You are on page 1of 10

What are the rights of a woman and a child under

the law on Anti-Violence Against Women

and Children.
It is a State policy that we value the dignity of women and children and guarantees 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 (Sec. 2, R.A. 9262).
We all knew about the present news in show business and on Politic involving celebrity
couples or politician wife going to court filling for the declaration of nullity of their
marriage and the wife alleging physical violence, sexual abuse, psychological abuse,
emotional, economic abuse and all other kind of abuse, asking the court to issue
protection order against their husbands and asking the court for custody of their
children or at least asking for a visitorial right over their children.
Many of the women today are aware of the law regarding violence against women and
children but truly many of them do not really understand what is this law is all about.
Many believe that this law only involves physical violence which is the most common
kind or type of violence which women usually experience, many do not know that there
are other types of violence or abuse a woman or a child can experience in the hands of
another person not necessarily her husband. That is why our congress
enacted Republic Act No. 9262 also known as An Act Defining Violence Against
Women and Their Children, Providing for Protective Measures for Victims,
Prescribing Penalties Therefore, And For Other Purposes (Anti-Violence
Against Women and Children) to clearly define, gives protection to women and
children from this kind or type of abuse and provide them penalties for violating the
Violence comes in many forms, it does not only involve physical but also psychological,
emotional, economic abuse, sexual or any action which will result to injury or death to
another person.
So what really is Violence?

According to the World Health Organization, Violence is the intentional use of

physical force or power, threatened or actual, against oneself, another person, or
against a group or community, which either results in or has a high likelihood of
resulting in injury, death, psychological harm, maldevelopment, or deprivation. this
definition is very general that it involves any person without distinction whether as to
your sex, race, religions belief and political views.
Now we a have to this discus one particular group of our society which are usually the
victims of abuse or violence, and they are the women and children of our society. Its not
that men are not also a victims of abuse or violence, however, if we will check the
statistics there are more women and children that are victims compared to men.
Besides there is no law today in the Philippines that particularly protect men from abuse
or violence, but men must not worry because we have other remedies scattered all
over the Revised Penal Code of the Philippines or we might never know our congress will
enact a law protecting us men from abuse or violence from our wife in the near future.
But let us focus now on the violence against women and children. So what really is R.A.
9262 is all about? But first we must define what is violence against women and children
under R.A. 9262?
What is Violence against Women and Children under R.A. 9262?
Violence against women and their children refers to any act or 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, or with whom
he has a common child. or 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.
The above paragraph defined the relationship between the offender and the offender
The offended person must be the following:
a. The wife or the former wife of the offender;
b. Woman with whom the offender has or had a sexual or dating relationship;

c. The mother of which the offender has a common child;

d. The child, whether legitimate or illegitimate child of the woman.
The Offender must be the following:
a. Husbands or former husbands;
b. A person with whom the victim has or had a sexual or dating relationship this
includes live-in partners, boyfriends, or lesbian partners;
c. A person who has a common child with the offended woman;
d. The father of the child who is the victim.
The definition also provide the acts of violence or abuse that have been made against
the offended person and they are the following:
a. Physical violence refers to acts that includes bodily or physical harm;
b. Sexual violence refers to an act which is sexual in nature, committed against a
woman or her child. It includes , but not limited to:

Rape, sexual harassment, acts of lasciviousness, treating a woman or her

child as a sex object, making demeaning and sexually suggestive remarks, physically
attacking the sexual parts of the victims body, forcing her/him to watch obscene
publications and indecent shows or forcing the woman or her child to do indecent
acts and/or make films thereof, forcing the wife and mistress/lover to live in the
conjugal home or sleep together in the same room with the abuser;

Acts causing or attempting to cause the victim to engage in any sexual activity
by force, threat of force, physical or other harm or threat of physical or other harm or

Prostituting the woman or child.

c. Psychological violence refers to acts or omissions causing or likely to cause mental

or emotional
suffering of the victim such as but not limited to intimidation, harassment, stalking,
damage to

property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It
causing or allowing the victim to witness the physical, sexual or psychological abuse of
a member of
the family to which the victim belongs, or to witness pornography in any form or to
witness abusive
injury to pets or to unlawful or unwanted deprivation of the right to custody and/or
visitation of
common children.
d. Economic abuse refers to acts that make or attempt to make a woman financially
which includes, but is not limited to the following:

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.

What is Battered Woman Syndrome?

Battered Woman Syndrome refers to a scientifically defined pattern of psychological
and behavioral
symptoms found in women living in battering relationships as a result of cumulative
It is a woman who was usually persistently physically, psychologically, emotional or
sexual abuse from another person usually her husband.
What is Stalking?

Stalking refers to an intentional act committed by a person who, knowingly and

without lawful
justification follows the woman or her child or places the woman or her child under
surveillance directly or
indirectly or a combination thereof.
What is Dating Relationship?
Dating relationship refers to a situation wherein the parties live as husband and wife
without the benefit
of marriage or are romantically involved over time and on a continuing basis during the
course of the
relationship. A casual acquaintance or ordinary socialization between two individuals in
a business or social
context is not a dating relations
What are the acts of violence that the law will punished?
(R.A. 9262) The crime of violence against women and their children is committed
through any of the following acts:
(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;
(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, or attempting to restrict or restricting the womans or her childs 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. This shall include, but not limited to,

the following acts

committed with the purpose or effect of controlling or restricting the womans or her
childs movement or

Threatening to deprive or actually depriving the woman or her child of custody to

her/his family;

Depriving or threatening to deprive the woman or her children of financial

support legally due her or her family, or deliberately providing the womans children
insufficient financial support;

Depriving or threatening to deprive the woman or her child of a legal right; and

Preventing the woman in engaging in any legitimate profession, occupation,

business or activity or controlling the victims own money or properties, or solely
controlling the conjugal or common money, or properties.

(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of
controlling her
actions or decisions;
(g) Causing or attempting to cause the woman or her child to engage in any sexual
activity which
does not constitute rape, by force or threat of force, physical harm, or through
intimidation directed
against the woman or her child or her/his immediate family;
(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. This
shall include, but not be limited to, the following acts:

Stalking or following the woman or her child in public or private places;

Peering in the window or lingering outside the residence of the woman or her

Entering or remaining in the dwelling or on the property of the woman or her

child against her/his will;

Destroying the property and personal belongings or inflicting harm to animals or

pets of the woman or her child; and

Engaging in any form of harassment or violence.

(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 womans child/children.
What are the penalties for the offender in case of conviction?
The law provides for the penalties that ranges from prision mayor to reclusion
perpetua, subject to qualifying circumstances under the Revised Penal Code. Which
means the offender can be in prison from 6 years to 30 years depending on type of
crime that the offender have been convicted by the court. That the convicted offender
shall pay a fine that ranges from Php100,000.00 to Php300,000.00 and the offender
must undergo mandatory psychological counseling or psychiatric treatment and report
compliance to the court.
Where to file a complaint under R.A. 9262 Anti- Violence against Women and
Children and which court has jurisdiction under this law?
The complaint must be filed on the place where the offense was committed or at the
place where any of its elements was committed. The Regional Trial Court designated as
a Family Court shall have original and exclusive jurisdiction over cases of violence
against women and their children.

Leave a comment

August 12, 2013

Residential Land Titling Simplified! The New

Residential Free Patent Act (R.A. No. 10023)
Institutionalizing Land Titling of
Residential Lands

What is the New Residential Free Patent Act?

Republic Act No. 10023, otherwise known as an Act Authorizing the Issuance
of Free Patents to Residential Lands or the Free Patent Act which was signed
into law by former President Gloria Macapagal-Arroyo last March 9, 2010.
The newly enacted law aims to ease the requirements and procedures in the titling of
residential lands. This law will benefit about 40 million Filipinos who are living on
unregistered land today. This law amended RA 9176, otherwise known as the Public
Land Act.
What is a free patent?
Under the Public Land Act, free patent is the acquisition of public lands by means of an
administrative confirmation of imperfect title. It is intended to legalize the land rights of
Filipinos who are founded to be occupying and cultivating such lands for a certain period
of time.

What are the salient features of R.A. 10023?

1. RA 10023 reduces the period of eligibility for titling from 30 years to 10 years.
However, only alienable land not needed for public service or public use may be given a
free patent.
2. Any Filipino who has paid all the real estate taxes for 10 years shall be entitled to free
patent for such parcel of land in all municipalities and cities.
3. The Law avoids the lengthy and tedious process of acquiring a title through the courts
under the Public Land Act which usually takes a long period of time.
4. In order to qualify, the land should not exceed 200 square meters if it is in a highly
urbanized city, 500 meters in other cities, 750 meters in first-class and second-class
municipalities, and 1,000 meters in third-class municipalities.
5. The law allows the issuance of free patents without payment of outstanding real
estate taxes and removal of restrictions after issuance of free patents.
6. Local government units may also apply for a free patent for public land being used for
public schools, municipal halls, public plazas or parks, and other government institutions
for public use.
7.The Law provides security of the property rights of the owner and will also facilitate
the title holders to credit facilities of banks and other financial institutions using their
land titles as collateral for loans.
8. With the new law signed, landowners can now apply with the Department of
Environment and Natural Resources (DENR) to acquire a title through a free patent.
What is a residential free patent?
A residential free patent is issued on all land that are zoned as residential areas,
including town sites as defined under the Public Land Act, provided that none of the
provisions of PD 705 shall be violated.
Who are eligible to apply for a residential free patent?

Any Filipino citizen who is in actual occupation of the residential land for at least 10
years may apply for residential patent. The applicant must be at least 18 years old, if
the applicant is a minor he or she must be represented by their legal guardians. The
heirs of a deceased applicant may substitute the applicant provided that they
themselves possess the required application. Only one application shall be allowed per
Where to file an application for a residential free patent?
Application shall be filed at the Community Environment and Natural Resources Office
(DENR CENRO) which has jurisdiction over the area being applied for.