Digest: Guanzon, Rowena V., Constitutional Challenges to the AVAWC Act of 2004, IBP Journal 43 No. 1 (March 2009).

Pp 1- 72 By BAG

The article is divided into 7 sections. After the introduction, section 2 gives a brief look at the legal history prior to the passage of the AVAWC Act. Section 3 lays out the salient features of the AVAWC Act as follows: 1. Legal underpinnings these are traced from the CEDAW, its Optional Protocol, General Recommendation No. 19, which provides that gender-based violence is an issue of gender discrimination, the Declaration of Elimination of Violence Against Women (DEVAW), from where the AVAWC Act patterned its definition of Violence Against Women (VAW). That the law is gender-specific, only women or their representatives (9) may file actions under the AVAWC, cf. who is protected (3) That public officers have duties under the Act, cf. 29, 30, 31, 32 That reliefs available include the BPO, TPO, and the PPO a. The features of the BPO are as follows: i. Ex parte, within 24H from application ii. Issued by the Bgy Council Chair, or in the absence of whom, by any Bgy Official. (cf DILG rules of procedure to verify any) iii. Granted on grounds of physical abuse or threats of physical abuse ONLY iv. Valid for 15d only v. Violation of the BPO punishable with 30d imprisonment vi. May be availed of separately It also lays out the possible contents of the TPOs and PPOs Other provisions, notably: a. Prohibiting mediation/conciliation b. BWS is now a justifying circumstance in re crim cases c. Exemption of persons intervening from liability (34)

2. 3. 4.

5. 6.

Section 4 contains details of the relief of the protection order and compares available reliefs under the Act with reliefs available under the laws of different countries. Under 8.k of the AVAWC, the courts are allowed to provide other forms of relief deemed necessary to protect and provide for the safety of the petitioner and any designated family or household member. A study of the laws of different countries follows in order to provide the reader with ideas regarding the other forms of relief available. Section 5 is a refutation of the Constitutional challenges raised against the AVAWC. Section 6 is a list of the problems in its enforcement. Notable of which relates to: 1. Lack of Appreciation of Economic Abuse, (p.58) 2. Problems at the Barangay level a. Attempts at conciliation by the Lupong Tagapagpayapa b. Retaliatory civil actions c. Non-issuance of new BPOs for succeeding causes of actions d. Non-responsiveness of bgy officials e. Non-assistance of the same f. Non-use of the power of warrantless arrest when bgy officials do not see physical violence The last section contains the authors conclusions and recommendations.