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Report on RA 9262

BACKGROUND

 The Anti-VAWC Act of 2004 was enacted under the 12th Congress and took effect
on March 27, 2004
 RA 9262 – An Act Defining Violence Against Women and their Children,
Providing for Protective Measures for Victims, Prescribing Penalties Therefore,
and for Other Purposes
 The Act is in consonance with the 1987 Constitution, particularly with those
constitutional provisions pertaining to equality between men and women, and
recognizing the youth as a vital sector of society

OUTLINE:

 That legal definition of VAWC


 Penalized acts under VAWC

Definitions

 Violence against women and their children

The Act defines VAWC as “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, 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 acts of VAWC referred to in the Act include:

o Physical violence – bodily or physical harm


o Sexual violence – rape, sexual harassment, treating a woman or her child
as a sex object, making demeaning and sexually suggestive remarks,
physically attacking the sexual parts of the victim’s 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
Sexual violence as defined in the Act also includes prostituting the woman
or child.
o Psychological violence – acts or omissions likely to cause mental or
emotional suffering of the victim
o Economic abuse – acts that make or attempt to make a woman financially
dependent
o Dating Relationship
o 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.
o Sexual Relations
o Refers to a single sexual act which may or may not result in the bearing of
a common child

Statutory Construction: liberally construed to promote the protection and safety of


victims

Main Elements:

 Violence
 Relationship

Acts Punished

A. Causing the woman or her child physical harm

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 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;

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.

Penalties Imposed

A. Acts falling under Section 5(a) constituting attempted, frustrated or


consummated parricide or murder or homicide shall be punished in accordance
with the provisions of the Revised Penal Code.

If these acts resulted in mutilation, it shall be punishable in accordance with the


Revised Penal Code; those constituting serious physical injuries shall have the
penalty of prision mayor; those constituting less serious physical injuries shall be
punished by prision correccional; and those constituting slight physical injuries
shall be punished by arresto mayor.

Acts falling under Section 5(b) shall be punished by imprisonment of two


degrees lower than the prescribed penalty for the consummated crime as
specified in the preceding paragraph but shall in no case be lower than arresto
mayor.

B. Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;

C. Acts falling under Section 5(e) shall be punished by prision correccional;


D. Acts falling under Section 5(f) shall be punished by arresto mayor;

E. Acts falling under Section 5(g) shall be punished by prision mayor;

F. Acts falling under Section 5(h) and Section 5(i) shall be punished by prision
mayor.

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
prescribed in the section.

In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not
less than one hundred thousand pesos (P100,000.00) but not more than three hundred
thousand pesos (300,000.00); (b) undergo mandatory psychological counseling or
psychiatric treatment and shall report compliance to the court.

Who are liable

1. Husband/ex-husband
2. Boyfriend/ex-boyfriend
3. Father of the woman’s child
4. Lesbian girlfriend/ex-girlfriend
5. Any person whom the woman has/had a sexual or dating relationship
with

Protection Orders

1. Barangay Protection Order - issued by the Punong Barangay ordering the


perpetrator to desist from committing acts under Section 5 (a) and (b) of this Act.
2. Temporary Protection Order - issued by the court on the date of filing of the
application after ex parte determination that such order should be issued.
3. Permanent Protection Order - protection order issued by the court after notice and
hearing.
 Who may file?
o The offended party
o Parents or guardians of the offended party;
o Ascendants, descendants or collateral relatives of the offended party
within the fourth civil degree of consanguinity or affinity;
o Officers or social workers of the DSWD or social workers of local
government units LGUs;
o Police officers, preferably those in charge of women and children's desks;
o Punong Barangay or Barangay Kagawad;
o Lawyer, counselor, therapist or healthcare provider of the petitioner; or
o At least two concerned, responsible citizens of the place where the
violence against women and their children occurred and who have
personal knowledge of the offense committed.
 Implementing Rules and Regulations
o The Barangay Officer may “arrest the perpetrator even without a warrant
when any of the acts of violence is occurring, or when said barangay
official has personal knowledge that any act of abuse has just been
committed, and in the presence of imminent danger to the life or limb of
the victim-survivor. The barangay official shall confiscate any deadly
weapon in the possession of the perpetrator or within plain view.” [Rule
VIII, Sec. 47 (d)]
o Likewise, the PNP-CWD Officer shall have the “duty to arrest the
perpetrator even without the strength of a warrant, provided the offender
shall be proceeded in accordance with Section 5, Rule 113 of the Rules of
Court.” [Rule VIII, Sec. 47(k)]

RA 9262 AND OTHER LAWS

 Family Code – Reliefs may be granted even in the absence of decree of legal
separation, declaration of absolute nullity of marriage, or annulment

o In legal separation cases where acts of violence under RA 9262 are alleged,
Art. 58 of the Family Code shall not apply

o Woman with BWS shall not be disqualified from having custody of the
child. In no cases shall custody be granted to perpetrator of a woman
suffering from. (Sec. 28, RA 9262)

o Notwithstanding others laws to the contrary, the court shall order that a
percentage of the income of the respondent be withheld to be remitted
directly to the woman (Sec. 8 (g), RA 9262)
 Local Government Code – Secs. 410-413, providing procedures for amicable
settlement of disputes, do not apply in proceedings where relief is sought under
RA 9262.
 Revised Penal Code – Victim-survivors who are found by the court to be
suffering from BWS do not incur criminal or civil liability notwithstanding the
absence of any of the elements for justifying circumstances of self-defense (Sec.
26, RA 9262)

o Being under the influence of alcohol, illicit drugs, or mind-altering


substances are prohibited defenses (Sec. 27, RA 9262)

o Acts falling under Sec. 5(a) constituting consummated, frustrated, or


attempted parricide, murder, or homicide shall be punished in accordance
with the RPC

o Punishable under RPC if acts resulted in mutilation

 Civil Code – As per Sec. 34 of RA 9262, persons who intervene in cases of


violence that act in accordance with law shall not be held criminally, civilly, or
administratively liable.

o Protects persons who intervene from civil suits that may be brought
against them through Art. 26 of the Civil Code that includes “(b)
Meddling with or disturbing the private life or family relations of
another” as a cause of action for damages

 Family Courts Act of 1997 – Family courts have jurisdiction over cases pursued
under RA 9262

o Sec. 7 of the Family Courts Act that grants the Family Court power to
issue a restraining order and order the temporary custody of children
shall not apply in proceedings where relief is sought under RA 9262

BATTERED WOMAN SYNDROME

 Definition - Scientifically defined pattern of psychological and behavioral


symptoms found in women living in battering relationships as a result of
cumulative abuse.
 Three Phases of “Cycle of Violence” (People v Genosa):
o Tension-building phase – could be verbal or slight physical abuse, or
another form of hostile behavior
o Acute battering phase – characterized by brutality, destructiveness and,
sometimes, death
o Tranquil period – phase where the batterer may show a tender and
nurturing behavior towards his partner.
 It must be noted, however, that BWS is not relevant to the criminal/civil case.
o If anything, it is a rider provision as it provides another justifying
circumstance in addition to those enumerated in the RPC
o In VAWC, the woman is the complainant so she does not need a defense.
A protection order can be issued at the mere word of the woman (VAWC
does not have to be proven)
o As a defense, the Act retroacts insofar as it is beneficial to the accused