Their Voices, Our Strength: The Anti-Violence Act of 2004
RA 9262: the Anti-Violence Against Women and their Children Act of 2004
What is RA9262 or the Anti-Violence Against Women and Their Children Act of 2004?VAWC) by their intimate partners like their husband or ex-husband, live-in partner or former live-in partner, boyfriend/girlfriend or ex-boyfriend/ex-girlfriend, dating partner or former dating partner.
What is Violence Against Women and Their Children under RA9262?
It refers to any act or a series of acts committed by an intimate partner (husband, ex-husband, live-in partner, boyfriend/girlfriend, fiance, who the woman had sexual/dating relationship):
• against a woman who is his wife, former wife;
• against a woman with whom the person has or had a sexual or dating relationship,
• against a women with whom he has a common child;
• against her child whether legitimate or illegitimate within or without the family abode,
Of which results 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.
• 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 him or her 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.
• Causing or attempting to make the woman or her child to perform sexual acts (that do not constitute Rape) by use of force, threats, intimidation directed against the woman, her child, or her immediate family.
• Prostituting the woman or her child.
• Psychological Violence – Acts or omissions causing or likely to cause mental or emotional suffering of the victim which includes, but is not limited to the following:
• Controlling or restricting the woman’s or her child’s movement or conduct
• Threatening to or actually depriving the woman or her child of custody or access to her/his family;
• Depriving or threatening to deprive the woman or her child of a legal right;
• Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, e.g. repeated verbal and emotional abuse, and denial of financial support or custody or minor children or denial of access to the woman’s child/children
• Threatening or actually inflicting physical harm on oneself for the purpose of controlling the woman’s actions or decisions;
• 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.
• Causing substantial emotional or psychological distress to the woman or her child:
• Stalking or following the woman or her child in public or private places;
• Peering in the window or lingering outside the residence or the woman or her child;
• Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;
• Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child;
• Engaging in any form of harassment or violence
• Economic Abuse – Acts that make or attempt to make a woman financially dependent upon her abuser, which includes, but is not limited to the following:
• Preventing the woman 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;
• Controlling the woman’s own money or property; or solely controlling the conjugal or common money/properties;
• Destroying household property;
Define children as used under R.A. 9262.
“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.
Define dating relationship as used under R.A. 9262. It is 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. Define sexual relations as used under R.A. 9262. It refers to a single sexual act which may or may not result in the bearing of a common child Define “Battered Woman Syndrome” as used under R.A. 9262 It refers to a scientifically defined pattern of psychological and behavioral symptoms found in battered women as a result of a long history of abuse. RA 9262 acknowledges that women who have retaliated against their partner or who commit violence as a form of self-defense may have suffered from Battered Woman Syndrome (BWS). Any victim who suffers from BWS should be diagnosed by a Psychiatric expert or a clinical psychologist. This will also help the victim in obtaining a just decision in her case. The law does not allow the offender to have custody of minor children. Their care is entrusted to the woman even if she is found to have BWS. Who are the persons protected by R.A. 9262?
Is VAWC committed by men alone?
Women can also be liable under the law. These are the lesbian partners/girlfriends or former partners of the victim with whom she has or had a sexual or dating relationship.
What if the male spouse/partner complains about abuses committed by his wife/partner?
He may file a complaint or case under the Revised Penal Code.
What can women and children do under R.A. 9262?
Under the law, the offended party may file a criminal action, or apply for a Protection Order either as an independent action or as an incident in civil or criminal action and other remedies.
Who may file a complaint under R.A. 9262?
Any citizen having personal knowledge of the circumstances involving the commission of the crime may file a complaint because violence against women and their children is considered a PUBLIC crime.
Where should cases for VAWC be filed?
Cases may be filed in the Regional Trial Court designated as FAMILY COURT of the place where the crime was committed. These courts have original and exclusive jurisdiction over these cases.
What are the penalties for committing VAWC?
Offenders proven in court to be guilty of the crime shall be penalized with: imprisonment ranging from 1 month and 1 day to 20 years payment of P100,000 to P300,000 in damages mandatory psychological counseling or psychiatric treatment.
What is the prescriptive period for a complainant to file a complaint?
The criminal complaint may be filed within twenty (20) years from the occurrence or commission for the following acts:
• Causing physical harm to the woman or her child
• Threatening to cause the woman or her child physical harm
• Attempting to cause the woman or her child physical harm
• Placing the woman or her child in fear of imminent physical harm
• 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 to 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 her 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:
• Preventing the woman in engaging in any legitimate profession, occupation, business or activity, or controlling the victim’s own money or properties, or solely controlling the conjugal or common money, or properties
• Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions
• The criminal complaint may be filed within ten (10) years from the occurrence or commission for the following acts:
• 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
• 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:
• Stalking or following the woman or her child in public or private places
• Peering in the window or lingering outside the residence of the woman or her child
• Entering or remaining in the dwelling or on the property of the woman or her child against her/his will
• Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child
• Engaging in any form of harassment or violence
• 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 or denial of access to the woman’s child/children
What is a protection order?
A protection order is an order issued under this act for the purpose of preventing further acts of violence against women or her child. And granting other relief as may be needed. 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 of her life. The provisions of the protection order shall be enforced by law enforcement agencies.
What are the various kinds of protection orders?
The various kinds of protection orders are:
• Barangay Protection Orders (BPO) refer to the protection order issued by the Punong Barangayordering the perpetrator to desist from committing acts under Section 5 (a) and (b) of R.A. 9262. BPO shall be effective for 15 days.
• Temporary Protection Orders (TPO) refers to the protection order issued by the court on the date of the filing of the application after ex parte determination that such order should be issued. The court may grant in a TPO any, some or all of the reliefs mentioned in R.A. 9262 and shall be effective for thirty (30) days. 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.
• Permanent Protection Order (PPO) refers to the protection order issued by the court after notice and hearing. 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. PPO shall be effective until revoked by the court upon application of the person in whose favor it was issued
Where can I apply for a protection order?
Application for a protection may be filed with the appropriate Regional Trial Court/Family Court or Municipal Court where the petitioner resides in case of Temporary Protection Order (TPO) and Permanent Protection Order (PPO), respectively. Barangay Protection Order may be applied for in the Barangay where the applicant resides or in accordance with Section 409 of the Local Government Code of 1991.
Who may file a Petition for Protection Orders?
A petition for Protection Order may be filed by the following:
• The offended party
• The parents or guardians of the offended party
• The ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity
• Officers or social workers of the DSWD or social workers of local government units (LGUs)
• Police officers, preferably those in charge of women and children’s desks
• Punong Barangay or Barangay Kagawad
• Lawyer, counselor, therapist or healthcare provider of the petitioner
• 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
How can I apply for a protection order?
The application of the Protection Order must be in writing, signed and verified under oath by the applicant. A standard protection order application form, written in English with translation to the major languages, which is readily available, shall contain the following information:
• Names and addresses of the petitioner and the respondent
• Description of relationships between the petitioner and respondent
• Statement of the circumstances of abuse
• Description of the reliefs requested by the petitioner
• Request for counsel and reasons for such
• Request for waiver of application fees until hearing
• An attestation that there is no pending application for a protection order in another court
What can the woman do if the barangay official failed or refused to issue the BPO within 24 hours from application?
• She can file an administrative complaint against the barangay official for failure to perform his/her duties. The complaint must be filed with the Sangguniang Panglunsod or Bayan.
• She can go to the police station to complain against the perpetrator.
• She can go to the Clerk of Court of the Family Court where she lives and request assistance in filing for a Protection Order.
Where can the protection order be enforced?
The Temporary Protection Order and the Permanent Protection Order are enforceable anywhere in the Philippines.
Can the barangay officials mediate or conciliate?
No. Conciliation and mediation of acts of violence against women and their children are not allowed under this law Sec. 33, R.A. 9262 amended sections 410-413 of the Local Government Code. The barangay officials, police or social workers should not attempt to mediate or influence the woman to give up her legal action or application for a BPO, TPO or PPO.
DICUSSION OF IT'S RELATED LAW:
RA 8353 (The Anti-Rape Law of 1997)
The Anti-Rape Law of 1997 redefines rape as:
• A crime against persons
Rape violates a person’s well being and not just ones virginity or purity. The law considers that any person, whether a prostituted person, non-virgin or one who has an active sexual life may be victimized by rape.
• A public offense
By declaring that rape is a crime against persons, the law no longer considers it as a private crime.Anyone who has knowledge of the crime may file a case on the victim’s behalf. The prosecution continues even if the victim drops the case or pardons the offender.
What constitutes rape?
Rape is committed:
By a man who shall have sexual intercourse with a woman under any of the following circumstances:
• Through force, threat, or intimidation
• When the victim is deprived of reason or is unconscious
• Through fraudulent machination or grave abuse of authority; and
• When the victim is under twelve (12) years of age or is demented, even if none of the above circumstances are present.
By any person who, under any of the above circumstances, commits an act of sexual assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into the genital or oral orifice of another person.
Who can be raped?
Anyone can be a rape victim, but the incidence of rape is more rampant
in women and girls.
Who can commit rape?
Any man or woman may be held liable for rape.
It is possible that a man may rape his own wife, an act deemed as “marital rape.” The penalty for rape in general may apply on the offender who commits marital rape.
How is the crime punished?
The penalty varies depending on the act itself and the circumstances surrounding it.
• Reclusion Perpetua (Imprisonment from 20 to 40 years) is imposed on the offender if rape is committed through sexual intercourse.
• Prision Mayor (Imprisonment from 6 to 12 years) is imposed on the offender if rape was committed through oral or anal sex or through the use of any object or instrument that was inserted into the mouth or anal orifice of the woman or a man.
This may also be elevated to Reclusion Temporal (Imprisonment from 12 to 20 years) or Reclusion Perpetua depending on the circumstances surrounding the crime.
What to do if someone is raped?
• Advise the victim to seek the help of a counselor or a therapist who is an expert in handling cases of sexual abuse.
• Assist her in securing a safe and temporary shelter if she needs to move to another place for security reasons. She can be referred to a crisis center or any government agency that offers temporary shelter.
• Make sure that the evidence is safe and intact. This would help should the victim decides to file a case.
• Secure a Medico-legal certificate from a Medico-legal officer. Absence of bodily injuries does not mean that rape did not occur or that the case may not be pursued anymore.
• Support the victim along the way when she decides to file a case.
• Ensure that she is prepared in all aspects. Make her understand the overall picture of the case. Inform her that it is possible that doctors, police, lawyers and judges would not be sensitive to her situation and experience.
• Help the victim choose the lawyer who understands her most.
• Coordinate with people who can assist or support her all throughout.
RA 7877 (Anti-Sexual Harassment Act of 1995)
What is Sexual Harassment?
Under RA 7877, work, education,or training related sexual harassment is “committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted or not by the object of said act.”
How is work-related sexual harassment committed?
Work-related Sexual Harassment is committed when:
• The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment of said individual, or in granting said individual favorable compensation, terms, conditions, promotions, or privileges; or refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee
• The above acts would impair the employee’s rights or privileges under existing labor laws; or
• The above acts would result in an intimidating, hostile or offensive environment for the employee.
How is education or training-related sexual harassment committed?
Education or Training-related Sexual Harassment is committed:
• Against one who is under the care, custody or supervision of the offender;
• Against one whose education, training, apprenticeship, or tutorship is entrusted to the offender;
• When the sexual favor is made a condition to the giving of a passing grade, or granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or considerations; or
• When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.
A person who directs or induces another person to commit any act of sexual harassment or who cooperates to commit the act, without which the said act would not have been committed, will also be held liable under the law.
What is the duty of the employer of head of office in a work or education/training environment?
The employer or head of office is required by the law to prevent the occurrence of sexual harassment acts and to provide the procedures for the resolution, settlement or prosecution of sexual harassment. Towards this end, the employer or head of office shall:
• Promulgate appropriate rules and regulations in consultation with and jointly approved by the employees or student or trainees, through their duly designated representatives. Said rules and regulations shall prescribe the procedures for the investigation of sexual harassment cases and the administrative sanctions thereof.
The said rules and regulations should include guidelines on proper decorum in the workplace and educational or training institutions.
Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment.
• Create a Committee on Decorum and Investigation (CODI) of cases on sexual harassment. The committee shall conduct meetings or as the case may be, with officers and employees, teachers, instructors, professors, coaches, trainors and students or trainees to increase understanding and prevent incidents of sexual harassment. It shall also conduct the investigation of alleged cases constituting sexual harassment.
In the case of work-related environment, the committee shall be composed of at least one (1) representative each from the management, the union, if any, the employees from the supervisory rank, and from the rank and file employees.
In the case of the educational or training institution, the committee shall be composed of at least one (1) representative from the administration, the trainors, teachers, instructors, professors or coaches and students and trainees, as the case may be.
The employer or head of office, educational or training institution shall disseminate or post a copy of RA 7877 for the information of all concerned.
What if the employer or head of office did not undertake any action despite his/her knowledge of the sexual harassment act/s?
The employer or head of office, educational or training institution will be held liable for the damages arising from acts of sexual harassment if they are informed by the offended party of the occurrence of such acts, yet no action has been undertaken.
Can an offended party seek redress by taking an independent action?
Yes, the offended party may take independent action for damages incurred in the act of sexual harassment. She/he may also avail of relief.
What are the penalties for offenders?
Any act arising from the violation of the provisions of this Act shall prescribe in three (3) years.
Any person who violates the provisions of the law shall be penalized by imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not less than Ten Thousand Pesos (P10,000) nor more than Twenty Thousand Pesos (P20,000), or both such fine and imprisonment at the discretion of the court.
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you've done a great job. keep it up.
ReplyDeletewrong format for citation
ReplyDeleteI think you may have gone overboard on the information for the 2 laws, though I appreciate the effort done.
ReplyDeleteGreat work! I hope you never stop doing good articles like these. Continue to strive for the best!
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