EGMGPLVAW powerpoint (Rowena Guanzon).ppt

Presentation on VAWC

1. The Laws on Violence Against
Women in the Philippines
By: Rowena V. Guanzon
Gender Justice Network
Member, Asia Cause Lawyers Network

2. Reforms in laws due to democratic
space
1986 People Power Revolution
toppled the 14 year Martial Law
dictatorship
1987 Constitution
1988 Elections of House of
Representatives, Senators and local
government officials

3. Before 1995:
Gender based violence was not
recognized in Philippine laws.
Revised Penal Code covered offenses
committed against women, e.g.,
physical injuries, rape, acts of
lasciviousness, seduction, parricide,
homicide, murder

4. Civil Law
Had discriminatory provisions on
women, treated as subordinate to
husbands
Could not accept gifts from men other
than their husbands without their
consent
Husband had sole administration of
the conjugal partnership

5. 1987 CONSTITUTION:State Policies
Sec. 2 “adopts the generally accepted
principles of international law as part
of the law of the land (CEDAW, CRC,
other Conventions)
Full respect for human rights
Sec. 14. “fundamental equality before
the law of women and men”

6. 1987 Constitution
Sec. 14 The State shall protect
working women by providing safe and
healthful working conditions xxx

7. LAWS ON VAW since 1995
Anti-Sexual Harassment Act of 1995
Anti-Rape Act of 1997
Rape Victims Assistance Act (1998)
An Act penalizing matching of Filipino
mail order brides (1998)
Anti-Trafficking in Persons Act of 2003
Anti-Violence Against Women and
Their Children Act of 2004

8. RA 9262: Anti –VAWC Act
Effective March 27, 2004
A special law protecting women and
their children from all forms of abuse
Criminal statute
Civil action –Temporary & Permanent
Protection Order
With remedy of Barangay(village)
Protection Order

9. Types of Violence covered
PHYSICAL
PSYCHOLOGICAL, EMOTIONAL
SEXUAL
ECONOMIC

10. Def.: Violence Against Women
& their children (VAWC)
any act or series of acts committed by
any PERSON
against a WOMAN who is his wife,
former wife, or with whom the person
has or had a sexual or dating
relationships, or
with whom he has a common child, or
against her child/child under her care

11. Def: VAWC
Which result or is likely to resultin
physical, sexual, psychological harm
or suffering or economic abuse
including threats of such acts,
Battery, assault, coercion,
harassment or arbitrary deprivation of
liberty

12. Elements
Relationship, past or present
Married or not; living in or not
Sexual or dating relationship
Including lesbian relationships
With common child
Falling under Sec. 5 (punishable acts)

13. Sec. 5 Acts of VAWC
Causing, threatening, attempting to
cause physical harm
Placing the woman or her child in fear
of imminent physical harm
Attempting or compelling the woman
or her child to engage in conduct
which they have a right to desist from,
or to

14. Sec. 5 Acts
depriving or threatening to deprive
the woman or her child of custody or
access to her family
depriving them of financial
support;insufficient financial support

15. Sec. 5 Acts
Depriving or threatening to deprive the
woman or her child of a legal right
Preventing the woman from engaging in
any legitimate profession, occupation,
business or activity, or controlling her
own money or properties or solely
controlling conjugal or common assets

16. Sec. 5 Acts
Causing or attemptingto cause the
woman or her child to engage in any
sexual activity..., by force or threat,
physical harm, intimidation directed
against the woman, her child, or
immediate family *

17. Sec. 5
Engaging in knowing or reckless
conduct, personally or through another,
that alarms or causes substantial
emotional or psychological distress
including:
(1) stalking
(2)entering or remaining in the
property

18. Sec. 5 Acts
Causing mental or emotional anguish, public
ridicule, humiliation including repeated verbal
and emotional abuse*
denial of financial support or custody of minor
children or denial of access to the woman’s
child *
* PRESCRIPTION PERIOD: 10 years. All
others, 20 years

19. Purpose of Protection Orders
to prevent further acts of violence
against a woman or her child.
to safeguard the victim from further
harm
to minimize disruption in victim’s daily
life
give her the opportunity and ability to
regain control over her life.

20. Kinds of Protection Orders
BarangayProtecton Order –15 days;
not extendible
Temporary Protection Order –30 days
+ (shall be renewed by court)
Permanent Protection Order

21. Protection Orders
Prohibition from threatening or
committing, any of punishable acts
Removal and exclusion from the
residence regardless of ownership,
temporarily or permanently where no
property rights are violated

22. Protection Orders
Stay away from petitioner, any
designated family or household member
Temporary or permanent custody of
child
Support –automatic remittance of
salary or income by employer
Dept of Social Welfare & Dev to provide
shelter and social services

23. Who may file for Protection
Orders (P.O.)
Offended party
Parents or guardians
Ascendants, descendants, collateral relatives
within 4
th
degree of consanguinity or affinity
Social workers of DSWD or LGUs
Police officers
Punong Barangayor kagawad
Lawyer, counselor, therapist, healthcare
provider
At least 2 citizens of the city or municipality
who have personal knowledge of the offense

24. Temporary Protection Order
Issued by the Court on the day of filing
Ex parte ; Priority over all other cases
Effective for 30 days; extendible
Stay away order, temporary custody and
support to woman and/or her children, use
of community/conjugal property
Bond to Keep the Peace
Enforceable anywhere in the country
No mediation; no conciliation

25. Permanent Protection Order
issued after notice and hearing
custody, support to the woman
and/or her children
respondent to leave the residence
permanently
with Bond to Keep the Peace

26. Battered Woman Syndrome
(BWS)
justifying circumstance
Perpetrator of crime against a woman
with BWS shall not have custody of
children

27. Exemption from liability
NO CRIMINAL, CIVIL,
ADMINISTRATIVE LIABILITY :
Any person, private individual, police
authority, barangayofficial acting in
accordance with law, who
responds or intervenes without using
violence or restraint greater than
necessary to ensure safety of the
victim

28. Rights of victims
Right to be treated with respect &
dignity;
Legal assistance; support services
from DSWD, local governments
Privacy and confidentiality of records
Additional 10 day paid leave from
work aside from present paid leave
benefits

29. Effectiveness of the law:
The law is a product of cooperation of
women’s rights organizations and
legislators, hence the comprehensive
remedies
Protection Orders are being increasingly
used by women to protect themselves, get
support, get back their minor children
Barangayprotection order is available to
poor rural women who have no easy access
to the courts

30. Effectiveness of the law
Supreme Court issued a Rule on
VAWC, governs the trial of the case
Government officials, including judges
are prohibited from mediating e.g. to
influence the woman to give up her
reliefs
Local government units are tasked
with education campaign to eliminate
VAW

31. Effectiveness of the Law
Mechanism for government
implementers and support services
Inter-Agency on VAW is provided in
the law; government implementers
have Implementing Rules and
Regulations enumerating their duties
Problem: lack of funds for training

32. Problems, gaps, lessons:
The law does not provide for
appropriations, funding for training of
implementers and support services
for the woman
Corruption in the judiciary,
prosecution service
Low level of gender sensitivity among
prosecutors

33. Problems, lessons
Ignorance of the law by police officers
who are not in the women’s and
children’s desks
Lack of quality gender sensitivity
seminars for judges who are not
family court judges, and prosecutors
Misuse of the laws and rules by
lawyers, e.g. retaliation suits against
women who have protection orders

34. Rowena V. Guanzon,LLB, MPA
Founding Member, Gender Justice Network
Founding Member, Asia Cause Lawyers Network
Email: [email protected]
Weblog: www.bingguanzon.com
Fax [phone]
Mobile: [phone]