essay about ra 9262

A Summary on Expanded Violence Against Women and Children

“Expanded” Violence Against Women and Children

Under Republic Act No. 9262, otherwise known as the Anti-Violence Against Women and Their Children Act of 2004 (“VAWC”), the concept of “violence” against women and children includes not just physical violence, but also sexual violence, psychological violence, and economic abuse, including threats of such acts, battery, assault, coercion, harassment, or arbitrary deprivation of liberty. [1] The law penalizes 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.”

In the 15 years since the enactment of the VAWC, some in Congress have perceived the need to expand the law to specifically include acts of violence that utilize electronic communications and social media platforms to inflict psychological violence. One such expression of this urge to modernize the law is embodied by House Bill No. 8655, which seeks to enact the “Expanded” Anti-Violence Against Women and Their Children Act”. It should not escape notice though that Republic Act No. 10175, or the Cybercrime Prevention Act of 2012, had effectively updated the VAWC by criminalizing as cyber-crimes those criminal acts under the VAWC that are committed through the use of information and communications technologies. ¶

Addressing the gaps on cybercrime against women and children

As a response to the recent and emerging threats to the welfare of women and children, the House of Representatives last December approved on final reading a bill that will help victims, law enforcers, prosecutors, and the court to punish violators and abusers who utilize electronic communication and social media platforms to inflict psychological violence through intimidation, harassment, stalking, public ridicule or humiliation, repeated verbal abuse, and marital infidelity against women and children. [2]

House Bill 8655 or the Expanded Anti-Violence Against Women and Their Children [Act of 2004] (E-VAWC) Bill [3] seeks to amend Republic Act No. 9262 by penalizing psychological violence through the use of information and communications technology (ICT) devices. The bill aims to expand the scope of protection afforded to women and children by including psychological violence committed through the use of electronic devices or ICT.

Cybercrime and other laws on ICT-related violence against women and children

Section 3 (a) of the E-VAWC Bill states that Electronic or ICT-related violence refers to any act or omission involving the use or exploitation of data or any form of ICT which cause or is likely to cause mental, emotional, or psychological distress or suffering to the women and her children. The E-VAWC Bill more specifically aims to provide an added layer of protection to a rather vulnerable sector by including acts that were not previously defined or understood. Some of these prohibited acts have recently caught the attention of the public due to apparent ill usage of technology. [4]

It should be noted though that under existing laws, certain acts of violence against women and children involving the use of ICT technologies are already penalized as crimes. Perhaps the most significant of these laws is the Cybercrime Prevention Act of 2012, Section 6 of which imposes a higher penalty for crimes already defined and penalized by existing penal laws and are committed through and with the use of information and communications technologies. Among these existing laws would be the present VAWC.

The Anti-Child Pornography Act, enacted in 2009, defines “child pornography” broadly as to include electronic, mechanical, digital, optical, magnetic or any other means, of any representation, whether visual, audio, or written combination thereof of child pornography. Another existing law, the Anti-Photo and Video Voyeurism Act or Republic Act No. 9995 [5] , prohibits recording videos or taking photos of a sexual act, the male or female genitalia, and of the female breast, among others, without consent of the persons featured in the material. R.A. No. 9995 was crafted to serve as a deterrent against the increasing reproduction, distribution, and publication of the material regardless of whether or not the persons featured consented to the recording. [6]

There could very well be some overlap between acts already penalized under current laws, and those sought to be punished under the E-VAWC Bill. Some of the acts included in ICT-related violence in E-VAWC are unauthorized recording, reproduction, distribution, use, sharing or uploading or any photograph, video, or other form of electronic and/or artistic presentation showing or depicting in any form or manner the genitalia of a women and those of her children, any sexually-related verbal or nonverbal expression or gesture of the woman and her children which may be construed as lewd, indecent, or obscene, any purported violent or errant behavior of the woman and her children or the use of intoxicating or prohibited substance or drugs, and any similar recording, reproduction, distribution, use, sharing or uploading of any audio presentation and data, including sound clips of the same nature previously mentioned. [7]

Similar to the punishable acts in R.A. No. 9995, provisions on E-VAWC include prohibition on any unauthorized use of a photograph, video, voice recording, name or any mark, reference or character identifiable with a woman and her children and suggestive of a wrongdoing, conduct, or attribute that tends to besmirch the reputation of the woman and her children.

Expanding existing laws on VAWC

Nonetheless, the E-VAWC Bill lays particular stress on the elements of harassment, intimidation, coercion, threat, or vilification of the woman and her children through any form, as well as any form of stalking including hacking of personal accounts on social media and the use of location data from electronic devices, fabrication of fake information or news through text messages or other cyber, electronic, or multimedia technology. Another newly-defined act of electronic violence that the E-VAWC Bill has introduced is the penalty against abusers who create fake social media accounts using an alias or a different personal information will ill intent and malice to sow intrigue and inflict harm. [8]

This particular emphasis of the E-VAWC Bill is timely in an era where social media has become increasingly powerful in terms of scope, real-time effect, and the irreparable damage it can cause to the welfare of women and children. The E-VAWC Bill and the attempt to expand what VAWC means, are emerging responses to current and relevant issues that women and children face.

[1] Sec. 3(a), VAWC.

[2] http://newsbytes.ph/2018/12/08/house-bill-against-online-shaming-of-women-kids-approved-on-2nd-reading/

[4] https://news.mb.com.ph/2018/12/08/final-house-nod-on-expanded-vawc-forthcoming/

[5] https://privacy.com.ph/articles/the-anti-photo-and-video-voyeurism-act-of-2009-a-primer/

[8] https://docs.google.com/viewerng/viewer?url=http://newsbytes.ph/wp-content/uploads/2018/12/E-VAWC.pdf&hl=en

The problem of violence against women and children

By Diana J. Mendoza, PhD

Every year from Nov. 25 to Dec. 12, the Philippines observes an 18-Day Campaign to End Violence Against Women (VAW). This annual 18-day campaign was inspired by the global 16 Days of Activism Against Gender-Based Violence, an international campaign coordinated by the Center for Women’s Global Leadership. First launched in 1991, the core 16 Days of Activism against VAW takes place every year beginning on Nov. 25 and ending on Dec. 10 which is an International Human Rights Day, hence, affirming that violence against women is a human rights violation.

The Philippines joined the global campaign in 2002 through the Philippine Commission on Women. In 2006, the national campaign was extended to 18 days to include Dec. 12 to mark the signing in 2000 of the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children and to supplement the UN Convention Against Transnational Organized Crimes.

Through Proclamation 1172, Nov. 25 to Dec. 12 of every year was declared as the “18-Day Campaign to End Violence against Women in the Philippines.” Nov. 25 of every year was also declared as the National Consciousness Day for the Elimination of Violence against Women and Children (VAWC) by virtue of Republic Act 10398, signed in 2013.

For the years 2016-2021, “VAW-free community starts with me” is the Philippine’s campaign theme in its annual observance of the 18-Day Campaign to End VAW. Led by the Philippine Commission on Women in coordination with Inter-Agency Council on Violence Against Women and Children (IACVAWC), “the campaign emphasizes everyone’s commitment and contributions on ending VAW, and presents an ideal picture of a VAW-free community, thus inspiring the general public to make a personal commitment to end violence against women and children.” (Philippine Commission on Women)

Almost 16 years ago, the Philippine Congress passed RA 9262 or the “Anti-Violence Against Women and their Children Act of 2004.” The law was considered a policy breakthrough as it provides a comprehensive policy regime that addresses the problem of VAWC in the country. By addressing the limitations and/or inadequacies of the country’s previous laws, the law creates a better policy environment to deal with issues of VAWC.

The Anti-VAWC law recognizes violence against women and their children as a public crime. It defines VAW so broadly that economic abuse is recognized and penalized under the law. It extends protection to all women victims, regardless of their marital or civil status. The law also provides legal and social remedies that protect and secure the rights and interests of the woman as victim. Lastly, the law recognizes and penalizes marital rape as a crime.

It has been almost 16 years now since the passage of the Anti-VAWC law, in that time has the Philippines become a VAWC-free country?

The results of the 2017 National Demographic and Health Survey (NDHS) by the Philippine Statistical Authority (PSA) would show otherwise. The 2017 NDHS is the 6 th DHS survey to be conducted in the Philippines in collaboration with the worldwide Demographic and Health Surveys Program, and the 11 th national DHS in all. It covered a nationally representative sample of 25,074 women age 15-49 in 27,496 surveyed households across the 17 regions in the country.

Violence against women in various forms continue to exist as reported in the 2017 NDHS. Nonetheless, the 2017 NDHS survey recorded a decline of violence against women from the previous 2013 and 2008 surveys.

For instance, “Spousal violence experienced by ever-married women by their current or most recent husband/partner, whether physical, sexual, or emotional has declined slightly from 29% in 2008 and 26% in 2013 to 24% in 2017. Women’s experience of physical violence has decreased slightly over time, from 20% in 2008 and 2013 to 17% in 2017. Similarly, women’s experience of physical violence in the 12 months preceding the survey has declined slightly, from 7% in 2008 to 5% in 2017. Women’s experience of sexual violence declined from 8% in 2008 to 5% in 2017.” (NDHS 2017)

Two alarming findings from the 2017 NDHS survey, however, deserve urgent attention from policymakers and implementers. First, while women’s experience of injuries as a result of spousal physical or sexual violence decreased from 41% in 2013 to 37% in 2017, the figure in 2017 is still higher than the 36% recorded in 2008. Second, while the respondents were aware of the legal and social remedies and protection measures provided by the Anti-VAWC law, still, women who have experienced physical or sexual violence sought help from their own family (65%), followed by friends (18%), and neighbors (10%). Only 6% of women have sought help from the police. These results mirror 2013 and 2008 survey findings.

These key findings prompt us to raise more questions. One, why don’t women who have experienced violence in various forms resort to the legal and social protection measures provided by the Anti-VAWC law? Two, are the legal and social interventions by the government agencies mandated to address VAWC poorly implemented and enforced? Three, aren’t the Filipino publics highly informed, and not just aware, about VAW as a human rights violation and there are legal and social remedies that they can access and resort to for help?

Perhaps, the next NDHS survey will consider these questions to aid our policymakers and implementers for future policy planning and implementation. Perhaps, too, national government and local government units take these findings more seriously so that the women who have experienced violence do not remain as plain statistics or numbers, nameless and faceless. Rather, let these findings be the voice of these women who have been continuously silenced, either by the society or by the law.

Diana J. Mendoza, PhD, is Chair of the Department of Political Science at the Ateneo de Manila University.

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Policy Analysis on Republic Act No. 9262

The fight for the rights of women against violence was emphasized during the Cold War and postwar era when women leaders brought up the subject relating to the rank of women in the society. This discussion resulted to the affirmation of the Decade for Women (1976-1985) which talks about the desire of women worldwide for equality, peace and development.

Despite this improvement, violence against women was not acknowledged as a human rights issue up until the Vienna Conference on Human Rights which was held last 1993. In the conference, the UN General Assembly approved a Declaration for the Elimination of Violence Against Women. Article 1 of the Declaration states that: violence against women is an obstacle to the achievement of equality, development and peace, as recognized in the Nairobi Forward-looking Strategies for the Advancement of Women, in which a set of measures to combat violence against women was recommended, and to the full implementation of the Convention on the Elimination of All Forms of Discrimination against Women…violence against women constitutes a violation of the rights and fundamental freedoms of women and impairs or nullifies their enjoyment of those rights and freedoms, and concerned about the long-standing failure to protect and promote those rights and freedoms in the case of violence against women… violence against women is a manifestation of historically unequal power relations between men and women, which have led to domination over and discrimination against women by men and to the prevention of the full advancement of women, and that violence against women is one of the crucial social mechanisms by which women are forced into a subordinate position compared with men” It is specified that violence against women (VAW) prevents women from achieving fairness and freedom, and the enjoyment they can get from it.

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It is also clearly stated that VAW resulted from gender disparity, which hinders women from showing what their full potentials are, and should be acknowledged by different government agencies as harm to human rights. In the Philippines both government and non-government organizations made a substantial progress in terms of addressing and eradicating VAW. The passage of Republic Act No. 9262 or more commonly known as Anti-Violence Against Women and Their Children Act of 2004 is one of the foremost accomplishments made by the government in addressing VAW. This Republic Act was approved last March 8, 2004 during the celebration of International Women’s Day. In addition, it authorized the creation of the Inter-Agency Council on Violence Against Women and Their Children (IACVAWC).

Violence against women and their children (VAWC) addresses the occurrence of mistreatments on women and their children by their partners like: husband or ex-husband, live-in partner or ex-live in partner, boyfriend/girlfriend or ex-boyfriend/ex-girlfriend and dating partner or ex-dating partner. These acts of violence can be: physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. Physical abuse contains acts which imposes bodily harm like battery. Economic abuse contains giving inadequate financial support or controlling the marital money. Psychological abuse includes marital disloyalty, verbal abuse, public humiliation or stalking. Sexual violence includes forcing the woman or her child to perform sexual acts or prostituting the woman or her child.

VAWC under the law 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”. Dating relationship means that a relationship occurred between a woman and her partner whereas sexual relationship involves sexual acts which can to pregnancy. The stakeholders of this law are essentially women and their children. Children refers to the children of the abused woman, below 18 years old, legitimate or illegitimate, or those who are 18 years old and above but are unable of taking care of themselves, comprising children who are not her biological children but are under her care.

Victims of VAWC can acquire barangay protection order (issued by the Punong Barangay, or if unavailable, by a Kagawad) and/or temporary or permanent protection order from the court (issued the Family Court), or file for criminal action (issued by the Regional Trial Court or the Municipal Trial Court) through this law. In terms of filing a case, basically anyone who has information of the crime may do on the victim’s account. This may consist of parents or guardians, social workers, relatives, and the police force. Different programs and projects have been implemented to lessen the effect of violence against women. These programs involve temporary care and shelter for Women in Especially Difficult Circumstances, called the Haven, Crisis Intervention Unit of the Department of Social Welfare and Development.

The Women and Children Protection Program has also been established by the Department of Health in several hospitals in the state whereas the Philippine National Police has a Women’s and Children’s Desk, primarily managed by female police. Non-government organizations have also elevated the awareness of the public on VAWC by giving care and support for the victims even before government services were provided. Many of these programs started by different NGOs have been adopted by the government. An example of these programs is: Approach to Violence Against Women (COMBAT? VAW) initiated by the Women’s Legal Bureau and the HASIK. Other remarkable women NGOs that have fought for VAW since the beginning are SALIGAN (a legal group), KALAKASAN (Women Against Violence, an NGO providing shelter and counseling) and Women’s Legal Bureau (legal group).

Several research projects about coping and dealing with violence and maintaining a system of services devoted to helping VAW survivors are being fulfilled by these groups. They have also thoroughly tried to retain records of their clients and services to help establish data on the scope and nature of acts of violene against women. This law can be compared to Republic Act No. 8369 or The Family Courts Act of 1997 which essentially creates the family courts in the Philippines giving them access over child and family cases. Under Section 5 or the Jurisdiction of Family Courts, it states that Family Courts has an authority to hear and decide on domestic violence against women and children. A part of Section 5 states that: The Family Courts shall have exclusive original jurisdiction to hear and decide…cases of domestic violence against: women – which are acts of gender based violence that results, or are likely to result in physical, sexual or psychological harm or suffering to women; and other forms of physical abuse such as battering or threats and coercion which violate a woman’s personhood, integrity and freedom of movement; and children – which include the commission of all forms of abuse, neglect, cruelty, exploitation, violence and discrimination and all other conditions prejudicial to their development. If an act constitutes a criminal offense, the accused or batterer shall be subject to criminal proceedings and the corresponding penalties. If we compare this law to Anti-VAWC, we can tell that there is a significant improvement. Whereas The Family Courts Act is only limited to physical, sexual and psychological harm towards women, Anti-VAWC broadened these acts of violence up to economic abuse. Aside from that, Another is that The Family Courts Act is only limited around the family. It doesn’t include parties living as husband and wife without the benefit of marriage, thus limiting to coverage of this law. Also, this law doesn’t allow the involvement of barangay, instead they are handled by specialists from different departments of the government particularly Department of Social, Welfare and Development (DSWD).

The Family Courts Act is more difficult to access compared to Anti-VAWC because VAWC related issues are easier to be voiced out since it includes the involvement of barangays, Another law related to Anti-VAWC is Republic Act No. 8505 or the Rape Victim Assistance and Protection Act of 1998. Both laws pertains to sexual violence, one of the several acts of VAWC. Also, Section 41 of Anti-VAWC and Section 3 of Rape Victim Assistance and Protection (RVAP) share the same objective. Section 40 and Section 41 of Anti-VAWC states that: “The DSWD, and LGU’s shall provide the victims temporary shelters, provide counseling, psycho-social services and /or, recovery, rehabilitation programs and livelihood assistance. The DOH shall provide medical assistance to victims. “The DSWD shall provide rehabilitative counseling and treatment to perpetrators towards learning constructive ways of coping with anger and emotional outbursts and reforming their ways. When necessary, the offender shall be ordered by the Court to submit to psychiatric treatment or confinement. ” Section 3 of Rape Victim Assistance and Protection on the other hands states that: “The Department of Social Welfare and Development (DSWD), the Department of Health (DOH), the Department of the Interior and Local Government (DILG), the Department of Justice (DOJ), and a lead non-government organization (NGO) with proven track record or experience in handling sexual abuse cases, shall establish in every province and city a ape crisis center located in a government hospital or health clinic or in any other suitable place for the purpose of…providing rape victims with psychological counseling, medical and health services, including their medico-legal examination. ” Both laws intend on helping individuals by providing them counseling and health services to ensure their recovery. There is a significant improvement in the services being provided by Anti-VAWC though. Whereas RVAP is only focused on giving counseling and medical services, Anti-VWAC is dedicated on giving services such as counseling, pyscho-social service, rehabilitation programs and livelihood assistance. This will not only ensure the recovery of women and their children but also the future awaiting for them. From this comparison of Anti-VAWC with two related and older laws, clearly an improvement was achieved.

It is not only more clearly identified but also it has a more vivid vision of what it wants to achieve. The objectives of the law are evidently stated and the planned course of actions that should be taken are well detailed and identified Bibliography Declaration on the Elimination of Violence against Women. (1994, February 23). Retrieved March 25, 2013, from United Nations General Assembly: http://www. unhchr. ch/huridocda/huridoca. nsf/(Symbol)/A. RES. 48. 104. En Alviola, A. (2013, March 19). Anti Violence Against Women and Their Children. Retrieved March 25, 2013, from Dr. Jovito R. Salonga Center For Law and Development: http://salongacenter. rg/2013/03/anti-violence-against-women-and-their-children/ Anti-Violence Against Women and Their Children Act. (n. d. ). Retrieved March 25, 2013, from Captain Barangay to the Rescue: http://captainbarangay. wordpress. com/laws/anti-violence-against-women-and-their-children-act-ra-9262/ Philippine initiatives to eliminate VAW. (n. d. ). Retrieved March 25, 2013, from Philippine Commission on Women: http://pcw. gov. ph/focus-areas/violence-against-women/initiatives Philippine Laws and Judisprudence Databank. (n. d. ). Retrieved March 25, 2013, from The LawPhil Project: http://www. lawphil. net/statutes/repacts/ra1997/ra_8353_1997. html Philippine

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Implementation of RA 9262 Otherwise Known as Anti-Violence Against Women and Children

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REPUBLIC ACT NO. 9262 AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES

Sec. 2. Declaration of Policy.-It is hereby declared that the State values the dignity of women and children and guarantees full respect for human rights. The State also recognizes the need to protect the family and its members particularly women and children, from violence and threats to their personal safety and security. Towards this end, the State shall exert efforts to address violence committed against women and children in keeping with the fundamental freedoms guaranteed under the Constitution and the Provisions of the Universal Declaration of Human Rights, the convention on the Elimination of all forms of discrimination Against Women, Convention on the Rights of the Child and other international human rights instruments of which the Philippines is a party. Sec. 3. Definition of Terms.-As used in this Act: (a) "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. It includes, but is not limited to, the following acts: A. "Physical Violence" refers to acts that include bodily or physical harm; B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman or her child. It includes, but is not limited to: a) Rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim's body, forcing her/him to watch obscene publications and indecent shows or 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; b) Acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other harm or coercion;

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The report is the culminating activity under the Research Component of the project funded by the European Union called “Private and Public Faces of Violence Against Women: Addressing Domestic Violence and Trafficking in the Urban Poor Communities and Entertainment Centers of Angeles City and Olongapo City,” or “The Red AVP” (The Red Anti-Violence Project). The research started in mid-November 2009 and was completed in June 2010. Several months of painstaking efforts were done by the Research Team to track down and collect official documents related to the enforcement of Republic Act (R.A.) 9262, or the Anti-Violence Against Women and Their Children (Anti-VAWC) Act of 2004, and R.A. 9208, or the Anti-Trafficking in Persons Act of 2003, and other documents on related concerns. Hundred of hours were spent on focus group discussions (FGDs) and in interviewing local government officials, police, social workers, human rights advocates, barangay officials, members of women’s groups and other civil society groups, and victim-survivors of violence and trafficking. The cooperation of the local government units of the cities of Angeles and Olongapo and Barangays Amsic and Malabanias (Angeles) and Barangays Gordon Heights and West Bajac-bajac (Olongapo) were crucial to the completion of the report. While the present study does not present the entirety of the universe of the two cities and the barangays involved in the project with regard to the situation of violence against women and trafficking, within the timeframe of the research and the project in general, the report provides a lens through which the duty-bearers (State and its instrumentalities) and claim-holders (people/citizens/communities) could address the gaps and challenges pertaining to the laws’ implementation and the delivery of programs and services. There is a twin to this report, that focused on Olongapo City.

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The report is the culminating activity under the Research Component of the project funded by the European Union called “Private and Public Faces of Violence Against Women: Addressing Domestic Violence and Trafficking in the Urban Poor Communities and Entertainment Centers of Angeles City and Olongapo City,” or “The Red AVP” (The Red Anti-Violence Project). The research started in mid-November 2009 and was completed in June 2010. Several months of painstaking efforts were done by the Research Team to track down and collect official documents related to the enforcement of Republic Act (R.A.) 9262, or the Anti-Violence Against Women and Their Children (Anti-VAWC) Act of 2004, and R.A. 9208, or the Anti-Trafficking in Persons Act of 2003, and other documents on related concerns. Hundred of hours were spent on focus group discussions (FGDs) and in interviewing local government officials, police, social workers, human rights advocates, barangay officials, members of women’s groups and other civil society groups, and victim-survivors of violence and trafficking. The cooperation of the local government units of the cities of Angeles and Olongapo and Barangays Amsic and Malabanias (Angeles) and Barangays Gordon Heights and West Bajac-bajac (Olongapo) were crucial to the completion of the report. While the present study does not present the entirety of the universe of the two cities and the barangays involved in the project with regard to the situation of violence against women and trafficking, within the timeframe of the research and the project in general, the report provides a lens through which the duty-bearers (State and its instrumentalities) and claim-holders (people/citizens/communities) could address the gaps and challenges pertaining to the laws’ implementation and the delivery of programs and services. The recommendations outlined in the report are important particularly for the various stakeholders in the cities and barangays concerned. But these are also useful for other cities and barangays whose situations are perhaps not too different from the project partners of The Red AVP.

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Philippine laws, statutes & codes.

A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library.

REPUBLIC ACTS

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Republic of the Philippines Congress of the Philippines Metro Manila

Twelfth Congress Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand three.

REPUBLIC ACT NO. 9262 March 08, 2004

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled :

Section 1. Short Title .- This Act shall be known as the "Anti-Violence Against Women and Their Children Act of 2004".

SECTION 2. Declaration of Policy .- It is hereby declared that the State values the dignity of women and children and guarantees full respect for human rights. The State also recognizes the need to protect the family and its members particularly women and children, from violence and threats to their personal safety and security.

Towards this end, the State shall exert efforts to address violence committed against women and children in keeping with the fundamental freedoms guaranteed under the Constitution and the Provisions of the Universal Declaration of Human Rights, the convention on the Elimination of all forms of discrimination Against Women, Convention on the Rights of the Child and other international human rights instruments of which the Philippines is a party.

SECTION 3. Definition of Terms .- As used in this Act,

(a) " 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. It includes, but is not limited to, the following acts:

A. " Physical Violence " refers to acts that include bodily or physical harm;

B. " Sexual violence " refers to an act which is sexual in nature, committed against a woman or her child. It includes, but is not limited to:

a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim's body, forcing her/him to watch obscene publications and indecent shows or 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;

b) acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other harm or coercion;

c) Prostituting the woman or child.

C. " Psychological violence " 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 marital infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children.

D. " Economic abuse " refers to acts that make or attempt to make a woman financially dependent which includes, but is not limited to the following:

1. withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;

2. deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common;

3. destroying household property;

4. controlling the victims' own money or properties or solely controlling the conjugal money or properties.

(b) " Battery " refers to an act of inflicting physical harm upon the woman or her child resulting to the physical and psychological or emotional distress.

(c) " Battered Woman Syndrome " refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.

(d) " Stalking " refers to 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 directly or indirectly or a combination thereof.

(e) " Dating relationship " refers to 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. A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a dating relationship.

(f) " Sexual relations " refers to a single sexual act which may or may not result in the bearing of a common child.

(g) " Safe place or shelter " refers to any home or institution maintained or managed by the Department of Social Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by the DSWD for the purposes of this Act or any other suitable place the resident of which is willing temporarily to receive the victim.

(h) " Children " refers to those below eighteen (18) years of age or older but are incapable of taking care of themselves as defined under Republic Act No. 7610. As used in this Act, it includes the biological children of the victim and other children under her care.

SECTION 4. Construction .- This Act shall be liberally construed to promote the protection and safety of victims of violence against women and their children.

SECTION 5. Acts of Violence Against Women and Their Children .- The crime of violence against women and their children is committed through any of the following acts:

(a) Causing physical harm to the woman or her child;

(b) Threatening to cause the woman or her child physical harm;

(d) Placing the woman or her child in fear of imminent physical harm;

(e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or child. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman's or her child's movement or conduct:

(1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family;

(2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman's children insufficient financial support;

(3) Depriving or threatening to deprive the woman or her child of a legal right;

(4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victim's own mon4ey or properties, or solely controlling the conjugal or common money, or properties;

(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions;

(g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family;

(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 shall include, but not be limited to, the following acts:

(1) Stalking or following the woman or her child in public or private places;

(2) Peering in the window or lingering outside the residence of the woman or her child;

(3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;

(4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child; and

(5) Engaging in any form of harassment or violence;

(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman's child/children.

SECTION 6. Penalties .- The crime of violence against women and their children, under Section 5 hereof shall be punished according to the following rules:

(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide or murder or homicide shall be punished in accordance with the provisions of the Revised Penal Code.

If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code; those constituting serious physical injuries shall have the penalty of prison mayor; those constituting less serious physical injuries shall be punished by prision correccional; and those constituting slight physical injuries shall be punished by arresto mayor.

Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower than the prescribed penalty for the consummated crime as specified in the preceding paragraph but shall in no case be lower than arresto mayor.

(b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;

(d) Acts falling under Section 5(f) shall be punished by arresto mayor;

(e) Acts falling under Section 5(g) shall be punished by prision mayor;

(f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.

If the acts are committed while the woman or child is pregnant or committed in the presence of her child, the penalty to be applied shall be the maximum period of penalty prescribed in the section.

In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (300,000.00); (b) undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to the court.

SECTION 7. Venue .- The Regional Trial Court designated as a Family Court shall have original and exclusive jurisdiction over cases of violence against women and their children under this law. In the absence of such court in the place where the offense was committed, the case shall be filed in the Regional Trial Court where the crime or any of its elements was committed at the option of the compliant.

SECTION 8. Protection Orders .- A protection order is an order issued under this act for the purpose of preventing further acts of violence against a woman or her child specified in Section 5 of this Act and granting other necessary relief. The relief granted under a protection order serve the purpose of safeguarding the victim from further harm, minimizing any disruption in the victim's daily life, and facilitating the opportunity and ability of the victim to independently regain control over her life. The provisions of the protection order shall be enforced by law enforcement agencies. The protection orders that may be issued under this Act are the barangay protection order (BPO), temporary protection order (TPO) and permanent protection order (PPO). The protection orders that may be issued under this Act shall include any, some or all of the following reliefs:

(a) Prohibition of the respondent from threatening to commit or committing, personally or through another, any of the acts mentioned in Section 5 of this Act;

(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise communicating with the petitioner, directly or indirectly;

(c) Removal and exclusion of the respondent from the residence of the petitioner, regardless of ownership of the residence, either temporarily for the purpose of protecting the petitioner, or permanently where no property rights are violated, and if respondent must remove personal effects from the residence, the court shall direct a law enforcement agent to accompany the respondent has gathered his things and escort respondent from the residence;

(d) Directing the respondent to stay away from petitioner and designated family or household member at a distance specified by the court, and to stay away from the residence, school, place of employment, or any specified place frequented by the petitioner and any designated family or household member;

(e) Directing lawful possession and use by petitioner of an automobile and other essential personal effects, regardless of ownership, and directing the appropriate law enforcement officer to accompany the petitioner to the residence of the parties to ensure that the petitioner is safely restored to the possession of the automobile and other essential personal effects, or to supervise the petitioner's or respondent's removal of personal belongings;

(f) Granting a temporary or permanent custody of a child/children to the petitioner;

(g) Directing the respondent to provide support to the woman and/or her child if entitled to legal support. Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of the income or salary of the respondent to be withheld regularly by the respondent's employer for the same to be automatically remitted directly to the woman. Failure to remit and/or withhold or any delay in the remittance of support to the woman and/or her child without justifiable cause shall render the respondent or his employer liable for indirect contempt of court;

(h) Prohibition of the respondent from any use or possession of any firearm or deadly weapon and order him to surrender the same to the court for appropriate disposition by the court, including revocation of license and disqualification to apply for any license to use or possess a firearm. If the offender is a law enforcement agent, the court shall order the offender to surrender his firearm and shall direct the appropriate authority to investigate on the offender and take appropriate action on matter;

(i) Restitution for actual damages caused by the violence inflicted, including, but not limited to, property damage, medical expenses, childcare expenses and loss of income;

(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and

(k) Provision of such other forms of relief as the court deems necessary to protect and provide for the safety of the petitioner and any designated family or household member, provided petitioner and any designated family or household member consents to such relief.

Any of the reliefs provided under this section shall be granted even in the absence of a decree of legal separation or annulment or declaration of absolute nullity of marriage.

The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner from applying for, or the court from granting a TPO or PPO.

SECTION 9. Who may file Petition for Protection Orders . � A petition for protection order may be filed by any of the following:

(a) the offended party;

(b) parents or guardians of the offended party;

(d) officers or social workers of the DSWD or social workers of local government units (LGUs);

(e) police officers, preferably those in charge of women and children's desks;

(f) Punong Barangay or Barangay Kagawad ;

(g) lawyer, counselor, therapist or healthcare provider of the petitioner;

(h) At least two (2) concerned responsible citizens of the city or municipality where the violence against women and their children occurred and who has personal knowledge of the offense committed.

SECTION 10. Where to Apply for a Protection Order . � Applications for BPOs shall follow the rules on venue under Section 409 of the Local Government Code of 1991 and its implementing rules and regulations. An application for a TPO or PPO may be filed in the regional trial court, metropolitan trial court, municipal trial court, municipal circuit trial court with territorial jurisdiction over the place of residence of the petitioner: Provided, however, That if a family court exists in the place of residence of the petitioner, the application shall be filed with that court.

SECTION 11. How to Apply for a Protection Order . � The application for a protection order must be in writing, signed and verified under oath by the applicant. It may be filed as an independent action or as incidental relief in any civil or criminal case the subject matter or issues thereof partakes of a violence as described in this Act. A standard protection order application form, written in English with translation to the major local languages, shall be made available to facilitate applications for protections order, and shall contain, among other, the following information:

(a) names and addresses of petitioner and respondent;

(b) description of relationships between petitioner and respondent;

(d) description of the reliefs requested by petitioner as specified in Section 8 herein;

(e) request for counsel and reasons for such;

(f) request for waiver of application fees until hearing; and

(g) an attestation that there is no pending application for a protection order in another court.

If the applicants is not the victim, the application must be accompanied by an affidavit of the applicant attesting to (a) the circumstances of the abuse suffered by the victim and (b) the circumstances of consent given by the victim for the filling of the application. When disclosure of the address of the victim will pose danger to her life, it shall be so stated in the application. In such a case, the applicant shall attest that the victim is residing in the municipality or city over which court has territorial jurisdiction, and shall provide a mailing address for purpose of service processing.

An application for protection order filed with a court shall be considered an application for both a TPO and PPO.

Barangay officials and court personnel shall assist applicants in the preparation of the application. Law enforcement agents shall also extend assistance in the application for protection orders in cases brought to their attention.

SECTION 12. Enforceability of Protection Orders . � All TPOs and PPOs issued under this Act shall be enforceable anywhere in the Philippines and a violation thereof shall be punishable with a fine ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment of six (6) months.

SECTION 13. Legal Representation of Petitioners for Protection Order . � If the woman or her child requests in the applications for a protection order for the appointment of counsel because of lack of economic means to hire a counsel de parte, the court shall immediately direct the Public Attorney's Office (PAO) to represent the petitioner in the hearing on the application. If the PAO determines that the applicant can afford to hire the services of a counsel de parte, it shall facilitate the legal representation of the petitioner by a counsel de parte. The lack of access to family or conjugal resources by the applicant, such as when the same are controlled by the perpetrator, shall qualify the petitioner to legal representation by the PAO.

However, a private counsel offering free legal service is not barred from representing the petitioner.

SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay Protection Orders (BPOs) refer to the protection order issued by the Punong Barangay ordering the perpetrator to desist from committing acts under Section 5 (a) and (b) of this Act. A Punong Barangay who receives applications for a BPO shall issue the protection order to the applicant on the date of filing after ex parte determination of the basis of the application. If the Punong Barangay is unavailable to act on the application for a BPO, the application shall be acted upon by any available Barangay Kagawad. If the BPO is issued by a Barangay Kagawad the order must be accompanied by an attestation by the Barangay Kagawad that the Punong Barangay was unavailable at the time for the issuance of the BPO. BPOs shall be effective for fifteen (15) days. Immediately after the issuance of an ex parte BPO, the Punong Barangay or Barangay Kagawad shall personally serve a copy of the same on the respondent, or direct any barangay official to effect is personal service.

The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong Barangay.

SECTION 15. Temporary Protection Orders. � Temporary Protection Orders (TPOs) refers to the protection order issued by the court on the date of filing of the application after ex parte determination that such order should be issued. A court may grant in a TPO any, some or all of the reliefs mentioned in this Act and shall be effective for thirty (30) days. The court shall schedule a hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO. The court shall order the immediate personal service of the TPO on the respondent by the court sheriff who may obtain the assistance of law enforcement agents for the service. The TPO shall include notice of the date of the hearing on the merits of the issuance of a PPO.

SECTION 16. Permanent Protection Orders . � Permanent Protection Order (PPO) refers to protection order issued by the court after notice and hearing.

Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of his lawyer shall not be a ground for rescheduling or postponing the hearing on the merits of the issuance of a PPO. If the respondents appears without counsel on the date of the hearing on the PPO, the court shall appoint a lawyer for the respondent and immediately proceed with the hearing. In case the respondent fails to appear despite proper notice, the court shall allow ex parte presentation of the evidence by the applicant and render judgment on the basis of the evidence presented. The court shall allow the introduction of any history of abusive conduct of a respondent even if the same was not directed against the applicant or the person for whom the applicant is made.

The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in one (1) day. Where the court is unable to conduct the hearing within one (1) day and the TPO issued is due to expire, the court shall continuously extend or renew the TPO for a period of thirty (30) days at each particular time until final judgment is issued. The extended or renewed TPO may be modified by the court as may be necessary or applicable to address the needs of the applicant.

The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A PPO shall be effective until revoked by a court upon application of the person in whose favor the order was issued. The court shall ensure immediate personal service of the PPO on respondent.

The court shall not deny the issuance of protection order on the basis of the lapse of time between the act of violence and the filing of the application.

Regardless of the conviction or acquittal of the respondent, the Court must determine whether or not the PPO shall become final. Even in a dismissal, a PPO shall be granted as long as there is no clear showing that the act from which the order might arise did not exist.

SECTION 17. Notice of Sanction in Protection Orders . � The following statement must be printed in bold-faced type or in capital letters on the protection order issued by the Punong Barangay or court:

" VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW ."

SECTION 18. Mandatory Period For Acting on Applications For Protection Orders � Failure to act on an application for a protection order within the reglementary period specified in the previous section without justifiable cause shall render the official or judge administratively liable.

SECTION 19. Legal Separation Cases . � In cases of legal separation, where violence as specified in this Act is alleged, Article 58 of the Family Code shall not apply. The court shall proceed on the main case and other incidents of the case as soon as possible. The hearing on any application for a protection order filed by the petitioner must be conducted within the mandatory period specified in this Act.

SECTION 20. Priority of Application for a Protection Order. � Ex parte and adversarial hearings to determine the basis of applications for a protection order under this Act shall have priority over all other proceedings. Barangay officials and the courts shall schedule and conduct hearings on applications for a protection order under this Act above all other business and, if necessary, suspend other proceedings in order to hear applications for a protection order.

SECTION 21. Violation of Protection Orders . � A complaint for a violation of a BPO issued under this Act must be filed directly with any municipal trial court, metropolitan trial court, or municipal circuit trial court that has territorial jurisdiction over the barangay that issued the BPO. Violation of a BPO shall be punishable by imprisonment of thirty (30) days without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed.

A judgement of violation of a BPO ma be appealed according to the Rules of Court. During trial and upon judgment, the trial court may motu proprio issue a protection order as it deems necessary without need of an application.

Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt of court punishable under Rule 71 of the Rules of Court, without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed.

SECTION 22. Applicability of Protection Orders to Criminal Cases. � The foregoing provisions on protection orders shall be applicable in impliedly instituted with the criminal actions involving violence against women and their children.

SECTION 23. Bond to Keep the Peace . � The Court may order any person against whom a protection order is issued to give a bond to keep the peace, to present two sufficient sureties who shall undertake that such person will not commit the violence sought to be prevented.

Should the respondent fail to give the bond as required, he shall be detained for a period which shall in no case exceed six (6) months, if he shall have been prosecuted for acts punishable under Section 5(a) to 5(f) and not exceeding thirty (30) days, if for acts punishable under Section 5(g) to 5(I).

The protection orders referred to in this section are the TPOs and the PPOs issued only by the courts.

SECTION 24. Prescriptive Period. � Acts falling under Section s 5(a) to 5(f) shall prescribe in twenty (20) years. Acts falling under Section s 5(g) to 5(I) shall prescribe in ten (10) years.

SECTION 25. Public Crime . � Violence against women and their children shall be considered a public offense which may be prosecuted upon the filing of a complaint by any citizen having personal knowledge of the circumstances involving the commission of the crime.

SECTION 26. Battered Woman Syndrome as a Defense . � Victim-survivors who are found by the courts to be suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of the elements for justifying circumstances of self-defense under the Revised Penal Code.

In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the time of the commission of the crime, the courts shall be assisted by expert psychiatrists/ psychologists.

SECTION 27. Prohibited Defense . � Being under the influence of alcohol, any illicit drug, or any other mind-altering substance shall not be a defense under this Act.

SECTION 28. Custody of children . � The woman victim of violence shall be entitled to the custody and support of her child/children. Children below seven (7) years old older but with mental or physical disabilities shall automatically be given to the mother, with right to support, unless the court finds compelling reasons to order otherwise.

A victim who is suffering from battered woman syndrome shall not be disqualified from having custody of her children. In no case shall custody of minor children be given to the perpetrator of a woman who is suffering from Battered woman syndrome.

SECTION 29. Duties of Prosecutors/Court Personnel . � Prosecutors and court personnel should observe the following duties when dealing with victims under this Act:

a) communicate with the victim in a language understood by the woman or her child; and

b) inform the victim of her/his rights including legal remedies available and procedure, and privileges for indigent litigants.

SECTION 30. Duties of Barangay Officials and Law Enforcers . � Barangay officials and law enforcers shall have the following duties:

(a) respond immediately to a call for help or request for assistance or protection of the victim by entering the necessary whether or not a protection order has been issued and ensure the safety of the victim/s;

(b) confiscate any deadly weapon in the possession of the perpetrator or within plain view;

(d) assist the victim in removing personal belongs from the house;

(e) assist the barangay officials and other government officers and employees who respond to a call for help;

(f) ensure the enforcement of the Protection Orders issued by the Punong Barangy or the courts;

(g) arrest the suspected perpetrator wiithout a warrant when any of the acts of violence defined by this Act is occurring, or when he/she has personal knowledge that any act of abuse has just been committed, and there is imminent danger to the life or limb of the victim as defined in this Act; and

(h) immediately report the call for assessment or assistance of the DSWD, social Welfare Department of LGUs or accredited non-government organizations (NGOs).

Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or administrative liability.

SECTION 31. Healthcare Provider Response to Abuse � Any healthcare provider, including, but not limited to, an attending physician, nurse, clinician, barangay health worker, therapist or counselor who suspects abuse or has been informed by the victim of violence shall:

(a) properly document any of the victim's physical, emotional or psychological injuries;

(b) properly record any of victim's suspicions, observations and circumstances of the examination or visit;

(d) safeguard the records and make them available to the victim upon request at actual cost; and

(e) provide the victim immediate and adequate notice of rights and remedies provided under this Act, and services available to them.

SECTION 32. Duties of Other Government Agencies and LGUs � Other government agencies and LGUs shall establish programs such as, but not limited to, education and information campaign and seminars or symposia on the nature, causes, incidence and consequences of such violence particularly towards educating the public on its social impacts.

It shall be the duty of the concerned government agencies and LGU's to ensure the sustained education and training of their officers and personnel on the prevention of violence against women and their children under the Act.

SECTION 33. Prohibited Acts. � A Punong Barangay, Barangay Kagawad or the court hearing an application for a protection order shall not order, direct, force or in any way unduly influence he applicant for a protection order to compromise or abandon any of the reliefs sought in the application for protection under this Act. Section 7 of the Family Courts Act of 1997 and Section s 410, 411, 412 and 413 of the Local Government Code of 1991 shall not apply in proceedings where relief is sought under this Act.

Failure to comply with this Section shall render the official or judge administratively liable.

SECTION 34. Persons Intervening Exempt from Liability. � In every case of violence against women and their children as herein defined, any person, private individual or police authority or barangay official who, acting in accordance with law, responds or intervenes without using violence or restraint greater than necessary to ensure the safety of the victim, shall not be liable for any criminal, civil or administrative liability resulting therefrom.

SECTION 35. Rights of Victims. � In addition to their rights under existing laws, victims of violence against women and their children shall have the following rights:

(a) to be treated with respect and dignity;

(b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any public legal assistance office;

(d) To be entitled to all legal remedies and support as provided for under the Family Code; and

(e) To be informed of their rights and the services available to them including their right to apply for a protection order.

SECTION 36. Damages. � Any victim of violence under this Act shall be entitled to actual, compensatory, moral and exemplary damages.

SECTION 37. Hold Departure Order. � The court shall expedite the process of issuance of a hold departure order in cases prosecuted under this Act.

SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. � If the victim is an indigent or there is an immediate necessity due to imminent danger or threat of danger to act on an application for a protection order, the court shall accept the application without payment of the filing fee and other fees and of transcript of stenographic notes.

SECTION 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC). In pursuance of the abovementioned policy, there is hereby established an Inter-Agency Council on Violence Against Women and their children, hereinafter known as the Council, which shall be composed of the following agencies:

(a) Department of Social Welfare and Development (DSWD);

(b) National Commission on the Role of Filipino Women (NCRFW);

(d) Commission on Human rights (CHR)

(e) Council for the Welfare of Children (CWC);

(f) Department of Justice (DOJ);

(g) Department of the Interior and Local Government (DILG);

(h) Philippine National Police (PNP);

(i) Department of Health (DOH);

(j) Department of Education (DepEd);

(k) Department of Labor and Employment (DOLE); and

(l) National Bureau of Investigation (NBI).

These agencies are tasked to formulate programs and projects to eliminate VAW based on their mandates as well as develop capability programs for their employees to become more sensitive to the needs of their clients. The Council will also serve as the monitoring body as regards to VAW initiatives.

The Council members may designate their duly authorized representative who shall have a rank not lower than an assistant secretary or its equivalent. These representatives shall attend Council meetings in their behalf, and shall receive emoluments as may be determined by the Council in accordance with existing budget and accounting rules and regulations.

SECTION 40. Mandatory Programs and Services for Victims. � The DSWD, and LGU's shall provide the victims temporary shelters, provide counseling, psycho-social services and /or, recovery, rehabilitation programs and livelihood assistance.

The DOH shall provide medical assistance to victims.

SECTION 41. Counseling and Treatment of Offenders. � The DSWD shall provide rehabilitative counseling and treatment to perpetrators towards learning constructive ways of coping with anger and emotional outbursts and reforming their ways. When necessary, the offender shall be ordered by the Court to submit to psychiatric treatment or confinement.

SECTION 42. Training of Persons Involved in Responding to Violence Against Women and their Children Cases. � All agencies involved in responding to violence against women and their children cases shall be required to undergo education and training to acquaint them with:

a. the nature, extend and causes of violence against women and their children;

b. the legal rights of, and remedies available to, victims of violence against women and their children;

c. the services and facilities available to victims or survivors;

d. the legal duties imposed on police officers to make arrest and to offer protection and assistance; and

e. techniques for handling incidents of violence against women and their children that minimize the likelihood of injury to the officer and promote the safety of the victim or survivor.

The PNP, in coordination with LGU's shall establish an education and training program for police officers and barangay officials to enable them to properly handle cases of violence against women and their children.

SECTION 43. Entitled to Leave. � Victims under this Act shall be entitled to take a paid leave of absence up to ten (10) days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations, extendible when the necessity arises as specified in the protection order.

Any employer who shall prejudice the right of the person under this section shall be penalized in accordance with the provisions of the Labor Code and Civil Service Rules and Regulations. Likewise, an employer who shall prejudice any person for assisting a co-employee who is a victim under this Act shall likewise be liable for discrimination.

SECTION 44. Confidentiality. � All records pertaining to cases of violence against women and their children including those in the barangay shall be confidential and all public officers and employees and public or private clinics to hospitals shall respect the right to privacy of the victim. Whoever publishes or causes to be published, in any format, the name, address, telephone number, school, business address, employer, or other identifying information of a victim or an immediate family member, without the latter's consent, shall be liable to the contempt power of the court.

Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and a fine of not more than Five Hundred Thousand pesos (P500,000.00).

SECTION 45. Funding � The amount necessary to implement the provisions of this Act shall be included in the annual General Appropriations Act (GAA).

The Gender and Development (GAD) Budget of the mandated agencies and LGU's shall be used to implement services for victim of violence against women and their children.

SECTION 46. Implementing Rules and Regulations. � Within six (6) months from the approval of this Act, the DOJ, the NCRFW, the DSWD, the DILG, the DOH, and the PNP, and three (3) representatives from NGOs to be identified by the NCRFW, shall promulgate the Implementing Rules and Regulations (IRR) of this Act.

SECTION 47. Suppletory Application � For purposes of this Act, the Revised Penal Code and other applicable laws, shall have suppletory application.

SECTION 48. Separability Clause. � If any section or provision of this Act is held unconstitutional or invalid, the other sections or provisions shall not be affected.

SECTION 49. Repealing Clause � All laws, Presidential decrees, executive orders and rules and regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SECTION 50. Effectivity � This Act shall take effect fifteen (15) days from the date of its complete publication in at least two (2) newspapers of general circulation.

This Act, which is a consolidation of Senate Bill No. 2723 and House Bill Nos. 5516 and 6054, was finally passed by the Senate and the House of Representatives on January 29, 2004 and February 2, 2004, respectively.

Approved: March 08, 2004

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PDF Breaking the Silence, Seeking Justice in Intimate Partner Violence in
Amnesty International - Philippines is currently the secretariat of WWTSVAW. 3. This report is an assessment of the implementation of Republic Act 9262, or the Anti-Violence against Women and Their Children Act of 2004 in the Philippines. Issues and difficulties encountered by women and their lawyers in using the law to protect women from ...
RA 9262: the Anti-Violence Against Women and their Children
Q & A Implementing Rules and Regulations RA 9262 or the Anti-Violence Against Women and their Children Act of 2004: A Handbook for the Philippine National Police. Barangay Protection Order RA 9262 A Primer. Department of Interior and Local Government, National Barangay Operations Office, 2004. Download a copy of the brochure: English; Cebuano
What we need to know about RA 9262?
As a response to the need to address the violence women and children experience due to unequal power relations, Republic Act 9262 was signed on May 8, 2004 by then President Gloria Macapagal-Arroyo…
Understanding RA 9262: The Anti-Violence Against Women and Their
RA 9262 aims to provide legal measures and support mechanisms to protect women and children from violence. It covers a broad spectrum of abuse, including physical, sexual, psychological, and economic abuse. The law is comprehensive in its approach, offering protective orders, support services, and penalties for violators.
A Summary on Expanded Violence Against Women and Children
"Expanded" Violence Against Women and Children . Under Republic Act No. 9262, otherwise known as the Anti-Violence Against Women and Their Children Act of 2004 ("VAWC"), the concept of "violence" against women and children includes not just physical violence, but also sexual violence, psychological violence, and economic abuse, including threats of such acts, battery, assault ...
PDF Republic Act 9262: Anti-Violence Against Women and their Children Act
REPUBLIC ACT NO. 9262 An Act Defining Violence Against Women and Their Children, Providing for Protective Measures for Victims, Prescribing Penalties Therefor, and for Other Purposes IMPLEMENTING RULES AND REGULATIONS. Office of the President NATIONAL COMMISSION ON THE ROLE OF FILIPINO WOMEN
The problem of violence against women and children
Almost 16 years ago, the Philippine Congress passed RA 9262 or the "Anti-Violence Against Women and their Children Act of 2004." The law was considered a policy breakthrough as it provides a comprehensive policy regime that addresses the problem of VAWC in the country. By addressing the limitations and/or inadequacies of the country's ...
(PDF) Women's Awareness on the Law on Anti-Violence ...
While there is a comprehensive Anti-Violence against Women and their Children Act (RA 9262) and a widespread local anti-violence against women movement in the Philippines (Caparas & Mauro Allan ...
Awareness of Women on VAWC (RA 9262): Basis for Information
Abstract. The study aims to determine the awareness of women on Republic Act 9262, the Anti -Violence Against Women and their Children Act of 2004. It also aims to describe the profile of the ...
PDF Republic Act 9262 Briefer
RA 9262 is the Anti-Violence Against Women and their Children Act of 2004. It seeks to address the prevalence of violence against women and children (VAWC), abuses on women and their children by their intimate partners like: Husband or ex-husband.
(PDF) Womens' Awareness on the Anti-Violence ...
A milestone in the a dvocacy to eliminate VAW was the passage of Republic Act No. 9262 or the Anti- Violence against Women and Their Children Act of 2004. This was signed into law last March 8 ...
RA No 9262
SECTION 1. Short Title.-. This Act shall be known as the "Anti-Violence Against Women and Their Children Act of 2004". SECTION 2. Declaration of Policy.-. It is hereby declared that the State values the dignity of women and children and guarantees full respect for human rights.
Policy Analysis on Republic Act No. 9262
Policy Analysis on Republic Act No. 9262. Best Essays. 2016 Words. 9 Pages. Open Document. The fight for the rights of women against violence was emphasized during the Cold War and postwar era when women leaders brought up the subject relating to the rank of women in the society. This discussion resulted to the affirmation of the Decade for ...
Implementation of the Law on Anti-Violence against Women and their
RA 9262 aimed to further protect women and children from violence and to penalize violations thereto. It covered acts of physical, sexual, psychological, and economic abuses. RA 9262 and its Implementing Rules and Regulations (IRR, Sections 12, 14, 27, and 47) mandate the duties of the Barangay to address Violence against Women and Children ...
PDF National Association of Women Judges
Republic Act No. 9262 March 08, 2004 AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES Be i/ enacted by the Senate and House of Representatives Qf the bhilippines in Congress assembled: SECTION 1. Short Title.-
⇉Policy Analysis on Republic Act No. 9262 Essay Example
Policy Analysis on Republic Act No. 9262. The fight for the rights of women against violence was emphasized during the Cold War and postwar era when women leaders brought up the subject relating to the rank of women in the society. This discussion resulted to the affirmation of the Decade for Women (1976-1985) which talks about the desire of ...
(PDF) Implementation of RA 9262 Otherwise Known as Anti-Violence
This study assessed the impact and effect of implementation of RA 9262 otherwise known as Anti-Violence Against Women and Children in selected barangays in Calapan City, Oriental Mindoro, Philippines.
Assesment on VAWC RA 9262
Psychological abuse includes marital infidelity, repeated verbal abuse, public humiliation or stalking. Sexual violence includes causing to make the woman or her child to perform sexual acts or prostituting the woman or her child.". These are examples of acts punishable under R.A. 9262. Abuses are not just physical.
Anti-Violence Against Women and Their Children Act (RA 9262
The Republic Act No. 9262 otherwise known as Anti-violence against Women and their Children Act of 2004 provides the legal framework of the country's effort to address violence committed against women and children in keeping with the fundamental freedom guaranteed under the Constitution and the Provisions of the Universal Declaration of Human Rights.
(PDF) REPUBLIC ACT NO. 9262 AN ACT DEFINING VIOLENCE ...
Several months of painstaking efforts were done by the Research Team to track down and collect official documents related to the enforcement of Republic Act (R.A.) 9262, or the Anti-Violence Against Women and Their Children (Anti-VAWC) Act of 2004, and R.A. 9208, or the Anti-Trafficking in Persons Act of 2003, and other documents on related ...
PDF 24- RA 9262
Short Title.-. This Act shall be known as the "Anti-Violence Against Women and Their Children Act of 2004." Sec. 2. Declaration of Policy.-. It is hereby declared that the State values the dignity of women and children and guarantees full respect for human rights. The State also recognizes the need to protect the family and its members ...
R.a. 9262
REPUBLIC ACT NO. 9262 March 08, 2004. AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. Short Title.- This Act shall be ...
Free Essay: RA 9262
a) Act - refers to the Republic Act No. 9262, otherwise known as the "Anti-Violence Against Women and Their. Children Act of 2004"; b) Council - refers to the Inter-Agency Council on Violence. Against Women and Their Children (IAC-VAWC) created under Section 39 of the Act;