Violence Against Women and Children Presentation

Vawc presentation

1. Anti-Violence Against Women and their Children Act of 2004 RA 9262

2. “I thought he would change.” MAE (Living in Hell, GMA Digital Specials

3. Agenda WHO ARE PROTECTED? WHO ARE LIABLE? ACTS PUNISHABLE PROTECTION ORDERS BATTERED WOMAN SYNDROME RIGHTS OF THE VICTIMS PENALTIES & PRESCRIPTION

4. WHO ARE PROTECTED? Women Children of the abused women - legitimate - illegitimate - children under her care/custody - children within or without in the family abode.

5. WHO ARE LIABLE? Husband Ex/former husband Boyfriend/ex-boyfriend Lesbian partner/ex- Any person with whom the woman has/had a - dating relationship - sexual relationship

6. ACTS PUNISHABLE Any act or series of acts by any person against a woman covered by this Act which result in or likely to result in physical, sexual, psychological harm or suffering or economic abuse including threat of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.

7. PHYSICAL ABUSE SEXUAL ABUSE ECONOMIC ABUSE 1 2 3 PSYCHOLOGICAL ABUSE 3

8. ACTS PUNISHABLE Acts or omissions causing or likely to cause mental or emotional sufferings which includes: stalking ridicule repeated verbal abuse depriving the woman of access to her family marital infidelity peering in the window; lingering outside residence entering or remaining in the house or in the property of the woman or her child destroying personal belongings causing or harm to animals, pets of the woman or her child. inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions. Acts that make or attempt to make a woman financially dependent, which include: withdrawal of or insufficient financial support preventing her from engaging in a legitimate profession, business, or activity deprivation or threat of deprivation of financial resources destroying household property controlling the victim’s own money or properties. PSYCHOLOGICAL VIOLENCE ECONOMIC ABUSE

9. ACTS PUNISHABLE Any act which is sexual in nature committed against a woman or her child. rape, acts of lasciviousness treating the woman or child as a sex object Forcing the woman or child to watch obscene movies/engage in sexual activity. making demeaning and sexually aggressive remarks. physically attacking the sexual parts of the victim’s body forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser prostituting the woman or her child. PHYSICAL INJURIES MUTILATION SEXUAL VIOLENCE PHYSICAL VIOLENCE

10. PENALTY Imprisonment plus: fine of P100,000.00 - P300,000.00 and mandatory psychological counseling or psychiatric treatment. If the woman or child is pregnant or committed in the presence of her child, the penalty shall be the maximum of the period of penalty.

11. PRESCRIPTION 10 years- Physical Abuse 20 years- Sexual Abuse

12. an order issued for the purpose of preventing further acts of violence against a woman or her child. The relief granted under a protection order serves 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. PROTECTION ORDER

13. TYPES OF PROTECTION ORDER Ordering the perpetrator to desist from committing acts Issued by Punong Barangay Effective for 15 days only Ex-parte proceedings Issued by the Court on the day of the filing of the complaint. Ex-parte proceedings. Priority over all other cases Effective for 30 days; extendible Issued after notice of hearing of the case Priority over all other proceedings such as election cases, habeas corpus, cases of children. Barangay Protection Order (BPO) Temporary Protection Order (TPO) Permanent Protection Order (PPO)

14. WHO MAY FILE PROTECTION ORDERS? Offended party Parents or guardians Ascendants, descendants, collateral relatives within the 4th degree Social Workers of DSWD or LGUs Police Officers Punong Barangay or Kagawad Lawyer, counselor, therapist At least 2 citizens of the community who have personal knowledge of the offense

15. A complaint for a violation of a BPO 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. Punishable by imprisonment of thirty (30) days VIOLATION OF PROTECTION ORDER

16. 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, 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. All TPOs and PPOs shall be enforceable anywhere in the Philippines. VIOLATION OF PROTECTION ORDER

17. 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 the applicant for a protection order to compromise or abandon any of the reliefs sought in the application for protection . Failure to comply with this Section shall render the official or judge administratively liable.

18. Enter the dwelling whether or not a P.O. has been issued. Confiscate deadly weapon in possession or in plain view. Transport or escort victim to safe place or clinic/hospital Assist victim in removing personal belongs from the house Ensure enforcement of BPO, TPO, PPO. DUTIES OF BRGY OFFICIALS AND LAW ENFORCERS

19. When the acts of violence is occurring, or When s/he has personal knowledge that the abuse has just been committed, and there is imminent danger to the life and limb of victim. Immediately report or call for assistance of DSWD, LGU social workers or accredited NGOs. VALID ARREST WITHOUT A WARRANT

20. NO CRIMINAL, CIVIL, ADMINISTRATIVE LIABILITY: For any person, private individual, police authority, barangay officials acting in accordance with law, who; responds or intervenes without using violence or restraint greater than necessary to ensure the safety of the victim. EXEMPTION FROM LIABILITY

21. 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. VAWC IS A PUBLIC CRIME

22. CYCLE OF VIOLENCE TENSION-BUILDING PHASE ACUTE-BATTERING INCIDENT TRANQUIL/ LOVING PHA Justifying circumstance of self-defense cannot be granted for lack of continous agrression from the victim. PEOPLE V. GENOSA

23. Refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. NOTWITHSTANDING THE ABSENCE OF ANY OF THE ELEMENTS FOR JUSTIFYING CIRCUMSTANCE OF SELF DEFENSE UNFER THE RPC, victim-survivors who are found by the courts to be suffering from battered woman syndrome do not incur any criminal and civil liability. BATTERED WOMAN SYNDROME

24. Right to be treated with respect and dignity Legal assistance from PAO or DOJ To be informed of their rights and services available (DSWD, DOH and LGUs) including rights to avail for Protection Order. Additional 10 day paid leave from work aside from present paid leave benefits. RIGHTS OF THE VICTIM

25. Court records and barangay records must be kept confidential. Closed-door investigation (police, prosecutor, judges, medical practitioners) Barangay officials, law enforcers, prosecutors and court personnel shall not disclose the names and personal circumstances of the victim-survivors or complainant or any information tending to establish their identities to the media or the public or compromise her identity. CONFIDENTIALITY OF RECORDS

26. PENALTY 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). CONFIDENTIALITY OF RECORDS

27. “It is tough to make the decision to leave, but when you do, and you have the support around you to do so, it is good and it is worth it. It is good to talk. You must always talk to people to get through it.” Your ally, Atty.Ronalyn B . Pordan WOMEN EMPOWERMENT