Republic act 9262 LECTURE.ppt

Republic act 9262 LECTURE

1. Anti-Violence Against Women and their Children
Act of 2004
WOMEN AND CHILDREN PROTECTION CENTER
PMAJ WINNIE T LAMPUYAS
Chief Intel & Invest, AVAWCD,
WCPC, DIDM
REPUBLIC ACT 9262

2. RA 9262 -Anti-Violence Against Women and
their Children Act of 2004
Seekstoaddresstheprevalenceofviolenceagainst
womenandtheirchildren(VAWC)bytheirintimate
partnerslike:
HusbandorEx-husband
Live-inpartnerorformerlive-inpartner
Boyfriend/girlfriendor ex-boyfriend/ex-
girlfriend
DatingPartnerorformerdatingpartner
ClassifiesVAWCaspubliccrime

3. What is VAWC under RA 9262?
Itreferstoanyactorseriesofactscommittedby
anypersonagainstawomanwhoishiswife,former
wife,oragainstawomanwithwhomthepersonhasor
hadsexualdatingrelationship,orwithwhomhehasa
commonchild,oragainstherchildwhetherlegitimate
orillegitimate,withinorwithoutthefamilyabode,which
resulttoinorislikelytoresultinphysical,sexual,
psychologicalharmorsuffering,oreconomicabuse
includingthreatsofsuchacts,battery,assault,
coercion,harassmentorarbitrarydeprivationofliberty.

4. Childrenarethosebelow18yearsofageorolderbutare
incapableoftakingcareofthemselves(asstatedinRA7610).
Itincludesbiologicalchildrenofthevictimandotherchildren
underhercare.
Datingrelationshipisonewhichhasaromantic
involvement.Itmeansthatarelationshipexistedbetweena
womanandapartnerwhoisabusiveorhaspreviouslyabused
her,whetherorhaspreviouslyabusedher,whetherornotthe
relationshipwasformal.
Sexualrelationsrefertoasinglesexualactwhich
mayormaynotresultinthebearingofacommonchild.

5. RA 9262 -Anti-Violence Against Women and their Children
Act of 2004
1.PHYSICALVIOLENCE-referstoactsthat
includebodilyorphysicalharm.
2.SEXUALVIOLENCE-referstoanactwhichis
sexualinnature,committedagainstawomanor
herchildagainstawomanorherchild.
Boyfriend/girlfriendorex-boyfriend/ex-
girlfriend
DatingPartnerorformerdatingpartner
VAWCincludes,butnotlimitedtothefollowingacts:

6. 3.PSYCHOLOGICAL VIOLENCE-referstoactsor
omissioncausingorlikelytocausementaloremotional
sufferingofthevictimsuchasbutnotlimitedtointimidation,
harassment,stalkingdamagetoproperty,publicridicule,or
humiliation,repeatedverbalabuseandmaritalinfidelity
RA 9262 -Anti-Violence Against Women and their Children
Act of 2004
4.ECONOMICABUSE-withdrawaloffinancialsupportor
preventingthevictimfromengaginginanylegitimate
profession,occupation,businessoractivity,deprivationof
financialresourcesandtherighttoconjugalcommunityor
propertyownedincommon,destroyinghouseholdpropertyor
controllingthevictimsownmoneyandproperty.

7. Who are protected by the Anti-VAWC Act?
Thewoman,herchildren,andchildrenunder
hercare.Childrenunderhercarearethosewho
arenotherbiologicalchildrenbutlivewithher,
suchashernephewsornieces,andchildrenof
her“kasambahay.”
RA 9262 -Anti-Violence Against Women and their Children
Act of 2004

8. Who are liable for VAWC?
a)Husband
b)Ex-husband
c)The man or woman with whom she has or
had a dating or sexual relationship
d)The man with whom she has a child
RA 9262 -Anti-Violence Against Women and their Children
Act of 2004

9. Can a woman who is not married to the
offender be protected by the Anti-VAWC?
Yes, when the woman has sexual or “dating”
relationship with the offender or she has a child
with him.
RA 9262 -Anti-Violence Against Women and their Children
Act of 2004

10. What is “dating relationship? What if there
was no sexual act (just dating)?
“Datingrelationship”referstoasituationwherein
thepartieslivetogetherwithoutmarriageor
whentheyareromanticallyinvolvedwitheach
other.Itisnotnecessarythatpartieshavesexual
relationship,itissufficientthattheyarejust
romanticallyinvolvedovertime.
RA 9262 -Anti-Violence Against Women and their Children
Act of 2004

11. Can a woman who had a single sexual act with the
offender file a case under the Anti-VAWC Act?
Yes,asinglesexualactisincludedinsexual
relationship”.Soiftheoffenderthreatensto
publiclyhumiliatethewomanaftertheyhada
onesexualact,thewomancanfilefora
ProtectionOrderand/oracriminalcase.
RA 9262 -Anti-Violence Against Women and their Children
Act of 2004

12. What acts are included in VAWC?
1.Physical violence
2.Sexual violence
3.Psychological violence
4.Economic Violence
5.Other forms of violence such as subjecting
the woman to public ridicule or public
humiliation
RA 9262 -Anti-Violence Against Women and their Children
Act of 2004

13. Is a husband’s infidelity a form of violence?
Yes, it is a form of psychological violence.
They must be married, because RA 9262 states
“marital infidelity”
RA 9262 -Anti-Violence Against Women and their Children
Act of 2004

14. When the husband/ex-husband/boyfriend/ ex-
boyfriend/ex-partner refuses to give sufficient
support to his wife, is that an act of VAWC?
Yes.Forexample,ifhegivesaninsufficient
amountofsupportevenifheisfinancially
capable.
RA 9262 -Anti-Violence Against Women and their Children
Act of 2004

15. Can a husband who forces his wife to have
sexual intercourse be liable under the Anti-
VAWC Act?
Yes,heisliableunderRA8353(TheAnti-Rape
Actof1997)formaritalrapeandalsoforsexual
violenceundertheAnti-VAWCAct.Thewifecan
begrantedprotectionordertoensurehersafety.
RA 9262 -Anti-Violence Against Women and their Children
Act of 2004

16. The Protection Order can order the
husband to:
a.Leave the house
b.Stay away from his wife
c.Give financial support to wife and minor
children. If they are not married, then only
the children are entitled to the support.
RA 9262 -Anti-Violence Against Women and their Children
Act of 2004

17. The Protection Orders:
a.BarangayProtectionOrder–orderingtheperpetratortodesist
fromcommittingactsofviolenceagainstthefamilyorhousehold
membersparticularlywomenandtheirchildren(15daysvalid)
b.TemporaryProtectionOrder–validfor30daysandrenewable.
ItisissuedbytheJudgebeforethehearingsbegin.TheJudge
cangrantexparteTPOwithin24hoursfromapplication,without
noticetotherespondent.
c.PermanentProtectionOrder-issueduntilthehearingsare
finished.
RA 9262 -Anti-Violence Against Women and their Children
Act of 2004

18. No,aBPOcannotordertherespondenttoleavethe
house.Butthebarangayofficialsshouldadvisethe
respondenttoobeytheBPOorelsetheycanfilea
criminalcaseforviolationoftheBPO.
ViolationoftheBPOhasapenaltyof30daysof
imprisonment.
Can a BPO remove respondent from the
house?

19. What are the reliefs available to the
woman?
1.Apply for a Protection Order
2.File a criminal complaint –VAWC is a public
crime
3.File an action for damages –a victim of
VAWC is entitled to actual, compensatory,
moral and exemplary damages
RA 9262 -Anti-Violence Against Women and their Children
Act of 2004

20. Who can file for a Petition for TPO and PPO?
1.The woman (survivor/victim)
2.Parent or guardian of the woman
3.Relatives within the 4
th
civil degree on
consanguinity or affinity of the woman such
as aunts, uncles, and first cousins and
persons married to them
4.Social workers
5.Police officer
RA 9262 -Anti-Violence Against Women and their Children
Act of 2004

21. Who can file for a Petition for TPO and PPO?
5.PunongBarangay or Barangay Kagawad
6.Lawyers, therapist, health care provider of
the woman
7.At least two (2) responsible citizens of the
city or municipality where the VAWC
occurred who have personal knowledge of
the offense committed.
RA 9262 -Anti-Violence Against Women and their Children
Act of 2004

22. WhatisthepenaltyfortheviolationoftheAnti-VAWCAct?
a.For physical violence:
Parricide –life imprisonment
Murder –17 years, 4 mosamd1 day
Homicide –17 years, 4 mosand 1 day
b.For deprivation of financial support –6 mos, 1 day to 2 years,
4 mosimprisonment
c.For psychological abuse –6 years, 1 day to 12 years of
imprisonment
d.For threats or physical violence : 4 mos, 1 day to 6 mos
imprisonment.
RA 9262 -Anti-Violence Against Women and their Children
Act of 2004

23. Until when can the woman file a criminal
case for the violation of the Anti-VAWC
Act?
She can file the criminal case within 10 or 20 years.
For deprivation of support, the wife can file a criminal
case within 20 years
RA 9262 -Anti-Violence Against Women and their Children
Act of 2004

24. Jane was so scared of her live-in partner (who was
beating her up for 5 years) that she only decided to
file the complaint for violation of Anti-VAWC Act 3
years after his last physical violence and they
separated. Can she still file the complaint?
YES. Under Sections 5 (a) to 5 (f) of the Anti-VAWC
Act she has twenty (20) years to file the complaint
from the time the physical violence happened.
RA 9262 -Anti-Violence Against Women and their Children
Act of 2004

25. What are the rights of VAWC victims under
the Anti-VAWC Act?
a.Treated with respect and dignity
b.Avail of legal assistance from PAO of DOJ or legal assistance
office of the city, municipality or provincial government (LGU)
c.To be entitled to support services from DSWD and LGU
d.To be entitled to all legal remedies and support as provided for
in the Family Code
e.To be informed of their rights and the services available to
them including their right to apply for a protection order.
RA 9262 -Anti-Violence Against Women and their Children
Act of 2004

26. If the father of a minor child does not give
financial support, what criminal cases can
be filed against him?
Violation of Section 5 (e) 2 of the Anti-VAWC Act and
RA No. 7610 (Anti-Child Abuse Law).

27. Is a husband who is depriving his wife of
custody of their minor children liable
under the Anti-VAWC Act?
YES, depriving the wife or threatening the wife that
he will deprive her of custody of their minor children
is psychological abuse.
RA 9262 -Anti-Violence Against Women and their Children
Act of 2004

28. Is there any liability for persons who come to
the aid of the woman when they enter her
house upon hearing her shouts for help?
None.Anyperson,privateindividual,policeofficer,social
worker,teacherorbarangayofficialwhohelpedthevictim,
shallnotbeliableforanycriminal,civiloradministrative
liability,providedthathe/shedidnotuseviolenceorforce
greaterthannecessarytoensurethesafetyofthewoman.
RA 9262 -Anti-Violence Against Women and their Children
Act of 2004

29. Can the Judge advice the woman to reconcile with
her husband or partner or compromise or withdraw
her civil case for protection order or criminal case?
No. The Judge may not do so, otherwise he may be
administratively liable.
RA 9262 -Anti-Violence Against Women and their Children
Act of 2004

30. Where to call for HELP?
PHILIPPINE NATIONAL POLICE
Camp Crame, Quezon City
Women and Children Protection Center
Tel. Nos. 723-0401 to 20 local 6962
AlengPulis Hotline: [phone]-
7255961
Action line Against Human Trafficking: 1343

31. VAWC-Free Community Starts with Me
Speak, or forever
hold your peace.
Help is just a
phone call away!

32. THANK YOU!