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SPO1 LYRMA D. NIAGA-CAJEGAS Family Protection Gender Section (FPGS) PNCO Iligan City Police Office
BALAY NI SUPERMAN
Balay Balay Balay ni Superman Nasunog and balay, balay ni Superman (2x) Oh wonderwoman, Oh wonderwoman Nasunog ang balay ni superman (2x) Balay balay balay ni Superman Nasunog ang balay ni superman.
LERON LERON SINTA
Leron leron sinta Puno ng papaya Dala,y buslo, sisidlan ng bunga Pagdating sa dulo, nabali ang sanga Ayayayay, humanap ng iba (2x)
“ IKAW AT AKO LABAN SA KARAHASAN SA KABABAIHAN “ .
CRIMES AGAINST WOMEN Trafficking Sexual Rape Acts Harassment of Lasciviousness Domestic Violence .
July 2003 THE ANTI-TRAFFICKING IN PERSONS ACT .Rep. Act 9208.
servitude. prostitution. transportation. forced labor. or receipt of persons WITH OR WITHOUT THE VICTIM‟S CONSENT OR KNOWLEDGE.TRAFFICKING OF PERSONS Recruitment. transfer or harboring. removal or sale of organs) . slavery.g. within or across national borders by any means for the purpose of exploitation (e.
TRAFFICKING VS HUMAN SMUGGLING TRAFFICKING Usually involves coercion Characterized by subsequent exploitation after the illegal entry of a person into a foreign country Considered a human rights issue HUMAN SMUGGLING Usually does not involve coercion Characterized by facilitating. for a fee. the illegal entry of a person into a foreign country Considered a migration issue .
Factors that Influence/Abet Child Trafficking Official Corruption and Collaboration Out-migration networks Aftermath of War Lack of Education and Information Modernization and Development Schemes Consumerism Gender Discrimination Culture Globalization and Poverty Breakdown of Families .
WORKING AND LIVING CONDITIONS OF TRAFFICKED VICTIM Based on researches and reported cases. Being locked up . such includes: Violence and harassment from employers and customers. sleep and leisure time. Being drugged. No fixed income. Lack of rest.
WORKING AND LIVING CONDITIONS OF TRAFFICKED VICTIM Being penalized for non compliance of the rules and regulations Being subjected to debt bondage Being vulnerable to poor health and diseases .
EFFECTS ON CHILD VICTIM LEGEND Social effects Physical effects Psychological effects Mental Disorder Substance Abuse Physical Injuries Stigmatized Stress Disorder Sexual Abuse Ostracized Death Relational Difficulties Low Self-esteem HIV/AIDS Stunted Growth Diminished Productive Potentials STDs Poor Nutrition .
PROFILE OF TRAFFICKED CHILDREN For sexual purposes – females ages 13- 17 High school drop-ots Parents work in the informal sectors (fish vendors. jeepney drivers. domestic helpers) Come from poor and dysfunctional families .
PROFILE OF TRAFFICKERS FOR SEXUAL PURPOSES
of them have low educational attainment Dispel guilt or remorse by the thought that the help recruits to earn and survive Spent years in this business,some inherited or learned the trade from relatives
PROFILE OF CUSTOMERS
the demand Most of them are looking for young virgins
Trafficked children mostly come from poor, rural areas and are transported usually over land and sea. They leave in gropus and are taken into final destination oftentimes by tinted vans.
ROUTES OF HUMAN TRAFFICKING BACKDOOR EXIT PALAWAN MANILA CAGAYAN DE ORO TAWI-TAWI SANDAKAN KOTA KINABALU .
IDENTIFICATION OF TRAFFICKED VICTIMS .
HOW TO FIND THE VICTIMS? Remember: Traffickers are experts in falsifying public documents and identification papers. Official Permits Police Clearances Birth Certificates Passports .
And must be treated as a child given special protections. WHERE THE AGE OF THE TRAFFICKED PERSON BELIEVED TO BE A CHILD IS UNCERTAIN.Thus. THE PRESUMPTION SHOULD BE THAT THE PERSON IS A CHILD. .
THE ASEAN GUIDELINES FOR THE PROTECTION OF RIGHTS OF TRAFFICKED CHILDREN RECOMMENDS THE FOLLOWING MEASURES TO DETERMINE THE AGE OF TRAFFICKED PERSONS: .
Consensual medical and dental examination Birth documents/Family Books of trafficked person/identification cards School records/physical appearance .
Psychological maturity Testimony of persons who have personal knowledge about the child Documents recording cultural and religious practices which indicate age .
.Identification of the child victims of trafficking is the most and important measure for this endangered children.
BUT EVEN FOR A PROFESSIONAL WORKING IN THE PLACE. SOCIAL SERVICES OR IMMIGRATION. IT IS NOT EASY TO DISTINGUISH TRAFFICKED CHILDREN! .
HOW THEN WE RECOGNIZE WHEN CHILDREN HAVE BEEN TRAFFICKED AND EXPLOITED? .
GUIDE TO VICTIM IDENTIFICATION General Indicators of Human Trafficking Confused about their living arrangements or how they came to be in the locality Adults who appear to be controlling a child‟s ability to communicate with others or take part in normal life .
A child being looked after by adults whose relationship to them is unclear A young person who regularly goes missing and turns up at different locations around the country Unfamiliar/does not speak the local language .
Has little or no knowledge of the local community Child known to regularly beg for money or is linked to criminal activity Not enrolled in school No access to parents or guardians Look intimidated and behave in a way that does not correspond with behavior typical of their age .
No friends of their own age No time for playing Live apart from other children and in substandard accomodations Eat apart from other members of the “family” Given only leftovers to eat .
Travel unaccompanied by adults Travel in groups with persons who are not relatives Engaged in work not suitable for children Is driven around by an older male or “boyfriend” Distrustful of the authorities .
particularly sexually transmitted diseases Threatened when being handed over to the authorities Have false identity or travel documents .Appears to have visible injuries or scars such as cuts. bruises or burns Has untreated illnesses or infections.
Not know their home or work address Allow others to speak for them when addressed directly Receive little or no payment Have no access to their earnings Unable to communicate freely with others Come from a place known to be a source of human trafficking .
OTHER INDICATORS OF TRAFFICKING The presence of child-sized clothing typically worn for doing manual or sex work The presence of toys. beds. and children‟s clothing in inappropriate places The claim of an adult finding an unaccompanied child The discovery of cases involving illegal adoption .
DESTINATIONS OF TRAFFICKED VICTIMS Victims of Trafficking may be: a. for labour exploitation c. for sexual exploitation b. for the purpose of begging or committing petty crimes . for domestic servitude d.
sometimes with other women who do not speak the same language .SIGNS OF SEXUAL EXPLOITATION Children sleep where they work Be escorted whenever they go to and return fm work and other outside activities Have tattoos or other marks indication “ownership” by their exploiters Live or travel in group.
Have clothes mostly the kind typically worn for doing sex work Only know how to say sex-related words in local language There is evidence that suspected have had unprotected and or violent sex Evidence that a person has been bought and sold .
Advertisements are placed for brothels or similar places offering the services of women of a particular ethnicity or nationality Be unable to show an identity document .
unsuitable places( no choice of accommodation) Not adequately dressed for the work No labour contract work excessively long hours . if at all Live in degraded.SIGNS FOR LABOUR EXPLOITATION Live in groups in the same place where they work and leave those premises infrequently.
Never leave the work premises without their employer Be unable to move freely Lack basic training and professional licenses The employer or manager is unable to show records of wages paid to workers .
The health and safety equipment is of poor quality or is missing There is evidence that labour laws are being breached .
abuse. threat or violence .INDICATORS FOR DOMESTIC SERVITUDE Does not eat with the rest of family Sleep in a shared or inappropriate space Reported missing by their employer even though they are still living in their employer‟s house Subjected to insults.
Never or rarely leave the house for social reasons Given only leftovers to eat .
FOR THE PURPOSE OF BEGGING OR COMMITTING PETTY CRIMES Tend to beg in public places and on public transport carrying and/or selling illicit drugs Be children of the same nationality or ethnicity who move in large groups with only few adults Be punished if they do not collect or steal enough .
Participate in the activities of organized criminal gangs Live with adults who are not their parents Move daily in large and over considerable distances .
CAUTION!!! These descriptions are not CONCLUSIVE! Their presence or absence does not prove of disprove that the crime is taking place. However. . the presence of these indicators should lead to investigation.
Be aware of the risk of stereotyping images of trafficked children. The characteristics of trafficked children may vary according to place and time…………………… SO WHAT CAN WE DO? .
Let us learn to identify suspected cases of Child Trafficking Let us immediately report a particular situation which may be a suspected Child Trafficking Educate and encourage the people around us to do the same .
Who arranged your travel? 3. How did you get here? 4. Do you owe money for your trip? 5. Why did you come to this place/country? 2. Recruitment/Migration 1. What did you end up doing?Were you scared? .QUESTIONS TO ASK? The following questions can help you identify victims if you encounter them: A. What did you expect when you came? 6.
Who has your passport/identification papers? .B. Do you have any papers? 2. IDENTIFICATION 1.
Are you working? 3. How many hour/day and days/week do you work? . What kind of work do you do? 4. Are you paid? 5. Do you owe money to your boss or someone else? 6. Are you in school? 2.C. Do you have a choice of where you work and how much you work? 8. Working Conditions 1. Can you leave your job if you want? 7.
Living Environment 1. Where do you live? 2. Who else lives there? 3.D. Where do you sleep? .
E. Has anybody ever threatened you to keep from running away? 3. Has your family been threatened? . Are you now being (or have you at one time been) held against your will? 2. Has anybody ever hurt you to make you stay? 5. Were you ever forced or intimated to do something against your will? 4. Coercion 1.
an international baby trafficking ring was uncovered in Jala Jala.FILIPINO BABIES HAND-CARRIED TO SINGAPORE On December 15. which is only a transit point. . was called Jala Jala Home for the Needy Angels.000. The agency was not registered under the Inter-Country Adoption Board. as required by law. The babies are then given to foreigners who paid the processing fee of at least $12. thus . There were 11 adults/nannies.000 – P7. Since 2006. some 30 babies have been hand-carried like a baggage and flown to a commercial adoption agency in Singapore. in an orphanage operating without DSWD‟s accreditation and SEC registration. it is not authorized to facilitate foreign adoptions of Filipino babies. Rizal. 9 infants without their parents. The babies were first housed in Pililla town. The babies were bought from anguished women for P2.500 per baby. The house. which is not an orphanage. 2008.
.LET US HELP TRAFFICKED CHILDREN…... LET US HELP SAVE THE HOPES OF OUR NATIONS!!! .
o ICPO Headquarters – 221 6699 o Station 1 .165 o Station 3 .911 o Station 2 .168 o Station 4 ..REPORT CHILD TRAFFICKING NOW!!! CALL US……….162 o Station 5 .166 .
1995 . “ ANTI-SEXUAL HARRASSMENT ACT OF 1995” Signed into law.. 1995 Effectivity.February 08.RA 7877.February 24.
request or demand for sexual favor. training or education related environment of the person complained of.DEFINITION Is an act. . involving any unwelcome sexual advance. or a series of acts. or other verbal or physical behavior of a sexual nature. committed by a government employee or official in a work related.
Sexual harassment is about sexual abusing power relations. the law says that what gives women discomfort is harassment.MEANS This laws penalizes discriminatory acts against women in the workplace. This shows that women‟s point of view is given due recognition. . Contrary to the view that acts or remarks made by men on women‟s sexuality are mere expressions of appreciation or admiration.using one‟ power to extract sexual favors.
3. professor . agent of the employer. trainor. instructor. influence or moral 7. employee. An employer. coach. ascendancy 8. manager. 2. teacher. 9. authority.WAYS Sexual harassment is committed against women by the following persons. 11. 6. 5. supervisor. person having 4. 1. 12. 10.
Requesting sexual favor. Requires sexual favor.ACTS Demanding for sexual favor. The act is committed regardless of whether the demand. . request and requirement for submission is accepted by the object.
Promotions. Granting favorable condition.IN WORK-RELATED THE SEXUAL FAVOR IS MADE AS A CONDITION IN. Hiring Re-employment Continued employment Granting favorable compensation.. and privileges .
THE SUBSEQUENT REFUSAL TO GRANT SEXUAL FAVOR RESULTS IN… Limiting. . Discriminating. Diminish employment opportunities. Depriving. Classifying the employee. and Adversely affect the employee. Segregating.
or offensive environment for the employee. The acts would impair the employee‟s rights and privileges under existing labor laws. . or The acts would result in intimidating. hostile.CONTINUATION….
SEXUAL HARASSMENT MAY TAKE PLACE: In the premises of the workplace or office. cellular phone. At work-related social functions. While on official business outside the office or during work-related travel. In any place where the parties were found as a result of work responsibilities or relations. . fax machine or electronic mail. and By telephone. for a. At official conferences. symposia or training sessions.
apprenticeship or tutorship is entrusted to the offender. hostile or offensive environment for the student. or the granting of honors and scholarships. SEXUAL HARASSMENT IS COMMITTED IN THE FOLLOWING MANNER Against one who is under the care. When the sexual favor is made a condition to the giving of a passing grade. or the payment of a stipend. Against one whose education.IN AN EDUCATION OR TRAINING ENVIRONMENT. or consideration. custody or supervision of the offender. allowance or other benefits. privileges. When the sexual advances result in an intimidating. trainee or apprentice. . training.
local or foreign travels. buttocks. favorable working conditions or assignments . 4.CLASSIFICATION OF SEXUAL HARASSMENT A. Grave Offenses Unwanted touching of private parts of the body (genitalia. promotion. 3. 2. breast) Sexual assault Malicious touching Requesting for sexual favor in exchange for employment. 1.
1. 3. Less Grave Offenses Unwanted touching or brushing against victim‟s body Pinching not falling under grave offense Derogatory or degrading remarks or innuendos directed toward the members of one sex or one‟s sexual orientation or used to describe a person Verbal abuse or threats with sexual overtones . 2. 4.CLASSIFICATION OF SEXUAL HARASSMENT B.
CLASSIFICATION OF SEXUAL HARASSMENT
Light Offenses Surreptitiously looking or stealing a look at a person‟s part or worn garments Telling sexual/smutty jokes or sending, through text, e-mail or other similar means, causing embarrassment or offense and carried out after the offender has been advised that they are offensive or embarrassing or, even without such advice, when they are by their nature clearly embarrassing, offensive and vulgar
CLASSIFICATION OF SEXUAL HARASSMENT
Light Offenses Malicious leering and ogling The display of sexually offensive pictures, materials or graffiti Unwelcome inquiries or comments about a person‟s sex life Unwelcome sexual flirtation, advances, propositions
CLASSIFICATION OF SEXUAL HARASSMENT
Light Offenses Making offensive hand or body gestures at an employee Persistent unwanted attention with sexual overtones Unwelcome phone calls with sexual overtones causing discomfort, embarrassment, offense or insult to the receiver Other analogous cases
PENALTIES For light offenses: 1st offense – Reprimand 2nd offense – Fine or suspension not exceeding thirty (30) days 3rd offense – Dismissal For less grave offenses: 1st offense – Fine or suspension of not less than thirty (30) days and not exceeding six (6) months 2nd offense – Dismissal For grave offenses: Dismissal .
ADMINISTRATIVE SANCTION Acts committed in relation to this Act could be dismissed from the service for Gross Misconduct and Immorality prejudicial to the best interest of the service. with forfeiture of all retirement benefits and with prejudice to re-employment in any branch of the government. .
000 to 20.000 thousand pesos fine. Or both fine and imprisonment at the discretion of the court.PENALTY 1-6 months imprisonment. 10. Any action arising from the violation of the provisions of this Act shall prescribe in three (3) years. .
if the head of office is informed of such acts by the offended party and no immediate action is taken. .LIABILITY OF HEAD OF OFFICE (SECTION 5) The head of office shall be solidarily liable for damages arising from the acts of sexual harassment committed in the employment or education.
.where employee does not suffer economic loss but has been subjected to conduct that is threatening and intimidating in the workplace.” simply put “do this or else”. Hostile environment.KINDS OF SEXUAL HARASSMENT Quid pro quo – “You do something for me and I will do something for you.
WHY DO WOMEN PUT UP WITH IT? I need the money from this job Men have the power It won‟t happen again It does more harm than good to complain .
clear actions at firs to correct the harassment. Express fears of future retaliation. Evaluate to see whether there has been retaliation.GUIDELINES FOR THE HARASSED PERSON Harassment needs to be addressed when it takes place or very soon after the experience. . Take small. Formal investigation and action should be requested.
Women must support each other when harassment occurs. it is about power. Allowing sexual harassment is never right. . Remember: Sexual Harassment is not about sex.
there is no confusion about how it feels. fear and despair.“While there is confusion over what exactly constitutes sexual harassment.” . The memories are vivid: so are the shame.
ACT 8353: THE RAPE LAW .PROMULGATED IN 1997 REP.
RAPE IS A PUBLIC CRIME! REMEMBER! Rape is now considered a public crime. This means that any person who has knowledge of the crime may file a complaint. .) may proceed with the case. the police. etc. fiscal. even if the victim withdraws her complaint.e. prosecutor. the government (i. consequently.
RA 8353: THE RAPE LAW OF 1997 Re-classified rape as crime vs. persons 2 ways of committing rape: • man has carnal knowledge of woman under the following circumstances: • • • Thru force. or intimidation When offended party is deprived of reason/unconscious Thru fraudulent machination/grave abuse of authority When offended party is under 12 yrs or demented . threat.
shall commit an act of sexual assault by: • inserting his penis into another persons mouth or anal orifice or • Inserting any instrument or object (including a finger) into the genital or anal orifice of another person . under any of circumstances mentioned in paragraph 1.RA 8353: THE RAPE LAW OF 1997 (CONT’D) By any person who.
THIS IS WHAT THE SUPREME COURT HAS SAID ABOUT RAPE!!! NOTE: The slightest penetration of the outer labia is sufficient. The absence of sperm in the vagina does not mean that no rape occurred .
WHAT IS “CONSENT”? NOTE: There is NO issue of consent for child victims under the age of 12 years old. Children under 12 CANNOT give their consent .
ANTI-RAPE LAW OF 1997 Before: Rape is a crime against Chastity Punishable under Art. 335 of the RPC Now: Rape is reclassified as a crime against Persons under Title VIII of RPC Marital rape is impliedly recognized 4th mode of committing rape (by fraudulent machination or grave abuse of authority) .
ANTI-RAPE LAW OF 1997 Rape may now be committed against men. not only against women Rape now includes acts other than penile penetration of the vaginal orifice On statutory rape Marriage extinguishes criminal liability .
Article 336 of the Revised Penal Code ACTS OF LASCIVIOUSNESS .
Any person who shall commit any act of lasciviousness upon other persons of either sex. . under any of the circumstances. by using force and intimidation. That the offended party is another person of either sex. 2. 4.ACTS OF LASCIVIOUSNESS Article 336 of the Revised Penal Code. when the offended party is deprived of reason or otherwise unconscious. 1. 3. When the offended party is under 12 years old. commit any acts of lasciviousness or lewd design.
KISSING AND HOLDING GIRL’S BREAST IS ACT OF LASCIVIOUSNESS. 60 Phil 610) . (PP vs Collado. without giving her opportunity to defend herself. kissed her and caught hold of her breast. embraced. between 3 and 4 „o'clock in the afternoon went to the house of the woman on the pretext of asking a glass of water. stealthily approached her and.EMBRACING.
casual and customary in nature. No manifest sexual undertone in casual buss. CASUAL BUSS or BESO-BESO.merely form of greetings. REASON.INSTANCES WHERE ACTS OF LASCIVIOUSNESS CANNOT BE HELD.a casual buss or kissing on the cheeks when done during the occasions. .
Illustrative case: “kapalaran ay malupit.MALICIOUS POEM CAN BE HELD UNDER THIS ARTICLE. (Talens-Dabon vs Arceo) . di kita makatalik sa ngayon at bukas pagkat di mo ibig” The poem is found to be repulsive (obscene) because the sender and receiver are both married and the former is the latter‟s subordinate.
(US vs Gomez. REASON.the act is intentional not incidental. 30 Phil 20) .INSIDE A THEATER A man embraces and kisses a woman three times and intentionally fondles her breast at the same time in a theater where the lights were out and the people‟s attention was naturally concentrated on the picture.
Considering that the acts took place in a taxicab while passing a public thoroughfares and at about noon time. (Pp vs Buenafe.INSIDE A TAXICAB Kissing and embracing a woman against her will are acts of lasciviousness when prompted by lust or lewd design. 99 Phil) 306) . REASON It is difficult to believe that the accused could have desired more than the ordinary outburst of one in love.
(PP vs Mendoza) . He was moved by lasciviousness when he kissed and embraced the offended woman.INSIDE THE HOUSE Accused took advantage of the situation when the offended woman was alone with her children in her house at night and put out the light of the lamp.
there can be no frustration of acts of lasciviousness. From the standpoint of the law. all the essential elements of the offense have been accomplished. he actually attains his purpose and. (PP vs Falmularcano) . the moment the offender performs all the elements necessary for the existence of felony. from that moment. if the participation amounts to performing all the acts of execution.NO ATTEMPTED OR FRUSTRATED CRIME OF ACTS OF LASCIVIOUSNESS In cases of acts of lasciviousness. because no matter how far the offender may have gone towards the realization of his purpose. the felony is necessarily produced as a consequences thereof.
THE ULITIMATE RULE .
REPUBLIC ACT 9262 ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004 .
II.90% committed by the women‟s intimate partners (husbands and live-in partner) Physical assault accompanied by verbal and economic abuse of a woman or her children (36% or 1 out of 3 cases) Sexual abuse (26% or 1 out of 4 cases) Economic abuse(17%) 98% of victims are women . THE REALITY Female violence comprised 90% of all forms of abuses and violence.
Most abusers are older than victims: Average age of abuser is 35. On the average: abuser is 12 years older than his victim.6%) of violence are adults (18 yrs-up) Most number of abusers are between 30-39 yrs . Average age of victim is 23. Almost all perpetrators (97.
THE HUMAN FACES .
STILL…ANOTHER PICTURE OF A MEANINGFUL RELATIONSHIP… .
bigla kong naalala all my happy moments with you… So instead of plotting my subtlest plan to end your life I decided to go to the bathroom and take a shower while I reminisce… Holy Ghost! Wala akong maalala dun kundi our glorious activities! Then I thought. Margaux’s killer… her beloved husband I believe I have all the reasons in the world to be mad at you! But on second thought. ‘tama ba to?’ I guess it’s a self-inflicting torture So at that instance I step out of that sacred place.Paparappapa…blog ko 2… NOT REALLY… By: PO1 Margaux Garcia-Jumawan I… I was thinking of killing you But. kelangan ba talagang magalit ako sa’yo?? It was a fatal attraction. . I should be mad at you.
You were once the source of my immeasurable nirvana I should be thankful pa nga sayo di ba?! But the pain you’ve caused is killing me I was crazy loving you pero parang wala lang sayo I should be singing ‘never ever’ But the song ‘upside down’ keeps playing on my head Hay naku manhid ka at praning naman ako! I better end this thing Masakit na ang ulo ko at pagod na rin puso ko… Good bye 3x! THE MAN YOU LOVE MAY ALSO BE THE MAN YOU HATE… .
Luchelle Luchavez-Tejano…she’s a policewoman. A victim of violence. though. .
To Luchelle’s memory this handbook was dedicated… .
16% YES NO 84% .
12% 24% 12% work-related arguments Jealousy Philandering husband 6% 9% 9% 9% 19% money-related problems with in-laws vices of husband/partner others .
14% more than 10 years 38% 5-10 years 23% 2-4 years 0-1 year 25% .
35% YES 65% NO .
1% 25% 24% Afraid of humiliation from copersonnel nobody would give them serious attention victim believed her partner wouldn’t commit same offense again there would be more problems in the family if she files charges 9% 12% 9% 20% victim wants to keep the pain to herself victim thinks of her children's future others .
8% YES NO 92% .
16% YES NO 84% .
Republic Act No. Husbands Former husbands Boyfriend/partner Those with whom they have a common child Has or had sexual or dating relationship . Women vs. 9262 or The Anti-Violence Against Women and their Children Act of 2004 SCOPE 1.
Dating relationship.a situation wherein The parties live as husband and wife without the benefit of marriage or are romantically involved over time and on a continuing basis during the course of the relationship Casual acquaintances and ordinary socialization not a dating relationship! .
Which result in or is likely to result in physical. psychological harm or suffering or economic abuse including threats of such acts. battery. or with whom he has a common child.Violence against women and children refers to: Any act or a series of acts committed by any person against a woman who is his wife. Against a woman with whom the person has or had a sexual or dating relationship. assault. sexual. Within or without the family abode. or former wife or.31) . harassment or arbitrary deprivation of liberty (sec. coercion. or Against her child whether legitimate or illegitimate.
PHYSICAL VIOLENCE 2. SEXUAL VIOLENCE 3. PSYCHOLOGICAL VIOLENCE 4. ECONOMIC ABUSE Physical violence refers to bodily harm or physical harm Sexual violence- an act which is sexual in nature committed against a woman or her child. Includes but not limited to:
Rape, sexual harassment, act of lasciviousness;
Treating her child as a sex object; Making demeaning and sexually suggestive remarks; Physically attacking the parts of the victim’s body; Forcing her/him to watch obscene publication and indecent shows Forcing the woman or her child to do indecent acts and/or make films thereof Forcing the wife and mistress/ lover to live in the conjugal home or sleep together in the same room with the abuser Acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or coercion
Psychological violence- acts or omission 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 Marital infidelity
To witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs or
Includes causing or allowing the victims:
business or activity except if the spouse/ partner objects on valid serious and moral grounds Deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal. To witness pornography of any form or. occupation. but is not limited to: Withdrawal of financial support Preventing the victim from engaging in a legitimate profession. To witness abusive injury to pets or Unlawful deprivation of the right to custody and/ or visitation of children Economic Abuse – acts that make or attempt to make a woman financially dependent which includes. community or property owned in common Destroying household property Controlling the victim’s own money or properties or solely controlling the conjugal money or .
Stalking.an intentional act committed by a person who knowingly and without lawful justification follows the woman or her child or places the woman or her child under surveillance or indirectly or a combination thereof .
stop drinking. attempts to be placating and passive as possible B. . Tension Building Stage – minor battering and verbal abuse while the woman. etc. triggered by external/internal event in the life of the battering male C. may last for a few months.pleas for forgiveness and declaration of love and devotion with promises to seek professional help. Tranquil Loving /Contrition Phase– “Hearts & Flowers Phase” .There are three distinct phases: A. Acute Battering Incident – severity of attacks escalate.1. beset by fear and tension. Cycle Theory of Violence.
CYCLE OF VIOLENCE Build Up Phase Honeymoon Phase Standover Phase Pursuit Phase Violent Outburst Remorse Phase .
and 4. The woman believes that the violence was her fault 2. She has the inability to place the responsibility for the violence elsewhere 3. She fears for her life and her children’s lives .Battered Woman Syndrome (BWS) a scientifically defined pattern of psychological and behavioural symptoms found in women living in battering relationships as a result of cumulative abuse Four Characteristics of BWS: 1. She has an irrational belief that the abuser is omnipotent and omniscient .
.A woman is considered Battered when she has been through the cycle of violence at least twice.
BWS. Courts shall be assisted by expert psychiatrists/ psychologists for the determination of the woman’s state of mind at the time of the commission of the .defense under the RPC.a form of Post Traumatic Stress Disorder BWS as a Defense (Sec 26) Victims who are found by the court to be suffering from BWS do not incur any criminal and civil liability notwithstanding the absence of any of the elements for justifying circumstances of self.
to establish one of the following. Expert Testimony on BWS. Specific effect of abuse on battered women Whether or not the victim is a battered woman Whether she suffers from BWS .
or . (prision correccional) The woman or her child has a right to desist from or to desist from conduct which the woman or her child has a right to engage in .PUNISHABLE ACTS AGAINST WOMEN AND THEIR CHILDREN (a)-(c) Threatening. attempting or causing physical harm to the woman and her children. or Attempting to restrict or restricting the woman or her child’s freedom of movement. (d) Placing the woman or her child in fear of imminent physical harm (arresto mayor) (e) Attempting to compel or compelling the woman or her child to engage in conduct which.
or controlling victim’s own money or properties or solely controlling the conjugal or common money or properties Depriving Preventing . the woman in engaging in any legitimate profession. or threatening to deprive the woman or her child of a legal right. occupation. Threatening to deprive or actually depriving the woman or her child of custody or access to her/his family. business or activity. physical or other harm or intimidation directed against the woman or her child. Conduct by force or threat of force.
by force or threat of force. physical harm or through intimidation directed against the . (f) Inflicting or threatening physical harm on oneself for the purpose or controlling her actions or decisions (arresto mayor) (g) Causing or attempting to cause a woman or her child to engage in any sexual activity which does not constitute rape.
(h) Engaging in purposeful, knowing or reckless conduct personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child. This includes but not limited to; (prision mayor)
Stalking Peering in the window or lingering outside the residence Entering or remaining in the dwelling or property against the will of the woman or child Destroying property and personal belongings or inflicting harm to animals or pets of the woman or her child Engaging in any form of harassment or violence
(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child (prision mayor)
Repeated verbal and emotional abuse Denial of financial support or custody of minor children Denial of access to the woman’s child/children
ranging from 1 mo. 1 day to
12 yrs. Fine ranging from P100T to P300T; and Mandatory psychological counselling or psychiatric treatment
RELIEFS GIVEN Protection Orders Battered Woman Syndrome (BWS) as defense Protective custody of abused child by DSWD even in the absence of PO .
facilitates the opportunity and ability of the victim to independently regain control over her life .PURPOSE OF PROTECTION ORDERS Safeguards the victim from further harm Minimize any disruption in the victim’s daily life .
WHO MAY FILE PETITION FOR PROTECTION ORDERS Offended party Parents or guardians of offended party Ascendants. counsellor. therapist or healthcare provider of petitioner 2 concerned responsible citizens or city or municipality who has personal knowledge of the offense committed . descendants or collateral relatives within the 4th civil degree of consanguinity or affinity Officers or social workers of DSWD& LGU Police officers. preferably women’s and children’s desks Punong Barangay or Barangay Kagawad Lawyer.
KINDS OF PROTECTION ORDERS AND WHERE TO APPLY A. Barangay Protection Order (BPO) Issued by Punong Barangay/ Kagawad Effective for 15 days Complaint for violation of BPO filed with MeTC or MCTC that has territorial jurisdiction Violation of BPO-30 days imprisonment Judgment may be appealed to RTC .
application can be filed with RTC. Effective for 30 days. Temporary Protection Order (TPO) issued by the court on the date of filing (exparte) Application filed in Family Court where petitioner resides If no family court. MeTC or MCTC with territorial jurisdiction over the place of residence of petitioner. extendible Enforceable anywhere in the Philippines Violation: fine of 5T to 50T and/or imprisonment for 6 months .KINDS OF PROTECTION ORDERS AND WHERE TO APPLY B.
KINDS OF PROTECTION ORDERS AND WHERE TO APPLY C. Permanent Protection Order (PPO) issued by the court after notice and proper hearing priority over all other cases effective until revoked by the court Enforceable anywhere in the Philippines Violation: fine of 5T to 50T and/or imprisonment for 6 months Violation shall constitute contempt of court .
COURT MAY GRANT ANY OR ALL OF THE FOLLOWING RELIEFS: Lawful possession and use of automobile and other essential personal effects by petitioner regardless of ownership and under supervision of law enforcement officers Temporary or permanent custody of children to the petitioner Support to be provided to the woman and her child if entitled to legal support Appropriate percentage of salary of respondent to be withheld regularly by employer and remitted directly to petitioner Any delay without justifiable cause constitutes indirect contempt of court .
annoying. contacting or communicating with petitioner directly or indirectly Respondent removed or excluded from the residence of the petitioner .regardless of ownership of residence either temporarily or permanently where no property rights are violated Respondent allowed to remove personal effects accompanied by law enforcement officer . telephoning .3 Respondent prohibited from harassing.COURT MAY GRANT ANY OR ALL OF THE FOLLOWING RELIEFS: Use or possession of any firearms or deadly weapon prohibited including revocation as well as disqualification to a license Respondent prohibited from threatening to commit or committing personally or through another person any of the acts in sec.
medical expenses. place of work or any specified place frequented by petitioner/family If perpetrator is a law enforcement officer he shall surrender his firearms and will be subjected to administrative investigation Restitution for actual damages caused by the violence inflicted but not limited to property damages. school.COURT MAY GRANT ANY OR ALL OF THE FOLLOWING RELIEFS: Respondent directed to stay away from petitioner or family/ household member at a specified distance from residence. childcare expenses and loss of income .
COURT MAY GRANT ANY OR ALL OF THE FOLLOWING RELIEFS: DSWD or appropriate agency to provide temporary shelter and other social services Other forms of relief as the court deems necessary PPO effective until revoked upon application of the person in whose favor the order was issued Regardless of the conviction or acquittal at respondent. the court must determine .
2.HOW TO APPLY FOR PROTECTION ORDER: 1. Must be in writing. signed/verified under oath by applicant Shall contain: names & addresses of petitioner & respondent description of relationship between petitioner & respondent statement of circumstances of abuse reliefs requested request for counsel & reasons for such .
Protection orders are enforceable anywhere in the Philippines Violation thereof punishable with Fine ranging from 5.000-50. drugs or any mind-altering substance is not a defense.000 and 6 months imprisonment PROHIBITED DEFENSE: Being under the influence of alcohol. .
5. 3. 4. 2. Provides for a prescriptive period from 10-20 years Defines VAWC as a public crime Custody of minor children should be given to the woman even if she is suffering from BWS.OTHER SALIENT FEATURES: 1. Considered a public crime Confidentiality clause .
CIVIL. . police authority. private individual. who: responds or intervenes without using violence or restraint greater than necessary to ensure the safety of the victim. barangay officials acting in accordance with law.EXEMPTION FROM LIABILITY NO CRIMINAL. ADMINISTRATIVE LIABILITY: For any person.
PENALTIES FOR FAILURE TO REPORT Barangay Officials or Law Enforcers who fails to report the incident shall be liable for a fine not exceeding P10. .000.00 or civil. criminal or administrative liability.
for protecting themselves and their children .TAKE NOTE: Violence in the home usually escalates Domestic violence is a crime Women must take responsibility for their situation.
the crime is PARRICIDE or INFANTICIDE. When a person kills his child.CRIMINAL ACTIONS When a person kills his/her LEGAL spouse. When a person kills his live-in partner. the crime is PARRICIDE. the crime is MURDER or HOMICIDE. .
alcohol .WARNING: POTENTIAL BATTERER! Extreme jealousy and possessiveness Controlling . domineering Cruelty to animals. subordinates Poor communication and coping skills Addiction to drugs .
extreme mood swings Using sex to control or for the wrong reasons .WARNING: POTENTIAL BATTERER! Anti-female attitude or male chauvinism Tendency to blame others Family history of domestic violence Unpredictability .
According to Women’s Legal Bureau (WLB) there are nineteen(19) most cited reasons why women stay in abusive relationships. She is afraid of what the husband might do to her. “I can’t live without you” The man might change for the better. . She does not want to be blamed by the parents for the breakup of the family. She cannot abide a broken family. She cannot support the children by herself. She is doing it for the children. She still loves the man despite everything. to wit.
She probably deserves the beating. she will not get beaten. Wife beating is part of the hazards of getting married. it is just natural for women to get beaten. If she improves herself. She is afraid to be alone and lonely. She does not know that she has the right not to be beaten. She pities the man because nobody else understands him. The husband might take her children. . To maintain the good reputation of the man.
. She grew up thinking that pleasing a man is a woman’s responsibility. and She is used to it and will miss it. He might lose his job if she calls the police.It is a family affair and others should not meddle.
WHAT YOU CAN DO? Make home a welcome place Pray with your family Grow together Take time to express your love for each other Make wise investments for each other Learn to listen and say SORRY! Forgive and Forget…. .
ACTION STEPS TO END DOMESTIC VIOLENCE Develop a school-based curriculum on human rights. children’s rights. esp. Support government initiated programs . Speak against violence in tri.media.
Because he sent me flowers today. And he said a lot of cruel things that really hurt me. It wasn't my birthday or any other special day.I GOT FLOWERS TODAY BY: PAULETTE KELLY (1992) I got flowers today. I know he is sorry and didn't mean the things he said. We had our first argument last night. .
he threw me into a wall and started to choke me It seemed like a nightmare I couldn't believe it was real I woke up this morning sore and bruised all over I know he must be sorry Because he sent me flowers today.I got flowers today It wasn't our anniversary or any other special day Last night. .
I got flowers today. what will I do? How will I take care of my kids? What about money? I'm afraid of him and scared to leave But I know he must be sorry Because he sent me flowers today. and it wasn't Mother's Day or any other special day Last night. he beat me up again And it was much worse than all the other times If I leave him. .
he finally killed me He beat me to death.I got flowers today Today was a very special day It was the day of my funeral Last night.. I would not have gotten flowers.. If only I had gathered enough courage and strength to leave him.today. .
NOTE: Men can also be victims of domestic violence at the hands of their wives.REMEMBER…. . Treat all victims with sensitivity.
THANK YOU .
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