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Referral

Pathway in
Handling Women
and Child Abuse
Cases
By: IVAN HERBERT DEJARME

Survivor Centered
Approach
The survivor-centered approach aims to create
a supportive environment in which the
survivors rights are respected and in which she
is treated with dignity and respect. The
approach helps to promote the survivors
recovery and her ability to identify and express
needs and wishes, as well as to reinforce her
capacity to make decisions about possible
interventions (UNICEF, 2010). Providers must
have the resources and tools they need to

Referral System on Violence


Against Women at the Local
Government Unit Level

R.A. 9262

DOMESTIC
VIOLENCE
Program: RESCUE by GMA
NETWORK NEWS and
PUBLIC AFFAIRS
A woman retracts her complaint
on domestic violence due to her
fear of what might happen to
her and her children in the
coming days.

MULTIDISCIPLINARY
TEAMS:
DSWD-M/P/CSWDO
WCPD-PNP
MHO
BARANGAY
VAWC DESK

BCPC/VAWC
DESK

REGIONAL TRIAL
COURT

PROSECUTOR

NGO/FAITH-BASED
ORGANIZATION
/INTERNATIONAL
NGO/UNITED NATIONS
AGENCIES

MULTIDISCIPLINAR
Y TEAM

PHILIPPINE
NATIONAL POLICE

HOSPITAL/CLINIC
OR PRIVATE
PHYSICIAN

REPORTING PARTY

NATIONAL BUREAU
OF INVESTIGATION

Reporting Party:
SURVIVOR or anyone who has knowledge of CP and/or GBV
incident
Child/Youth
Barangay Officials
Law Enforcers
Hospital/Clinics or Private Physicians
Media (Radio, TV, Print)
Parents/Guardians/Relatives
Concerned Citizens/ Organizations
School Officials/Teachers

VICTIM-SURVIVOR and the


BARANGAY

Protecti
on
Order

The VAWC law (RA 9262) mandates the barangay officials to


take immediate action upon being informed of a violent
incident and is mandated to issue a Barangay Protection
Order (BPO) on the date of filing after ex parte determination
of the basis of application. Please note that all forms of
amicable settlement under the Katarungang Pambarangay
such as mediation, settlement, conciliation, arbitration shall
not apply to cases of VAWC. Further, under the same
provision of the IRR, the barangay officials shall report the
incident to the PNP and to the C/MSWDO within 4 hours from
the time of reporting.

VICTIM-SURVIVOR and the


LAW ENFORCEMENT AGENCY
A common flow of referral for VAW cases is for
the victim to report the incident to the law
enforcement agency, in most cases to the PNP
since the NBI is not always available at the
city/municipal level. In some instances, the
victim may approach the barangay for
information and support which may assist the
victim by referring her to the police to file a
complaint and subsequently to the C/MSWDO.

VICTIM-SURVIVOR and the


PUBLIC PROSECUTORS OFFICE
The LEA works closely with the prosecutor in seeing to
it that the victim-survivor is able to seek justice. The
prosecutor is under the DOJ and has offices at the city
and provincial levels. They are assigned in the Regional
Trial Courts which are designated as Family Courts for
the prosecution of VAW cases. On the other hand, the
victims-survivors may also be represented by the Public
Attorneys Office (PAO) or the members of the
Integrated Bar of the Philippines (IBP) or volunteer legal
associations such as the International Justice Mission
(IJM), Women LEAD and the Womens Legal Bureau
(WLB).

VICTIM-SURVIVOR and the P/C/MHO,


WCPU/MEDICAL FACILITY/
RURAL HEALTH UNIT
A victim-survivor may go directly to a medical facility or
be referred by the police or the C/MSWDO for provision of
immediate medical treatment and other medical services.
The Women and Children Protection Unit of a Provincial
Hospital is primarily in-charge of handling women victimsurvivors of VAW. Aside from medical intervention, the
WCPU provides a holistic approach for the recovery of the
victims-survivors as it has a medical social worker, a
psychologist or a psychiatrist as members of the team

VICTIM-SURVIVOR and the


P/C/MSDWO
As a service provider, the P/C/MSWDO is
mandated by the various anti-VAW laws to provide
a comprehensive program for the recovery and
reintegration of the victims-survivors of violence.
If services are not available within its jurisdiction,
the Head of Office/case manager make referrals
to other government agencies and to NGOs which
are part of the referral network.

VICTIM-SURVIVOR and the


NGO/FBO
NGOs and FBOs are encouraged to be
part of the referral system/network in the
area and coordinate with the C/MSWDO
as the referral coordinating agency. They
are encouraged to use the referral forms
and be included in the data base for VAW
clients.

Barangay VAWC Desk:


A VAW Desk is a physical facility that addresses VAW cases in a
manner that is gender-sensitive. Managed by a person assigned by
the Punong Barangay, it is where the victim-survivor can
immediately go to seek help. The VAW Desk must be furnished
with items and equipment necessary to make it fully functional.
Because it is important that the right to privacy and security of the
victim-survivor is respected, the following must be maintained:
1. An assurance of confidentiality throughout the engagement with
the client; and
2. The intake interview, using the prescribed intake form of the
barangay, should be done in a place where the client feels
comfortable and safe so she could relate her story without fear.

Protocol for Case


Management of Child Victims
of Abuse, Neglect, and
Exploitation

RA 7610

CHILD
ABUSE
Program: BISTADO by ABSCBN News and Current Affairs.
Three (3) separate cases of child
abuse addressed by Julius
Babao and his BISTADO Team.

BARANGAY

The Flowchart on the Management of Cases of


Child Abuse, Neglect, and Exploitation

PNP/NBI

JOINT
INTERVIEW
SW & POLICE

DSWD OR
C/MSWDO

INTAKE
INVESTIGAT
E
HOME VISIT

MANDATORY
REPORTERS

MEDICOLEGAL
EXAM

ANYBODY

MDC
C

SINUMPAAN
G
SALAYSAY,
OTHER
EVIDENCE

FILING OF
COMPLAINT

SAFE
NOT SAFE

PSYCHOSOCIAL
AND OTHER
SUPPORT
SERVICES

PROTECTIVE
CUSTODY/
INVOLUNTARY
COMMITMENT

INQUEST

PRELIMINARY
INVESTIGATIO
N

HEALING, RECOVERY,
AND REINTEGRATION
(OR INDEPENDENT
LIVING OR LOOK FOR
A NEW COMMUNITY
FOR REINTEGRATION

FILING OF
INFO
TO COURT

DISMISSED

COURT

MOTION FOR
RECONSIDERATIO
N

WARRANT
OF
ARREST

TRIAL

Reporting at the Barangay


The barangay is often the nearest place where
a child victim or witness of child abuse may run
to and seek assistance. The barangay must
designate
a
child
and
gender-sensitive
barangay kagawad or tanod, preferably female,
who shall be in charge of its barangay help
desk that shall receive and monitor all child
abuse and VAW-related cases, and refer the
child victim to the proper agency for
appropriate intervention.

Reporting to and Investigation


by the Law Enforcement Agency
Victims and witnesses may report
directly
to
the
nearest
law
enforcement agency (LEA). They
may either seek the assistance of
any women and children protection
desk of the PNP or of the NBI.

Complementary Roles of DSWD


and LSWDO
The DSWD or the LSWDO social worker
plays a crucial role in the management of
cases of child abuse. The social workers
intervention
is
required
from
the
beginning and for as long as may be
necessary to monitor the childs safety
and situation.

Intake
Interview
and
Assessment by the Social Worker
The Social worker must conduct,
within 48 hours from the complaint,
a visit to the childs home, school,
workplace,
or
where
the
abusive/exploitative
situation
is
allegedly taking place.

Rescue of a Child Victim


If, based on the report received either by
DSWD or LSWDO or LEA, a rescue
operation is necessary, the social worker
and the police shall immediately meet to
plan the rescue and determine the action
necessary to protect the child.

The Mandatory Reporters


1. The following are mandated to make a report, either orally
or in writing, to DSWD/LSWDO within forty-eight (48) hours,
the examination and/or treatment of a child who appears to
have suffered from abuse:
* Head of any public or private hospital, medical clinic and
similar institutions, and
* Attending physician and nurse.
2. Failure to report a child abuse case shall be punishable
with a fine of not more than two thousand pesos (P2,000.00)
or as may be determined in the future by a court with
jurisdiction.

Protective Custody and


Involuntary Commitment
When investigation discloses sexual abuse, serious physical injury,
or life-threatening neglect, the LSWDO social worker, with the
assistance of the LEA and/or barangay, shall immediately remove
the child from the home or the establishment where the child was
found and must place the child under protective custody to ensure
the childs safety.
Protective custody shall be exercised by DSWD, thru its SWAD
team or SWO II, when there is no functional LSWDO; no licensed
LSWDO social worker; or when the local political climate threatens
the life and security of the licensed LSWDO social worker.

Medical Evaluation / MedicoLegal Examination


In all cases, the child shall be
immediately referred to a WCPU or
hospital for medical evaluation
and/or medico-legal examination.

Joint Interview
A joint interview by the social worker and
the LEO is advisable to avoid repeated
interviews that would re-traumatize the
child. If a complaint has already been
made, it is advisable for the social worker
and the LEO to conduct a joint interview.

Multi-Disciplinary Case
Conference
A multi-disciplinary case conference is a good venue to
gather all professionals such as the social worker,
doctor, police, and representatives of the temporary
shelter or foster home directly involved in handing a
child who is, or is believed to be, a victim of child abuse
and the childs family. Other disciplines such as a
mental health professional and a lawyer, if available
and involved, may also be invited. This is a good
opportunity to analyze issues pertinent to a child victim
and come up with an inter-agency plan and
recommendation for the child and the family.

Inquest / Preliminary
Investigation
The Prosecutor General, Provincial
Prosecutor,
or
City
Prosecutor
exercises a quasi-judicial role in the
conduct of inquest or preliminary
investigation of child abuse, neglect,
or exploitation cases.

The Role of the Social Worker and the


LEO at Inquest or Preliminary
Investigation
The LSWDO social worker (or SWAD team or SWO
II, in the absence of a licensed LSWDO social
worker) or NGO social worker and the LEO shall
work with the child and the childs family in the
case build-up against the alleged perpetrator.
Without
compromising
the
Investigating
prosecutors impartiality and the integrity of the
proceedings, the social worker and the LEO shall
continue to assist the child and endeavor to make
the proceedings child and gender-sensitive.

The Role of the Social Worker,


Prosecutor and LEA Before and
During Trial

Effective
coordination
among
the
Prosecutors Office, the social worker, and
the LEO can set a positive tone for the
child who will enter and participate in a
court proceeding. With their help, the
child can prepare for the court testimony
and communicate effectively with the
Court and follow up the expeditious
resolution of cases.

Healing, Recovery, and


Reintegration
The child can be further protected and the adverse
effects of the abuse may be reduced through programs
and services designed for the child victims recovery
and reintegration with the family and the community.
The social worker, with the help of the other team
members, plays a crucial role in determining other
psychosocial interventions geared towards healing,
recovery and reintegration. These psychosocial
interventions, however, must be commenced right after
the first contact with the child and not when the child is
about to be reintegrated to the community.

VAWC SCENARIO
SCENARIO #1
A friend comes to you extremely agitated and says her husband beat her last night.
She says she doesn't know what to do. You can see she's very panicky. Everything
you suggest just seems to provoke more anxiety and fears. When you try to respond
to one aspect of the problem, your friend interrupts frantically and jumps to another.
What do you do?
SCENARIO #2
You find your teenage daughter crying and sobbing inconsolably in her bedroom.
When you finally get your daughter to talk, she tells you that she was beaten the
night before by her boyfriend. But when you suggest calling the police, your daughter
adamantly refuses, and says she doesn't want to talk to anyone. What do you do?

CHILD ABUSE SCENARIO


SCENARIO #1
While you were walking on your way home, you see a crying child on the side
of the street. You notice that the child has a lot of bruises on his face and
arms. You try to talk to the child but the child just remains silent. You suspect
that the child is being abused. What do you do?
SCENARIO #2
After coming home from work, you hear the sound of a crying child. When you
looked for where the cries are coming from you see that your next door
neighbor is beating his 7 year old son. After severe blows on the head with a
stick, you saw that the child fell to the ground and the crying stopped. You