Вы находитесь на странице: 1из 17

RA 9262: Anti-Violence Against Women

and their Children Act 2004

attyjmp
Continuum of Domestic Violence
PHYSICAL PUSHING PUNCHING SLAPPING KICKING
HOMICIDE USING
DEATH CHOKING THROWING
SUICIDE WEAPONS

VERBAL/ NAME CRITICIZING YOURE NO GOOD


EMOTIONAL CALLING

SUICIDE HUMILIATION ISOLATION YELLING IGNORING

SEXUAL UNWANTED TOUCHING SEXUAL NAME CALLING


RAPE/ DEATH HURTFUL SEX FORCED SEX FALSE ACCUSATIONS

attyjmp
VAWC?
WHAT? Any act or series of acts committed by any
person against
a woman who may be the wife/former wife, with
whom the person has or had a sexual/dating
relationship, or with whom the abuser has a
common child; or
the womans child, whether legitimate or
illegitimate

WHERE? The acts are committed within or outside


the family residence.
WHEN? The acts result in physical, sexual,
psychological harm or suffering, economic abuse,
threats of such acts, battery, assault, coercion,
harassment or deprivation of liberty

attyjmp
WHO may be the PERPETRATORS?
MEN WOMEN

attyjmp
WHO may be the VICTIMS?
WOMEN THEIR CHILDREN

attyjmp
Cycle of Violence

attyjmp
BATTERED WOMAN SYNDROME

NO civil or criminal liability

NOT a ground to deny custody

attyjmp
HOW COMMITTED?
Causing or threatening
to cause physical harm to the victim
to inflict physical harm on oneself for the
purpose of controlling the womans
actions or decisions
Engaging in purposeful, knowing, or reckless
conduct, whether personally or through
another, that alarms or causes substantial
emotional or psychological distress to the
victim

attyjmp
Restricting or attempting to restrict the
victims freedom of movement/conduct
through the use of any of the following:
force or threat of force
physical or other harm or threat of such
physical or other harm
intimidation directed against the victim
Causing or attempting to cause the victim to
engage in any sexual activity which does not
constitute rape, by means of:
force or threat of force or physical harm
intimidation directed against the victim or
the latters immediate family
attyjmp
WHERE to FILE VAWC CASES?
FAMILY COURTS; or
Any RTC where the crime was committed.

attyjmp
KINDS of PROTECTION ORDER

Barangay Protection Order


Temporary Protection Order
Permanent Protection Order

attyjmp
WHO may FILE an APPLICATION for PO?
Victim
Parents or guardians of victim
Ascendants/descendants, relatives within the 4th
degree
DSWD social workers
Police officers
Punong Brgy or Brgy Kagawad
Lawyer, counselor, therapist
At least 2 concerned citizens of the municipality/city
where the violence took place.

attyjmp
BARANGAY PROTECTION ORDER [BPO]

RELIEFS:
Prohibit the respondent from:
threatening/committing physical harm
harassing, annoying, contacting or otherwise
communicating with the victim-survivor,
directly or indirectly

attyjmp
TPO & PPO

Enforceable ANYWHERE in the


Philippines
VIOLATION:
IMPRISONMENT up to 6 months
FINE: P5,000 to P50,000

attyjmp
KEEP IN MIND
Being under the influence of drug or alcohol is NOT
a defense.

VAWC Cases are NOT subject to mediation or


conciliation proceedings.

Legally mandated paid leave up to 10 days.

Confidentiality of records.

Court can direct the Public Attorneys Office (PAO)


to represent the victim in her application for
TPO/PPO if she cannot afford legal service

attyjmp
REMEDIES
PROTECTION ORDER
Barangay Protection Order
TPO & PPO
CRIMINAL CASE
Anti-VAWC Act
Revised Penal Code
CIVIL CASE
Legal Separation
Art. 36

attyjmp
BRGY MATTERS
Issues:
Mediation
Child Custody
Emergency Assistance
Other matters allowed as long as within
jurisdiction and both parties agrees

BARANGAYS ARE MANDATED TO ASSIST VICTIMS


OF VIOLENCE TO THE UTMOST OF THEIR
CAPABILITIES, REFUSAL TO HELP IS AN OFFENSE

attyjmp