence or pornography.
(1) All forms of slavery, as defined under the Anti-trafficking in Persons Act or practices similar to slavery such as sale and trafficking of children, debt bondage and sor use in armed conflict; or (2) The use, procuring, offering or exposing of a child for prostitution, for the production of pornography or for pornographic performances;
(3) The use, procuring or offering of a child for illegal or illicit activities, including the production and trafficking of dangerous drugs and volatile substances prohibited under existing laws
Parents, biological or by legal fiction, and legal guardians found to be violating Sections 12, 12-A, 12-B and 12-C of this Act shall pay a fine of not less than Ten thousand pesos (P10,000.00) but not more than One hundred thousand pesos (P100,000.00), or be required to render community service for not less than thirty (30) days but not more than one (1) year, or both such fine and community service If a corporation commits any of the cited violations, the board of directors/trustees and officers, including the president, secretary and treasurer of the corp who participated in or knowingly allowed the violation shall be penalized accordingly.
By Sexual Intercourse
RAPE
- force or intimidation; - victim is deprived of reason/unconscious; - fraudulent machination/grave abuse of authority; or - victim is under 12 years of age or demented
- inserting penis into another person's mouth or anus; or - inserting any instrument or object into another persons genital or anus
By Sexual Assault
What is consent?
NOTE: There is NO issue of consent for child victims under the age of 12 years old. Children under 12 CANNOT give their consent
Sexual Harassment The Anti-Sexual Harassment Act of 1995 punishes all forms of sexual harassment in the employment, education or training environment. Sexual Harassment is committed if: 1. An employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor or any other person who has authority, influence or moral ascendancy over the offended party
2. In a work or training or education environment 3. Demands, requests or requires any sexual favor from the other 4. Regardless of whether the demand, request or requirement for submission is accepted
Title
An act defining Violence Against Women and Their Children providing for protective measures for victims, prescribing penalties therefor and for other purposes (2004)
To uphold the dignity of women and their children and to guarantee full respect for human rights; The State recognizes the need to protect the family and its members particularly women and children from violence and threats to their personal safety and security.
Rationale:
VIOLENCE AGAINST WOMAN & THEIR CHILDREN refers to any act or a series of acts committed by any person against a woman who is his: wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, against a woman with whom he has a common child,
VIOLENCE AGAINST WOMAN & THEIR CHILDREN against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in - physical, - sexual, - psychological harm or suffering, or - economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.
It includes, but is not limited to, the following acts: 1. Physical violence 2. Sexual violence 3. Psychological violence 4. Economic abuse
restrict the woman and childs freedom of movement or conduct by force or threat of force, physical or other harm or threat of such, or intimidation, including but not limited to the following acts with the purpose of controlling/restricting the woman and childs movement or conduct:
1) threatening to deprive or depriving the woman or her child or custody/access to her/his family;
2) depriving or threatening to deprive the woman or her child of financial support or deliberately providing insufficient financial support
4) Preventing the woman in engaging in legitimate profession, occupation, business or activity, or controlling the victims own money or properties, or solely controlling the conjugal/common money or properties
f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions; g) Causing or attempting to cause the woman or her child to engage in sexual activity which does not constitute rape
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 child, including but not limited to: 1) stalking or following the woman or child in public or in private places; 2) peering in the window or lingering outside the residence of the woman or her child; 3) entering or remaining in the dwelling of the woman or her child against their will; 4) destroying the property and personal belongings of the woman or her child, or inflicting harm to their animals or pets; 5) Any form of harassment or violence;
i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or child, including but not limited to:
repeated verbal and emotional abuse and denial of financial support or denial of access to the womans child/children
Penalties
Physical harm under Section 5(a):
Serious physical injuries Prision mayor Less serious physical Injuries Slight physical injuries Prision coreccional Arresto mayor
Penalties, contd
Acts under Sec.5 (b) Imprisonment of 2 degrees lower than the consummated crime Arresto mayor
Prision correccional
Arresto mayor Prision mayor
Penalties, contd
Fine: PhP 100,000 PhP 300,000
+ Mandatory Psychological counseling or psychiatric treatment
Venue
RTC Family Court has original jurisdiction and exclusive
If no family court in the place where the offense was committed, it shall be filed in the RTC where the crime or any of its elements was committed at the option of the complainant
Protection Orders
Definition:
A protection order is an order issued for the purpose of preventing further acts of violence against a woman or her child. It can also grant other necessary relief. BPO Barangay Protection Order TPO Temporary Protection Order PPO Permanent Protection Order
Kinds
Form
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. A standard protection order application form, written in English with translation to the major local languages, shall be made available to facilitate applications for protections order
Form
If the applicants is not the victim, the application must be accompanied by an affidavit of the applicant attesting to (a) the circumstances of the abuse suffered by the victim and (b) the circumstances of consent given by the victim for the filling of the application. When disclosure of the address of the victim will pose danger to her life, it shall be so stated in the application. In such a case, the applicant shall attest that the victim is residing in the municipality or city over which court has territorial jurisdiction, and shall provide a mailing address for purpose of service processing.
Form
An application for protection order filed with a court shall be considered an application for both a TPO and PPO. Barangay officials and court personnel shall assist applicants in the preparation of the application. Law enforcement agents shall also extend assistance in the application for protection orders in cases brought to their attention.
5) Directing lawful possession and use by petitioner of an automobile and other essential personal effects
8) Prohibition of respondent from any use or possession of firearm or deadly weapon. Court can order him to surrender the same for appropriate disposition by the court.
9) Restitution for actual damages caused by the violence inflicted 10) Directing DSWD or appropriate agency to provide shelter etc. 11) Other relief necessary
Failure to Report
Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or administrative liability.
Confidentiality
All records pertaining to cases of violence against women and children including those in the barangay shall be confidential. All public officers and employees and public or private clinics or hospitals shall respect the right of privacy of the victim.
Any violation of confidentiality clause shall be subject to the contempt powers of the court.
Prescription of Action
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.