Hyman Jay H.

Blanco, RCrim
“There is no sufficient gunpowder in the world that can
justify attacks against the liberty of the individual,
against the sanctity of the home, against the laws,
against peace and honor.”

- Jose Rizal-
Anti-Violence Against Women and
Their Children Act

RA 9262
What you need to know about RA
9262 (Anti-VAWC)
 Definition of VAWC
 Victims
 Offenders
 Protection Orders
 Battered Woman Syndrome
 Prescription of VAWC offenses
 Roles of the Police and Barangay
 IAC-VAWC
Domestic Violence: Mga Nakagisnang Paniniwala

 Karahasan sa Pamilya: Away pribado

 (It is everybody’s business. It is a crime --- a violation of human
rights.)

 Ang karahasan sa pamamahay ay kakaiba at gawain

lamang ng mga may “sakit”.
 (Not all batterers are “sick”. Violence is done even by highly-
placed, kind, gentle and intelligent people.)

 Ang karahasan sa pamamahay ay nangyayari lamang

sa mga mahihirap na pamilya.
 (It is not a “disease” of the poor. Family violence occurs across
all classes and communities.)
 Domestic Violence: Mga nakagisnang
Paniniwala
 Nananakit ang mga kalalalakihan sa kanilang mga
asawa o kasa-kasamang babae dahil sa impluwensiya
ng droga o alak
 (Drugs and alcohol merely facilitate and intensify violence. They are not
the real cause of violence.)
 Ang karahasan sa loob ng pamamahay ay
panandaliang pagkakawala lamang ng pagtitimpi.
 (It is in fact the conscious use of force or power in order to dominate and
control the wife.)
 Karapatan ng mga kalalakihan ipagawa sa kanilang
asawa anuman ang kanilang naising gawin nito.
 (Violence is never an acceptable part of a relationship. No person has the
right to be abusive or violent to a person, whatever the relationship.)
 The
Human
Faces of
VAW
Cycle of Violence Against Women
BUILD-UP STANDOVER
PHASE PHASE

HONEYMOON VIOLENT
PHASE OUTBURST

PURSUIT REMORSE
PHASE PHASE
 What is “violence against women and their
children”?

A. “Violence against women and their children”

(VAWC) is any act or a series of acts committed
against the victim which result 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.
 Q. Who is the woman victim protected under this law?

 wife; or
 former wife; or
 a woman with whom the offender has or had a sexual or
dating relationship; or
 a woman with whom the offender has a common child; or
 the woman’s child, whether legitimate or illegitimate;

 Who are the children victims protected under the law?

“Children” means the abused woman’s children, boy or girl

alike, below 18 years old, legitimate or illegitimate; or other
children who live with the woman or are under her care.
 Who is the “offender”?

 The following can be held liable for violation of RA 9262:

 husband;
 former husband;
 boyfriend;
 ex-boyfriend;
 live-in partner or ex-partner;
 one with whom the woman has a common child;
 one with whom the woman has/had sexual or dating
relationship
 What does “public crime” mean?

Any citizen who has personal knowledge of the

crime can file a criminal complaint.

 Where is VAWC committed?

Violence against women and their children is

committed within the dwelling/abode or any other
place outside thereof?
 What are the forms of VAWC?
Violence against women and their children can be
described in the following forms:

 “Physical violence” which refers to acts that include

bodily or physical harm;
 “Sexual violence” which refers to an act which is sexual
in nature, committed against a woman or her child.
 “Psychological violence” refers to acts or omissions
causing or likely to cause mental or emotional
suffering of the victim”
 “Economic abuse” refers to acts that make or attempt
to make a woman financially dependent;
 How is “sexual violence” committed?

 Sexual violence is committed in the following manner:

 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 the woman or her child to watch obscene publications and
indecent shows;
 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 cause the victim to engage in any sexual
activity by force, threat of force, physical or other harm or threat of
physical or other harm or coercion;
 prostituting the woman or her child
 How is “psychological violence” committed?

 Psychological violence is committed in the following

manner:

 intimidation;
 harassment;
 stalking;
 damage to property;
 public ridicule or humiliation;
 repeated verbal abuse;
 marital infidelity;
 causing or allowing the victim to witness the physical, sexual or
psychological abuse of a member of the family to which the
victim belongs;
 causing or allowing the victim to witness pornography in any
form;
 causing or allowing the victim to witness abusive injury to pets;
 unlawful or unwanted deprivation of the right to custody and/or
visitation of common children.
 How is “economic abuse” committed?

 Economic abuse can be committed in the following manner:

 withdrawal of financial support or preventing the victim from

engaging in any legitimate profession, occupation, business o
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;
 deprivation or threat of deprivation of financial resources and
the rights to the use and enjoyment of the conjugal, community
or property owned in common;
 destroying household property;
 controlling the victim’s own money or properties or solely
controlling the conjugal money or properties.
 Q. How is “Battered Woman Syndrome” defined under
the law?

 A. “Battered Woman Syndrome” refers to a scientifically

defined pattern of psychological and behavioral symptoms
found in women living in battering relationships as a result of
cumulative abuse.
 Protection Orders
 Its very aim is to STOP AND PREVENT FURTHER
VIOLENCE by separating the couple.
 It is simply a civil remedy.
 May not necessarily compel the petitioner to file
criminal charges under RA 9262.
 May bring about renewed harmony between
spouses.
 May bring about prolonged, legal separation
between parties.
 Q. What are the protection orders that may be
issued under RA 9262?

 A. The following protection orders may be issued

accordingly:

 Barangay Protection Order (BPO), issued by the
Punong Barangay, or in his or her absence, any available
Barangay Kagawad. It is effective within fifteen (15) days.
 Temporary Protection Order (TPO), issued by the
court and is effective within thirty (30) days;
 Permanent Protection Order (PPO), issued by the
court after notice and hearing.
 Who may file petition for Protection Orders?
 victim or offended party;
 parents or guardians of the offended party;
 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;
 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. 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 a protection order. Failure to
comply shall render the official or judge
administratively liable. (Sec 33, RA 9262)
 What are the duties of law enforcers, including
barangay officials, in responding to cases of VAWC?
When called upon to respond to VAWC cases, the duties of
law enforcers are the following:
 enter the house of the victim if necessary, whether or not a
protection order has been issued;
 confiscate any deadly weapon;
 arrest the offender even without a warrant when the act is being
committed, or they have personal knowledge that the abuse has just
been committed;
 transport victim to a safe place or to a clinic;
 assist victim, or offender in pursuance of the protection order, to get
personal things from the house;
 ensure the enforcement of Protection Orders issued by the
barangay or by the courts.
 What is the “Confidentiality” rule under the law?

 All records pertaining to cases of VAWC including

those in the barangay shall be confidential and all
public officers and employees and public or private
clinics or hospitals shall respect the right to privacy of
the victim. Whoever publishes or causes to be
published, in any format, the name, address,
telephone number, school, business address, employer,
or other identifying information of a victim or an
immediate family member, without the latter’s
consent, shall be liable to the contempt power of the
court.
 SEXUAL
HARASSMENT IS
NOT ONLY ABOUT
SEX. IT IS ALSO, AND
OFTENTIMES,
ABOUT POWER.
ILO:Violence in the World of
Work

•At times it is regarded as “harmless flirting”

•It demeans and damages the victim; violates

her right to job security and equal opportunity;
and when ignored, exacts a high cost to the
company.
Forms of Sexual Harassment

 Green jokes
 Hoots, whistles and leers
 Posting of explicitly sexual materials
 Constant requests/demands for dates
 “Hipo”
 Sexual assault
 Rape
 Others which create a hostile environment, cause
annoyance, uneasiness and embarrassment
The Anti-Sexual Harassment Act
of 1995
 Penalizes the crime of sexual harassment occurring
ONLY in the employment, educational and training
environment in the public and private sectors.
The Anti-Sexual Harassment Act
of 1995
 Employers, head of offices or educational
institutions are required to prevent acts of sexual
harassment by providing rules and regulations for
the investigation of cases as well as administrative
sanctions.
The Anti-Sexual Harassment Act
of 1995

 A Committee on Decorum and Investigation (CDI)

that will conduct investigation of alleged sexual
harassment cases must be constituted by the
employer.
The Anti-Sexual Harassment Act
of 1995
 Failure of an employer or head of office of an
education or training environment to take
immediate action after being informed of acts of
sexual harassment will result in solidary liability for
damages arising from the acts of harassment.
Potential offenders:
 Employer
 Employee,
 Manager,
 Supervisor,
 Agent of the employer, teacher,
instructor, professor, coach, trainor, or
any other person having authority,
influence or moral ascendancy over
victim
Potential offenders:
 Teacher
 Instructor
 Professor
 Coach
 Trainor
 Or any other person having
authority, influence or moral
ascendancy over victim
SOME STATISTICS
 The Harasser The victim
 1. Usually a man (95% of the  1. Usually a woman,
time) although men (usually gay)
 2. Older than the victim ( sometimes become victims
68% of the time) of harassment
 3. A co-worker ( 65% of the  2. Usually young woman
time) between the ages of 16 and
 4. An immediate or higher
19 ( 67% of the time); those
level superior supervisor ( 37 55 years and older had a
% of the time ) 22% incidence rate
 3. Trainees with no job
security
 4. Women in non-
traditional jobs and with
male supervisors
What the law penalizes
 When a sexual favour is made a
condition in:
 Hiring, employment, re-employment or
continued employment.
 Granting victim favourable compensation,
terms, conditions, promotions or privileges
What the law penalizes
 When a sexual favour is made a
condition in:
 The refusal to grant the sexual favor results in
limiting, segregating, classifying the employee
which in any way would discriminate, deprive or
diminish employment adversely affect said
employee;
What the law penalizes
 The acts would impair the employee’s rights
or privileges under existing labor laws;
 The acts would result in an intimidate,
hostile, or defensive environment for the
employee.
What the law penalizes
In an Educational Institution:

1. the victim is under the care, custody or supervision of the

offender;

2. the education, training apprenticeship or tutorship of the victim

is entrusted to the offender;

3. the sexual favor is made a condition to the giving of a passing

grade, or the granting honors and scholarship, or the payment of a
stipend, allowance or other benefits, privileges, or consideration; or

4. the sexual advances result in intimidating, hostile or offensive

environment for the student, trainee or apprentice
MAIN ELEMENTS
 The conduct committed must be of a sexual nature.
 The harassment was committed in reference to the
sex, i.e. female or male of the person receiving the
harassment. For example, harassment happens to a
woman because she is female.
MAIN ELEMENTS
 The conduct committed must be of a sexual nature.
 This may also mean that the act committed relates to
the biological difference of men and women and uses
this reality to debase the person of the victim.
MAIN ELEMENTS

 The sexual conduct or attention is unwanted. This

means that the victim does not welcome the attention
and doesn’t intend for the act to continue. It is not
solicited, rather, it is imposed.
RAPE IS A PUBLIC CRIME!
 REMEMBER! Rape is now considered a public
crime. This means that any person who has
knowledge of the crime may file a complaint;
consequently, even if the victim withdraws her
complaint, the government (i.e. the police,
prosecutor, fiscal, etc.) may proceed with the
case.
RA 8353: The Rape Law of 1997
 Re-classified rape as crime vs. persons
 2 ways of committing rape:
 man has carnal knowledge of woman under the
following circumstances:
• Thru force, threat, or intimidation
• When offended party is deprived of
reason/unconscious
• Thru fraudulent machination/grave abuse of
authority
• When offended party is under 12 yrs or demented
RA 8353: The Rape Law of 1997

 By any person who, under any of

circumstances mentioned in paragraph 1,
shall commit an act of sexual assault by:
• inserting his penis into another persons
mouth or anal orifice or
• Inserting any instrument or object
(including a finger) into the genital or
anal orifice of another person
Rep. Act N0. 9995 – Anti-Photo and Video
Voyeurism Act of 2009
 Unlawful to take photo or video coverage of a person or
group performing sexual act or other similar activity or
to capture an image of the private parts of a person
without consent and under circumstances in which
persons have reasonable expectation of privacy.
 When the photo or video is uploaded and distributed by
an ex-boyfriend, RA 9262 is used.