Surviving Violence and Trafficking–Stories of Women and Youth: Olongapo | Human Trafficking | Prostitution

SURVIVING VIOLENCE & TRAFFICKING

STORIES OF WOMEN AND YOUTH OF OLONGAPO CITY
A RESEARCH REPORT

M

erle was only 17 years old when she was brought to a brothel in Manila that catered to Japanese customers. She was able to escape, but only last December, she saw the same recruiter who got her recruiting young women again.

The exploitation of women has become even more varied with the progress of technology. Nimia was offered the job of chatting on the Internet with men. Later, she realized the job entailed doing very demanding sexual tricks as a cyber sex model as requested by her online clients. Those who traffic women abroad have connections in the Immigration departments of our airports, so that even minors like Gladys, who was 16 when she was tricked into working as a prostitute in Malaysia, was able to pass inspection without any problem. These are some of the issues and obstacles faced by VAWC and trafficking survivors, and many stakeholders are earnest about addressing them. The city government of Olongapo, for its part, has drafted and passed ordinances, resolutions and executive orders to support R.A. 9262 and R.A. 9208. Institutional mechanisms have been set up to implement these laws. But women and children who suffer violence within the home, and exploitation and abuse outside, sometimes do not get the aid and justice they are seeking. It is the intent of this research report to find out why.

WeDpro, Inc.

ABOUT THE PROJECT AND THE PUBLISHER

The Women’s Education, Development, Productivity & Research Organization or WeDpro, Inc. was established in 1989 by a group of feminists who were interested in undertaking development work that privileged women’s human rights issues, especially in the area of trafficking and sexual exploitation. It made its mark in the development arena in 1990/91 when WeDpro submitted to the Aquino Government the report on the Comprehensive Bases Conversion Program Study on Women; the report provided alternative development agenda for women that were to be affected by the withdrawal of the US military bases in 1991. WeDpro has then evolved as a feminist group of volunteer women and men who undertake various projects and activities aimed at promoting human rights particularly women’s rights through research, training and education, cultural activities, advocacy and campaigns. The European Union-supported project “Private and Public Faces of Violence Against Women: Addressing Domestic Violence and Trafficking In the Urban Poor Communities and “Red Light Districts” of Angeles City and Olongapo City” aims to contribute to enhancing the governance environment where the promotion of human rights is at the center, particularly the fulfilling of the obligation of local government units (LGUs) to protect and promote the rights of vulnerable populations against trafficking and violence, and to increase the rights-claiming capacities of women. Specifically, the project will identify factors constraining the effective implementation of the anti-trafficking and anti-VAWC laws in the selected areas, from a rights and gender-based perspective; and build the capacities of stakeholders to address the identified factors hindering the protection and fulfillment of the right against trafficking and violence. Electronic version of this publication may also be accessed at WeDpro’s website: http://www.wedprophils.org
Book and cover design: Rolando F. Santos / Images © Elenaphoto21 (front) & Otnaydur (back) | Dreamstime.com

Surviving Violence and Trafficking
StorieS of Women and Youth of olongapo CitY
A Research Report

Private and Public Faces of Violence Against Women: Addressing Domestic Violence and Trafficking in the Urban Poor Communities and Entertainment Centers of Angeles City and Olongapo City

A project funded by The European Union

A project implemented by WeDpro, Inc.

DISCLAIMER This document has been produced with the financial assistance of the European Union. The contents of this document are the sole responsiblity of Women's Education, Development, Productivity and research Organization (WeDpro), Inc. and can under no circumstances be regarded as reflecting the position of the European Union.

SUrVIVIng VIOlEnCE AnD TrAFFICkIng: Stories of Women and Youth of Olongapo City—A research report ISBn 978-971-91451-7-2 Copyright © 2010 All rights reserved — WeDpro, Inc. no part of this publication may be reproduced or transmitted in any form or by any means, graphic, electronic, or mechanical, including photocopying, recording, taping, or by any information storage retrieval system, without the permission, in writing, from the publisher. Published by the Women’s Education, Development, Productivity and research Organization (WeDpro), Inc. through the Project “Private and Public Faces of Violence Against Women: Addressing Domestic Violence and Trafficking in the Urban Poor Communities and Entertainment Centers of Angeles City and Olongapo City” (“The red AVP”) A project funded by The European Union In cooperation with: Buklod Center, Inc. nagkakaisang kababaihan ng Angeles, Inc. local government Units of the Cities of Angeles and Olongapo Barangays Amsic and Malabanias (Angeles) Barangays gordon Heights and West Bajac-bajac (Olongapo) research and Editorial Team: Aida Santos-Maranan, Project Manager & Executive Editor lilian Pimentel, research Team leader and Writer Tezza O. Parel, Editor rolando F. Santos, Book Design & layout; Additional Editing First printing August 2010; second printing December 2010 Printed in the Philippines Printed by rightClick Design and Editorial Services

Acronyms ..................................................................................................................................................................vi Acknowledgment ....................................................................................................................................................vii Prologue ................................................................................................................................................................. viii Introduction............................................................................................................................................................... 1 The Project .......................................................................................................................................................... 1 The Global Realities of VAWC .......................................................................................................................... 2 VAWC in the Philippine Context ..................................................................................................................... 3 Looking Through the Gendered Lens: A Framework of Analysis.................................................................. 5 Graph 1. Number of Registered Entertainment Centers in Angeles City ........................................... 6 Graph 2. Number of Registered Entertainment Centers in Olongapo City ........................................ 6 The Research.............................................................................................................................................................. 8 Objectives ............................................................................................................................................................ 8 Methodology ....................................................................................................................................................... 8 The Validation Workshop ................................................................................................................................. 9 Limitations .......................................................................................................................................................... 9 ThE OLONGAPO CITy REPORT Sources of Data ........................................................................................................................................................ 11 Key Informants .......................................................................................................................................... 11 Focused Group Discussions ....................................................................................................................... 11 Secondary Materials ....................................................................................................................................... 11 Findings .................................................................................................................................................................... 12 Profile of Women ............................................................................................................................................. 12 VAWC and Trafficking Statistics.................................................................................................................... 12 Filing Complaints ............................................................................................................................................. 13 Filing Cases in Court ....................................................................................................................................... 13 The Service Providers and VAWC ................................................................................................................. 14 Barangays’ handling of VAWC Cases ............................................................................................................ 15 Factors that Enable the Effective Implementation of R.A.s 9262 and 9208 .........................................................17 Five major enabling factors cited by KIs ...................................................................................................... 17 Steps that have helped KIs implement R.A.s 9262 and 9208 ..................................................................... 17 Steps to address trafficking ............................................................................................................................ 17 Factors that Constrain the Effective Implementation of R.A.s 9262 and 9208 .............................................. 18 Structural constraints ..................................................................................................................................... 18 Problems related to trafficking...................................................................................................................... 19 The Survivors........................................................................................................................................................... 20 Profiles of the women ..................................................................................................................................... 20 Profiles of the VAWC perpetrators and traffickers .................................................................................... 20 Nature of violence ........................................................................................................................................... 20 Duration and frequency of violence ............................................................................................................. 21 Reaction of VAWC and Trafficking Survivors and Status of their Cases ................................................. 21 Support System of VAWC Survivors ............................................................................................................ 21 Present Concerns of VAWC Survivors ......................................................................................................... 21 Survivors’ Stories ................................................................................................................................................... 22 VAWC ................................................................................................................................................................. 22 Trafficking ......................................................................................................................................................... 26 Recommendations ........................................................................................................................................... 30 Project Photos.......................................................................................................................................................... 34 OVERALL FINDINGS AND RECOMMENDATIONS

Contents

Overall Findings ...................................................................................................................................................... 36 VAWC ................................................................................................................................................................. 36 Trafficking ......................................................................................................................................................... 37 Enabling Factors for the Effective Implementation of R.A.s 9262 and 9208 .......................................... 38 Constraints to the Effective Implementation of R.A.s 9262 and 9208 ...................................................... 38 Overall Recommendations ................................................................................................................................... 42 For the barangays ............................................................................................................................................ 42 For LGUs............................................................................................................................................................. 42 For NGOs ............................................................................................................................................................ 45 For communities .............................................................................................................................................. 45 Recommendations that need immediate attention.................................................................................... 46 For other stakeholders .................................................................................................................................... 46 For the academe ............................................................................................................................................... 46 For people in politics ....................................................................................................................................... 46 References ................................................................................................................................................................ 47 LIST OF TABLES Table 1. Key Informants (KIs) ...................................................................................................................................................48 Table 2. VAWC and Trafficking Statistics ........................................................................................................... 49 Table 3. Statistics and Status of VAWC Cases Filed in Family Court – Olongapo City, 2004-2009 .................51 Table 4. Status of Trafficking Cases in Olongapo City as of Dec. 2009 ......................................................................51 Table 5. Status of Cases with Petition for TPO/PPO as of Dec. 2009 ..........................................................................51 Table 6. Profile of Women from Bgys. West Bajac-bajac and Gordon Heights.............................................. 51 Table 7. Common VAWC-related Complaints..................................................................................................... 52 Table 8. Striking/Memorable VAWC-related Complaints ................................................................................ 52 Table 9. Cases Considered Difficult to Handle .................................................................................................... 52 Table 10. Barangays’ Ways of handling VAWC Cases........................................................................................ 53 Table 11. Enabling Factors in the Effective Implementation of R.A.s 9262 and 9208................................... 54 Table 11a. Government Programs to Address VAW .......................................................................................... 56 Table 11b. NGO and Academe Programs to Address VAW ............................................................................... 58 Table 12. Constraints to the Effective Implementation of R.A.s 9262 and 9208 ............................................ 59 Table 13. Trafficking Cases from Key Informants and FGD Participants ....................................................... 61 Table 14. Profile of Survivors ................................................................................................................................ 61 Table 15. Profile of VAW Perpetrators ................................................................................................................ 62 Table 16. Nature of Violence/Duration and Frequency of Violence/Causes of Abuse ................................ 62 Table 17. Reaction of Survivors and Status of Cases ......................................................................................... 63 Table 18. Recommendations from LGU, Service Providers, Law Enforcers, NGOs and FGD Participants 64 Table 19. Recommendations from the VAW Survivors .................................................................................... 65

Annex 1. Annex 2. Annex 3. Annex 4. Annex 5. Annex 6. Annex 7. Annex 8. Annex 9. Annex 10. Annex 11.

LIST OF ANNExES List of Key Informants ....................................................................................................................... 66 List of FGD Participants ..................................................................................................................... 67 Samples of VAWC Complaints Registered in the Logbook of Bgy. Gordon heights ............... 68 Bgy. Gordon heights Compliance Monitoring Report Submitted to DILG ................................ 69 Bgy. West Bajac-bajac Samples of Registered VAWC Complaints .............................................. 72 VAWC Implementation Report – Bgy. West Bajac-bajac .............................................................. 73 City Police Detailed Report on Crimes Against Women (2004-2009) ......................................... 76 Cases of Violation of R.A.s 9208 and 9262 (PREDA Foundation).................................................. 78 VAWC Cases, Jan.-June 2009, Family Court Branch 73, Olongapo City ...................................... 79 VAWC Cases, As of July-Dec. 2009, Family Court Branch 73, Olongapo City ............................ 82 Statistical Report on Dismissed and Archived VAWC Cases (2005-2009) Family Court Branch 73 - Olongapo City ........................................................................................ 86 Annex 12a. Status of Trafficking Cases, Family Court Branch 73 - Olongapo City ....................................... 88 Annex 12b. Statistical Report on TPO and PPO (Jan. 2003-Dec. 2009) Regional Trial Court (RTC) Branch 73 - Olongapo City................................................................. 88 Annex 13. Cases handled by Zambales CIDT..................................................................................................... 89 Annex 14. Executive Order No. 25 – Creating the Anti-Indecency Board .................................................... 92 Annex 15. Ordinance No. 102 – Curfew hours for Minors .............................................................................. 95 Annex 16. Ordinance No. 78 – Rules and Regulations to Govern the Operation, Licensing and Supervision of all Computer-related Establishments ......................................... 97 Annex 17. Ordinance No. 79 – Defining and Penalizing Online Pornography...........................................102 Annex 18. Ordinance No. 69 – Providing for a City Gender and Development Code ...............................108 Annex 19. Ordinance No. 26 – Creating a Joint Local Inter-agency Council for Anti-trafficking and Anti-VAWC .............................................................................................134 Annex 20. Ordinance No. 51 – Addressing the System of Prostitution, Imposing Penalties on the Perpetrators, Providing Protective Measures and Support for the Prostituted Persons .....137 Annex 21. Ordinance No. 29 – Adopting R.A. 9208 and Its Implementing Rules and Regulations .........145 Annex 22. Resolution No. 143 – Supporting the Anti-obscenity and Pornography Act of 2004.............152 Annex 23. Resolution No. 144 – Supporting the Passage of house Bill 4613, “An Act Defining the Crime of Child Pornography” ...................................................................155 Annex 24. Resolution No. 145 – Supporting house Bill 4575, “An Act Penalizing Online Child Pornography” ..........................................................................157 Annex 25. Resolution No. 31 – Urging the LGUs to Call for Advocacy to Uplift Women’s Rights and Dignity ..........................................................................................160 Annex 26. Resolution No. 98 – Supporting the Local MOVE in Olongapo City..........................................163 Annex 27. Resolution No. 22 – Declaring March 2000 as International Women’s Month .......................166 Annex 28. List of Participants - Research Validation Workshop, April 20, 2010 ......................................168

Acronyms
BDPA BHRAO BPSO BPO CAT CEDAW CIDG CSWDO DEVAW DSWD GAD GBV PAO EU FGD GO KI KII LGU MOVE NCRFW NGO OFW PCW PNP PPGD PPO PDPW R.A. R.A. 9208 R.A. 9262 RTC SBMA The Red AVP TIP Report TPO UN VAW VAWC VFA WBB WCPD WHO Beijing Declaration and Platform for Action Barangay Human Rights Action Officers Barangay Peace and Safety Officer Barangay Protection Order Convesntion Against Trafficking Convention on the Elimination of all Forms of Discrimination against Women Criminal Investigation and Detection Group City Social Work and Development Office Declaration on the Elimination of Violence Against Women Department of Social Work and Development Gender and Development Gender-based violence Public Attorney’s Office European Union Focus group discussion Government Key informant Key informant interview Local government unit Men Opposed to Violence Against Women Everywhere National Commission on the Role of Filipino Women Non-government organization Overseas Filipino worker Philippine Commission on Women Philippine National Police Philippine Plan for Gender-Responsive Development Permanent Protection Order Philippine Development Plan for Women Republic Act Anti-Trafficking in Persons Act of 2003 Anti-Violence Against Women and Their Children Act of 2004 Regional Trial Court Subic Bay Metropolitan Authority The Red Anti-Violence Project Trafficking in Persons Report Temporary Protection Order United Nations Violence against women Violence against women and their children Visiting Forces Agreement West Bajac-bajac Women and Children Protection Desk World Health Organization

vi

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ThE PRESENT REPORT has been culled from a longer report prepared by the Research Team led by Lilian Pimentel. The report is the culminating activity under the Research Component of the project funded by the European Union called “Private and Public Faces of Violence Against Women: Addressing Domestic Violence and Trafficking in the Urban Poor Communities and Entertainment Centers of Angeles City and Olongapo City,” or “The Red AVP” (The Red Anti-Violence Project). The research started in mid-November 2009 and was completed in June 2010. Several months of painstaking efforts were done by the Research Team to track down and collect official documents related to the enforcement of Republic Act (R.A.) 9262, or the Anti-Violence Against Women and Their Children (Anti-VAWC) Act of 2004, and R.A. 9208, or the Anti-Trafficking in Persons Act of 2003, and other documents on related concerns. hundred of hours were spent on focus group discussions (FGDs) and in interviewing local government officials, police, social workers, human rights advocates, barangay officials, members of women’s groups and other civil society groups, and victim-survivors of violence and trafficking. The cooperation of the local government units of the cities of Angeles and Olongapo and Barangays Amsic and Malabanias (Angeles) and Barangays Gordon heights and West Bajac-bajac (Olongapo) were crucial to the completion of the report. While the present study does not present the entirety of the universe of the two cities and the barangays involved in the project with regard to the situation of violence against women and trafficking, within the timeframe of the research and the project in general, the report provides a lens through which the duty-bearers (State and its instrumentalities) and claim-holders (people/citizens/communities) could address the gaps and challenges pertaining to the laws’ implementation and the delivery of programs and services. The recommendations outlined in the report are important particularly for the various stakeholders in the cities and barangays concerned. But these are also useful for other cities and barangays whose situations are perhaps not too different from the project partners of The Red AVP. After all, the only way we can protect our children and future generations in general is to protect our women—our grandmothers, mothers, daughters, wives. Violence against women in all its forms is “… in direct contradiction to national and social development goals.” It is a human rights issue, it is a national issue that has repercussions on our fate as a nation. Finally, the stories that dot the narrative of the report were made possible by the victim-survivors who courageously, but often with fear and trepidation, shared the pains of their experiences, whether as survivors of violence or of trafficking. Sometimes, their stories end in smiles of victory, sometimes with bittersweet memories, sometimes with sorrow, but nonetheless with the hope that other women and youth can and will learn from their experiences. WeDpro would like to thank the European Union for its support and with it, WeDpro shares the hope that the project can make a difference in the lives of women and youth in the cities of Angeles and Olongapo, and contribute to a future of this nation where human rights are protected and promoted, and where women’s rights are at the center of governance. We offer this report to the women and youth of Angeles and Olongapo. May the breaking of silences and the courage to stand up be a continuing commitment. Thank you. AIDA SANTOS-MARANAN Project Manager, “The Red AVP” Chairperson of the Board of Directors, WeDpro, Inc.
Stories of Women and Youth of Olongapo City

Acknowledgment

vii

Prologue

FOR yEARS, 62-yEAR-OLD AGNES (all names presented here are fictitious) had been enduring her husband’s violence, who would beat her and choke her whenever he got angry. When she tried to get advice from a teacher, she was simply told to “keep the communication lines open.” Her father said she had to accept what was happening in her marriage. her religion had taught her to be committed to it, and as she ruefully noted, there was no provision in the marital contract on how to escape a bad one. During all those years that she was suffering, she knew, “deep in her heart,” that her husband had no right to beat her, and she attended different kinds of trainings until she met women from BUKLOD, a women’s organization based in Olongapo, who acquainted her with Republic Act (R.A.) 9262 and R.A. 9208. The first was the Anti-Violence Against Women and their Children Act and the second was the Anti-Trafficking Act. When she could no longer endure her husband’s abuse, she left the conjugal home for two years. But her children were being neglected so she came back, but this time she was better equipped to deal with the violence. When he beat her again, she went to the council of the barangay (village) for help. She secured a medico-legal certificate to document her injuries and her husband was jailed for three days. She told him to leave the house but until now he still lives there as he has nowhere else to go. But the violence has stopped and Agnes feels that her knowledge of R.A. 9262 protects her from being battered again. But sometimes, even when a survivor has physically separated from the husband or partner the violence continues. Marta secured a barangay protection order (BPO) against her live-in partner and the order has saved her from further physical abuse, but he now he stalks her and continues to makes threats on her life. Most victim-survivors of violence against women (VAW) turn to their family for succor and support. But like many of the women interviewed for this report, Elena is a migrant from another province and has no close relatives where she lives. She cannot turn to her husband’s family because they side with him despite his abusive behavior. In a situation like this, barangays are seen as the first line of defense for survivors of VAW. But in Elena’s case, during her first attempt to get a BPO, her in-laws were able to convince the barangay officials that they could help resolve the couple’s quarrels. In the course of the research, the Project Team came across entries in barangay logbooks that documented amicable settlements between couples. These agreements, called “kasunduan,” would contain a promise from the husband not to hurt his wife again. Both parties would sign the kasunduan and this would be entered in the logbook. In the implementing guidelines of R.A. 9262, it is mentioned several times that the barangay may not mediate or otherwise influence the victim-survivor to compromise or abandon the relief she is seeking. This raises the question of whether the barangays encourage such reconciliations, and if that is the case, what influences this? The law mandates that all barangays be given orientation seminars on VAWC and trafficking. But is it enough to successfully overcome ingrained beliefs about women and the status of women and men in society? Carmen’s husband once tried to beat her with a pipe after she had the “temerity” to confront his mistress, but when she ran to the barangay for help they sided with her husband. Part of the problem is resource allocation. The seminars have only be given once, and no priority is given to evaluation and monitoring. How well have the laws sunk in? In some instances, the barangay viii Surviving Violence and Trafficking

officials did not know that they had the authority to endorse a complaint to the police and have the perpetrator charged under R.A. 9262. Perhaps they thought their main role was simply to maintain local peace and order, so that in the case of Delia, after she had her battering complaint blottered in the barangay logbook, they summoned her partner and had the couple hold a dialogue. There were also several entries logged as “temporary custody/safekeeping.” These pertained to perpetrators who were removed from their domiciles at their wives’ request to spend a night in the barangay hall cell. Most often, the man was either drunk or high on drugs and had become menacing but had not yet attacked his wife or partner, and so the barangay officials marked the incident down as a case of “temporary custody/safekeeping” and not VAWC, because no physical assault had taken place or the injuries had not been extreme. This is also how some victims regard VAWC. Nelia never reported her husband’s abuse until he nearly killed her in December 2009, because he “is levelheaded when he’s not drunk.” Elena has been punched, beaten and pushed, but she describes these as only “slight” physical abuse. The Anti-VAWC Law comprehensively describes abuse as not just physical harm. Among other definitions, it includes psychological violence and financial deprivation as forms of abuse for which the perpetrator can be held to account. But many women do not know this, and some wait until the physical violence is so grievous even they cannot ignore it. A more vigorous dissemination of information about the law would help more victims avail of its protection, and help barangays better implement it. Few victims, for instance, know that they could file administrative cases against barangay officials if they are not taken seriously. In the case of trafficking, there is the added problem of corruption. According to one of the service providers interviewed for this report, minors have been caught working in bars, an obvious violation of the law, but the owners have managed to renew their business permits. This reinforces the perception that some bar owners have connections in city hall. In fact, some local officials are said to own clubs and bars, which conflicts with their mandate to enforce the laws and ordinances against prostitution. Some police officers are said to be directly involved in perpetuating prostitution, by receiving protection money from establishments, or from streetwalkers like Emma, who is constantly harassed by the police who want a share of her hard-earned income. Merle was only 17 years old when she was brought to a brothel in Manila that catered to Japanese customers. She was able to escape, but only last December, she saw the same recruiter who got her in Olongapo recruiting young women again. The exploitation of women has become even more varied with the progress of technology. Nimia was offered the job of chatting on the Internet with men. Later, she realized the job entailed doing very demanding sexual tricks as a cyber sex model as requested by her online clients. Those who traffic women abroad have connections in the Immigration departments of our airports, so that even minors like Gladys, who was 16 when she was tricked into working as a prostitute in Malaysia, was able to pass inspection without any problem. Trafficking is not only about sexual servitude. It also means being made to work under unfair conditions, like Miriam who experienced slave labor in Mecca, working for 16 to 18 hours a day until she collapsed from overfatigue and depression, and for less than the salary stated in her contract. But for the most part, trafficking is meant to supply the many sex dens and prostitution fronts abroad, and most of its victims are women and children. Life for a bar girl, said Susana who was trafficked to Hong Kong when she was 22, is hard and risky, and after taking all those risks, the chance of having a better life remains uncertain. “you’re selling your body and your soul but it does ix

Stories of Women and Youth of Olongapo City

not buy you a better life.” This, she sees, is the greatest violence done to women who have been sold into prostitution like her. But few of the victims will ever file cases because they do not know their rights, and sometimes, the people they approach for help do not know it either. The parents of Michelle, who was prostituted in Malaysia when she was only 17, tried to ask a high government official for help, but they were told by his office that there was nothing he could do as Michelle had entered the country illegally. And yet it is clearly stated in R.A. 9208 that victims cannot be held culpable for any immigration violations they may have committed as a direct result of being trafficked. Rescued victims know this, but they remain fearful of pursuing their traffickers because they feel vulnerable to retaliation from the prostitution syndicates. Many blame themselves instead for not reading their contracts more carefully. Divina felt she had no case because she had willingly signed her contract, although now it is clear to her that she had been deceived into doing topless dancing in Japan at the age of 19. Besides, she felt, a legal process would take a long time and would only eat up her savings. Miriam has found this to be true. After being repatriated from Mecca, she reported her ordeal to the Overseas Workers Welfare Administration and the Philippine Overseas Employment Authority, the lead agencies that address the rights and welfare of Filipino workers abroad. They referred her to the Department of Labor and Employment, which then referred her case to the National Labor Relations Commission. A hearing was set, but on the day of the hearing, Miriam had no money for transportation and failed to attend. The NLRC decided to refer her case to a Regional Trial Court in San Fernando, Pampanga, making it even more difficult for her to attend hearings. These are some of the issues and obstacles faced by VAWC and trafficking survivors, and many stakeholders are earnest about addressing them. The city governments of Olongapo and Angeles, for their part, have drafted and passed ordinances, resolutions and executive orders to support R.A. 9262 and R.A. 9208. Institutional mechanisms have been set up to implement these laws. But women and children who suffer violence within the home, and exploitation and abuse outside, sometimes do not get the aid and justice they are seeking. It is the intent of this research report to find out why.

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Surviving Violence and Trafficking

Introduction
IN 2003, the Philippine Congress passed Republic Act (R.A.) 9208 to eliminate and punish human trafficking, especially that of women and children, establishing the necessary institutional mechanisms for the protection and support of trafficked persons. The following year, Congress passed R.A. 9262, the Anti-Violence Against Women and Their Children Act of 2004, granting government the right to intervene in cases of household violence or abuse against women and children, of which the most common perpetrators are male relatives or male partners. Previous to that, such situations were considered private and beyond the jurisdiction of the state. The laws in themselves are comprehensive. R.A. 9208 calls not only for protection against trafficking, but for mechanisms to help victims recover from their ordeal and reintegrate into society. R.A. 9262 recognizes that violence against women and children or VAWC can take many forms, that it is not just physical harm that constitutes violence but psychological, emotional and economic abuse as well. Seven years after the passing of the Anti-Trafficking Act and six years after the Anti-VAWC Act, how far have these laws gone in addressing the situations to which women and children are the most vulnerable? The frontline implementers of these laws are the elected council members of our barangays (Filipino word for village). In practice, victims of abuse usually seek help from family, friends and neighbors. But when they do finally enlist the aid of the law, it is barangay officials that they most often initially run to for rescue and assistance. It is the aim of this research report to find out how the two laws are being implemented at the barangay level and how they are being availed of by the vulnerable sectors they address. The research report itself is part of a four-pronged project called “Private and Public Faces of Violence Against Women: Addressing Domestic Violence and Trafficking in the Urban Poor Communities and Entertainment Centers of Angeles City and Olongapo City” (“The Red AVP”). It is in the context of this project that the research report should be viewed. The project’s overall goal is to contribute to a rights-based and gender-responsive governance where women’s rights are contextualized within human rights. It is self-evident, of course, that women being human are entitled to human rights, but the need to take into consideration the women’s perspective in legislation, policies and programs is crucial because their unequal status in society makes them more vulnerable to violence and exploitation than men. In the rights-based approach to governance, as defined by the United Nations, there are rightsholders and there are duty-bearers. Rights-holders are entitled to expect to live in dignity, safety and comfort, while duty-bearers have the obligation to implement the instruments that would make this come true. In rights-based governance, even the most marginalized should feel empowered to claim those rights and to hold accountable those who have a duty to act (UN high Commissioner for human Rights). This then is the project’s particular objective: to see how the local government units or LGUs are fulfilling their obligation to protect and promote the rights of vulnerable populations against trafficking and violence and to increase the rights-claiming capacities of women. To achieve this overall goal, we need to: a) identify factors constraining the effective implementation of the laws against trafficking and VAWC in the selected areas, from a rights- and 1

  Project The

Stories of Women and Youth of Olongapo City

gender-based perspective; and b) build the capacities of stakeholders to address the identified factors hindering the fulfillment of these laws. Working towards these objectives are the four main activities of the project: a) a baseline report on trafficking and VAWC; b) the capacity-building of stakeholders; c) the development and distribution of information, education and communication (IEC) materials; and, d) the establishment of community theater groups. The present report includes updated data on trafficking and VAWC cases and the LGU and community initiatives to address them. It is expected that the project will contribute to the: • increased knowledge and skills of major stakeholders on rights-based planning, case management and advocacy against trafficking and VAWC; • increased community awareness on trafficking and VAWC; and, • increased community participation in the advocacy against trafficking and VAWC. Violence against women (VAW) is recognized as a form of inequality and a priority issue for women around the world. According to the World Health Organization (WHO, 1997a) Information Pack, at least one in five women suffer rape or attempted rape in their lifetimes. VAW is present in most societies but has largely gone unrecognized and unreported. It used to be, and still is in some places, accepted as a part of human nature. It affects the capacity of women to participate freely and fully in society. It brings harmful consequences to women’s physical and psychological health. It is also a leading cause of death among women through murder or suicide (Cheung, et al., 1999). In the United Nations (UN) Declaration on the Elimination of Violence Against Women or DEVAW (December 1993), VAW is defined as “any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life, and includes physical, sexual or psychological violence perpetuated or condoned by the state, wherever it occurs” (Cheung, et al., 1999). The latest statistics on VAW is alarming, showing why it is a growing public health concern. • In every country where reliable, large-scale studies have been conducted, results indicate that between 10% and 50% of women report that they have been physically abused by an intimate partner in their lifetime. • Population-based studies report that between 12% to 25% of women have experienced attempted or completed forced sex by an intimate partner or ex-partner at some time in their lives. • Interpersonal violence was the tenth leading cause of death for women 15-44 years of age in 1998 (The Ford Foundation, 2003). • Prostitution, trafficking for sex and sex tourism appear to be worsening. According to the U.S. Department of State’s 2010 Trafficking in Persons Report (TIP Report), there are an estimated 12.3 million adults and children in forced labor, bonded labor and forced prostitution around the world and that 56% of these victims are women and girls. The State Department further estimates this illicit global business to be worth $32 billion in the current year. • 1 million children are exploited by the global commercial sex trade every year (U.S. Department of State, The Facts About Child Sex Tourism: 2005) • 80% of transnational victims are women and girls (U.S. Department of State, Trafficking in Persons Report: 2007). 2

  Global Realities of VAWC The

Surviving Violence and Trafficking

A twin issue of gender-based violence (GBV) or VAW is trafficking. Trafficking in persons is defined as the “illicit and clandestine movement of persons across national and international borders, largely from developing countries and some countries with economies in transition, with the end goal of forcing women and girl children into sexually or economically oppressive and exploitative situations for the profit of recruiters, traffickers and crime syndicates, as well as other illegal activities related to trafficking, such as forced labor, false marriages, clandestine employment and false adoption” (UN definition found in General Assembly resolution 49/66). Different definitions of trafficking contain various elements. The common elements in all definitions of trafficking include: a) the recruitment and/or transportation of women; b) for work or service; and c) for the profit of the traffickers (Mekong Region Law Center, 1997). Accurate figures on trafficking are hard to come by, partly because of the illegality and clandestine activities involved and partly because the problem has not been fully recognized at an official level in many countries. A report of the Secretary General of the United Nations to the General Assembly A/51/309 states that quantitative estimates of the dimensions of the problem are difficult as there are almost no reliable estimates of the numbers of women who are trafficked, where they come from and where they are trafficked to. Trafficking as such is not reported as a category in crime statistics collected by the UN, for example. however, many countries are beginning to collect information on this issue. It appears that trafficked women come from almost all over the world, more from some regions and countries than others. For example, Ghana, Nigeria and Morocco in Africa; Brazil and Columbia in Latin America; the Dominican Republic in the Caribbean; and the Philippines and Thailand in Southeast Asia. Research shows that there are well-established links between certain sources and host countries. Furthermore, after the emergence of the New Independent States of the former Soviet Union after the fall of the Berlin Wall, it has been noted that a large number of Central and Eastern European countries have become sources and/or transit countries. The flow is towards industrialized countries. The Special Rapporteur on VAWC reported that women are primarily trafficked from the South to the North, and increasingly from South to South. Patterns of trafficking in women vary according to changing regional conditions and potential opening up of markets, similar to the supply-demand curve. Trafficking routes replicate migration routes (Mekong Region Law Center, 1997). In the Philippines, concern about VAW has been rising since the 1980s when women non-government organizations (NGOs) succeeded in persuading the National Commission on the Role of Filipino Women (NCRFW, now called the Philippne Commission on Women or PCW) to include VAW in the Philippine Development Plan for Women (PDPW) 1989-1992. In the current long-term Philippine Plan for Gender-Responsive Development (PPGD) 1995-2025, VAW is broadly understood as “any violation of a woman’s personhood, mental or physical integrity or freedom of movement.” The PPGD adopts the UN definition mentioned earlier but culls from the experiences of Filipino women in enumerating acts of VAW, some of which are not mentioned in the Beijing Platform for Action, e.g., lesbophobia/homophobia, medical abuse, custodial abuse, pornography and abuse of women in media, ritual abuse within religious cults, culture-bound practices such as arranged marriages, and others (The Ford Foundation, 2003). The PPGD is quite clear about VAW “being in direct contradiction to national and social development goals.” It “effectively blocks Filipino women’s rightful path to human development and 3

  VAWC in the Philippine Context

Stories of Women and Youth of Olongapo City

causes them to withdraw from community life… It undermines their self-confidence and sense of self-esteem at every level. Physically and psychologically, it jeopardizes their health, human rights and their capacity to participate, as well as to contribute freely to the society.” The culture of violence “denies a developing country like the Philippines the full talents of its women.” In fact, it has been found to be a major factor in the out-migration of many highly skilled and productive Filipinos (The Ford Foundation, 2003). In 2008, the National Demographic and Health Survey (NDHS) of the National Statistics Office (NSO) conducted a survey which probed into women’s experiences of violence, particularly on physical violence and sexual violence. The respondents were women aged 15-49 who were either: a) never married, b) married or living together, and c) divorced/separated/widowed. The survey reported that: • One in five women aged 15 to 49 have experienced physical violence, meaning an alarming 20.1% of the respondents have experienced physical violence, some from as young as 15 years old. • One in ten women aged 15-49 have experienced sexual violence. The highest incidence of sexual violence (19.7%) was experienced among those who were divorced/separated/ widowed. • Majority of the perpetrators of physical violence were the husbands (54.7%), showing that women were not safe even in their own homes. Similarly for sexual violence, the current husband/partner was the main perpetrator (60.6%). • The most common form of spousal physical violence was slapping (8.5%) followed by pushing, shaking or throwing objects at the woman (8.2%), and hitting her with his fist or with an object (4.7%). • The most common form of spousal sexual violence was physically forcing the woman to have sexual intercourse even when she did not want to (6.3%). • Of other forms of spousal violence (i.e., emotional violence and economic violence), the most common forms included insulting the woman or making her feel bad about herself (10.9%), followed by not allowing her to engage in any legitimate work or the practice of her profession (8.9%), and saying or doing something to humiliate her in front of others (7.4%). VAW should be a serious concern to society especially if the battered woman is pregnant. It not only puts the mother at risk but also the unborn child. The survey showed that almost four out of 100 pregnant women experienced physical violence (3.6%). Among women who had experienced physical or sexual violence, 26.9% fought back verbally, 21.2% fought back physically, and 17.5% sought help to try to stop the violence. Among those who sought help, 45.1% sought help from their families, 28.5% from friends and neighbors, and 14.5% from in-laws. Only 9.3% went to the police and 6.0% to a social service organization. Between 2008-2009, VAW cases reported to the Philippine National Police (PNP) rose by 37.4% (from 6,905 in 2008 to 9,485 in 2009) while cases of women in especially difficult circumstances served by the Department of Social Welfare and Development (DSWD) increased by 32.1% (from 10,630 in 2008 to 14,040 in 2009) [National Statistical Coordination Board, 2010]. Data culled from the 1995 records of the Women’s Crisis Center showed the following realities of VAW: • 7 out of 10 rape survivors were raped by men known to them. • 60% of rape survivors were forced into early marriages or live-in arrangements with their assailants. 4

Surviving Violence and Trafficking

• • • • • • •

60% of incest survivors were abused by their biological fathers. 1 out of 3 incest survivors were abused when they were below 11 years old. 60% of the incest survivors reported that their mothers were also battered by their fatherassailants. 9 out of 10 battered women experienced marital rape. 6 out of 10 battered women were battered during pregnancy. 6 out of 10 battered women had unwanted pregnancies. 2 out of 10 incest and rape survivors had unwanted pregnancies (The Ford Foundation, 2003).

“The Red AVP” (The Red Anti-Violence Project) is framed from a rights-based and gender-responsive perspective. Violence against women or VAW—and in the context of the law in the Philippines, violence against women and their children (VAWC) as enunciated in R.A. 9262—is a twin issue of trafficking in persons (R.2. 9208). It has long been recognized by advocates worldwide that women are especially vulnerable to gender-based violence owing to sociocultural norms that keep them marginalized and subordinate to men in society. This gender-based discrimination is played out in the everyday lives of women, starting in their families and within their intimate relationships. Sexual violence—of which sex trafficking and prostitution are but a part—is then not simply an issue of lust or libido but a manifestation of unequal power relations between women and men, and women and patriarchal society in general. However, as in prostitution and trafficking, the predominant attitude of communities to VAW is that of cynicism (WEDPRO’s approved proposal to the EU, 2009). Human trafficking is a grave form of human rights violation that disproportionately targets women and girl children. Although people may be trafficked for various reasons, sex trafficking remains one of the critical areas because prevailing attitudes in society towards women and sexuality reinforce this phenomenon. These societal attitudes also hinder victims of sex trafficking from mechanisms, structures and services that address the violation of their rights, and may influence how local government units mandated to provide services for them carry out their tasks (WEDPRO’s approved proposal to the EU, 2009). This reality is especially glaring in red light districts and the surrounding communities where trafficked and prostituted women and girl children are seen as “willing” participants in the sex trade, leading to a cynical if not callous attitude to their plight. In fact, one of the reactions that the project team received when they started researching in the communities was one of amazement at what the fuss was all about. Prostitution is seen as a viable economic option like any other, especially where poverty is rampant, and they were not alarmed at how the close proximity to a red light district may be affecting their children. There is also the issue of criminal syndicates controlling prostitution. They are seen as too huge to challenge and too dangerous to expose, and if they have the ability to influence some duty-bearers either through fear or profit, how does this affect the political will to implement the laws that seek to eradicate trafficking and prostitution? Both trafficking and violence against women are human rights violations that State parties to international human rights conventions, particularly the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention Against Trafficking (CAT), are 5

  Looking Through the Gendered Lens: A Framework of Analysis

Stories of Women and Youth of Olongapo City

obliged to address. In the Philippines, several laws have already been enacted to protect and fulfill women’s human right to be safe from trafficking and violence. However, implementation of these laws remains amiss, particularly at the local level (WEDPRO’s approved proposal to the EU, 2009 ). The cities of Angeles and Olongapo have been dubbed “tourist destinations” for both local and foreign populations, given Clark’s international airport and the presence of “ecotourist” enterprises in Subic. One of the consequences of these situations is the continuing use of women and children in so-called “rest and relaxation” or R&R activities and sex tourism. But specific data and information on this are hard to come by due to the nature of the transactions involved in R&R and given the fact that under the terms of the Visiting Forces Agreement (VFA) between the US and the Philippines, military personnel are supposedly not allowed to fraternize with women involved in the sex industry. however, the number of entertainment establishments (please see below), the growing number of migrant women who shift between the two cities looking for “jobs,” and the community’s attestations are difficult to ignore (WEDPRO’s approved proposal to the EU, 2009). Graph 1. Number of Registered Entertainment Centers in Angeles City
120

Number of Registered Entertainment Centers in Angeles City

100

80

60

videoke/karaoke/music lounges bars/cocktail lounges spa/massage parlors night clubs

40

20

0 2005

Graph 2. Number of Registered Entertainment Centers in Olongapo City
70 60

Number of Registered Entertainment Centers in Olongapo City

2006

2007

2008

50 Bars/Disco Bars/Cocktail Lounges Music Lounges/Videoke Bars Night Clubs Spa/Massage Parlors Resorts/Bath Houses Billiard/Pool Houses Amusement Centers

40

30

20

10

0 2007 2008 2009

6

Surviving Violence and Trafficking

The Philippines is a signatory to the 1979 Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) and committed to the implementation of the 1985 Nairobi Forward-Looking Strategies for the Advancement of Women, the 1993 Declaration on the Elimination of Violence Against Women, and the 1995 Beijing Declaration and Platform for Action adopted during the 4th World Conference on Women. As part of the government’s international commitment, in 2003, Republic Act 9208, “An Act to Institute Policies to Eliminate Trafficking in Persons Especially Women and Children, Establishing the Necessary Institutional Mechanisms for the Protection and Support of Trafficked Persons”—better known as the Anti-Trafficking Law was passed. In 2004, R.A. 9262, “The Anti-Violence against Women and their Children Act,” also known as the Anti-VAWC Law, was passed. The Anti-VAWC Law granted the government the power to intervene in cases of household violence or abuse against women and children, as much of the violence happens in the home at the hands of a male relative or partner, a matter which was previously considered to be private and beyond the jurisdiction of the state. The Anti-Trafficking Law developed a human rights framework and defined what constitutes trafficking, which includes trafficking for sexual exploitation. “Human trafficking is a global problem. It is modern-day slavery and victims rarely have a voice” (former US Ambassador Kristie A. Kenny). Yet, one painful reality is that while international trafficking has been given attention, the nexus to it, studies on local trafficking, remains underresourced and therefore unexplored in many areas of the country. There is a need to undertake research and actions that address VAW and trafficking as interconnected issues of human rights (WEDPRO’s approved proposal to the EU, 2009). This research hopes to contribute in addressing that need.

Stories of Women and Youth of Olongapo City

7

The Research
During the project conceptualization stage, the objectives were stated as, to wit, “to establish a credible baseline data in selected project sites that show the magnitude of both actual cases and the vulnerabilities of women and youth to various forms of violence including trafficking, that can be used for policy and legislative reforms.” Three data collection techniques were used: 1) collection of secondary materials, 2) key informant interviews (KIIs), and 3) focus group discussions (FGDs).

  Objectives

  Methodology

Collection of Secondary Materials
A review of secondary materials included scanning/review of barangay or village complaints logbooks, police blotters and reports, social workers reports, NGO reports and case studies. We also obtained information on the status of VAWC and trafficking cases filed in Family Courts.

Key Informant Interviews (KIIs)
There were four groups of key informants interviewed: a) VAWC and trafficking victim-survivors; b) barangay officials; c) city government officials which included gender and development (GAD) focal persons in city government units, social workers from the CSWDO, PNP and their Women’s Desk officers, judges of Family Courts, city councilor for women and children’s concerns, and vice mayor; and d) local advocates, mostly NGOs and civil society groups addressing the issues of VAWC and trafficking. Different sets of interview guides were prepared: a) for barangay officials, b) for the GAD focal person, c) for social workers, d) for VAWC and trafficking survivors, and e) for the mayor, vice mayor and NGOs. But there were three essential questions that were asked of all key informants: 1. What measures have been taken by the LGUs to fully implement the Anti-VAWC and AntiTrafficking laws in their respective localities? 2. What are the enabling and disabling factors in the full implementation of these laws? 3. What are their recommendations to improve implementation of R.A. 9262 and R.A. 9208? Another area of inquiry was on the barangays’ knowledge of the process of handling VAWC cases. To get a glimpse of this, the key informants were asked to describe how they dealt with VAW cases; the agencies to which victim-survivors were referred if additional assistance was needed; and what for them were the indicators that a case has been resolved or closed. KIs (Key Informants) were also asked to identify the persons who followed up the cases and whether anti-VAWC desks have been set up in their barangays.

Focus Group Discussions (FGDs)
The FGD is a well-targeted and designed meeting that is often used to augment data from surveys. The objective of augmenting the data was attained after a new batch of people joined the FGDs in addition to the members of the Project Steering Committee composed of barangay officials, representatives from the PNP, CSWDO and LGUs, the academe, and women representing local women’s organizations. 8
Surviving Violence and Trafficking

On April 21, 2010, a Validation Workshop was conducted. This was organized to present the findings of the research to the stakeholders and to gather their feedback. Highlights of the research findings were presented. These included: a) VAWC and trafficking statistics gathered from the barangays, CSWDO, WCPD, Family Courts and NGOs; b) the enabling and disabling factors in the effective implementation of R.A.s 9262 and 9208; and c) recommendations to improve implementation of the two laws. There were 35 participants. Two board members from WEDPRO joined the workshops. The presence of two Family Court judges—Judge Bernardita Erum and Judge Ma. Angelica Quiambao— greatly helped in validating the statistics on VAWC and trafficking and in clarifying the problem of the prosecution service. The validation workshops attained their objective of validating the findings of the research with the key informants and other stakeholders from the communities before a final research report is released. There were only two barangays under study: Bgy. Malabanias and Bgy. Amsic. These barangays were chosen in consultation with the local women’s organization NAGKA, which is the partner of WEDPRO in Angeles City. In the course of the research, two factors hindered the full achievement of the objective, namely, time limitations and data gaps.

  Validation Workshop The

  Limitations

Time Limitations
The Research Team had to interview at least 30 key informants from November 2009 to January 2010; the schedule was too tight to complete the interviews given the unavailability of key informants during the Christmas break. The Christmas break lessened the number of days for the interviews. There were 40 key informants. NAGKA with the assistance of the barangay officials identified the key informants. The Research Team experienced some difficulty in getting appointments for these interviews.

Data Gaps
When the Research Team was reviewing the cases filed at the Angeles Family Court, they noticed that there were more violations of R.A. 7610—the Special Protection of Children Against Abuse, Exploitation and Discrimination Act—than R.A.s 9262 and 9208. At the time of the writing, the CSWDO did not have consolidated data on the prevalence statistics of VAW. however, the CSWDO and WCPD informed the body during the Validation Workshop that starting April 2010, the barangays, WCPD, CSWDO and Family Courts will be using an intake/update card for each victim-survivor as suggested by the Philippine Commission on Women (PCW). Further, the DSWD is mandated to consolidate the data coming from the different service and law enforcement agencies, including the barangays and the Family Courts. It is expected that more accurate prevalence statistics on VAW will be available by then. Given the above situation, the research refocused its objective and centered on assessing the current reality of trafficking and VAWC in Angeles City and in identifying the barriers to their effective intervention. 9

Stories of Women and Youth of Olongapo City

What were gathered were separate reports from the two barangays under study, Women and Children Protection Desks (WCPD), City Social Welfare and Development Offices (CSWDO), Family Courts and NGOs. The Research Team tried to gather VAWC and trafficking-related studies from local universities but none were available.

10 Surviving Violence and Trafficking

THE OLONGAPO CITy REPORT Sources of Data
The Research Team interviewed a total of 34 key informants composed of 12 barangay officials, 12 service providers/law enforcers/NGOs, and 10 VAW survivors. The interviews started in November 2009 and were completed in January 2010. • Three FGDs were conducted on January 22, 2010, one in the morning and two in the afternoon. • There were a total of 23 participants: 10 for Group 1, seven for Group 2, and six for Group 3. • Group 1 had two participants from the CSWDO, one councilor from the Committee on Women and Children (CWP), one clerk of court, one barangay secretary, and five police officers. • Group 2 had four barangay officials and staff, two members of BUKLOD and one VAW survivor. • Group 3 had two NGO representatives, two from the academe (Aura College and Gordon College), one anti-VAW advocate, and the head of the Barangay Human Rights Action Officers (BHRAO) in Olongapo.

  Informants (please refer to Table 1) Key

  Focused Group Discussions (please refer to Annex 2)

Police blotters
• • • •

  Secondary Materials
VAWC complaints registered in Bgy. Gordon heights from 2004-2009 (please refer to Annex 3) VAWC complaints registered in Bgy. West Bajac-bajac from 2004-2009 (please refer to Annex 5) VAWC cases from Bgy. Gordon heights reported to the DILG in their Compliance Monitoring Form, from 2006-2008 (please refer to Annex 4) VAWC cases from Bgy. West Bajac-bajac reported to the DILG in their VAWC Implementation Report (please refer to Annex 6) Detailed Report on Crimes Against Women 2004-2009 (please refer to Annex 7) Cases of violations of R.A.s 9208 and 9262 (please refer to Annex 8)

Department of Interior and Local Government (DILG)

Olongapo City Police Office
• • • •

People’s Recovery Empowerment Development Assistance (PREDA) Foundation Family Court Branch 73
Statistics and status of VAWC cases filed from 2004-2009 (please refer to Annexes 9-12b) Monitoring of cases handled by the Criminal Investigation and Detection Team (CIDT) of Zambales (please refer to Annex 13) Statistics and Report 2005-2008 (submitted by Olongapo City during its participation in the Search for Outstanding VAW-Responsive LGU held in 2009) Bgy. Gordon heights Bgy. West Bajac-bajac
Stories of Women and Youth of Olongapo City

Criminal Investigation and Detection Group (CIDG)

City Social Welfare and Development Office (CSWDO)

Barangay profiles
• •

11

Findings
Livelihood
• •

  Profile of Women (please refer to Table 6)
Women from Bgy. West Bajac-bajac (WBB) are mostly fish and fruit vendors. Most of those who rent accommodations in the community are migrants and those who work in bars and videoke bars. Women from Bgy. Gordon heights are members of the informal sector, working as laundry women, cooks, domestic helpers and vendors, while some work at the Subic Bay Metropolitan Authority (SBMA), the operating and implementing arm of the government to develop the former US Naval facility on Subic Bay. Others are unemployed and stay-at-home mothers. Majority of the women reached high school. Few graduated from college. Women from Bgy. WBB have a minimum of four children and a maximum of seven children. Women from Gordon heights have four to eight children.

• • • •

Educational attainment Family sizes

Statistics on VAWC and trafficking cases were gathered from Bgys. Gordon Heights and West Bajacbajac, PNP, CIDG, CSWDO and PREDA (please refer to Table 2).

  VAWC and Trafficking Statistics

VAWC
• Woman battering was the most common VAWC-related complaint brought to the barangay’s attention. Other complaints were economic abuse (abandonment and lack of financial support for the family), verbal abuse (insults, cursing), psychological abuse (distress caused by the man’s womanizing), and child abuse (please refer to Tables 7-8). There were 68 VAWC cases in Bgy. Gordon heights reported to the DILG from January 2005November 2009, roughly 13 cases per year. There were 68 barangay protection orders (BPOs) issued, meaning a BPO was issued for every complaint recorded for that time period. Bgy. Gordon heights has a system for listing BPOs, and including those issued from 2004 to January 4, 2010, there were 71 BPOs issued. Each complaint is assigned a blotter number and page number to facilitate traceability. A total of six BPOs were issued in Bgy. WBB from Sept. 2006-Sept. 2009, but a scan of their logbook found 16 VAWC cases, so not all of the cases were issued BPOs.

• • • •

12 Surviving Violence and Trafficking

Trafficking
• • Bgy. Gordon Heights had no record of trafficking cases. Bgy. WBB had one trafficking case in 2005 of which there is a police report, while another case in 2007 is recorded in the barangay logbook. The barangay also recorded a trafficking case wherein the victims were not from the barangay but were seen at a bus terminal located in the barangay. The Research Team observed that the Bgy. WBB tanods (watchmen) made a lot of arrests of streetwalkers, referred to as “pick-up girls,” at Triangle Park. Other trafficking cases were found in the records of the following sources: • PREDA Foundation – 13 cases (2006-2008) • CSWDO report – 25 cases (2005-2008) From 2004-2009, a decision was reached on only one VAWC case. Sixty-five cases were dismissed and 81 archived. There were only three trafficking cases filed in court and their statuses are pending.

• •

Cases filed in Family Court
• •

VAWC and trafficking are happening in the communities, as can be seen from the data gathered from official records and from PREDA, an NGO. But the higher number of cases cited by key informants and FGD participants indicated that the reported cases did not reflect the true extent of VAWC and trafficking. The reporting of trafficking cases was especially minimal. There seems to be a problem in reporting such cases. Only six KIs and two FGD participants had knowledge of trafficking cases. While the issue of trafficking is very real, it is underexposed (please refer to Table 13). Complaints are recorded in the logbooks, but there is no standard intake form for VAWC cases at the barangay level. Some cases were illegibly written and vital information could not be read. There is no consolidated prevalence statistics on VAWC and trafficking cases from 2003-2009. What the Research Team obtained were separate reports from the two barangays, the police, social services, Family Court and PREDA.

  Filing Complaints

Problems in reporting trafficking cases
• • • • The victims often do not know the identity of their recruiters (please refer to Table 12), so it is difficult for them to file a case. There is also some difficulty in catching a pimp and getting evidence, so the violation can only be classified as vagrancy and not trafficking. When the minors refuse to admit that they were trafficked, the case becomes a prostitution case and not trafficking. The traffickers know how to disguise themselves and they have connections with people in government.

It took almost three years for the first VAWC case to reach a decision. It was filed on November 10, 2005, had its pre-trial three months later on May 3, 2006, after which it took another five months to have its initial trial on Oct. 13, 2006. The case reached a decision on April 23, 2009. Another VAWC 13

  Filing Cases in Court

Stories of Women and Youth of Olongapo City

survivor’s case was filed more than two years ago and has only had one hearing. Another VAWC case also filed two years ago has yet to have a hearing. Eighty-one VAWC cases were archived, meaning the cases have been put on hold or stored away while the court waits for the accused to be arrested. The cases have not been dismissed, but no arraignment or trial can be scheduled until such time. After the case has been archived and remains inactive for a number of years, it is terminated. The case is considered closed and in effect, the perpetrator has gotten away with his crime. There were only three trafficking cases filed in court and their statuses are pending. This confirms the feedback from key informants that there is some difficulty in filing trafficking cases. The slow process in resolving cases is due to the fact that there is no regular judge at Family Court, so the hearing is scheduled only three times a week (Mondays, Wednesdays and Fridays), and there is also a lack of prosecutors. Prosecutors are available only on Mondays and Fridays. ThE MOST COMMON VAWC-related complaint that the barangays and service agencies received was woman battering. But despite knowing that the problem exists, and despite their own willingness to help the women pursue justice, service providers have been stymied by several factors:

  Service Providers and VAWC The

Non-cooperation from victims
Four KIs have each experienced helping a woman file a police complaint against her abuser only to have her retract it later. In one case, a woman was rescued by the police after her relatives asked the help of a famous TV crime reporter, and yet the woman would not file a case. In another one, the perpetrator was a drug user and owned a gun. The authorities were able to confiscate the gun, the man went into rehab, and now the woman is living with him again. In one unusual instance, a drunken and physically handicapped woman did not want the perpetrator arrested. So both of them were arrested for obstruction of justice. Four KIs considered retraction as one of the most difficult cases to handle, especially when the physical abuse is so evident (please refer to Tables 7-9). They mentioned two cases of grave physical injuries, one of which involved a woman who had been badly beaten around the head. And yet despite being given enough information about the law, the victim still refused to file a case. KIs have said that even after assisting the victim secure a BPO, or file a police complaint, or even when a case is already in court, they will later learn that the woman has withdrawn the case. Sometimes, the KIs find it difficult to witness women giving in to their powerlessness, and the perpetrators exercising their complete power over the women.

Reasons for non-cooperation
There are many reasons why an abused woman will not pursue her case. Some of those mentioned by the KIs were: • fear • economic dependence on the perpetrator • insecurities • lack of relatives and friends who can assist her • the power of the perpetrators and traffickers, because of their: — ties to the military or police — access to weapons — money connections 14 Surviving Violence and Trafficking

Perpetrators in hiding
Another difficulty faced by service providers is when the perpetrator goes into hiding, or has no fixed address, actively evading the serving of barangay summons or court papers. And yet some of them still manage to harass or threaten their victims.

Service providers also at risk
The key informants said that a case becomes doubly difficult when the abuser or trafficker is a member of the military or police, as it also puts their lives as service providers at risk. Two KIs said they have received threats from perpetrators. Part of the purpose of the research was to find out how well the barangays understood the AntiVAWC and Anti-Trafficking Acts. From here would emanate how effectively they implemented these laws. Key informants were asked to describe their respective barangay’s processes in handling VAWC cases, the agencies to which they referred victim-survivors for additional assistance if needed, how cases are followed up, and if they have already set up an anti-VAWC desk. They were also asked to enumerate what they considered as indicators that a case has been resolved or closed. NGOs were asked to provide the same information.

  Barangays’ Handling of VAWC Cases

Processing complaints
It was observed that barangay officials knew the basic processes involved in handling VAWC cases. They blottered the complaints, investigated them, explained the law and advised the women, issued BPOs when the complainants applied for them, and referred them to agencies that could assist them.

Referring cases
For additional assistance, barangay officials referred the victim-survivors mainly to the DSWD. But there are also other agencies that can assist them: the WCPD (Women and Children Protection Desk) of the PNP, James Gordon hospital, BUKLOD and Consuelo Foundation. The business community was also approached to give women jobs. However, there were instances when barangay officials encouraged the settling of cases. These agreements, called “kasunduan,” were signed by the parties involved and were recorded in the logbooks.

Following up cases
At Bgy. WBB, the Barangay Peace and Safety Officer (BPSO) followed up cases through home visits, or the purok (barrio) leaders did the follow-up and reported to the barangay. At Bgy. Gordon heights, the purok leaders did the follow-up and submitted the follow-up notice to the barangay to inform them that the beatings had stopped. There is no clear guideline as to whether following up cases is mandatory. It was also not clear whether this was the task of the BPSO or the purok leaders.

Stories of Women and Youth of Olongapo City

15

Setting up anti-VAWC desks
Section 47(f) of R.A. 9262 stipulated that a barangay should have an anti-VAWC desk officer who shall coordinate a one-stop help desk, and that as much as possible, this help desk should be open 24 hours. But at the time of the research, no anti-VAWC desks had been set up yet in the two barangays. Handling of VAWC cases were an add-on responsibility of barangay officials. In Bgy. WBB, there was some confusion as to whose responsibility this should be. Three KIs said they have a women’s desk that takes care of VAWC cases, while one KI said it is the task of the BPSO and the Lupon (Lupong Tagapamayapa, peace committee), and another said it is the Barangay Human Rights Action Officer’s (BhRAO).

When a case is considered closed
According to the barangay officials, a case is considered closed or resolved if any of the following conditions are present: • • • • • • • if the couple has agreed to settle amicably and sign a kasunduan when the children are rescued and are in the custody of the DSWD when the complainant reports that their problem is already resolved when the barangay captain decides that the case is closed City-level officials and NGOs considered a case resolved: when it has been dismissed when the decision is released and promulgated by the Family Court when the victim forgives the husband and they have reconciled Only one key informant said that conviction was the indicator of success.

16 Surviving Violence and Trafficking

Factors that Enable the Effective Implementation of R.A.s 9262 and 9208
(please refer to Table 11) According to Sylvia h. Guerrero and Luis M. Pedroso in their Handbook for Monitoring Intervention Programs to Stop Gender Violence (2002), the factors that enable their implementation are resources devoted to the attainment of objectives as well as support provided by government and other sectors, such as funds, personnel, facilities, equipment and supplies. It also includes such factors as laws, regulations and requirements that facilitate programs. Their definition facilitated the categorization of responses given by the key informants. The key informants cited five factors that enabled their implementation and some of the concrete steps the barangays have taken to implement the laws. 1. 2. 3. 4. 5. • • • • •

  major enabling factors cited by KIs Five

Policy mandate LGU/government support in terms of human and material resources Coordination and networking between and among various stakeholders Setting up of systems and mechanisms GO and NGO programs to address VAWC The use of standard forms for the application of Barangay Protection Order (BPO) and Temporary Protection Order (TPO) to facilitate the process CIDG has a Sunday school for 3-to-15-year-olds who are out of school Separate blotter book for VAWC cases Passage of a resolution formally activating all human rights action centers A human rights team well-versed in the laws, such as what the NGOs have, who conduct their own in-service training

  Steps that have helped KIs implement R.A.s 9262 and 9208

There were only six KIs and two FGD participants who had knowledge about trafficking happening in their communities. But all the KIs and FGD participants had a hand in coming up with the following recommendations on how barangays/LGUs can address the issue: • Make a listing of entertainment establishments and monitor the women who work in bars. If the bars are caught hiring minors, the local authorities will process a case against the owners. • Adopt/implement curfew in the barangays to limit the movement of minors. • Implement the laws passed by the city and the national government. • Inspect/monitor Triangle Park where most of the streetwalkers congregate. • Give lectures to the women who are arrested for violating the law before they are released.

  Steps to address trafficking

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Factors that Constrain the Effective Implementation of R.A.s 9262 and 9208
(please refer to Table 12)
WhILE ThERE ARE many enabling factors, there are also many constraints to the effective implementation of the laws. These constraints can be classified into structural, political and sociocultural constraints. Three major problems that delay the implementation of R.A.s 9262 and 9208 are those that are related to: a) the prosecution service; b) social services; and c) law enforcement.

  Structural constraints

Prosecution service
There is no regular Family Court judge, so the hearing is scheduled only three times a week (Mondays, Wednesdays and Fridays) and there is also the lack of prosecutors. Prosecutors are only available Mondays and Fridays.

Social services
The DSWD’s priority is to return minors to their families. According to KIs, the families usually convince the minors to withdraw the case and accept settlements, or when the minors are released by DSWD, they do not appear in court hearings so cases are dismissed.

Law enforcement
According to a KI, bar owners who are caught using minors are able to reopen a few days after a raid or they simply change the name of the bar and secure a new business permit. This reinforces the perception that bar owners have connections in the city government. Another key informant claims that some police officers receive protection money from the establishments, thus directly perpetuating prostitution.

Political constraints
KIs saw two constraints that were political in nature. One is our political system which changes the leadership down to the barangay level when there is a change in administration. This affects the continuity of programs and the people who are trained to handle VAWC cases. The other constraint is the difficulty of working with politicians who do not welcome proposals and initiatives from outside groups, more especially from those who are not of their political party.

Socio-cultural constraints
One of the obstacles cited by service providers and NGOs is the non-cooperation of victim-survivors. Women repeatedly get beaten, but they do not file cases, or if they do, they withdraw them for the sake of the children. NGOs and service providers feel there is nothing more they can do when victims refuse to cooperate despite their inputs and advice.

18 Surviving Violence and Trafficking

The major cause of victim-survivors’ hesitation or difficulty in reporting the crime is their economic dependence on their husbands. But other causes are more sociocultural, such as women’s beliefs regarding marriage and relationships and that it is a woman’s responsibility to maintain harmony in the family. Many women are confined to the home, which contributes to their lack of exposure and knowledge about the laws that can protect them from violence. Religion has a great influence on how women react to violence, often making them passive and submissive. A Filipino woman endures the battering and forgives her batterer instead of exercising her rights. Other beliefs that delay the implementation of laws are the parents’ perception that they own their children, so they can do anything they want with them, and bar owners’ perception of women as mere attractions for their business. • • •

  Problems related to trafficking

There is no clear process on how to deal with trafficking. Advocacies and campaigns against trafficking do not receive the same kind of support as campaigns against VAWC because the issue is not as exposed. Victims do not file cases for fear of retaliation from crime syndicates.

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The Survivors
• • • •

ThE RESEARCh TEAM interviewed five VAWC survivors and five trafficking survivors.

  Profiles of the women (please refer to Table 14)

Four of the survivors are in the 20-30 age bracket while the oldest survivor is in the 60-70 age bracket. Five reached high school and three were able to graduate. Three reached college, and one was able to graduate. Two had only elementary education. Five are originally from Luzon, three from the Visayas, and two from Mindanao. At present, all are residents of Olongapo City. Nine of the survivors have children. Six worked in local bars as waitresses, three were overseas Filipino workers (OFWs) who worked as dancers and/or entertainers or bar girls. One was previously an accounting clerk, and the others are laundry women, vendors, domestic helpers and cleaners. At present, two are still working as bar girls in the local bars, one is a hospital utility person, one is a house caretaker and at the same time a barangay rescuer, and others do odd jobs like cleaning, vending or washing clothes. Two are unemployed. One works as a streetwalker. In the FGDs, some participants spoke of battered women in their communities. They knew of VAWC cases being heard/handled by Lupon members, being referred to the DSWD and PNP, VAWC victims being treated in the barangay, and VAWC cases filed in court.

  Profiles of the VAWC perpetrators and traffickers
(please refer to Table 15)
The profile of the perpetrators and traffickers were culled from the survivors. Three of the VAWC perpetrators were husbands of the survivors, while two were live-in partners. Most of the traffickers had no relation to their victims.

  Nature of violence
Physical abuse
• All five VAWC survivors experienced physical violence which included beating, choking, punching, being hit with objects, having their arms twisted, and being threatened with a knife. Three survivors said they were not given enough money for their families’ sustenance. One had to make do on an insufficient allotment to support six children. The survivors suffered psychological abuse because of their husbands/male partners’ womanizing. One survivor had nightmares thinking about her husband living with another woman abroad. Some of the women were stalked by their ex-husbands or partners and they feared they would be attacked at any time.

Economic abuse

Psychological abuse
• •

20 Surviving Violence and Trafficking

Three of the survivors were battered since their children were small. One of them is still being battered, but this has lessened since she learned about her rights under R.A. 9262. Physical violence for two survivors has stopped because of R.A. 9262 but now they are being stalked. Two battering survivors who filed cases in court two years ago also experience psychological violence because of their ex-husbands/ex-partners’ stalking. In the trafficking cases, the longest time a survivor was trapped in a sex den was two years, while the shortest was one week, before they were able to escape their sexual slavery.

  Duration and frequency of violence

All five VAW survivors reported the violence to the police or to the barangay but only two of them filed cases. One of them experienced battering before the passage of R.A. 9262. She left her husband for two years when she could no longer endure the battering. One survivor did not know about R.A. 9262 earlier but would fight back when her husband hurt her and reported the violence to the barangay, but nothing happened. She is from Mindanao and has no relatives who could help her, while her in-laws are not sympathetic to her situation and were able to persuade the barangay to let them handle the issue between the couple. One of the cases filed two years ago has yet to have a hearing, while the other case has had an initial hearing, but the second hearing was postponed because the lawyers didn’t show up in court. None of the trafficking survivors filed cases. For VAWC survivors, three are being helped by BUKLOD. The others get support from daughters, neighbor, social worker and fiscal. For trafficking survivors, all of them have BUKLOD as their support group. One survivor was helped by a police officer, as well as getting support from her grandmother and aunt in addition to BUKLOD. Three of the survivors are still being harassed by their former husbands or partners. Two of them hope that their cases will be resolved soon so they can live in peace, while the third would like to reopen her case so that the harassment will stop. One survivor hopes to get a visa so she can work abroad and gain back her self-esteem. Another survivor suggested increasing the bail for anti-VAWC violators to make it more difficult for them to be released. One trafficking survivor hopes to finish her studies and get a stable job, or find someone who will marry her, or that one of her children can get a stable job. Another survivor is concerned that some bar women bring their children to work. This exposes them to the bar culture at an early age, and are unconsciously being groomed to be the next generation of bar girls.

  Reaction of VAWC and Trafficking Survivors and Status of their Cases (refer to Table 17)

  Support System of VAWC Survivors

  Present Concerns of VAWC Survivors

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Survivors’ Stories
Note: All names are fictitious.

  VAWC
Agnes
Agnes is 62 years old and was originally from Surigao. She has seven children but one child passed away. She is familiar with bars as she used to work as a food server in a bar in Cebu when she was still studying. She studied during the day and worked in the bar from 7-10 p.m., managing to earn enough to support herself as well as send money back to her family in Surigao. She met her husband in Cebu. he was originally from Nueva Ecija and he brought her there after they got married, after which they transferred to Olongapo. That was the start of her difficult life. She had no money, the children were getting sick and her husband was a womanizer and violent. He would batter and choke her. She had contusions all over her body, including her breasts, and lumps on her head. She has lost almost all of her teeth from the battering, and she has goiter, which she thinks is one of the effects of the battering. In addition to the physical abuse, her husband didn’t give her money for the family’s sustenance. She shared her problem with a teacher, but the latter simply advised her to “keep the communication line open.” There was no R.A. 9262 at the time. Her father told her to accept what was happening in her marriage and obey the wishes of her husband. her religion had taught her that once you have committed yourself in marriage you have to stick to it through all its ups and downs. There was no provision in the marital contract that you can get out of a marriage if you are not happy with it. But she believed deep in her heart that her husband had no right to beat her and she looked for solutions to her predicament. She attended different kinds of training until she met the women from BUKLOD and she was enlightened about her rights. One day her husband left her for another woman and disappeared for five years. By then, they already had seven children, with the youngest only three months old. She asked around for work and fortunately, the godfather of her youngest child was able to get her a job as a waitress in the bar where he also worked. The work started at 6 in the evening. At first, she felt awkward about entertaining customers but she learned to do it for the sake of her children. She became friends with one foreign customer and she shared with him the story of her violent marriage and why she decided to work in the bar. They became close and a relationship developed which lasted for more than a year. When he proposed marriage, she told him that she would ask her children first, but they rejected the idea of having their father replaced by a foreigner. Agnes also had doubts about the marriage proposal. She felt her responsibility to her children was greater than her own happiness. She separated from the man and stopped working in the bar. She went back to doing odd jobs like washing and ironing clothes and vending until she found regular employment as a hospital utility person. In 1990, her husband came back. He approached the children first, going to their school to ask them to tell their mother that he wanted to come back. Despite his violent streak, his children had good memories of their father when they were little. he used to carry them around and play with

22 Surviving Violence and Trafficking

them. Agnes could not refuse his request because she knew that they were still married and she also pitied her children who had been longing for their father. But the violence resumed. It was the verbal abuse that affected her more this time. he called her good for nothing and dependent on him, forgetting that when he had abandoned them, she was the one who had kept the family going. When she could no longer endure the violence, she left home for two years. But when she learned that nobody was caring for the children, she decided to endure the abuse for their sake and came back. This time, she felt better equipped to deal with the violence. She asked the help of the barangay twice when she was beaten. She secured a medico-legal certificate and her husband was jailed for three days. She told him to leave the house but until now he still lives there because he’s already 66 years old and has nowhere to go, no woman would take him anymore. Agnes goes to BUKLOD every time she feels the need for support. At least she has a safe house she can run to. She feels that her knowledge of R.A. 9262 is protecting her from being battered again.

Marta
Marta is 31 years old and was originally from Samar. She works in a bar to support her two children, her mother and two siblings. She experienced violence from her two live-in partners. Her first partner was an extremely jealous man who suspected her of having an affair. Even when she was pregnant with their first child, he continued to mistrust her. he was violent during her pregnancy and even when she had just given birth. his jealousy made her decide to end their relationship. She thought she would have a better life with her second partner, but she experienced worse violence. he also battered her when she was pregnant. he would punch her and hit her with anything he could grab. he would manhandle her and thrash her. One day he arrived home drunk while she was nursing their baby and began punching her. For fear that he would hit their daughter, she threw her on the bed. Fortunately, there were a lot of pillows and the baby was unhurt. She left her partner after he went to sleep and stayed with her mother. But the next day, he followed her and threatened to kill the baby if she did not return to their house. She suffered a worse beating a month after she gave birth to their second child. BUKLOD assisted her in securing a medico-legal certificate and a BPO and in filing a case. The BPO saved her from further physical violence, but then he began stalking her. he threatened to kill her if he ever saw her with another man. Alternately, he would plead with her to withdraw the case for the sake of their child, and one day she did. She said she would do it but she would not live with him anymore. he then asked her to visit him so he could see their child. At first she agreed but when he started forcing himself on her, she rarely visits him anymore. he threatens to go to the bar and make a scene if she does not visit him. he forces her into the tricycle he is riding if he sees her walking outside the bar. She wants to reopen her case to stop him from making her life difficult. Unfortunately, she has no time to go to the police station. She goes to the bar at 7 in the evening (so she can get some sleep before working) and leaves at 4 in the morning, doing the marketing on her way home. She gets even less sleep if her children have school activities she has to attend. She is physically separated from her partner but the violence continues.

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Elena
Elena is 42 years old and was originally from Misamis. She is an accounting graduate and used to be employed. She has been married for 15 years and has six children. The eldest is 14 years old and the youngest is four. her husband was a drug addict who spent more time with his friends and used his meager income on his vices, depriving his own family. He was also a womanizer. She experienced physical, emotional and psychological abuse at his hands. During one quarrel, he confiscated her cell phone so she couldn’t call anyone for help. he would push and punch her, but ironically Elena described this as “slight” physical abuse. He even bit her once for texting his employer and asking about him. When her husband left to work as an overseas contract worker in the United Arab Emirates (UAE), she thought she would be free from the violence, but she felt that her situation had actually worsened. She felt imprisoned in her own house. She and the children lived in the same compound where her in-laws resided, and she felt spied upon. She felt inhibited from going out with her friends or dressing the way she wanted because her in-laws had their eyes on her. She also had difficulty in managing the 20,000 pesos monthly remittance her husband sent. They had six children but she was expected to have some savings from it. The suspicions of her in-laws, the difficulty of managing a limited allotment, and the demands of raising six children by herself were made heavier when the husband sent a cell phone to one of the children with a picture of a woman on the screen. She called him up to confront him about the woman. he denied he was having an affair. But during one of his calls home, she heard the voice of a woman in the background. When she asked him who it was, the cell phone went dead. She felt drained by the psychological abuse. She began to have nightmares. She became shorttempered, affecting her relationship with her children. She sees the violence turning her into a person that she does not want to be. She hopes to save some money to pay for a visa so she can work abroad, but she also fears how this would affect her children, especially the youngest who is only four years old. She wishes she had known about R.A. 9262 earlier. She once applied for a BPO and attempted to file a case with the help of BUKLOD but her in-laws knew some of the barangay officials and were able to convince them that they could help resolve the couple’s problems. Elena fears for other women, especially poorer women. If violence can happen to a college graduate like her, she could not imagine how women of lower education would be able to save themselves from the violence they experience daily. She hopes more women will be exposed to more seminars so they will know their rights and exercise those rights.

Carmen
Carmen is 69 years old. She was originally from Tacloban but has been a resident of Olongapo since 1968. She has three daughters. She married a drunkard and a womanizer, who started battering her when their eldest was still a child. She always seemed to have a black eye. The worst battering she experienced was when she was pregnant with their second child. From the fourth month to her ninth month, she was subjected to numerous incidences of battering. As a consequence, the child was dead when it came out, with signs of having been crushed in the womb. The last battering happened on May 18, 2007. The husband came home to punish her because she had had the “temerity” to confront his mistress. He tried to attack her with a pipe. Fortunately, she was able to run outside the house before he could hit her and went to the barangay for help. But the 24 Surviving Violence and Trafficking

barangay sided with her husband and she was humiliated. She went to the DSWD, which advised her to report it to the police. At the station, she was asked to make a statement and she was also advised to secure a BPO from the barangay captain. her husband was given a copy of her statement and he responded with the help of the Public Attorney’s Office (PAO). She was assisted by the police to go to the judge. She was again asked to make a statement for the preliminary hearing but until now there has been no hearing. The battering has stopped with the issuance of the BPO, but her fear remains, because the husband lives in the same compound as she does. Carmen believes he can attack her at anytime since she has no son to protect her. She prays that the Family Court will act speedily on her case so that she and her daughters can live in safety.

Rosario

Rosario is 35 years old and was originally from Dumaguete City. Two years ago, a recruiter from an agency came to their place and offered work for girls. She was told she would be a domestic helper but when she arrived in Olongapo she landed as a bar waitress. She was only there for a few months because she didn’t like the work. The manager could not force her to continue since she didn’t owe him money. She later found a partner. She worked as the caretaker of a house to support herself and her partner. It was with her second partner that she experienced battering. They had been living together for more than a year but she didn’t want to have a child with him while he was jobless. She also felt that he didn’t respect her. he treated his friends better than he did her even though she was the one supporting him. She bought him a motorcycle and helped him get a driver’s permit so he could earn a living. Still, he continued to disrespect her and one day she got fed up and confiscated his license. He got so mad he almost killed her. She fought back but he was stronger. he sat on her back and twisted her arms and threatened her with a knife. She was able to break free and run to the barangay. A tanod accompanied her to the police station. They secured a medico-legal certificate and she was advised to go to the CSWDO. A case was filed. It’s been almost two years since that filing. Last November, she felt as if she was being watched as she walked the street. She later learned that her ex-partner’s sister had paid for his 500-peso bail. She had not been informed by the court or by the CSWDO of his release. She got a photocopy of the release order and went to the Public Attorney’s Office (PAO) to ask about it, but she was not able to see her attorney. he was too busy attending hearings. Although now fearing for her safety and always on the alert, she is determined to fight her ex-partner. That was the worst thing she had ever experienced with him. Before, his abuse had been mostly verbal. The incident happened two years ago but there are still black marks on her arms and torso. he was able to evade the tanod when the barangay tried to summon him. he kept himself out of sight, but when Rosario was out of the house, she could hear his insults and curses. She reported this to the barangay and she was advised to file a case. She filed the case in May 2008 and the man went into hiding in June. But he was caught and arrested on Sept. 16, 2009. The first hearing was held on Nov. 23, 2009 and the second hearing was scheduled for Feb. 1, 2010, but this was postponed because their lawyers didn’t appear. The survivor continues to be harassed. She lives in fear and has no relatives to support her. Despite the court case, the perpetrator is free and stalking her. She prays that her case will be resolved soon before the perpetrator attacks her again. This is a very concrete case of how delay in the legal process can put someone’s life at risk.
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  Trafficking
Emma
Emma is a 21-year-old native of Olongapo City. her parents left her with her grandmother when she was nine years old and never came back. She fended for herself by begging in the streets. Later, she became a “rugby” girl, someone who gets high from sniffing the solvent. She was rescued and put in a center managed by the DSWD. She was released from the center when she was 18 years old because she was no longer a minor. She went to work in a bar and at 20 she got pregnant. She became a streetwalker to support herself and her baby. The baby is now one year old and Emma has only BUKLOD to support her. her mother passed away in 2008 and her father is in prison for murder. She hopes to visit him when she has extra money. She joined the adult literacy classes of BUKLOD and hopes to graduate from college. She dreams that one day she can work abroad and have a better life. But for now, she endures the life of a streetwalker, where she is constantly harassed by the police who want a share of her hard-earned income.

Divina
Divina is a 28-year-old Amerasian who was born and raised in Olongapo City. She was 19 years old when the neighbor she was working for as a domestic helper and nanny offered her a job in Japan. At the time she was in second year college and studying to be a computer technician, but she had no second thoughts about accepting the job offer. She thought this was a better and faster way to help her family. Things happened quickly after that. She signed a contract and was made to learn 20 different dances because she was supposed to be a cultural dancer. But when she arrived in Japan, she found out that she was meant to dance topless. She called up her parents, but they did not know what to do. All she could do was cry. her co-workers tried to console her, but their ultimate advice was for her to do what was written in her contract. She realized she had not been meticulous in reading it because everything had happened in a rush. She felt helpless, but her desire to help her family made her endure the abuse she experienced there. There were customers who sexually abused her. She also had problems with co-workers who resented losing some of their customers to her. Despite the trauma of her first trip, Divina went to Japan two more times. On her first trip, she had traveled only with the manager. On the second trip, she was with four other girls, and the last time she went, she applied on her own through the Philippine Overseas Employment Administration (POEA), because the manager did not get a contract anymore. Each time she went to Japan, she worked there for six months. The bar fine was shared 50-50 with the manager. In addition to a regular salary, the dancers got tips for their performances and commissions from the drinks consumed, as well as food allowance and free accommodations. On her first stint, she shared a house with three girls and one male. The second time, there were 24 of them, all Filipinos. She didn’t file a case against her manager because she knew that a legal process would take a long time and would eat up her money. She also felt she had no case because she had willingly signed the contract, although now it was clear to her that she had been tricked into doing topless dancing. Working in Japan required a lot of guts. One needed to be open and willing to do whatever the customers wanted. The work was also risky, especially if the customer was a member of the Yakuza, the organized crime syndicate. If the dancers felt it was too dangerous to go out with a customer, they

26 Surviving Violence and Trafficking

made excuses. They feigned illness or put iodine on their sanitary pads to fake menstruation. Their work involved a lot of health risks. They had a 15-year-old co-worker who contracted a sexuallytransmitted disease (STD). They believed she got it from having multiple partners. She got sick three months after she arrived and was sent home. Trafficking in women is big money. Divina paid her manager 30,000 pesos the first time she went to Japan. And despite the hardships and risk and her distaste for the job, it was financially rewarding. From the tips alone, she earned the equivalent of 65,000 pesos, more than 10 times the minimum monthly wage in 2002 when she was first trafficked. The dancers performed four times a night and each time got tips. They were supposed to give half to the manager, but they managed to keep some back by hiding the money in their boots. But even after three trips to Japan, Divina has no savings. She was able to build a house for her parents and provide for their needs while she was working, but the house was demolished because they didn’t own the land. Now she has a three-year-old child and sustains her family by doing odd jobs like cleaning and vending. She thinks of working in Japan again, but won’t leave while the child is too young, and by the time it is big enough to leave with her mother or sister, Divina might be too old to work in Japan. But with BUKLOD’s assistance, she hopes to finish her studies and get a stable job someday.

Merle
Merle is 27 years old with two children. She had been a working student, going to school by day and working in a restaurant by night when she was approached by a recruiter with an irrestible offer. She had been earning 100-200 pesos a day at the restaurant. The recruiter promised her a nightly income of 3,000-4,000 pesos. This happened 10 years ago when she was 17 years old. She was brought to a house in Cavite. It was a big house with 30 rooms, with two girls occupying each room. In the evening, they were brought to Candy’s Bar on Roxas Boulevard in Pasay City, Metro Manila. It was not an open bar. There were cubicles inside and it catered to Japanese customers. The women got free board and lodging but received no salary. Merle cried when she discovered the nature of her work and wanted to go home, but she was not allowed to leave. She was closely watched, and when she tried to contact an aunt, she got caught and her cell phone was confiscated. The house was like a detention center, with grills on the windows and a padlock on the door. One week after she arrived, she became sick and was excused from working. She was left alone in the house while the rest went to the club. Looking out the back window, she noticed a group of teenagers playing basketball. She threw them a note asking them to help her escape. In the evening, after everyone had gone to the club, the boys came and cut the grills and helped her get out. They gave her 20 pesos for fare and instructed her to ask for the address of a bus terminal in the city. While riding a jeepney, a fellow passenger noticed that she was crying and asked her what the matter was. Merle related her story. he accompanied her to the bus station and bought her a ticket for Olongapo. She went back to work in her former restaurant. A few days later, the recruiter came and confronted her. Fortunately, the owner of the restaurant knew her story and sympathized with her. he warned the recruiter not to come back. But last December 2009, she saw the same recruiter along Magsaysay Boulevard recruiting young women again. Merle now has a family of her own and is being supported by her husband who works regularly. She said it is very tempting to work in bars in Olongapo because there are so many of them and they 27

Stories of Women and Youth of Olongapo City

are always in need of young girls. The managers know how to fake the ages of minors and have police connections who help them when they get raided. They simply pay them off and they are open again. But the women in the bars are the ones at risk because if they are caught three times without the proper documents, they can be imprisoned without bail. She also observed that some bar women bring their children with them, so the children are exposed at an early age to life in the bars. They become familiar with it and learn to accept it as a normal and acceptable way to make a living. Indirectly, these children become the next generation of bar workers, and true enough, once they reach 18 years old, many of them apply to work there.

Susana
Susana is a 26-year-old single mother with a seven-year old son. She started working abroad as a bar girl in 2006. Before that she had been working in local bars. She and her fellow recruits were promised much bigger pay than what they were getting at the local bars plus free board and lodging. But when they arrived in hong Kong, they found out that not only did they have to repay their travel expenses, they had to spend for their own board and lodging. They learned to hide some of the tickets they got from the drinks offered to them so they could have money to buy food with. They felt they were being overcharged on food and rent. Even the price of their plane tickets got tripled. At the end of their first month, they barely had enough money left after the cost of their plane tickets, and their board and lodging had been deducted by the managers. The managers were a Filipino couple residing in hong Kong. They had a big, luxurious house in Las Piñas, Metro Manila. The trafficked women saw the managers living the good life at their expense. Learning from her first experience, Susana now goes abroad on her own. She has been to Hong Kong five times, and also to Singapore and Macau. It’s risky work. Bar girls are closely monitored by club managers for fear that they will disappear without paying their debts and there’s always the danger of being deported or barred from entering the country. Tourists are only allowed to stay in hong Kong for two weeks. Before the two weeks expire, a bar girl exits to China and then returns to hong Kong and she needs to have a plausible reason when she’s asked by Immigration why she’s coming back. Some of Susana’s friends have been deported because they didn’t have good answers. They were brought straight to a plane leaving for the Philippines (they called this “A-A,” airport to airport), and all their things were left behind in their condominiums. Susana had a better experience in Singapore compared to hong Kong. her manager was a Filipina married to the Chinese bar owner. There were 20 of them living in a condominium. They were allowed to stay for one month in Singapore and renew it for another month. But if one got caught working while on a tourist visa, he or she would be banned for life from entering Singapore again. Deportees were imprisoned for 24 hours and given two to three days to pack their things. One’s health was also at risk. Susana once had a Korean customer whose genitals had been enlarged with silicon to the size of a drinking glass. She was lucky not to suffer lacerations. Other customers made abnormal requests. One enjoyed watching her use a vibrator to reach orgasm. At least she knew how to negotiate with customers to make them use a condom and she would back out of any transaction if a customer refused to wear one.

28 Surviving Violence and Trafficking

She wishes that someone would marry her. She has been working for almost four years but she has no savings. Aside from her seven-year-old son, she also supports her mother, an aunt, and a sister with a child whose father abandoned them. She doesn’t think she has a chance of getting a good job because she’s only a high school graduate and competition is stiff. Life for a bar girl, she says, is hard and risky, and after taking all those risks, the chance of having a better life remains uncertain. you’re selling your body and your soul but it does not buy you a better life. This, she sees, is the greatest violence done to bar girls like her.

Evelyn
Evelyn is 47 years old. She has four children. The eldest is 23 years old and the youngest is 13. She started working when she was nine, selling cigarettes, after her father abandoned her and her two siblings. When she was 14, she worked as a domestic helper. Her mother had a live-in partner, a drunkard who had his eye on Evelyn. The first times he attempted to molest her, her mother put a stop to them, but he tried so many times that her mother later began siding with him, which made Evelyn decide to leave home. But at the two places where she worked as a domestic helper, she had suffered rape attempts. Fortunately, she was able to escape from those houses. Then in 1979 when she was 19 years old, she went to work in Japan. She was supposed to receive $300, but her manager and promoter, both Filipinos, took off $100. Her first day on the job was traumatic. her employer told her that she was to dance naked. She refused because she had signed on to be a cultural dancer. her co-workers tried to tell her to do as she was told as she had already been paid. She didn’t want to, so she was locked in a room. She managed to escape by jumping from the third floor. It was the middle of the night and she didn’t know where to go. Luckily, a kind-hearted American military man saw her and asked her why she was crying. he brought her to his barracks and hid her there for a week until she could go to her promoter. She wanted to go home, but the promoter told her that what she could do was to get her reassigned to the U.S. Marines’ station. Evelyn agreed to do it because she knew that her family was counting on the money she could send them. She felt fortunate that her manager was very good to her. She treated Evelyn like a daughter and didn’t make her go back to the club where she would have been compelled to danced naked. She went back to Japan two more times, but like other Filipinas who have worked abroad, she was not able to save money. She spent the money as it came as she provided for her family and there was nobody to advise her on how to manage her earnings. She is now 47 years old and as hard-up as ever. Her youngest is in first year high school. An older child couldn’t continue on to college because they could not afford the tuition. Her eldest studied caregiving for six months but has yet to find work. Evelyn does odd jobs like washing clothes for her neighbors.

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The recommendations given by the key informants to improve the implementation of R.A.s 9262 and 9208 were categorized into two (please refer to Tables 18 and 19): a) recommendations from the LGU, service providers, law enforcers, NGOs and FGD participants; and b) recommendations from the VAW survivors Recommendations from the service providers, LGUs, advocates and from the survivors target the victim-survivors and the community in general. They do not have recommendations for the immediate family of the survivors nor for the perpetrators. The listing of recommendations are categorized according to the groups they are addressing for appropriate action.

  Recommendations

For barangays
• • • • • • • • • • To set up anti-VAWC desks staffed with well-trained people, preferably licensed social workers To use the standard intake and update card for each victim-survivor as suggested by the Philippine Commission on Women to facilitate consolidation of VAWC cases To improve the documentation, filing and turnover of VAWC files so as to improve the prevalence statistics of VAWC To discontinue the practice of amicable settlements and signing of kasunduan in handling VAWC cases To record cases labeled as “temporary custody/safekeeping” as VAWC cases To have the BhRAO included in the barangay budget To regularly monitor the barangay to identify new faces/entrants who might be recruiters/ traffickers looking for young women To have regular purok meetings and use them as a venue for information dissemination about the laws To financially support volunteers in the barangay, especially those assisting the victims, for such expenses as transportation, photocopying of documents, filing of cases, etc. To conduct monitoring at the barangay level and assess how they are implementing the laws

For LGUs a. Recommendations related to training:
• • • • • • • Conduct empowerment programs for survivors through education and training, legal literacy, self-defense, entrepreneurship, etc. Address women’s immediate post-trauma needs as well as the long-term goal of financial security and independence through livelihood programs. Conduct value formations/consciousness raising among women to discuss sociocultural beliefs that constrain women from reporting VAW and/or filing cases in court. Address the problem of conducting regular and continuous training for service providers. There is also a need to improve the quality of training. Draw up an effective follow-up program for victim-survivors. Use GAD allocations to conduct anti-VAWC campaigns and trainings in the barangays. Conduct seminars for both women and men so they know their rights and when these are violated.

30 Surviving Violence and Trafficking

• • • • • • • • • • • • • • • • • • • • • • • • • • •

Conduct training with service providers and law enforcers on how to deal with victimsurvivors. Conduct regular updating seminars for people handling VAWC cases. Conduct training by batches so that everybody can join the trainings. Study/assess Islamic practices and identify those that do not protect the rights of women. Conduct intensive training on trafficking to BHRAO. Conduct yearly training and seminar for the police. Conduct more gender sensitivity training (GST) for men and monitor to see if they practice what they learned. Give out brochures and pamphlets about the laws. Educate all women about the laws. Start with the parents of the day care centers, and provide resource persons. Organize symposiums for women in partnership with the DWSD. Continue orientations and seminars especially for mothers. Create programs for strengthening the family; participation in religious groups is seen as a way to improve values. Make people aware of trafficking. For the DSWD to fulfill its task of consolidating VAW reports from the barangays, law enforcement agencies and Family Courts To come up with a set of indicators to determine when VAW cases are closed/resolved To come up with consolidated statistics on VAW to get an accurate picture of the prevalence, magnitude and severity of VAW To address the need for additional prosecutors and full-time Family Court judges so as to quickly dispose of cases To assess the DSWD’s policy of returning minors to their families, which have led to the withdrawal/retraction of cases filed in courts For the PNP to take action on the feedbacks regarding police treatment of VAW victimsurvivors To address the harassment of streetwalkers by the police. There have been feedback that some police harass or molest the women, or even act as their pimps. To assess the ordinances, resolutions and executive orders whose objective is to protect women and children To assess the mechanisms that were set up to document, monitor and evaluate the different VAW programs and services To get more local women’s organizations to address VAW in the communities and work towards making it a community-wide issue To come up with a unified government strategy to address the various forms of violence against women and promote their effective prevention To assess ecotourism as an economic development strategy and its effects on women and children To increase the visibility of service providers To clearly define the qualifications needed for handling VAW, such as having initiative, the willingness to sacrifice, an openness to learning

b. Other recommendations for LGUs:

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• • • • • • • •

To designate a person to focus/handle VAWC cases To devise a victim-friendly system To match action to words. We have resolutions and ordinances on anti-prostitution, but we have barangay captains and city councilors who are owners of clubs/bars. To have follow-up mechanisms to know the status of the cases To provide employment for men Organize more women’s organizations to address VAW. Train women to become financially independent. Conduct more GSTs for men.

For NGOs

For communities Male Participation
• There is recognition that men’s violence against women will not end without male participation in efforts to prevent it. It is recommended that gender-conscious men have roles congruent with current women’s initiatives in the prevention of VAW, and to employ gender-sensitive men in counseling male perpetrators. Support Men Opposed to Violence Against Women Everywhere (MOVE) in its objective to involve men in addressing VAW in the communities. To educate young people on the dangers posed by risky sexual behavior and gender-based violence on their reproductive health To increase consciousness and involvement of the youth in addressing VAWC For women’s organizations in different parts of the country to network with each other For women’s organizations to link up with government agencies, or with the Women’s Council so they can be updated on laws, ordinances, resolutions and policies that women can use for their protection Get VAWC advocates into positions of decision-making by electing them to barangay, municipal, city and provincial councils. Pool their resources to break the trafficking syndicates and design a system or strategy to counteract traffickers. All stakeholders should cooperate in implementing the law.

Adolescents
• • • •

Women’s Involvement

VAW Advocates

For other stakeholders
• •

32 Surviving Violence and Trafficking

For the academe
• • • The school guidance office can be used to hear out possible VAWC and trafficking complaints. Involve the network of educational institutions and the organizations of private schools and colleges in the campaign against VAWC and trafficking. Schools can be used as a structure for information dissemination for the prevention of violence.

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Project Photos

Mayor James “Bong” Gordon with Project Manager Aida Santos-Maranan and other members of the Project Steering Committee during the signing of the MoU.

PSC Meeting

34 Surviving Violence and Trafficking

Alpha Allanigui, Assistant Project Manager facilitating an FGD session.

Validation Workshop

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Below is a summary of the findings and recommendations culled from the data from Olongapo City and Angeles City.

OVERALL FINDINGS AND RECOMMENDATIONS

Overall Findings
• •

  VAWC

• •

• • • • •

VAWC is happening in the communities as can be seen from the statistics gathered from the four barangays (Bgys. Gordon heights and West Bajac-bajac in Olongapo City and Bgys. Amsic and Malabanias in Angeles City), and from the reports of the PNP, CSWDO, NGOs and Family Courts. Woman battering is the most common VAWC-related complaint brought to the attention of the barangays. Other complaints are economic abuse (abandonment and lack of financial support for the family), verbal abuse (women are insulted, cursed), psychological abuse (women are troubled by the womanizing of their husbands/partners), sexual abuse (women are forced to give in to the sexual demands of their husbands/partners), and child abuse. Three of the 10 interviewed VAWC survivors were battered while pregnant. One was battered from her fourth month to her ninth month of pregnancy. The baby was dead when it was delivered. According to the Women’s Crisis Center (WCC), six out of 10 abused women are battered during pregnancy. The 2008 survey of the National Demographic and health Survey (NDhS) shows that four out of 100 pregnant women experience physical violence. Three of the five VAWC survivors from Olongapo said that the perpetrators were their husbands and two said they were live-in partners. In Angeles, all five perpetrators were live-in partners. This ties in with the NDhS survey which says that 54.7 percent of VAW perpetrators are the husbands or male partners, making the home an unsafe place for women and children. According to the NDhS survey, only 9.3 percent of battered women go to the police and 6.0 percent go to a social service organization. Of the 10 VAWC survivors interviewed, nine went to the police when they felt their lives were in danger. VAWC incidence in Olongapo using CSWDO data from 2005-2008 was 265 cases or an average of 66 cases per year. In Angeles, it was 83 cases from 2004-2009, an average of just 14 cases per year (CSWDO data). But key informants and FGD participants talked about cases that had never been reported. Asian scholars have said that “official statistics on the prevalence of woman battering are generally lacking; those available would only reflect the tip of the iceberg” (1), and that seems to be the case in the two cities. Women are repeatedly beaten, yet do not file cases in court or withdraw them later for the sake of the children. One wife urged the court to release her husband so the children wouldn’t lose their father. The non-cooperation of victims adds to the difficulty of helping the women. Service providers are also at risk when the perpetrators have ties to the police or military or have access to firearms. Two service providers have been personally threatened. Barangay officials know the mechanics of handling VAWC cases. But some actively encourage couples to amicably settle their cases. The barangays need to improve their documentation, filing and turnover of files to have more accurate reports on VAWC.

36 Surviving Violence and Trafficking

• • •

There is a lack coordination among the law enforcement agencies, the social services sector and women’s groups, resulting in victim-survivors’ poor access to resources that would have addressed, for example, the harassment of survivors by their husbands or partners. Most GO and NGO programs on VAWC target the victim-survivors and the community in general. There are some programs for the immediate families of the survivors, but none for the perpetrators. VAWC remains an issue confined to women’s groups and is not a community-wide issue. It has not elicited the attention of the local universities to conduct studies on it.

  Trafficking

• • • • •

Statistics on trafficking cases is low due to its underground nature. The highest number of trafficking cases recorded in Olongapo (2005-2008) per CSWDO record is 25 cases (an average of six cases per year), while in Angeles, it is 231 cases (2005-2009), an average of 46 cases per year. Reporting of cases was minimal to none in the barangays under study. Only Bgy. West Bajacbajac had two cases in its logbook, one recorded in 2005 and another one in 2007. But KIs and FGD participants had many stories to tell about trafficking happening in their communities. The underreporting of trafficking is due to several factors: — Stories from trafficked survivors and key informants revealed the involvement of syndicates running operations. One of the trafficked survivors was a minor but she was able to work in Malaysia. Traffickers have contacts within the Immigration departments of the airport in Clark and the airport in Malaysia. Locally, bars which have been raided for using minors or prostituting women are able to reopen or renew their business permits, indicating that they have connections in city hall. — Some barangay and city officials are bar owners themselves. — Some police can be paid to look the other way. — The victims often do not know the identities of their recruiters, making it difficult for them to file a case. — It is difficult to catch pimps and get evidence of prostitution, so streetwalkers who are picked up by the police are charged with vagrancy and not classified as trafficking victims. — When minors refuse to admit that they have been trafficked, the case becomes a prostitution case and not trafficking. The presence of syndicates is an added constraint to helping survivors. Syndicated crime is very complicated and needs trained people to address this. Of the 11 trafficked survivors interviewed for this report, five landed as bar girls in local bars, and six were transported abroad—four as bar girls, one as domestic helper, and one as a sewer. Another constraint to the resolution of trafficking cases is when the recruiter/trafficker is able to avoid arrest, hindering the progress of cases filed. This is one of the reasons why some cases are archived. In Olongapo, the number of entertainment establishments that employ women increased from 149 establishments in 2007 to 169 establishments in 2008 and to 203 establishments in 2009 (please refer to Graph 1 on p. 307). In Angeles, there were 138 establishments in 2005, which increased to 209 in 2006, maintained its number in 2007, and decreased to 122 in 2008. The number of workers in these establishments increased from 1,708 workers in 2006, to 1,810 in 2009. But these are only the registered workers. There are unregistered workers such as the streetwalkers. The logbook of Bgy. West Bajac-bajac recorded a number arrests of streetwalkers. Most of them were young women.
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• • • •

The government’s strategy of ecotourism has somehow contributed to the perpetuation of prostitution. Cyber sex has emerged as a new way to exploit women and children. Stories about cyber sex businesses circulate in the communities, but they are hard to catch or confirm because the women work in private homes. Parents themselves bring their children to work in cyber sex dens in nice subdivisions.

ThE KEy INFORMANTS cited five enabling factors for the effective implementation of R.A.s 9262 and 9208. They are: a) policy mandate; b) LGU/government support in terms of human and material resources; c) coordination and networking between and among various stakeholders; d) setting up of systems and mechanisms; and e) GO and NGO programs to address VAW. The findings showed that the city government of Olongapo has passed a number of executive orders, resolutions and ordinances (please refer to Annexes 15-28 of the Olongapo Report) to complement and support R.A. 9262 and R.A. 9208. Their effort was recognized when Olongapo City was awarded second place in the country’s first search for Outstanding VAWC-Responsive LGU on November 25, 2009. They were chosen out of 12 finalists. This search was in connection with the celebration of the “18-Day Global Campaign Against Violence.” Angeles for its part has also passed a GAD ordinance. But this has not been done at the barangay level. They have not passed any ordinance or resolution to support R.A. 9262 and 9208. The city governments have set up systems and mechanisms to document, monitor and evaluate the different VAWC programs and services, and there is coordination among the law enforcement agencies, the social services sector and the NGOs when it comes to monitoring the entertainment centers, conducting rescue operations, and in forming task forces. With regards to trafficking, the government and the NGOs have programs and services to respond to the immediate needs of the victim-survivors and to their rehabilitation and reintegration into their communities.

  Enabling Factors for the Effective Implementation of R.A.s 9262 and 9208

  Constraints to the Effective Implementation of R.A.s 9262 and 9208
At the barangay level
• There are some problems with documentation, filing and turnover of files. — There is no standard intake form for VAWC cases in the barangays. Complaints are recorded in logbooks, along with other complaints, and each barangay has its own style of taking down narratives. — Some case details could not be read because of illegible handwriting. — Some BPOs were not attached to the cases for which they were issued. — Some cases could not be traced because a tracking system was lacking or not followed. — Some cases that should have been logged as VAWC were labeled as “temporary custody/ safekeeping” instead. — Outgoing barangay officials sometimes do not turn over documents to the incoming councils. 38 Surviving Violence and Trafficking

• • • •

• •

Section 47(f) of R.A. 9262 stipulates that a barangay should have an anti-VAWC desk officer who shall coordinate a one-stop help desk, and that as much as possible, this help desk should be open for 24 hours. But the four barangays have yet to set up their anti-VAWC desks. The handling of VAWC cases is an add-on responsibility of the barangay officials, and in one barangay, there was some confusion as to who among the officers should have this responsibility. Barangay officials assigned to deal with VAWC cases know the basic processes involved in handling them. But although mediation is not one of them, and is in fact disallowed by the law, there have been instances when barangay officials have encouraged the warring couple to settle their differences, after which they sign an agreement called a kasunduan which is recorded in the logbooks. This misapplication may be due to lack of training or it could be due to their perception that woman battering is domestic in nature and should be resolved in the confines of the home, or because they thought their work pertains only to maintaining local peace and order (UNICEF, 2002). There is no standard set of indicators to know when a case has been resolved or closed. All four barangays believe that if the couple has signed a kasunduan, the case has been resolved. There is no clear guideline on whether following up cases is mandatory. It is not clear whether it is the task of the BPSO or the purok leaders. There is a need to improve advocacy on R.A.s 9262 and 9208 to reach more women and children and the community in general. VAWC remains an issue of women’s groups instead of a community-wide issue. It has not elicited the attention of the local universities to conduct studies on it. On the other hand, there is still a lack of women’s organizations in the barangays that would address VAWC and work towards making it a community-wide issue. The community, instead of being sympathetic and supportive to trafficked survivors, are sometimes callous to their plight. Government services are still limited mainly because of resource problems (e.g. lack of staff, lack of budget, lack of shelters) in the face of the magnitude and complexities of the problem.

At the LGU level
There are three major problems that constrain the implementation of R.A.s 9262 and 9208. These are: a) problems related to the prosecution service, b) problems related to social service, and c) problems related to law enforcement.

Prosecution service
Cases filed in Family Court take a long time (more or less three years) to reach a decision. Olongapo has no regular Family Court judge, so hearings are scheduled three times a week (Mondays, Wednesdays and Fridays). There is also a lack of prosecutors. Prosecutors are available only on Mondays and Fridays. In Angeles, the fiscal is shared by the two Family Courts. Many survivors are poor women who cannot afford the cost of a long litigation. Indigent litigants may avail of free legal assistance at the Public Attorney’s Office, but lawyers cannot always be available. When one survivor found out that her abusive husband had made bail, she tried to get hold of her PAO lawyer but he could not attend to her as he was busy with other hearings. One VAWC hearing was postponed because the lawyers from both sides did not show up in court.

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Social services
This relates to the CSWDO and DSWD’s policy with regards to survivors who are minors. The DSWD’s priority is to return them to their families. According to key informants, the family usually convinces the minors to withdraw the case and accept settlements, or when the minors are released by DSWD, they do not appear in court hearings so the cases are dismissed.

Law enforcement
Bar owners found engaging in prostitution or the use of minors are able to get around the law by bribing police officers or by simply changing the names of their bars, indicating strong connections in city hall. Some police officers are said to receive protection money from the establishments, thus helping perpetuate prostitution. These are manifestations of a syndicated crime which is complicated and needs trained people to address.

Training needed
The quality of service rendered by the service providers and law enforcers depends on the kind of training provided by the government. According to key informants, the training lacks regularity and continuity; the quality of the training also needs improvement. Specific feedbacks: • Some people handling VAWC cases lack training. Consequently, they do not know how to deal with victim-survivors. • People who receive training sometimes do not echo what they learned to their co-workers. So when they are re-assigned, their former stations or agencies are left with no trained staff. • People in the barangay have short-term assignments. So when their terms are over, there is a need to train a new set of barangay officials. • Some cases are dismissed because the service provider was not knowledgeable about the technicalities of the laws. • Using trained people to handle complaints would standardize documentation. As of now, each barangay has its own style of taking down reports and categorizing cases.

Lack of prevalence statistics on VAWC
There are no consolidated prevalence statistics on VAWC and trafficking in Angeles City and Olongapo City. What is available are statistics gathered from the four barangays, the PNP, CSWDO, Family Courts and NGOs. Based on the numbers gathered, the incidence of VAWC and trafficking do not seem to be alarming, but information from key informants and from FGD participants indicate that there are many unreported VAWC and trafficking cases. Timely, accurate, useful data is necessary for planning and decision-making and to come up with crime rates and mortality statistics, you need the following factors: a) the existence of laws and services; b) the willingness of the victim to report a crime; and c) the sensitivity of officials to recognize the connection of the reports to VAWC ( Cheung, et al., 1999).

40 Surviving Violence and Trafficking

Laws and services
There are laws and services already in place to address VAWC, but to get a better picture of the magnitude and complexities of the problem, there needs to be better coordination among the agencies and groups. In the areas under study, the Research Team could not total all the cases they had gathered from their sources as there were duplications among the various agencies and groups that address VAWC. It was pointed out during the Validation Workshop in Olongapo that cases recorded in the WCPD might also be the same cases recorded by the CSWDO.

Willingness of the victim to report a crime
Underrerporting also skews the picture as statistics often only cover those reported to the police or served by providers. KIIs and FGDs have been useful in uncovering those that have not been reported. The findings showed that the major cause of victim-survivors’ hesitation or difficulty in reporting VAWC is due to their economic dependence on their husbands/male partners. The other causes are women’s sociocultural orientation to maintain harmony in the family, as well as other beliefs that make women vulnerable to gender-based violence. Religion has greatly influenced how women react to violence, often making them passive and submissive. Filipino women endure the battering and forgive their batterers instead of exercising their rights so as not to break up the family. In the case of a Muslim minor who was raped, she did not file a case because in their culture, payment from the rapist is acceptable. There is the issue of whether they know their rights at all. Many women are isolated in their homes and they lack exposure and knowledge about the laws that can protect them from violence. But as service providers attested in the study, there is not much they can do if the victims do not cooperate despite their inputs and advice.

Recognizing the connection of the reports to VAWC
The ability of officials to recognize that an incidence report is a case of VAWC is crucial to getting accurate VAWC statistics. There are cases in the barangay with all the earmarks of VAWC that were logged as “temporary custody” or “safekeeping,” because the abuser had been taken out of the home before he could do physical harm to the wife or partner. For some barangay officials, and for some victims as well, non-physical forms of abuse is not VAWC.

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Overall Recommendations
• • • • • • • • • •

  the barangays For

To set up anti-VAWC desks staffed with well-trained people, preferably licensed social workers To use the standard intake and update card for each victim-survivor as suggested by the Philippine Commission on Women to facilitate consolidation of VAWC cases To improve on the documentation, filing and turnover of VAWC files to get accurate prevalence statistics on VAWC To discontinue the practice of amicable settlements and signing of kasunduan in handling VAWC cases To record temporary custody/safekeeping cases as VAWC cases To have the BhRAO included in the barangay budget To regularly survey/monitor the barangays to identify new faces/entrants who may be there to illegally recruit young women To have regular purok meetings and use them as a venue for information dissemination about the new laws To financially support barangay volunteers assisting victims, for such needs as money for transportation, photocopying of documents, filing of cases To assess how barangays are implementing the laws

  LGUs For
Recommendations related to information dissemination
• • • Distribute pamphlets/brochures about the laws to the community. Provide information materials like primers, leaflets, etc. Use television to inform people about R.A.s 9262 and 9208

Recommendations related to training For survivors
• • • • Conduct empowerment programs for survivors through education and training, legal literacy, self-defense, entrepreneurship, etc. Address women’s immediate post-trauma needs. Address the long-term need for livelihood, to achieve economic independence for VAWC survivors and aid in the “reintegration” of trafficked survivors into communities. Draw up an effective follow-up program for victim-survivors. • Set up a counseling program for perpetrators

For perpetrators
• •

For service providers

Conduct regular and continuous training for service providers and law enforcement officers. There’s also a need to improve the quality of training. Make use of GAD allocations at the local level by conducting anti-VAWC campaigns and trainings.

42 Surviving Violence and Trafficking

• • • • • • • • • • •

Conduct training with service providers and law enforcers on how to deal with victimsurvivors. Conduct training by batches so that everybody undergoes training. Draw up an effective follow-up program for victim-survivors to know the status of the cases and to assess the effectivity of the programs and services provided. Conduct seminars on human rights in the barangays, especially for the new set of officials. Assign a knowledgeable person to the Women’s Desk. To conduct value formations/consciousness raising among women to discuss sociocultural beliefs that constrain them from reporting VAWC and/or filing cases in court To educate all women about the laws, starting with the parents of the day care centers; mobilize resource persons and organize symposiums for women in partnership with DWSD To continue orientations and seminars especially for mothers To conduct empowerment programs for survivors through education and training, legal literacy, self-defense, entrepreneurship, etc. To mentor other women To provide jobs/livelihoods for women, especially teenage mothers — This provides options for women, because parents have been known to bring their daughters to beer houses and karaoke bars when they reach 18 because they think these are the only places where they can find work. — Earning an income can gives victim-survivors the means to pursue their cases. — This allows women to be economically independent from their husbands/partners. Conduct more gender sensitivity training for men. Monitor those who have received training to know how they practice what they learned. Conduct seminars for both women and men so they know their rights and recognize violations of those rights. Study/assess Islamic practices and identify those which do not protect the rights of women. Conduct intensive training on trafficking to BHRAO. Give out brochures and pamphlets about the laws. Conduct programs that strengthen family ties; participation in religious groups is seen as a way to improve values. Make people more aware of trafficking. Conduct training for the youth, especially those who are out of school. Formulate a standard set of indicators to determine when VAWC cases are considered closed or resolved. DSWD needs to come up with a consolidated report on VAWC to get an accurate picture on the prevalence, magnitude and severity of the problem. Assess DSWD’s policy of returning minors to their families, to lessen withdrawal/retraction of cases filed in courts.

For women

For men
• • • • • • • • • • • •

For the community in general

Recommendations related to systems and mechanisms

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• • • • • • • • • • • • • • • • • • • •

Assess ordinances, resolutions, executive orders whose objective is to protect women and children. Assess the mechanisms that were set up to document, monitor and evaluate the different VAWC programs and services. Assess the systems and services provided by the government to see if they are victim-friendly. have follow-up mechanisms to know the status of cases. Set up a desk to assist trafficked survivors with labor cases. Continue with multi-disciplinary case sponsoring to efficiently address VAWC cases. Reactivate the Council on VAWC-T (VAWC and trafficking) and ensure the mayor’s support by having his authorized representative in the council. Assess how the GAD budget is being utilized. Come up with a unified government strategy to promote effective prevention or to address the various forms of violence against women as a whole. Assess ecotourism as a strategy to economic development and its effects on women and children. Improve linkages between communities, LGUs and NGOs. Provide a budget for volunteers and for conducting seminars on R.A. 9262. Conduct dialogue in the community where victims can speak up. Continue helping sexually abused children. Give due attention to the issue of trafficking. Increase the visibility of service providers. Define clear qualifications for people handling VAWC. Designate a person to focus/handle VAWC cases. Assess how the police handle clients. There have been reports that some police harass and molest prostituted women and even act as their pimps. The PNP should also act on feedbacks regarding police treatment of VAW victim-survivors. The private actions of duty-bearers should be consistent with the laws they are enforcing. There are resolutions and ordinances on anti-prostitution, but there are barangay captains and city councilor who are owners of clubs and bars. Passage of a local ordinance adopting the framework of the anti-trafficking law Operationalization of a Bantay-recruiter/“bugaw” mechanism (bantay means to guard against or watch out for; bugaw means pimp) Formation of an inter-agency network that includes NGO and survivor representatives Institutionalization of services by agencies that are responsive to reports on illegal recruitment and trafficking and are also available to the communities Assurance of adequate and appropriate action be taken to: a) address the demand side of trafficking, and b) provide alternatives to survivors of trafficking — Improve advocacy campaigns in the provinces and increase women’s awareness about the risks of being trafficked if they want to work abroad. — Use the media to expose more stories about trafficking.

Recommendations for service providers

Recommendations to address trafficking (Enriquez, 2003)
• • • • •

44 Surviving Violence and Trafficking

— Conduct continuous advocacy with the parents because parents have been known to encourage their children to go with recruiters. — The POEA and OWWA should assist abused OFWs. — Government agencies should explain to abused workers who want to pursue money claims how much time and effort is involved in the whole process. • • • • •

  NGOs For

Conduct empowerment programs for women and youth to increase their rights-claiming capacities. Increase community awareness on trafficking and VAWC. Increase community participation in the advocacy against trafficking and VAWC. help government set up programs for women. Advocate for enhanced GO-NGO-private sector cooperation, dialogue and collaboration.

Male participation

  communities For
There is recognition that men’s VAWC will not end without male participation in the effort to prevent it. It is recommended to organize gender-conscious men to have roles congruent with current women’s initiatives in the prevention of VAWC and to employ gender-sensitive men in counseling male perpetrators. Support MOVE in its objective of involving men in addressing VAWC in the communities. young people need to be educated as early as possible on the dangers posed to their reproductive health by risky sexual behavior and gender-based violence. Increase youth consciousness and involvement in addressing VAWC. Come up with a program for teenage mothers. Women’s organizations in the different areas of the country are encouraged to network on the issues of VAWC and trafficking. Women’s organizations can link up with government agencies, or with the Women’s Council so they can be updated on the laws, ordinances, resolutions and policies that women can use for their protection and well-being. Conceptualize a program for parents/families on how to deal with incest. Get VAW advocates into positions of decision-making, by electing them to barangay, municipal, city and provincial councils.

• • • • • •

Adolescents

Women’s involvement

Parents
• •

VAWC advocates

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• • • • • • • •

  Recommendations that need immediate attention

Address the need for additional prosecutors and full-time Family Court judges, for the quicker disposition of cases. For all stakeholders to pool their resources to break the syndicate and to design a system or mechanism to counteract the strategy of traffickers. Organize more local women’s organizations to address VAWC and make it a community-wide issue. CSWDO can coordinate with local women’s organizations to identify and rescue streetwalkers and bar women who are trapped in prostitution and in need of their assistance, especially those who have no relatives or friends to assist them. Come up with a mechanism for dialogue between GOs and NGOs. Provide employment for men. All stakeholders should cooperate in implementing the law. Involve more stakeholders in addressing VAWC as part of their duty of being members of civil society. The school guidance office can be a venue to hear out possible VAWC and trafficking complaints. Involve the network of educational institutions and the organizations of private schools and colleges in the campaign against VAWC and trafficking. Schools can be used as a structure for information dissemination and aid in the prevention of violence. People in power should give members of opposing political parties the opportunity to contribute to the promotion of women’s rights and continue the programs they have initiated in response to women’s concerns. hasten the legal process, especially for abused workers who cannot afford the cost of a long litigation.

  other stakeholders For

• • •

  the academe For

• •

  people in politics For

46 Surviving Violence and Trafficking

Blooms of Knowledge: Learning from Initiatives Addressing Violence against Women. 2003. The Ford Foundation. Manila, Philippines. Cheung, Fanny, et al. (eds). 1999. Breaking the Silence: Violence against Women in Asia. Equal Opportunities Commission in collaboration with Women in Asian Development and UNESCO National Commission of the Philippines. Dutton, Donald. 1988. The Domestic Assault of Women: Psychological and Criminal Justice Perspectives. Vancouver. UBC Press. Enriquez, Jean. 2003. Trafficking of Women and Children. Review of Women’s Studies, vol. 13, no. 2. Guerrero, Sylvia h. 2003. Creating Gender-Sensitive Families and Communities: Lessons and Reflections. Review of Women’s Studies, vol. 13, no. 1. _______________. 1999. Gender-Sensitive and Feminist Methodologies: A Handbook for Health and Social Researchers. UP Center for Women’s Studies. Quezon City. ________________ and Luis M. Pedroso. 2002. Handbook for Monitoring Intervention Programs to Stop Gender Violence. UP Center for Women’s Studies Foundation, Inc. and the Department of health: Women’s health and Safe Motherhood Program. Vibal Publishing house. hughes, Donna M. and Claire Roche. 1999. Making the Harm Visible: Global Sexual Exploitation of Women and Girls. Speaking Out and Providing Services. Coalition Against Trafficking in Women. Kingston, Rhode Island. Mananzan, Mary John et al. (eds). 1996. Women Resisting Violence: Spirituality of Life. Orbiz Books. Maryknoll, New york. Portus, Ma. Lourdes. 2003. Women in Street Prostitution: Communication and Negotiation Techniques. Review of Women’s Studies, vol. 13, no. 1. UNICEF, 2002. To Produce and to Care: How Do Women and Men Fare in Securing Well-being and Human Freedoms. Prepared by WAGI for the UN Country Team.

References

Additional References:
A Paper prepared by Ms. Eileen Skinnider, Associate, International Center for Reform of Criminal Law and Criminal Justice Policy, Vancouver, Professor Marcia Kran and Mr. Robert Adamson, Associates and Professor Ian Townsend-Gault, Director, Center for Asian Legal Studies, Faculties of Law, University of British Columbia, Vancouver, Canada. This paper is an annex to the Proceedings of the 1997 Regional Conference on Trafficking in Women and Children by the Mekong Region Law Center and Office of the National Commission on Women’s Affairs of Thailand. WEDPRO’s approved proposal to the European Union. 2009. Private and Public Faces of Violence against Women: Addressing Domestic Violence and Trafficking in the Urban Poor Communities and “Red Light Districts” of Angeles City and Olongapo City. Virola, Romulo. 2010. Violence against Women…At Home! National Statistical Coordination Board. http://www.nscb.gov.ph/headlines/StatsSpeak/2010/030810_rav_vaw.asp Human Trafficking Statistics http://www.dreamcenter.org/new/images/outreach/Rescueproject/stats.pdf United Nations high Commissioner on human Rights, Frequently Asked Questions on a Human Rights-Based Approach to Development. http://www.ohchr.org/Documents/Publications/FAQen.pdf

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Tables
Table 1. Key Informants (KIs) (please refer to Annex 1)
Barangay level a) Bgy. Gordon Heights = 6 City level VAWC and trafficking survivors Total no. of key informants

Vice-mayor, GAD focal person and CSWDO head, 5 VAWC survivors, 5 councilor for Women and Children, Family Court trafficking survivors judge, clerk of court, PNP city director, PNP Women’s Desk officer, CIDG head, BHRAO federation head, 3 NGO executive directors = 12

b) Bgy. West Bajac-bajac = 6 Total number of KIs = 12 barangay officials = 12 service providers/law enforcers/NGOs = 10 VAWC and trafficking survivors = 34 key informants

48 Surviving Violence and Trafficking

Table 2. VAWC and Trafficking Statistics
Data source Number of VAWC complaints blottered Year Bgy. Gordon Heights Logbook 2004 2005 2006 2007 2008 2009 Jan 2005 Dec 2006 Jan-Dec 2007 Jan-Dec 2008 Jan-Nov 2009 Oct-Nov 2009 Bgy. West Bajac-bajac logbook Barangay VAWC Implementation Report Sept 2006 Sept 2009 4 4 4 4 4 34 17 cases 16 cases 16 cases 16 cases 3 cases 16 cases Nov. 2007 1 case Number of complaints Number of trafficking complaints blottered Year None Number of complaints None Number of BPOs issued Year Number of complaints

Bgy. Gordon Heights Compliance Monitoring Form

None

Jan 2005- Dec 2006 Jan-Dec 2007 Jan-Dec 2008 Jan-Nov 2009 Oct-Nov 2009

17 BPOs issued 16 BPOs issued 16 BPOs issued 16 BPOs issued 3 BPOs issued

Sept 2006-Sept 2009

1 BPO issued

4th quarter 2006 1st quarter 2007 2nd quarter 2007 1st quarter 2009 3rd quarter 2009

1 case

None

4th quarter 2006

1 BPO issued

2 cases

None

1st quarter 2007

2 BPOs issued

4 cases

None

2nd quarter 2007

1 BPO issued

2 cases

None

1st quarter 2009

2 BPOs issued

2 cases

None

3rd quarter 2009

Referred to DSWD and PNP

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Data source

Number of VAWC complaints blottered Year Number of complaints 1 case 3 cases 4 cases 15 cases 22 cases 12 cases 22 cases 79 cases

Number of trafficking complaints blottered Year 2005 Number of complaints 1 case

Number of BPOs issued Year Number of complaints

Olongapo City Police Office (Detailed Report on Crimes Against Women 2004-2009) (please refer to Annex 8) PREDA Foundation, Olongapo City (please refer to Annex 9) CIDG Monitoring of Cases handled by Zambales CIDT CSWDO Statistics and Report 20052008

2002 2004 2005 2006 2007 2008 2009 Total =

Violation of RA 9262

8 cases

Violations of RA 9208 2006 – 3 cases 2008 – 6 cases 2009 – 4 cases Total = 13 cases

Violation of RA 9262 from 2008 -2009

3 cases (trial ongoing)

None

VAWC Cases 2005 2006 2007 2008 Total =

49 cases 55 cases 41 cases 120 cases 265 cases

Trafficking cases = 25 cases

50 Surviving Violence and Trafficking

Table 3. Statistics and Status of VAWC Cases Filed in Family Court – Olongapo City, 2004-2009 (please refer to Annexes 10-12)
Data Source VAWC cases as of Jan-June 2009 VAWC cases as of July-Dec 2009 Branch 73 (separate report on decided, dismissed, archived cases) Total 1 72 Decided 1 0 Pending 80 72 Dismissed 10 21 34 65 3 3 Withdrawn Archived 11 26 44 81

Table 4. Status of Trafficking Cases in Olongapo City as of Dec. 2009 (please refer to Annex 12)
Data Source Branch 73 Pending 3 cases

Table 5. Status of Cases with Petition for TPO/PPO as of Dec. 2009 (please refer to Annex 13)
Data Source Branch 73 Dismissed 3 Decided 4 Pending 1

NOTE: Dismissed cases – when complainants have disappeared, can no longer be located or no longer appear in court hearings (included in this category are the provisionally dismissed which the complainant can reopen within a two-year period); withdrawn – when complainants file an affidavit of desistance; archived – when the perpetrator has disappeared or can no longer be located

Table 6. Profile of Women from Bgys. West Bajac-bajac and Gordon Heights
Bgy. West Bajac-bajac Livelihood • Fish and fruit vendors • Bar women High school level 4-6 children Bgy. Gordon Heights • Laundry woman • Domestic helpers • Vendors • Videoke bar women • SBMA employees • Computer workers Mostly high school Some with vocational training Some with college education 3-4 children Data from service providers • Stay-at-home mothers • Works in support services, e.g., cook

Education

Few graduated from college 4-8 children

Number of children

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Table 7. Common VAWC-related Complaints
Nature of violence Physical violence Economic abuse Verbal abuse Psychological abuse Others Bgy. West Bajacbajac Battering Financial problems Women are insulted, humiliated in the streets Misunderstanding with their husbands Child abuse (children padlocked in the house and abandoned) Beating the children Bgy. Gordon Heights Battering Lack support for the children From service providers Domestic violence Lack of family support, abandonment Insults, curses Womanizing

Table 8. Striking/Memorable VAWC-related Complaints
Domestic violence; the woman had a black eye and secured a medico-legal certificate Repeated case of battering; no case was filed but the wife left the husband Wife battering; the woman left the husband and the children. The husband simply locked the children in the house and abandoned them. The woman was beaten by her Filipino partner after she went to see the father of her Amerasian child to get financial support. The wife was repeatedly beaten by the husband yet she urged the court to release him for the children’s sake. A Muslim minor was raped but did not file a case because in their culture, payment from the rapist is acceptable.

Table 9. Cases Considered Difficult to Handle
Child abuse When the victim does not cooperate When women go back to the relationship despite the physical abuse and inputs from service providers Getting evidence for prostitution cases Cyber sex – how to locate the server; the court is not yet aware of the technicalities involving such cases

52 Surviving Violence and Trafficking

Table 10. Barangays’ Ways of Handling VAWC Cases
Bgy. WBB People involved in handling VAWC cases – BHRAO, barangay secretary, barangay captain, investigators, and tanods if complainant comes after 5 p.m. Responses as to how they handle cases: • Investigate – 1 • Blotter the complaint – 4 • If official feels she can handle case on her own, she settles the case; if not, she refers it to BHRAO – 1 • Invite the perpetrator to barangay office – 2 • File a case if the perpetrator does not come to the barangay – 1 • Get couple to dialogue in front of the barangay captain – 1 • Advise the woman to file a case – 1 • Explain the law to the couple – 2 • If the woman does not want to file a case and agrees to an amicable settlement, then they sign a kasunduan • Make a referral letter to the agencies that can assist the victim – 2 Bgy. Gordon Heights People involved in handling VAWC cases – kagawads, investigators

Responses as to how they handle cases: • Investigate – 3 • Issue BPO – 6 • Counsel the couple – 1 • Ask the couple to go to the barangay and have a dialogue – 2 • Imprison the perpetrator right away if the woman is badly battered – 1 • Assist the victim to secure a medico-legal certificate – 2 • If the couple wants to separate, the barangay tries to settle the case – 1 • If settlement is not possible, they refer the couple to DSWD especially if there are children – 1 • Blotter the case – 1 • If the woman is badly beaten, the husband is asked to go to the barangay or brought to the police station – 2 • The barangay settles the case – 2 • If the battering is too much, the case is referred to DSWD – 1

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Table 11. Enabling Factors in the Effective Implementation of R.A.s 9262 and 9208
Policy mandate 1. Ordinance No. 51 – An ordinance addressing the system of prostitution, imposing penalties on its perpetrators, providing protective measures and support services for the prostituted persons, and for other purposes (April 4, 2007) 2. Executive Order No. 55 – Creating and establishing a joint local interagency council for anti-trafficking and VAW (IACT-VAWC) (June 24, 2006) 3. Ordinance No. 26 – An ordinance creating a joint local inter-agency council for anti-trafficking in persons and anti-violence against women and their children (IACT-VAWC) (Jan. 18, 2007) 4. Ordinance No. 69 – An ordinance providing for a City Gender and Development (GAD) Code and for other purposes (Jan. 18, 2007) 5. Ordinance No. 79 – An ordinance to define and penalize online pornography in Olongapo City – Nov. 8, 2005 6. Resolution No. 107 – A resolution requesting the SBMA to donate furniture and fixtures for the Center for Women in line with the trash-to-cash program of SBMA (March 7, 2005) 7. Resolution No. 76 – A resolution adopting RA 9262, providing for protection measures for victims, prescribing for penalties therefore, and for other purposes. 8. Resolution No. 96 – A resolution creating the Women’s Council in Olongapo City which will cater to the needs, welfare and grievances of all women in the community (March 10, 2000) 9. Resolution No. 22 – A resolution declaring March 2000 thereafter as the International Women’s Month for Olongapo City LGU/government support a. Human resources • The establishment of the following local institutional mechanisms for the overall coordination, monitoring and advocacy at the local level of the strict implementation of laws for the protection of women and children. - Local Inter-Agency Council for Trafficking and VAWC (IACT-VAWC) - Gender and Development Council (GAD Council) - Women’s Council - MOVE (Men Opposed to Violence Everywhere), a group of male advocates to fight VAW - Task Force Anti-Indecency Board (Prostitution) • The collaboration of PNP, DSWD and City Hall in implementating the laws • The provision of capability-building programs for service providers, i.e., social workers, nurses, midwives, physicians and barangay health workers • The installation of Women’s Desks in all police stations to facilitate reporting, because victims are less reticent to talk to women law enforcers • Monitoring by purok leaders • Roving by police officers • Handouts on the laws • Barangay officials handing out calling cards so residents have access to them • BHRAO assistance to VAW victims • Seminars for BHRAO officers • Continuation of open line of communication between LGUs and the people, so people can report directly to them • Orientations on the law to raise women’s awareness, which some barangays give during assembly • Orientations on the Magna Carta for Women, which have been given in the barangays • The CIDG has 8 people involved in rescue operations, their office is open 24/7 and equipped with a hot line, cell phone, telephone and fax. • All the barangays, LGUs, DILG, schools (private and public) have had seminars and trainings. • DSWD provides counseling to survivors. • CSWDO monitors and visits establishments, reminds thems of their limitations as stipulated in their business permits, recommends closure of establishments if there are violations, files/acts as the complainant if the victims are minors, do home visits on survivors. • Bgy. WBB has had training seminars conducted by the PNP, DSWD, DILG and city government on women, anti-trafficking, Magna Carta for Women, anti-torture, anti-VAWC. • Bgy. Gordon Heights has had training seminars conducted by DSWD, DILG and MOVE on women, anti-VAWC and other laws. • City-level officials have had training on women’s issues, on investigation, purpose-driven attitude in the workplace, basic intelligence and investigation, special laws such as RAs 9262, 9208 and 7610.

54 Surviving Violence and Trafficking

Policy mandate Coordination and networking between and among various stakeholders • The church, teachers and principals of the schools and DSWD are partners of the barangay in the effort to address VAW. • NGOs help gather information and provide barangays with that information. • There is coordination between BUKLOD, PREDA and DSWD. • CIDG has coordination with other groups. • CSWDO collaborates with Women’s Desks, LGUs, barangays and women’s organizations.

LGU/government support b. Material resources • Center for Women, for the physically abused and as temporary shelter for trafficking victims • Social Development Center, a temporary shelter or home care for minor girl victims of child abuse for protective custody while their cases are being processed • School-based Teen Wellness Center in collaboration with the Sangguniang Kabataan (Youth Council) and Department of Education • List of all videoke bars and other kinds of bars in the barangay to facilitate monitoring • Private rooms for women and children to facilitate disclosing of information c. Systems/mechanisms • Integrated monitoring and evaluation system to assess the performance of the different VAW programs and services • Systematic monitoring and client-responsive feedback mechanisms, such as: - Database of all VAW cases using clear guidelines, procedures and tools - Database of profile and needs of VAW victim-survivors - Database on cases including data on victim-survivor, perpetrator, intervention and case status - Data is submitted to concerned agencies (DSWD, DILG). - Monitoring system composed of home visits, case conferences and consultation dialogues with partner/referral agencies - Other documentation systems and procedures are in place to manage the database on anti-VAW programs/projects, accomplishment and impact reports, financial status. - Consultation with stakeholders - Periodic assessment of anti-VAW services - Mechanism to facilitate flow of information and gather feedback from stakeholders - A consolidated monitoring form for trafficking in persons and VAW cases is in use. - Periodic meetings/orientations are held with the staff involved in antiVAW service. - Reporting is done through meetings, annual reports, tri-media and round table discussions. - VAW cases reported/handled, accomplishments, etc., are reported regularly to the LGU Committee on Women, Sangguniang Panlalawigan (Provincial Board), the DILG and other concerned agencies, and the community.

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Policy mandate Other enabling factors • A standard form for TPO/PPO application has been provided to facilitate the process. • CIDG has a Sunday school for 3-to15-year-old out-of-school youths • Separate blotter book for VAWC cases in the barangays • Passage of a resolution formally activating all human rights action centers • NGOs have their own in-service training, field training; their human rights teams are well trained in the laws.

LGU/government support

Table 11a. Government Programs to Address VAW
Targets of the program For the victimsurvivors Quick response / immediate action programs • CIDG has Oplan Nena where they file cases for VAWC victims and prostituted women. • CIDG has Oplan Sagip Anghel to rescue minors working in bars. • Orient victim about the process of the law • Give moral support to victims • Police assistance for victim, to escort them to appropriate agencies, assist in filing their cases, and arrest perpetrators • Committee on women assists walk-in clients in getting services from the barangay, or coordinate with DSWD or the legal office; for emergency cases, advises the victim to stay in their office while they coordinate with the Center for Women. Long-term and continuing program • DSWD handles operation and management of the victim’s case • Hearing of cases in the Family Court

For the immediate family of the survivor For the perpetrators

56 Surviving Violence and Trafficking

Targets of the program For other stakeholders

Quick response / immediate action programs

Long-term and continuing program a. For women in the community • CIDG conducts some trainings. • Community women have been organized through BALIKATAN. • Livelihood trainings were conducted especially for women and mothers. • Awareness seminar was conducted for women and youth. • Free pap smear, breast checkup, medical and dental services have been conducted. • PNP conducts supervised visits every night at clubs. • Women’s Desk do monitoring of cases filed in court. • CIDG does monitoring and intelligence work on trafficking. b. For the youth in the community • The youth group monitors activities of their members. • LGU has scholarships for those who would like to study computers, provides free uniforms. c. For couples • Couples are encouraged to work for the benefit of their children. d. For the community in general • A Task Force composed of CSWDO, CIDG, BUKLOD, PREDA, Business Permit Section, and pastors has been organized to: - monitor establishments - do investigations - use the TF meetings as a venue for meeting entrepreneurs - conduct seminars on health, livelihood and rights - conduct parenting seminars - do education and information dissemination - give Family Values formation program, education for children, scholarships - pass resolutions and executive orders to support anti-VAWC law - inform the community that there is a Committee on Women

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Table 11b. NGO and Academe Programs to Address VAW
Targets of the program For the victimsurvivors Quick response/immediate action program • Provides temporary shelter/safe house • Provides legal service Long-term/continuing program • Provides residential home

For the immediate family of the survivors For perpetrators For other stakeholders • Provides Family Values formation program, education/ scholarships for the children, income-generating projects for the mothers • Conducts gender sensitivity training to police officers, men from the community and barangay officials; conducts series of seminars, public information activities on VAWC • Gives lectures to bar women on BCC-CO (Basic Christian Organizing-Community Organizing) • Does organizing, empowerment of women through seminars, trainings (entry point is about the laws, such as how to file a case, what agencies to go to for assistance, and how to deal with these agencies) • Aura College has been celebrating Women’s Month for five years. Last year’s theme was “Women Coping Up with Financial Crisis,” touching on economic abuse – women not given a chance to grow in their careers and its effect on their children. • Livelihood program for marginalized women • BHRAO receives complaints, and does education and monitoring • Gordon College to conduct seminar on sexual harassment for staff, faculty, students and guidance office, organized student groups; is open for seminars and as venue for research; instructors open to learning the laws; RAs 9262 and 9208 can be included in the curriculum and exams; can be used as avenue for tangible results and advocacy. • Yokubari Foundation for children and the family has specific program for mothers in 4 barangays – starts with GST, women’s rights. Their people’s organization is Kaisa Ka, which has a step-by-step procedure on how to handle VAWC cases, specifically on how to file a case.

58 Surviving Violence and Trafficking

Table 12. Constraints to the Effective Implementation of R.A.s 9262 and 9208
Structural constraints Political constraints Sociocultural constraints a. Problem with beliefs, values and attitudes of victim-survivors • It is supposedly in Filipino women’s nature to endure suffering and be forgiving because of their Catholic upbringing. • Violence and men’s infidelity are seen by both women and the community as normal in a relationship. • Women feel they must avoid a broken family at all costs. As a consequence: - women are repeatedly battered but can be convinced by husbands or partners to withdraw their cases - women file cases and later file affidavits of desistance without informing the service providers and go back to their violent relationships • They do not report VAW and incest cases for fear of smearing the family name. • Women are afraid of their husbands/partners. • Women also withdraw cases because they are financially dependent on their husbands/partners. • Women would rather seek help from religious leaders rather from proper authorities. • Women lack knowledge about their rights. • Victim-survivors’ low educational attainment makes them vulnerable to violence and makes information campaigns doubly harder. - A service provider said majority of those who are given primers or pamphlets will not read them, and of those who do, majority will not understand them.

a. Problems related to the complexity • Barangay officials have short of syndicated crimes like prostituterms in office, so the orientations tion, trafficking and cyber sex need to be repeated for incoming • Victims do not know the identity councils. of the recruiter, so it is difficult to • There is some difficulty in proposfile a case. ing/initiating programs within a • Pimps are difficult to catch and government institution because get evidence from, leading to politicians feel their position is a trafficking violation being threatened. downgraded to vagrancy. • There is a lack of training and • Victim and customer have to be seminars to build the capacity of caught in the act for a prostituthose assigned to handle cases. tion case to be filed. • When minors refuse to admit that they were trafficked, it becomes a prostitution case and not trafficking. • There is resistance from trafficked minors because they do not know their rights are being violated. • When women perceive prostitution as work, they learn to accept the risks involved as a normal part of the job. • There is no clear process on how to deal with trafficking. • Traffickers are members of a syndicate, they know how to disguise themselves, they have connections with people in government. • Trafficked victims do not feel they have protection against syndicates, and so they do not file cases. • Trafficked victims uses aliases. • The trafficking issue needs more exposure. • Advocacy/campaign against trafficking does not receive the same attention as the anti-VAWC campaign.

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Structural constraints b. Problems with corruption • Minors have been found working in bars, yet the owners manage to renew their business permits or simply change the names of their bars and secure new permits. • Many government officials profit from the prostitution business. • Club owners have connections in city hall. • Some police officers receive protection money from the establishments. c. Problems related to the judiciary or Family Court • There is no regular Family Court judge so hearings are only three times a week. • There is a lack of prosecutors, who are only available Monday and Friday. • Cases take a long time to reach a decision. • Women either amicably settle in the court, or desist from pursuing their cases. • When the perpetrator cannot be located, the case is archived until it is terminated. • There is difficulty in understanding the process of filing a case. • Both complainant and accused are in the same room during the hearing, which can be intimidating for the complainant especially if she is a minor. d. Difficulty in tracing bar ownership makes it difficult to file cases.

Political constraints

Sociocultural constraints b. Attitude of service providers • They feel they cannot do no more when the complainant loses interest in her case. • Some PNP officers are not gendersensitive or approachable. • Barangay officials ask the couple to talk and have an amicable settlement. c. Parents’ perception of their children • They believe they own their children. d. Bar owners’ perception of women • They see them as just attractions to their business. e. Community’s lack of knowledge about the laws • Victim and perpetrator sometimes do not respect the presence of the kagawad and continue their quarrel in front of him/her. • The perpetrator does not respond to the barangay summons and sometimes fights the tanod that serves the summons. • People are not open to being taught about the law by youthful kagawads, even if the latter have undergone training. f. Attitude towards women • Women are not given the chance to grow in their careers once they get married. • Men have negative perception towards women.

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Table 13. Trafficking Cases from Key Informants and FGD Participants
Case No. Trafficking cases Five girls from Bulacan were brought to Masinloc, Zambales to work as house helpers but were placed in a videoke bar instead. They escaped and were seen at the Victory bus station after curfew, so they were brought to the barangay hall. The following day, the barangay captain contacted the DSWD of Bulacan. They verified the information given by the girls. They were brought back to Bulacan by ambulance to ensure their return to their parents. KIs rescued five women from San Marcelino, Manila and brought them back to their homes in Sapang Palay, Bulacan. KIs admit they have trafficking cases in their barangays, but of a lesser degree compared to VAWC and violations of RA 7610. KI knows of one case of qualified trafficking which happened in March 2009. Four children were recruited in Floridablanca, Pampanga to work abroad, but two of them were minors, so they were left in the house of a bar owner. The owner reported the case to authorities, but the KI has no further knowledge of what happened to them. KIs know of bars in Sta. Cruz, Candelaria, Iba, Castellejos and Subic that employ minors as GROs and most of these girls come from Visayas and Mindanao. Their ages range from 12-14. A manager was arrested but he was released after paying 200,000 pesos. A KI also knows of a cyber sex case in 2008. KIs handled 50 cases of female minors and 50 cases of male minors who came from Laguna, Batangas, Samar, Leyte and Butuan. There was even one who came from Malaysia. They were hired to become waiters/waitresses but they landed in bars. They know of tanods rescuing minors who were victims of trafficking. They know of trafficking cases filed in court.

1

2 3

4

5

6 FGD participants FGD participants

Table 14. Profile of Survivors
Age 20-30 years old – 4 31-40 years old – 2 41-50 years old – 2 51-60 years old – 0 61-70 years old – 2 Number of children No children – 1 1-3 children – 6 4-6 children – 2 7-9 children – 1 Educational attainment Elementary – 2 High school level – 2 High school graduate – 3 College level – 2 College graduate Previous work Laundry woman – 1 Vendor – 1 Cleaner – 2 Accounting clerk – 1 Domestic helper – 3 Place of origin Visayas – 3 Mindanao – 2 Luzon – 5 Current address Olongapo City

Current work Hospital utility person – 1 Unemployed – 2 Local bar girls – 2 House caretaker – 1 Barangay rescuer – 1 Streetwalker – 1 Local bar girls (waitress, food server) – 6 Cleaner – 1 OFW ( bar girl, dancer, entertainer) – 3 Vendor – 1 Laundry woman – 2
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Table 15. Profile of VAW Perpetrators
Age 25-35 years old – 1 36-45 years old – 2 46-55 years old – 0 56-65 years old – 0 66-75 years old – 1 No data – 7 Work Painter (houses/bldgs.) – 1 OFW – 1 Lifeguard – 1 Unemployed – 1 No data –1 Relationship to VAW survivor a. VAWC perpetrators Husband – 3 Live-in partner – 2 b. Traffickers Previous employer – 1 No relation – 4 No data – 1

Table 16. Nature of Violence/Duration and Frequency of Violence/Causes of Abuse
Nature of violence a. Physical abuse • Beaten • Choked • Punched • Hit with objects • Arms twisted • Threatened with a knife b. Economic abuse • Does not give money for family sustenance c. Psychological abuse • threats to kill her • stalking • womanizing - Survivor says husband’s infidelity gave her nightmares and made her hot-tempered with the children. d. Sexual abuse • Man forces survivor to have sex with him e. Verbal abuse • Insults woman, calls her “good for nothing/dependent on him” • Curses the wife Duration/frequency of violence • Since children were small until the present time – 1 • Very often – 1 • During pregnancy – 2 • Stalking after separation – 2 Duration of trafficking 1 week – 1 1 month – 1 6 months – 2 2 years – 1

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Table 17. Reaction of Survivors and Status of Cases
a) Reaction of VAW Survivors 1 looked for solutions to violence 1 left the husband for two years 5 reported violence to the police 1 left house every time husband became violent 1 fought back 1 asked help from DSWD 2 filed cases b) Reaction of trafficking survivors 1 wanted to go home 2 escaped from sex dens 1 finished contract and looked for another manager 1 got out of the bar and became a streetwalker a) Status of VAWC cases 2 did not file case 1 filed a case, withdrew, but would like to reopen it 1 filed case but no hearing yet 1 filed case, ex-husband out on bail, second hearing postponed b) Status of trafficking cases None filed a case.

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Table 18. Recommendations from LGU, Service Providers, Law Enforcers, NGOs and FGD Participants
Targets For victim-survivors For immediate family of victim- survivors a) For the judiciary/ Family Court • More prosecutors, additional Family Courts and full-time Family Court judge, so VAWC cases can be more effectively prosecuted, and cases are more quickly disposed of before victim-survivors can have change of heart • Strengthen Family Court • Add more social workers in the courts. a) For the women • Educate all women about the laws. - Start with the parents of the day care centers - Provide resource persons - Organize symposiums for women in partnership with DWSD • Continue orientations and seminars especially for mothers. • Provide more livelihood programs for women so that victim-survivors will not be afraid to leave their abusive husbands/partners. • Get more women’s organizations to address VAW. • Women should learn to fight back. • Women’s organizations in the different areas of the country should network. b) For the community in general • Educate the community on the laws. • Lessen amicable settlements. • All stakeholders should cooperate in implementing the laws. • Have follow-up mechanisms to know the status of the cases. • Provide programs that strengthen the family; participation in religious groups is seen to improve values. • Provide employment for men. • Make people more aware of trafficking. • Provide counselors for couples. • Mothers of minor victims who agree to settle cases should be penalized. c) Recommendations related to training • Training seminars for both women and men so they know their rights and how those are violated. • Give out brochures and pamphlets about the laws. • Train women to become financially independent. Recommendations for immediate responses to VAW Recommendations for long-term and continuing responses to VAW • To have funds and support system for survivors • To provide counseling

64 Surviving Violence and Trafficking

Table 19. Recommendations from the VAW Survivors
Targets For victim-survivors For the immediate family of survivors For perpetrators For other stakeholders a) For women • They should have their own sources of income so they will not be trapped in abusive relationships. • Young women should be critical of offers of high salary. b) For service providers • Conduct seminars to women so they will know their rights. c) For the judiciary • To ensure that the perpetrators are imprisoned so they will learn their lesson and other perpetrators will know that they cannot get away with their crime • To increase the bail for VAWC, so that abusers won’t easily be released and they won’t be able to harass the survivors • Train people handling VAWC cases how to deal with victim-survivors. • Conduct regular updating seminars for people handling VAWC cases. - Yearly training and seminar for the police. - Train by batches so that everybody can participate. • Provide a program for the male youth. • BHRAO needs intensive training on trafficking. • Involve men in GAD advocacy. • More GSTs for men. • Monitor men who have been given training to know how they practice what they learned. • Network with Commission on Human Rights. • Study/assess Islamic practices and identify those which do not protect the rights of women. Recommendations for immediate responses • For the judiciary to hasten the resolution of the cases so the survivors can live in peace Recommendations for long-term and continuing responses

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Annexes

List of Key Informants
Names of Key Informants Designation Bgy. West Bajac-Bajac Rafael Santulan Barangay Captain Elizabeth Tamano Barangay Secretary Ric Corpuz Tanod Wilfredo Nabur Executive Officer Conrad Hipolito Barangay Human Rights Action Officer Alberto Santos Kagawad Bgy. Gordon Heights Gingco, Edgardo R. Barangay Captain Romulo Buencamino Barangay Secretary Isagani dela Cruz Kagawad Hernando Locomora Tanod Theodorico Danugrao Kagawad Sanita Gamoz Lupon Member City Level Officials/NGOs Vice Mayor Cynthia G. Cajudo Vice Mayor Genia R. Eclarino GAD Focal Person and CSWDO Head Councilor for the Committee on Women and Councilor Elena Dabu Children Judge Consuelo Amo-Bocar Family Court Judge Atty. Ana Marie Sison Clerk of Court Senior Superintendent Oscar D. Albayalde PNP City Director Hannah Yalung PNP Women’s Desk Officer Chief Inspector Rogelio Pinones CIDG Head Francis Mercado BHRAO Federation Head Dolly Ylanan Yokubari Executive Director Jimmy Mendoza MOVE Alex Hermoso PREDA Executive Director VAW Survivors VAWC Survivor 1 VAWC Survivor 2 VAWC Survivor 3 VAWC Survivor 4 VAWC Survivor 5Trafficking Survivor 1 Trafficking Survivor 2 Trafficking Survivor 3 Trafficking Survivor 4 Trafficking Survivor 5

Annex 1

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Annex 2
List of FGD Participants
Name of Participants Batch 1 Chief Inspector Rogelio Pinones SPO1 Hannah Yalung Djoyce Dedicatoroia Aivy Cabanglan P03 Morales Gene Eclarin Elizabeth Tamano Atty. Anna Maria F. Sison Nova Codoy Elena Dabu Jane Tamano Celia Lorenzo Paciana Lamson D. Maglaywan R. Panuga Mercy Rubio Bella Dolly Yanan T.E Davis Francis Mercado Aileen Sanchez Jimmy Mendoza April Ramagas CIDG Head WCPD/ FJGSS-OCPO FJGSS-OCPO Women and Child Protection Desk PNP CSWDO Head and GAD Focal Person Barangay Secretary, West Bajac-bajac Clerk of Court, RTC Br. 73 CSWDO Councilor for the Committee on Women and Children Batch 2 Bgy. West Bajac-bajac (WBB), Admin. Staff WBB Purok Leader BUKLOD Treasurer Lupon Member, Bgy. Gordon Heights Admin. Clerk II, Bgy. Gordon Heights Barangay Rescuer BUKLOD Member Batch 3 Yokubari Executive Director Aura College BHRAO Federation Head LCDO MOVE Gordon College Designation

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Annex 3
Samples of VAWC Complaints Registered in the Logbook of Bgy. Gordon Heights
(copied from the logbook; names of victim-survivors and perpetrators as well as their addresses are blocked out to maintain confidentiality)

9/30/05 11:38 PM 865

Personal na nagsadya sa tanggapan ng Brgy. Public Safety Officer GHOC si XXXXXX F -20 Y/O, residente ng Pepsi, Filtration, Sta. Rita, O.C. upang maghain ng kaukulang reklamo kay XXXXXXX, M – 44 Y/O, residente ng XXX Simpson St., Gordon Heights, OC sa usaping pananakit (wife battering/abuse). Ayon sa may sumbong, 2 taon silang naging mag live-in partner ni XXXX. Dumulong na sa tanggapan ng Gordon Hts. BPSO noong unang sinaktan ang may sumbong at nagkaroon sila ng kasunduan na kapag sinaktan ulit si XXXXX ay magsasampa ito ng reklamo. At nito ngang ika – 30 ng Setyembre, 2005 oras humigit kumulang alas 7:00 ng gabi ay muling sinaktan ni XXXX si XXXX. Pansamantalang ide-detaine sa tanggapan ng Brgy. Hall si XXXXX for safekeeping. Pinayuhan ng BPSO si XXXXX na magpa medico-legal.

9/25/05 9:41 PM 839

Personal na nagsadya sa tanggapan ng Brgy. Public Safety Officer GHOC si XXXXX, edad 39 Y/O, residente ng XXX Santol St., Gordon Heights, O.C. upang maghain ng kaukulang reklamo laban sa kanyang asawa na si XXXXX, 43 Y/O, residente ng naturang lugar tungkol sa ginawa umano nitong pambubugbog at pambibintang na may kalaguyo umano ang maysumbong. Ayon sa maysumbong, pinagbibintangan sya ng kanyang asawa na may kalaguyo umano ito, naging dahilan ito upang saktan ng ipinagsusumbong ang maysumbong. Nangyari ito oras humigit-kumulang ng 9:00 PM, petsa 9/25/05. Sa kalsada ng Blk. XXX hanggang sa bahay nila ……

3/17/05 7:53 HRS 309

Mangyaring nagsadya sa himpilan ng BPSO GHOC si Gng. XXXXX, F, 50 y/o, residence in XXXXX, GHOC upang ireklamo si G. XXXXX m, 30 y/o, residence in XXXXX upper GHOC sa pagbabanta, panggugulo at nais niyang makipaghiwalay sa kanyang live in partner Mr. XXXX na naganap sa ika 17 ng Marso 2005, more or less 6:00 ng gabi sa # XXXXXX, GHOC ayon sa salaysay ng maysumbong di umanoy pinapabayaan sila ni G.XXXX na ukol sa suporta sa pamilya.

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Annex 4
Bgy. Gordon Heights Compliance Monitoring Report Submitted to DILG

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70 Surviving Violence and Trafficking

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Annex 5
Bgy. West Bajac-bajac Samples of Registered VAWC Complaints
(copied from the logbook of West Bajac-bajac; names of victim-survivors and perpetrators as well as their addresses are blocked out to maintain confidentiality)

Saturday (no date recorded) 08:35 P.M. Si Gng. XXXXXX, 35 taong gulang, may asawa at nakatira sa # XXXXX, WBB, OC, ay nagsadya dito sa Brgy. Hall ng WBB OC upang ipaalam ang ginawang pananakit sa kanya ng kanyang asawa sa loob mismo ng kanilang inuupahang bahay na kung kaya niya ipinaalam ang nasabing pangyayari ay upang magkaroon siya ng basehan kung sakaling ulitin pa ng kanyang asawa na saktan siya. Monday 11-19-07 11:19 A.M. Nagsadya sa Headquarters ng Brgy. Police ng WBB, O.C. sina XXXXXX may sapat na taong gulang at XXXXXX 29 na taong gulang at nakatira sa XXXXX WBB, O.C. upang ipagbigay alam ang pangyayaring pagpapakulong naming kay XXXXX may sapat na taong gulang ng nasabi ding tirahan na asawa ni XXXXXX at apo naman ni XXXXXX sa dahilang si XXXXX ay nagwawala sa kanila, sinasaktan niya at binugbog ang kanyang asawang si XXXXX, sinira pa niya at binato ang pintuan (3) ng bahay ng kanyang Lolo; na ito ay nangyari kaninang madaling araw, mga ika -3 ng madaling araw. Attested by: (signed) XXXX Sunday 10-01-08 4:00 P.M. Log # 447 Si XXXXX, 25 taong gulang ng XXXXX WBB, O.C. ay nagsadya sa Brgy. Hall ng WBB, O.C. upang magbigay alam ang pangyayaring panggugulo sa kanila ng kaniyang asawa na si XXXXX may sapat na taong gulang ng XXXXX, WBB, O.C. na ito ay maipablotter ni Gng. Xxxxxx upang maimbita si Mr. XXXXX ng maayos ang problema nilang mag-asawa. Blotter by: XXXXXX (signed: XXXXX) Ex-O-Tanod XXXXXXX (signed: Nagpa blotter)

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Annex 6
VAWC Implementation Report – Bgy. West Bajac-bajac

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74 Surviving Violence and Trafficking

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Annex 7
City Police Detailed Report on Crimes Against Women (2004-2009)

76 Surviving Violence and Trafficking

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Annex 8
Cases of Violation of R.A.s 9208 and 9262 (PREDA Foundation)

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Annex 9
VAWC Cases, Jan.-June 2009 Family Court Branch 73 Olongapo City
Status (as of June 2009) Case Number 2004 698-2004 2005 101-2005 758-2005 2006 72-2006 98-2006 103-2006 114-2006 229-2006 248-2006 625-2006 2007 69-2007 94-2007 112-2007 205-2007 219-2007 242-2007 253-2007 267-2007 268-2007 271-2007 272-2007 285-2007 Decided Dismissed Withdrawn Ongoing or pending      Provisionally dismissed  Provisionally dismissed             Archived

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Status (as of June 2009) Case Number 310-2007 312-2007 313-2007 2008 26-2008 41-2008 45-2008 66-2008 69-2008 70-2008 97-2008 100-2008 101-2008 102-2008 103-2008 104-2008 107-2008 117-2008 127-2008 131-2008 132-2008 133-2008 135-2008 136-2008 137-2008 141-2008 142-2008 154-2008 164-2008 171-2008 182-2008 185-2008 188-2008 195-2008 199-2008 200-2008 207-2008 209-2008 2009 Provisionally dismissed               Provisionally dismissed   Provisionally dismissed       Decided Dismissed        Provisionally dismissed  Withdrawn Ongoing or pending  Archived

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Status (as of June 2009) Case Number 01-2009 04-2009 05-2009 06-2009 07-2009 09-2009 10-2009 18-2009 23-2009 25-2009 30-2009 33-2009 38-2009 39-2009 51-2009 60-2009 61-2009 64-2009 68-2009 69-2009 70-2009 71-2009 79-2009 84-2009 85-2009 89-2009 94-2009 95-2009 100-2009 101-2009 102-2009 106-2009 108-2009 109-2009 111-2009 112-2009 113-2009 116-2009 117-2009 126-2009 TOTAL Decided Dismissed                                   75 cases Withdrawn Ongoing or pending Archived

1 case

12 cases

0

11 cases

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Annex 10
VAWC Cases, As of July-Dec. 2009 Family Court Branch 73 Olongapo City
Case Number Jan-June 2009 2004 698-2004 2005 101-2005 758-2005 2006 98-2006 103-2006 114-2006 229-2006 248-2006 72-2006 625-2006 2007 69-2007 94-2007 112-2007 205-2007 219-2007 242-2007 253-2007 267-2007 268-2007 271-2007 272-2007 285-2007 310-2007 312-2007 313-2007 2008 26-2008 41-2008 45-2008 66-2008 69-2008 70-2008 July-Dec 2009 Decided Dismissed Status Withdrawn Ongoing or pending    Archived

 

 

            Prov. dismissed Prov. dismissed

    

   

     Prov. dismissed

 

 

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Case Number Jan-June 2009 97-2008 100-2008 101-2008 102-2008 103-2008 104-2008 107-2008 117-2008 127-2008 131-2008 132-2008 133-2008 135-2008 136-2008 137-2008 141-2008 142-2008 154-2008 164-2008 171-2008 182-2008 185-2008 188-2008 195-2008 199-2008 200-2008 207-2008 209-2008 2009 01-2009 04-2009 05-2009 06-2009 07-2009 09-2009 10-2009 18-2009 23-2009 25-2009 30-2009 33-2009 38-2009 July-Dec 2009  Decided Dismissed Prov. dismissed

Status Withdrawn Ongoing or pending Archived

             Prov. dismissed

      Prov. dismissed   

 

     

        
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 

83

Case Number Jan-June 2009 39-2009 51-2009 61-2009 64-2009 68-2009 69-2009 70-2009 71-2009 79-2009 82-2009 84-2009 85-2009 89-2009 94-2009 95-2009 100-2009 101-2009 102-2009 106-2009 108-2009 109-2009 111-2009 112-2009 113-2009 116-2009 117-2009 126-2009 July – Dec 2009 137-2009 138-2009 138-2009 150-2009 151-2009 163-2009 166-2009 167-2009 168-2009 178-2009 181-2009 182-2009 184-2009 July-Dec 2009                          Decided Prov. dismissed Prov. dismissed Decided Dismissed

Status Withdrawn Ongoing or pending Archived      

Prov. dismissed

           

    Dismissed Withdrawn Ongoing or pending  Archived   

        

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July – Dec 2009 185-2009 186-009 192-2009 195-2009 196-2009 197-2009 206-2009 207-2009 210-2009 211-2009 232-2009 235-2009 238-2009 239-2009 240-2009 241-2009 242-2009 245-2009 247-2009 249-2009 250-2009 251-2009 256-2009 261-2009 269-2009 271-2009 272-2009 273-2009 274-2009 275-2009 276-2009 288-2009 289-2009 294-2009 296-2009 TOTAL

Decided

Dismissed

Withdrawn

Ongoing or pending    

Archived 

                              72

0

21

3

26

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Annex 11
Statistical Report on Dismissed and Archived VAWC Cases (2005-2009) Family Court Branch 73 - Olongapo City
Criminal Case Number 474-2005 581-2005 01-2006 87-2006 88-2006 159-2006 169-2006 170-2006 171-2006 172-2006 173-2006 191-2006 192-2006 193-2006 194-2006 349-2006 393-2006 397-2006 418-2006 446-2006 469-2006 482-2006 501-2006 522-2006 552-2006 583-2006 334-2006 469-2006 522-2006 584-2006 623-2006 635-2006 627-2006 27-2007 36-2007 33-2007 49-2007 57-2007 75-2007 81-2007 Status of Case Dismissed      Archived

                                  

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Criminal Case Number 82-2007 100-2007 105-2007 113-2007 231-2007 436-2006 626-2006 265-2006 266-2006 83-2007 310-2006 641-2006 642-2006 115-2007 133-2007 154-2007 217-2007 263-2007 266-2007 286-2007 308-2007 312-2007 313-2007 319-2007 320-2007 16-2008 17-2008 18-2008 39-2008 40-2008 42-2008 60-2008 61-2008 74-2008 78-2008 99-2008 105-2008 146-2008 147-2008 TOTAL

Status of Case Dismissed                                       44 cases Archived 

35 cases

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Annex 12a
Status of Trafficking Cases Family Court Branch 73 - Olongapo City
Criminal Case Number 12-2009 90-2009 91-2009 121-2009 Status Continuation of hearing – 1/20/10 Initial hearing – 2/19/10 Initial hearing – 2/19/10 Initial hearing – 1/29/10

Annex 12b
Statistical Report on TPO and PPO (Jan. 2003-Dec. 2009) Regional Trial Court (RTC) Branch 73 - Olongapo City
Case Number 13-0-2003 219-0-2005 Nature of Cases Legal separation with Prayer for Writ of Preliminary Injunction with Temporary Restraining Order Support and Custody with Prayer for Support Pendente and PPO Acknowledgment as Illegitimate Child under Art. 175 of the Family Code with Prayer for Support and Support Pendente Lite and Petition for Protection Order under RA 9262 Application for Issuance of a Protection Order Custody and Support with Prayer for TPO and Support Pending Litigation Protection Order with Application for Temporary Restraining Order Declaration of Nullity of Marriage with Application for Issuance of TPO/PPO Declaration of Nullity of Marriage with Application for Issuance of TPO/PPO Status Dismissed Dec. 16, 2009 Decided March18, 2008 Pending Trial; court hearing Reset to March 3, 2010

355-0-2005

410-0-2005 159-0-2006 82-0-2007 132-0-2007

Dismissed Decided Feb. 27, 2009 PPO issued July 16, 2007 Dismissed TPO issued on July 30, 2008; pending trial; court hearing reset to April 23, 2010

197-0-2008

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Annex 13
Cases Handled by Zambales CIDT

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90 Surviving Violence and Trafficking

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92 Surviving Violence and Trafficking

Annex 14
Executive Order No. 25 – Creating the Anti-Indecency Board

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94 Surviving Violence and Trafficking

Annex 15
Ordinance No. 102 – Curfew Hours for Minors

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96 Surviving Violence and Trafficking

Annex 16
Ordinance No. 78 – Rules and Regulations to Govern the Operation, Licensing and Supervision of all Computer-related Establishments

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98 Surviving Violence and Trafficking

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100 Surviving Violence and Trafficking

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Annex 17
Ordinance No. 79 – Defining and Penalizing Online Pornography

102 Surviving Violence and Trafficking

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104 Surviving Violence and Trafficking

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106 Surviving Violence and Trafficking

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Annex 18
Ordinance No. 69 – Providing for a City Gender and Development Code

108 Surviving Violence and Trafficking

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110 Surviving Violence and Trafficking

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112 Surviving Violence and Trafficking

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114 Surviving Violence and Trafficking

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116 Surviving Violence and Trafficking

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118 Surviving Violence and Trafficking

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120 Surviving Violence and Trafficking

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122 Surviving Violence and Trafficking

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124 Surviving Violence and Trafficking

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126 Surviving Violence and Trafficking

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128 Surviving Violence and Trafficking

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130 Surviving Violence and Trafficking

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132 Surviving Violence and Trafficking

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Annex 19
Ordinance No. 26 – Creating a Joint Local Inter-agency Council for Anti-trafficking and Anti-VAWC

134 Surviving Violence and Trafficking

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136 Surviving Violence and Trafficking

Annex 20
Ordinance No. 51 – Addressing the System of Prostitution, Imposing Penalties on the Perpetrators, Providing Protective Measures and Support for the Prostituted Persons

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138 Surviving Violence and Trafficking

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140 Surviving Violence and Trafficking

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142 Surviving Violence and Trafficking

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144 Surviving Violence and Trafficking

Annex 21
Ordinance No. 29 – Adopting R.A. 9208 and Its Implementing Rules and Regulations

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146 Surviving Violence and Trafficking

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148 Surviving Violence and Trafficking

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150 Surviving Violence and Trafficking

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Annex 22
Resolution No. 143 – Supporting the Anti-obscenity and Pornography Act of 2004

152 Surviving Violence and Trafficking

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154 Surviving Violence and Trafficking

Annex 23
Resolution No. 144 – Supporting the Passage of House Bill 4613, “An Act Defining the Crime of Child Pornography”

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156 Surviving Violence and Trafficking

Annex 24
Resolution No. 145 – Supporting House Bill 4575, “An Act Penalizing Online Child Pornography”

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158 Surviving Violence and Trafficking

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Annex 25
Resolution No. 31 – Urging the LGUs to Call for Advocacy to Uplift Women’s Rights and Dignity

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Annex 26
Resolution No. 98 – Supporting the Local MOVE in Olongapo City

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164 Surviving Violence and Trafficking

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Annex 27
Resolution No. 22 – Declaring March 2000 as International Women’s Month

166 Surviving Violence and Trafficking

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Annex 28
List of Participants - Research Validation Workshop April 20, 2010 / 9 a.m.-2 p.m. / Aristocrat Restaurant, SBMA, Olongapo City
Name Mely Zande Calba Alex Hermoso Isagani D. Dela Cruz, Jr. Mavic P. Baviera Elsa Gonzaga Francis Mercado SP03 Jose Acera Atty. Anna Maria F. Sison Fina Marabe Maranun Gene Eclarin Nova N. Codoy P1 Maila Maramag SPO1 Johanna Yalung Elizabeth Tamano Conrad Hipolito Brenda Moreno Mary Ann ValerioTorralba Gloria D. Reyes April M. Donagas Alma G. Bulawan Aivy Cabanglan Edna Dela Cruz Lilian Pimentel Donna Ete Cristina Buenaflor Alpha Allanigui Damcelle Torres Reena B. Marcelo Aida Santos-Maranan Jesusa Surla PREDA Bgy. GH Council City Vice Mayor’s Office BUKLOD BHRAO CIDG RTC, Br. 73 PREDA CSWDO CSWDO PNP-OCPO PNP-OCPO Bgy. WBB Council Bgy. WBB Council BUKLOD Yokubari Foundation SK City BFED Gordon College BUKLOD CC WEDPRO WEDPRO WEDPRO WEDPRO WEDPRO WEDPRO WEDPRO WEDPRO WEDPRO Organization Designation License Officer Executive Director Kagawad Legislative Staff Officer Vice President President OIC, Sub-Officer Clerk of Court Documentation Officer SCWDO SWD-III Chief, WCPD/FJGSS WCPD PNCO Bgy. Secretary BHRAO Assistant Program Director Legislative Staff Admin. Staff President Secretary of Councilor Elena Dabu Quezon, City Quezon, City Quezon, City Quezon, City Quezon, City Board Member Board Member Project Manager Board Member Angeles City Address Business Permit Office Olongapo City Bgy. Gondon Hts., Olongapo City Olongapo City Hall Olongapo City BBOL Eba, Zambales Hall Of Justice O,C Olongapo City CSWDO-Olongapo Camp Cabal, OC Camp Cabal, OC Bgy. West BajacBajac WBB 254 Rizal No. 16 4th st. West Tapirac, OC No. 4422 Tabacunan, OC Olongapo City Bgy. West BajacBajac City Council 0927-863-6904 426-74-79 426-74-79 426-74-79 426-74-79 426-74-79 0917-545-6105 05-426-7479 047-222-5173 222-5173 0921-527-7328 224-6006 0927-994-0473 0918-664-2392 0920-289-0168 Contact Number 222-2553
preda/ex@info.com.ph

0908-787-4025 0917-512-0755 223-5826 0919-400-0650 0908-208-5399 0928-353-1301 0920-281-7310

Q,C Q,C Q,C A.C

168 Surviving Violence and Trafficking

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