Women’s Access To Justice: Barriers To Seeking Support In

Relation To Republic Act 9262 “Anti-Violence Against Women

And Their Children Act Of 2004”

Perez, Jane C.
University of Batangas
College of Law
April 2023
 CHAPTER I

INTRODUCTION

A. Background of the Study

In the Philippines, violence against women (VAW) in all its forms—

physical, psychological, and sexual—remains pervasive.1 Women are one of

the most susceptible to violence. Most of them have experienced or still

experiencing the darkness and evil that constitutes thereof.

Violence can take various forms, including physical, sexual,

psychological, and economic violence2. In People v. Genosa (G.R. No.

135981), a wife who had endured verbal, emotional, and physical abuse at

the hands of her husband was charged with murder; nevertheless, because

she was unable to establish the presence of Battered Women Syndrome

(BWS), she was found guilty. Additionally, a wife in Garcia v. Drilon (G.R.

No. 179267) who was economically impoverished by her husband brought a

lawsuit against him for breaking RA No. 9262.

1
BREAKING THE SILENCE, SEEKING JUSTICE IN INTIMATE PARTNER VIOLENCE IN THE
PHILIPPINES A Review on the Implementation of Republic Act 9262 Or the Anti-Violence against
Women and their Children Act of 2004.
2
A Descriptive Study of Women Who Experience Violence in Silay City. Alan Jed Chua, Kathyrine Dizon and
Alyn Sany Marie Pajantoy. https://legalresearchph.com/2021/04/17/a-descriptive-study-of-women-who-
experience-violence-in-silay-city/
 Similar to other Asian Nations, Filipino women are suppressed by a

patriarchal system that emphasizes male control in the family structures and

larger social organizations.3 Economic abuse is widespread and highly

ignored because traditionally, Filipino males are the heads of the home and

the breadwinners and women are viewed as subordinate giving a high

acceptance of justifiable wife beating. Most women are expected to be

selfless and sacrifice their protection and safety to uphold their families'

reputation, few of them seek assistance which results to culture of victim-

blaming, defying gender norms that encourages objectification, shame,

remorse, and even the justification of violence.4

Among the Western Pacific nations, the Philippines has one of the

highest rates of gender equality.5 Nonetheless, the societal context is clearly

lagging behind: one in every four Filipino women has experienced gender-

based violence, and 41% of victims do not seek help. 6 Numerous barriers

3
University of the Philippines Center for Women's and Gender Studies Special issue on gender and
populism in the Philippines. Review of Women's Studies. 2020;29(2)
4
University of the Philippines Center for Women's and Gender Studies Special issue on gender and
populism in the Philippines. Review of Women's Studies. 2020;29(2)
5
World Economic Forum. Global Gender Gap Report 2021. Mar 30, 2021.
6
Philippine Statistics Authority. Philippines National Demographic and Health Survey. 2017.
https://psa.gov.ph/sites/default/files/PHILIPPINE%20NATIONAL%20DEMOGRAPHIC%20AND%
20HEALTH%20SURVEY%202017_new.pdf.
stand in the way of victims of violence against women in acquiring help,

despite the existence of laws and a substantial local anti-violence against

women movement. In the end, it is the economic, sociopolitical, and cultural

systems in the Philippines that prevent violence against women victims from

seeking support.7

Intimate partner and sexual violence are not inevitable—their levels vary

over time and between places because of a variety of social, cultural,

economic, and other factors. This can result in substantial differences

between and within countries in the prevalence of intimate partners and

sexual violence.

Access to justice is one of the fundamental rights protected by Article 8

of the Universal Declaration of Human Rights 8, states—"Everyone has the

right to an effective remedy by competent national tribunals for acts

violating the fundamental rights granted to him by the constitution or by

7
Violence against women in the Philippines: barriers to seeking support.
8
Access to justice is a fundamental right guaranteed by the international human rights instruments such as
the
Universal Declaration of Human Rights as well as the International Convenant on Civil and Political Rights
and the
International Covenant on Economic, Social and Cultural Rights.
law." According to a study on women's access to justice 9, the following

overlapping barriers exist—gender insensitivity of the legal system,

stigmatization and re-victimization, economic and cultural barriers, system

inefficiency, corruption, and the perceived impunity enjoyed by perpetrators

of violent acts against women. As a result, the incidence of violence against

women becomes more common.

Gains in formalizing equality have been made possible by the passage of

several women-friendly laws, particularly those that address violence against

women, thanks to the critical engagement of women's movements in the

Philippines with the law and the legal system.

After so many instances that in some manner unfairly condemned women

and the efforts of all the groups that helped push through with them, the RA

No. 9262, an act that penalizes those who have perpetrated violence against

women and their children, was ultimately implemented. After numerous

cases in which women were wrongfully convicted and the campaigns of all

the organizations that helped push through the law that can create a barrier

9
The women’s access to justice (ATJ) study was borne out of the Women’s Legal and Human Rights
Bureau’s 2010 research on Mapping of Domestic Legal Remedies on Violence against Women. Id.
between the female victims of violence and the abusers, the RA No. 9262,

an act that penalizes those who have committed violence against women and

their children, was finally passed.

Many women voiced doubt about the laws' ability to protect them and

guarantee them access to justice and services, notably RA 9262. Women

voiced concerns about whether government authorities will take their

allegations of abuse by intimate partners seriously or if they will be believed

when they make them. When the abuse became a threat to their existence, or

when they and/or their children were already in danger, the women

interviewed only reported the abuse to the authorities.

For access to justice for women to exist, both the components of access

to justice (5 aspects) and the environment that facilitates access to justice

must be present. The passing of legislation does not mean that VAW victims

have received justice. The political, economic, social, and cultural

circumstances and situations that enable and empower women to access

justice in cases of assault are also considered by access.

 Women access to justice in cases of violence against women and their

children (VAWC) has been observed that being economically independent

and empowered, protection orders, support services, custody of children and

support is the main concerns of women-survivor10. Financial independence is

one of the main challenges under the VAWC Act.

“Republic Act 9262 or the Anti-Violence against Women and Their

Children Act of 2004”

Republic Act 9262 is a result of the vibrant advocacy on women’s

human rights in the country. Defined under this Act 11 is violence against

women and their children as to any act or a series of acts committed by any

person against a woman who is his wife, former wife, or against a woman

with whom the person has or had a sexual or dating relationship, or with

whom he has a common child, or against her child whether legitimate or

illegitimate, within or without the family abode, which result in or is likely

to result in physical, sexual, psychological harm or suffering, or economic

10
Unveiling Justice: Women’s Access to Justice in the Philippines.
https://genderit.org/sites/default/files/wlb_submission_to_the_upr_2011_0.pdf
11
https://lawphil.net/statutes/repacts/ra2004/ra_9262_2004.html
abuse including threats of such acts, battery, assault, coercion, harassment or

arbitrary deprivation of liberty.

The premise of VAWC acknowledged that women are susceptible to

abuse by their intimate partners in a variety of contexts. In order to

acknowledge the reality of intimate partner violence in lesbian relationships,

the legislation does not also identify the gender of the abuser12.

The term "violence against women" (VAW) was used in the law's title

in a specific context, i.e., to refer to abuse of women by an intimate partner.

On the other hand, VAW monitoring organizations like the National

Statistical Coordination Board (NSCB) and the Philippine National Police

(PNP), VAW is defined roughly by the following international standards:

"...any act of gender-based violence that causes, or is likely to cause,

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 in private life. It covers all types of violations of

12
3 In general, Philippine laws are silent on the gender-specific issues of the lesbians, gays, bisexuals,
transgender and queers (LGBTQ), particularly their discrimination in society. An anti-discrimination bill has
been filed in Congress.
women's rights, such as intimidation, retaliation, exploitation, harassment,

and other forms of restraint13.

Republic Act 9262 is seen as a landmark triumph for women because

many of its provisions are founded on women's fundamental right to be free

of discrimination and abuse, even in intimate relationships. Notably,

domestic abuse against women by intimate partners is considered a public

offense under this Act. Moreover, it included, among other things, better

community structures to deal with domestic violence situations and quick

legal remedies for abuse victim-survivors in the form of protection orders,

redress for harm endured, and more14.

One of the organizations that advocated the passing of this

legislation was Women Working Together to Stop Violence Against Women

(WWTSVAW)15. Many of the provisions of the legislation are founded on

the unalienable right of women to be free from discrimination and abuse,

even in personal relationships, hence they are viewed as important victories

13
5 NSCB Gender and Development Glossary of Terms (www.nscb.gov.ph)
14
https://genderit.org/sites/default/files/wlb_submission_to_the_upr_2011_0.pdf. 2009
15
The Women Working Together to Stop Violence (WWTSVAW) is a network of 10 non-government
organizations which came together to work on the issue of VAW. Amnesty International – Philippines is
currently the secretariat of WWTSVAW.
for women. The statute designated intimate partner abuse against women as

a public offence. The law included, among other things, improved

community structures to deal with situations of domestic violence,

recompense for abuse experienced, and prompt legal relief for abuse victim-

survivors in the form of protection orders.

The Anti-Violence Against Women and Their Children (VAWC) Act

gave women who had been mistreated by intimate relationships additional

choices. Prior to the Anti-VAWC Law16, several types of physical,

psychological, and sexual abuse were already illegal in the Philippines.

This law emphasized and addressed how particularly susceptible

women are to being mistreated by their intimate partners.

The anti-VAWC statute required nearly ten years of policy work to

pass. Two problems came up during the final discussions of the legislation:

"discrimination against men" and a detrimental impact on family relations.

16
VAW-related laws enacted prior to 2004, and are used to prosecute intimate partner violence cases
included the following: Republic Act 7877 or the Anti-Sexual Harassment Law (1996), Republic Act 8353 or
the Anti-Rape Law (1998). The Revised Penal Code (1938) also defined the crimes of parricide, homicide,
murder, grave threats, unjust vexation, acts of lasciviousness, adultery and concubinage, among others,
that were used against abusive partners. The Family Code (1988) provisions on marriages, ownership of
common or community properties, support and parental authority and children’s custody have also been
used in civil cases. In addition to criminal cases, there were also national policies and institutional
mechanisms already in place mandating provision of gender-sensitive support services to VAW victim-
survivors prior to 2004.
According to allegations, the draft bill discriminated against males and went

against the Philippine Constitution's equal protection clause17.

For women who were subjected to physical, psychological, and sexual

abuse by their spouses, common-law partners, boyfriends, or girlfriends, the

Anti-VAWC Law held out a lot of hope. However, the accounts of intimate

partner violence given by survivors who approached the government

and non-government institutions serve as sobering reminders that, to protect

women from assault and safeguard their rights, it is one thing to have a law

and quite another to properly enforce its provisions.

In view of the foregoing, this study aims to assess the issues and

difficulties that are encountered by women-survivor in relation to the law

that protects women in violence—RA 9262. Also, this study seeks to

provide a comprehensive overview of the implementation of Republic Act

9262 through an analysis of the Constitution, relevant laws, court decisions,

doctrines, deliberations of the framers of the constitution and other

documents necessary.

17
Women’s Legal Bureau for Sama-samang Inisyatiba ng Kababaihan sa Pagbabago ng Batas at Lipunan
(SIBOL), “Answers to the Points of Resistance to the Anti-Abuse of Women in Intimate Relationships”
(n.d.)
 The study's conclusions are intended to have an impact on present

legislation and serve as a foundation for a review of Republic Act 9262. As a

result, the analysis aims to provide data for the purposes of future

amendments regarding the matter. Moreover, this study shall have positive

implications for other countries that are have existing laws regarding

violence against women (VAW).

B. Statement of the Problem

This study seeks to explore the following research questions:

1. What are the gaps and difficulties encountered in Republic Act 9262

and its implementation?

2. What are the barriers that hinders women-survivor encounters from

seeking support and help in the existence of laws and a substantial

local anti-violence against women movement?

3. What are constitutionality challenges of the Anti-Violence Against

Women and Their Children Act of 2004?

 This study intends to provide a comprehensive understanding of the

barriers that hinders women victims of violence from seeking support and

help by answering the aforementioned research questions, as well as to

contribute to the existing studies and laws regarding the subject matter.

C. Significance of the Study

Despite combined efforts from the government and non-governmental

organizations (NGOs), VAWC is still rampant. Among women aged 15 to

49, one out of four reported having suffered physical or sexual violence in

the 12 months preceding the National Demographic and Health Survey

(NDHS) in 2017.18

This study has substantial implications for the legal, social, and cultural

facets of the Philippines' legislation regarding violence against women. The

study is intended narrow down the impediments that impede women victims

of abuse from seeking justice by contributing to an increased understanding

of the matter.

18
Philippine Commission on Women, 2019
 Correspondingly, the findings of this study shall contribute to

addressing existing legal issues in the Philippines concerning women's

access to justice under Republic Act 9262. The data acquired in this study

can potentially be utilized as a resource by attorneys, scholars, and activists

working on VAWC concerns and gaps. Furthermore, legal research and

insights from the study can help and impact legal strategies and arguments in

court cases regarding women's access to justice in accordance with RA

9262.

D. Scope and Delimitation

The purpose of this study is to assess the gaps and difficulties that are

encountered by women-survivor in relation to the law that protects women

in violence in the Philippines. Thus, the following scope and

delimitations are considered.

This study will concentrate on the barriers that hinders women victim of

violence from seeking support and the gaps and difficulties encountered by

women in access to justice in terms of RA 9262. The research will tackle the
perspectives of legal experts, legislators, and civil society organizations on

the Republic Act 9262.

E. Definition of terms

Abuse. The act of physical or non-physical misuse or maltreatment or use or

treatment to injure, hurt, or damage.

Domestic abuse. A pattern of coercive tactics that are used to gain and

maintain power and control in an ongoing, familiar relationship.

Economic Violence. This refers to acts that make or attempt to make a

woman financially dependent.

Intimate relationship. This means a relationship between spouses, former

spouses, past or present unmarried couples, or persons who are both the

parents of the same child regardless of whether the persons have been

married or lived together.

Physical Violence. This refers to acts that include bodily harm.

Psychological Violence. This refers to acts or omissions causing or likely to

cause mental or emotional suffering of the victim such as but not limited to
intimidation, harassment, stalking, damage to property, public ridicule, or

humiliation, repeated verbal abuse and mental infidelity.

Sexual Violence. This refers to an act which is sexual, committed against a

woman or her child.

Violence against women and their children. This term refers to any act or a

series of acts committed by any person against a woman who is his wife,

former wife, or against a woman with whom the person has or had a sexual

or dating relationship, or with whom he has a common child, or against her

child whether legitimate or illegitimate, within or without the family abode,

which result in or is likely to result in physical, sexual, psychological harm

or suffering, or economic abuse including threats of such acts, battery,

assault, coercion, harassment or arbitrary deprivation of liberty.

 CHAPTER II

METHODOLOGY

A. Research Design

This study will employ a case study approach which sought to underline

the gaps and difficulties encountered by women survivor and the barriers

that hinders women-survivor encounters from seeking support and help

towards RA 9262. Case study research, which is often associated with

qualitative research, is an effective tool for studying complicated topics in

real-world settings. This strategy is most often utilized when it's important to

understand a topic, event, or phenomena in-depth and in the context of

actual-life events.19 In addition, case study approach, in terms of scope has

an in depth investigation of the research topic within its real-life context. In

this research, a case study approach is deemed to be appropriate as it

involves a detailed and intensive analysis of a real-life situation or event.

The foregoing research approach will be used in this study to give a

thorough knowledge of the challenges and gaps that impact women's access

to justice, as well as the barriers that prevent women victims of violence

from seeking support and assistance. To develop a thorough and in-depth

understanding, this study will be collecting data from other studies,

academic papers, interviews, surveys, and legal sources that tackles RA

9262 and other related topics.

This study approach will be used to explore the legal and constitutional

aspects of women victimized by violence's access to justice. Additional

insights into what gaps and challenges exist that restrict women's access to

justice regarding RA 9262 will be established and completely characterized

using this study technique.20

19
Crowe, S., Cresswell, K., Robertson, A. et al. The case study approach. BMC Med Res Methodol 11, 100
(2011). https://doi.org/10.1186/1471-2288-11-100
20
Crowe, S., Cresswell, K., Robertson, A. et al. The case study approach. BMC Med Res Methodol 11, 100
(2011). https://doi.org/10.1186/1471-2288-11-100
 B. Data Gathering Procedure

The preceding study strategy employs numerous data gathering

procedures, and data are gathered from a variety of sources. Data collecting

methods include surveys, research, and pertinent documents (Yin, 2014) 21.

The use of numerous data gathering techniques and sources increases the

credibility of findings and allows for the inclusion of alternative

interpretations and implications in data analysis22.

Data gathering procedure through this approach involves a detailed

contextual analysis of several data23. Moreover, this will provide a basis for

the application of ideas and extension of methods. It will help the researcher

to understand the complex issue underlying the topic discussed in this study

and add strength to what is already known through previous research.

21
Graeme Shanks, Nargiza Bekmamedova, in Research Methods (Second Edition), 2018
22
Case study research in information systems
Graeme Shanks, Nargiza Bekmamedova, in Research Methods (Second Edition), 2018
23
Statistics - Data collection - Case Study Method -
https://www.tutorialspoint.com/statistics/dc_case_study_method.htm#
 CHAPTER III

RESULTS

This chapter presents the results of the study according to the research

questions posed alongside the Philippines Laws, Republic Act 9262 in

particular and other legal documents that are necessary to answer the

problems raised in the study.

I. Gaps and difficulties encountered in Republic Act 9262 and its

implementation.

1. Lack of specific appropriation in the law

The lack of specific appropriation in the law for training of police,

social workers, prosecutors, and other government personnel, as well as

support services for poor women such as free legal aid, temporary shelter,

services for their children, and provisions for their sustenance or livelihood

during litigation, is a major impediment encountered in the implementation

of Republic Act 916224. It is provided in Section 45 of the Republic Act

9262. that the amount shall be included in the annual General

Appropriations Act, and the Gender and Development Budget (GAD) of the

mandated agencies and local governments shall be used to implement

services for victims. This proved to be a crucial gap, given that while

national agencies have a GAD budget of 5% of their total budget, the

elimination of VAW and training of government personnel, as well as

support services for victims of VAW, are not a priority. Inadequate training

funding is certain to have a detrimental effect on the quality and

effectiveness of police services, social welfare and development services and

programs, and the responsiveness of prosecutors in the Department of

Justice as there is no systematic and comprehensive training on the Anti

VAWC Act and gender-sensitivity seminars for police personnel, social

workers and prosecutors25.

Corresponding to RA 9262, victims and survivors are "entitled to

support services" and will be given the money they need to do so 26.
24
Guanzon RV. Laws on Violence Against Women in the Philippines, in Expert Group Meeting on good
practices in legislation on violence against women . ; 2008.
25
Guanzon RV. Laws on Violence Against Women in the Philippines, in Expert Group Meeting on good
practices in legislation on violence against women . ; 2008.
26
RA 9262, Section 45. Funding
However, when such services are unavailable to or inaccessible to women,

the legal provisions become meaningless. Women who are being mistreated

by intimate partners have little options when the state fails to provide

assistance, and some may be forced to remain in the violent situations since

there are no other workable alternatives. This is particularly obvious among

underprivileged mothers who worry that they won't be able to support and

educate their children on their own.

According to a senate investigation on the use of GAD shows that the

allocation of public resources for gender is inconsistent and unreliable. The

largest drop occurred between 2003, when allocation reached PhP4.7 billion,

or five times its value in 2002, and 2007, when it was less than a billion

pesos, or Php951.7 million.20 To P6.5 billion, it increased the policy started

to be implemented in 2006, but in 2010 it fell to roughly the same level. The

GAD allocation hasn't even reached 1% of the national government's overall

budget in the 15 years since it was first put in place27.

27
Senate Economic Planning Office. Policy Brief. “Engendering a gender responsive budget: A look at the
GAD Budget policy.” March 2010. < http://senate.gov.ph/publications/PB%202010-03%20-
%20Engendering%20a%20gender%E2%80%90responsive%20budget.pdf
 Making women's right to be free from violence a reality requires the

Philippine state to commit finances for the programs and to offer urgent and

crucial assistance to battered women. When women avoid therapy and

education, fail to comprehend the nature and reasons of gender-based

violence, or are blamed by others for the abuse, their silence is reinforced.

Lack of support services deters women from contacting government

agencies with their issues, especially because some have stated that they had

not reported abuse for several years because they felt that no one would pay

attention to and take seriously their concerns.

2. Costly, lengthy litigation and corruption in the Judiciary and

Prosecution Service.

According to data gathered by WWTSVAW, women who suffered

violence from intimate relationships rarely consider bringing charges against

the abuser a top priority. Victim-survivors may not have the resources to

appear in court for a lengthy period of time since the legal process is

expensive. The women who are the victims and survivors of physical abuse

typically leave their houses and put finding safe places to stay first, as well
as making arrangements with their employers and children's schools.

Women's decision to leave or remain in an abusive relationship is heavily

influenced by their economic dependency on the abuser.

The women's quest for justice is hampered by the undue delays28 in

the legal systems. Legal counsel for female victims and survivors of

domestic abuse identified a number of issues that contribute to the

lengthening of the legal procedure, including unfair court procedures, a

narrow interpretation of RA 8262, challenges in obtaining court cost

waivers, and systemic corruption29.

The delay in case resolution at both the prosecutors' level and in the courts,

which may be expensive and time-consuming, is also one of the crucial gaps

encountered in the implementation of RA 9262. Years after the Anti-VAWC

Act was passed, women's human rights attorneys and female litigants

continue to express their displeasure with some judges' lack of gender

28
Backlogs in the criminal justice system are often attributed to the limited staffing and huge caseloads in
the institutions. Other factors identified are budgetary constraints, lack of facilities and technology (in the
case of investigating bodies) and delays in the courts. (UNDP, Supreme Court of the Philippines, and the
Program Management Office, The Other Pillars of Justice Through Reforms in the Department of Justice:
Diagnostic Report (June 2003) and Medium-Term Development Plan for the Criminal Justice System
(2007-2010) (December 2006) ).
29
The issues raised in this section were largely drawn from the SALIGAN study “Strengthening Responses
to Violence against Women: Overcoming Legal Challenges in the Anti-Violence against Women and Their
Children Act” (n.d.). 110 SALIGAN (n.d.)
sensitivity, the corrupt practices of the judicial and prosecutorial systems,

the ignorance of the law and lack of gender sensitivity on the part of many

police officers, as well as the high cost of litigation and the length of the

proceedings30. Another factor why it is costly to seek justice for women-

survivor of domestic violence is because there is no national legal aid

program for cases like this. The Department of Social Welfare and

Development has the responsibility for providing support services for

victims, however it lacks funding for legal assistance and support services

for women and their children and this is still proved to be a detrimental gap

in the implementation of RA 9262. 

The Philippine government's most direct attempt to end prejudice against

women is RA 9262, a law that makes intimate partner abuse against women

illegal. The Anti-VAWC Law is based on the idea that men and women have

equal rights, and it offers assistance and protection for women while also

punishing those who commit acts of violence. Despite RA 9262, the Women

Working Together to Stop Violence Against Women (WWTSVAW)

gathered data on the various Philippine state institutions' shortcomings in

30
Guanzon RV. Laws on Violence Against Women in the Philippines, in Expert Group Meeting on good
practices in legislation on violence against women . ; 2008.
upholding and enforcing women's rights against discrimination, particularly

in the areas of violence against women by intimate partners and prevention,

investigation, and punishment.

The executive and judicial arms of government have both been accused

of discriminating against female victims and survivors of assault. The Anti-

VAWC Law was passed in 2004 with the intention of protecting women

from the abuse of intimate partners, facilitating their access to justice, and

ensuring their legal equality with males. More than four years later, it has

not yet achieved these goals.

II. Barriers that hinder women-survivors from seeking support

and help in the existence of laws and a substantial local anti-

violence against women movement.

1. Economic and cultural barriers

The prevalence of violence against women continues to rise.

According to government statistics, 20% of women between the ages of 15

and 49 have suffered physical violence, and 8.7% of those same women, or

almost one in ten, have experienced sexual violence. Both types of violence
against women are committed by intimate partners31. Filipino women are

subjected by a patriarchal system that emphasizes male domination in family

structures and wider social organizations, like other Asian nations.

Economic abuse is widespread in situations of violence against women

because conventionally Filipino males are the home heads and breadwinners

and women are viewed as subservient and a result, there is a relatively high

acceptance of justifiable wife beating32. In cases with VAWC, the Filipino

culture's emphasis on the family can appear very detrimental. Women are

frequently deterred from leaving violent marriages by the social shame of

having a shattered family, of bringing legal action against their husbands,

and of leaving the family home33. It also doesn't help that society and

religion expect the wife to be more forgiving and patient since they convey

the idea that it is women's fate to suffer and bear pain in quiet.

Women victim-survivors of violence also informed WWTSVAW of

various factors that reinforce

31
National Statistics Coordination Board. http://www.nscb.gov.ph
32
University of the Philippines Center for Women's and Gender Studies Special issue on gender and
populism in the Philippines. Review of Women's Studies. 2020;29(2) Accessed 29 January 2022.
33
Guanzon RV. Laws on Violence Against Women in the Philippines, in Expert Group Meeting on good
practices in legislation on violence against women . ; 2008
 their silence or hesitance to report abuse. The factors are: women were

blamed when abuse occurs; pressures from the women’s family and the

communities “to make the intimate relationship work” or “to keep the

relationship for the sake of the children”; the women are overwhelmed by

the abuse which prevents them from considering more strategic actions

against violence; because the abuse occurs within the context of marriage,

cohabitation or some form of intimate relationship, the women think that the

solution is private and must be worked out by the partners.

2. Financial independence and empowerment

In VAWC cases34, the woman survivor's biggest concern is often not

the accused's detention or conviction but rather more on custody of children

and support and  being economically independent and empowered. Often

Filipino women are in a financial dependent marriage or relationships as

traditionally, Filipino men are household heads and breadwinners of the

34
“Under RA 9262 or the Anti-Violence Against Women and their Children Act, “violence against women
and their children” refers to any act or a series of acts committed by any person against a woman who is
his wife, former wife, or against a woman with whom the person has or had a sexual or dating
relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate,
within or without the family abode, which result in or is likely to result in physical, sexual, psychological
harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment
or arbitrary deprivation of liberty.”
family35. Financially dependent relationships are relationships where one

partner has an unstable or low income and insufficient savings (Zapata,

2022). Financially dependent relationships are detrimental, through and

through. Women are proved to be in a fragile position when they are heavily

dependent on their partner's financial support. This doesn't only impact the

person's self-esteem; it can also lead to financial instability in cases of

divorce, problems with health, or the death of [a] partner 36. The main

concern for many women is her act of filing charges against her former

intimate partner, wherein one should be able to stand on her own and to

support her children. Women-survivor refuse to leave an abusive husband

because of their financial dependence on their husbands, thus the question:

“how will I be able to raise my children?” or “how will we survive if we

leave?” are the most detrimental challenge under RA 926237.

35
Valdez IKM, Arevalo MVPN, Robredo JPG, Gacad SLS, Villaceran MAJ, Libang GR, Dela Paz EP, Rubin
KSTA, Eala MAB. Violence against women in the Philippines: barriers to seeking support. Lancet Reg
Health West Pac. 2022 May 3;23:100471. doi: 10.1016/j.lanwpc.2022.100471. PMID: 35542896; PMCID:
PMC9079295.
36
How to Leave a Financially Dependent Relationship. Kimberly Zapata, 2022.
https://www.realsimple.com/work-life/money/financially-dependent-relationship
37
Breaking the Silence, Seeking Justice in Intimate Partner Violence in the Philippines. Women Working
Together to Stop Violence against Women; 2009.
 III. What are the constitutional challenges of the Anti-Violence

Against Women and Their Children Act of 2004?

It is landmark case of Garcia v. Drilon 38 that challenged the

constitutionality of R.A. 9262. This is a petition filed by a Jesus C. Garcia in

the Supreme Court attacking the constitutionality of the Anti-Violence

Against Women and Their Children Act of 2004 on the grounds that it

violates the Equal Protection Clause because it protects the rights of women

only39. The Supreme Court ruled that the law does not violate the guarantee

of equal protection of laws because there are simply substantial distinctions

between and among women, children, and men 40. It is expected that the

Supreme Court's decision in this petition would eradicate the arguments that

are still used to undermine the force of the law and provide us with the

jurisprudence that women need to combat gender inequality and stop

violence against women.

The enactment of the legislation does not imply that violence against

women victims have been accorded justice. The political, economic, social,
38
Garcia v. Drilon, G.R. No. 179267, 25 June 2013.
39
Guanzon RV. Laws on Violence Against Women in the Philippines, in Expert Group Meeting on good
practices in legislation on violence against women . ; 2008.
40
https://lawreview.ust.edu.ph/a-basis-to-revisit-republic-act-9262/
and cultural contexts and circumstances that enable and empower women to

access justice in cases of assault should be in access and taken into account

for women to access justice in cases of violence.

CHAPTER IV

CONCLUSION AND RECOMMENDATION

This chapter explains the significance of the results discussed. This

section will present the interpretation of the results and discuss their
implications, thereby establishing the practical and scholarly significance of

the present study.

I. CONCLUSION

In the Philippines, violence against women is an issue that's becoming

increasingly prevalent. The prevalence of violence against women is

insufficiently recognized, but the data that is obtained indicates that there are

several factors that hinders women from seeking support in relation of RA

9262. This study answers the two main research questions; 1) What are the

gaps and difficulties encountered in Republic Act 9262 and its

implementation? 2) What are the barriers that hinders women-survivor

encounters from seeking support and help in the existence of laws and a

substantial local anti-violence against women movement?

The country has several laws and services to address Violence Against

Women and Children. However, there are several factors that have an impact

on how violence against women victims seeks out assistance and can operate

as gaps encountered in Republic Act 9262 and its implementation. This

makes it complex to comprehend the whole extent of the issue throughout

the whole country.

1) Lack of specific appropriation in the law has proved to be a crucial

gap as there is no systematic and thorough training on the Anti VAWC Act

for law enforcement, social workers, and prosecutors. The quality and

efficacy of police services, social welfare and development services and

programs, as well as the responsiveness of prosecutors in the Department of

Justice, will undoubtedly be impacted by the absence of funding for training.

Budget has been a perennial problem in the country and has been constantly

deemed as the cause of inadequate (totally absent) services, incompetence of

those in authority, and the overall ineptitude of systems to address violence

against women. 2) Costly, lengthy litigation and corruption in the Judiciary

and Prosecution Service and the delay in case resolution at both the

prosecutors' level and in the courts has proved to be a crucial gap

encountered in the implementation of RA 9262. Women's human rights

attorneys and female litigants conveys their displeasure with the corrupt

practices of the judicial and prosecutorial systems, the lack of gender

sensitivity on the part of some judges, the high cost of litigation, the length
of the proceedings, and the ignorance of the law on the part of many police

officers. It is apparent that the government lacks emphasis on women's

rights, and this is reflected systematically in the complex referral processes,

fragmented documentation systems, and the lengthy legal system.

Despite legislation and a strong local anti-violence against women

movement, there are various aspects of the Philippine culture that act as

barriers that impede women survivors from seeking support and assistance.

1) In the economic and cultural barriers, Filipino women are subjected

by a patriarchal system that emphasizes male domination in family

structures. They are often viewed as the home heads and breadwinners and

women are viewed as subservient which gives high acceptance to justifiable

wife beating. The Filipino culture appears to be very detrimental in the

access of women survivors to seeking justice in relation to RA 9262.

Women are frequently deterred from leaving violent marriages by the social

shame of having a shattered family, of bringing legal action against their

husbands, and of leaving the family home. It also doesn't help that society

and religion expect the wife to be more forgiving and patient since they

convey the idea that it is women's fate to suffer and bear pain in quiet.
 2) In terms of financial independence and empowerment, there is a

need for the woman-survivor to be economically independent and

empowered. In the act of filing charges against her former intimate partner,

she needs to be able to stand on her own and to support her children. This

has become the main concern for many women. During consultations among

service providers, participants relate that women they assist refuse to leave

an abusive husband because of their financial dependence on their husbands,

thus the question: “how will I be able to raise my children?” or “how will we

survive if we leave?”. It is also proved to be that women are appeared to be

in a fragile position when they are heavily dependent on their partner's

financial support.

The identified gaps and barriers are a combination of risk factors that

affects the access of women to seeking support in relation to Republic Act

9262 “Anti-Violence Against Women and their Children Act of 2004.

Identifying these gaps and obstacles will enable legislators, academics,

lawyers, government organizations and private and non-government

organizations to address certain issues through programs, legislation, and

services in order to fulfill their objectives successfully.

 II. RECOMMENDATION

After a thorough analysis of data, the following recommendations are hereby

made:

1. It is recognized that available legislations are important for women to

access justice in cases of violence, for these are the remedies present and

available under the laws of the land. However, it does not end with enacting

legislations which spell women’s rights in cases of abuse. There is the need

to look into how the available remedies are able to respond, in practice and

in reality, to women who suffer from violence and abuse.

2. Republic Act 9262 “Anti-Violence Against Women And Their Children

Act Of 2004”. Apparently, Republic Act No. 9262 deemed to be in effect in

terms of minimizing violence against women and their children

however, effective enforcement of the law with support from numerous

government agencies and local, national, or even international Non-

Governmental Organizations (NGO) would improve the nation's efforts to

end violence against women.