You are on page 1of 30

Anti-Violence Against Women and Their Children Act of 2004

2/11/2013

JP Humiding/Copyright

CONTEXT OF THE LAW OVERVIEW OF THE LAW RESPONSIBILITIES & OBLIGATIONS OF PERSONS UNDER THE LAW

2/11/2013

JP Humiding/Copyright

CONTEXT
On the average, a woman is beaten up every 2 hours and 40 minutes. Another is raped every eight hours. Almost two women are exposed to lascivious acts everyday. A child is sexually abused every two hours and 40 minutes. Another is beaten up almost every three hours. 1 is neglected every three hours and 25 minutes. Another is abandoned around every eight hours.

2/11/2013

JP Humiding/Copyright

Fleeing Violence
There is enormous social pressure on women in the Philippines to be docile and subservient within the family and intimate relationships. These attitudes make it very difficult for women to leave abusive relationships. Studies show that women in abusive situations in the Philippines endure repeated and escalating violence for an average of 10 years before seeking assistance.

2/11/2013

JP Humiding/Copyright

VIOLENCE AGAINST WOMEN &


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 or psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. Xxx (Sec. 3.a., RA 9262)

2/11/2013

JP Humiding/Copyright

OVERVIEW OF RA 9262
What relationships are covered? Who are liable? What are the acts punished? What are the penalties? What are the remedies of victims? Who may file complaint? What are other relevant provisions.

2/11/2013

JP Humiding/Copyright

RELATIONSHIPS COVERED
MARITAL

SEXUAL
DATING

2/11/2013

JP Humiding/Copyright

Who are liable?


any person... with whom the person has or had a sexual or dating relationship (i.e.husbands, boyfriends, female lovers)

2/11/2013

JP Humiding/Copyright

What are the acts punished?


VIOLENCE AGAINST WOMEN & THEIR CHILDREN
PHYSICAL VIOLENCE SEXUAL VIOLENCE PSYCHOLOGICAL VIOLENCE ECONOMIC ABUSE

2/11/2013

JP Humiding/Copyright

ACTS OF VIOLENCE
(Sec. 5, RA 9262)
Causing physical harm Threatening physical harm Attempting to cause physical harm Placing the victim in fear of imminent physical harm

2/11/2013

JP Humiding/Copyright

Acts of Violence Continued


Attempting to compel or compelling the woman or her child to engage in conduct they have a right to engage in; Restricting freedom of movement such as:

2/11/2013

JP Humiding/Copyright

Acts of Violence Continued (Forms of restriction & control) Threatening actually depriving child custody or access to family; Threatening or depriving financial support or giving insufficient financial support; Threatening or depriving a legal right; Preventing exercise of profession, occupation or business .

2/11/2013

JP Humiding/Copyright

Acts of Violence Continued


Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions; Causing or attempting to cause victim to engage in any sexual activity; Engaging in purposeful, knowing or reckless conduct, that alarms or causes emotional or psychological distress:

2/11/2013

JP Humiding/Copyright

Acts that cause alarm, emotional or psychological distress


Stalking Peering in the window or lingering in the place of residence of victim Entering or remaining in the dwelling or property of the woman against her will Destroying victims property or personal belongings; Inflicting harm to victims pets or animals Engaging in any form of harassment or violence

2/11/2013

JP Humiding/Copyright

Acts of Violence Continued


Causing mental or emotional anguish, public ridicule or humiliation to the victim such as: Repeated verbal & emotional abuse Denial of financial support/Custody Denial of access to the womans child/children

2/11/2013

JP Humiding/Copyright

PENALTIES
Generally, the penalties imposed are 1 degree higher than that imposed in ordinary crimes.

2/11/2013

JP Humiding/Copyright

REMEDIES OF THE VICTIMS


PROTECTION ORDERS HOLD-DEPARTURE ORDERS TEMPORARY SHELTER OTHER RELIEFS

2/11/2013

JP Humiding/Copyright

PROTECTION ORDERS
Barangay Protection Order Temporary Protection Order Permanent Protection Order

2/11/2013

JP Humiding/Copyright

RELIEFS PROVIDED BY A PROTECTION ORDER


Prevention of further acts of Violence Grant of other necessary relief such as Prohibition Removal and Exclusion Provision of Support Restitution Others (Sec. 8, RA 9262)

2/11/2013

JP Humiding/Copyright

WHO MAY FILE PETITION FOR PROTECTION ORDER? (Sec. 9, Ra 9262)

Offended Party Parents or Guardians of the Offended Party Ascendants/Descendants or Collateral Relatives within the 4th Civil Degree of Consanguinity or Affinity
2/11/2013 JP Humiding/Copyright

Who may file continued


Officers or Social Workers of the DSWD or LGUs Police Officers (preferably those in charge of womens and childrens desks) Punong barangay or kagawad

2/11/2013

JP Humiding/Copyright

Who may file continued


Lawyer, counselor, therapist or healthcare provider of the petitioner At least 2 concerned and responsible citizens who have personal knowledge of the offense committed

2/11/2013

JP Humiding/Copyright

OTHER RELEVANT PROVISIONS


Sec. 25. Violence Against Women and their Children is a Public Crime
Sec. 26. Battered Woman Syndrome is a Defense

2/11/2013

JP Humiding/Copyright

Other Relevant Provisions continued


Sec. 28. Custody of Children Sec. 34. Persons Intervening Are Exempt from Liability Sec. 35. Entitlement to Damages Sec. 43. Entitlement to Leave Sec. 44. Confidentiality

2/11/2013

JP Humiding/Copyright

RESPONSIBILITIES UNDER THE LAW


As a CITIZEN As an EMPLOYER
As a GOVERNMENT OFFICIAL

2/11/2013

JP Humiding/Copyright

Responsibilities as a Citizen
Intervention (Sec. 34) Filing of Appropriate Case {Sec. 9 (h)}

2/11/2013

JP Humiding/Copyright

Responsibilities as an Employer
Compliance with Court Order to deduct amount for Support of Victim from Perpetrators Salary (Sec. 8.g)
Grant of Leave to the Victim (Sec. 43)

2/11/2013

JP Humiding/Copyright

Responsibilities as a Government Officer


Social Workers (Sec. 9.d) Police Officers (Sec. 9.e) Prosecutors and Court Personnel (Sec. 29) Barangay Officials and Law Enforcers (Sec. 30)

2/11/2013

JP Humiding/Copyright

Penalties imposed on Barangay Officials and Law Enforcers Who Fail to Report Incidents of Abuse

FINE NOT EXCEEDING Php 10, 000.00 PESOS plus civil and administrative liability

2/11/2013

JP Humiding/Copyright

CONCLUSION

2/11/2013

JP Humiding/Copyright