Transcript Slide 1

The Anti-Violence Against Women
& Their Children Act of 2004
Salient Features
Atty. Rowena V. Guanzon
RA 9262
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Effective March 27, 2004
A special law protecting women and their
children from violence
Criminal statute
Civil action – Temporary & Permanent
Protection Order
Barangay Protection Order
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Types of Violence
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PHYSICAL
PSYCHOLOGICAL
SEXUAL
ECONOMIC
Other forms of violence, intimidation
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Def.: Violence Against Women
& their children (VAWC)
• any act or series of acts committed by
any PERSON
• against a WOMAN who is his wife, former
wife, or with whom the person has or had
a sexual or dating relationships, or
• with whom he has a common child, or
• against her child/child under her care
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Def: VAWC
• Which result 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
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Elements
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Relationship, past or present
Married or not; living in or not
Sexual or dating relationship
Including lesbian relationships
With common child
Sec. 5 punishable acts
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Who are liable
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Husband, ex-husband
Boyfriend or ex
Father of the woman’s child
Lesbian girlfriends/partners or ex
partners
• Any person with whom the woman
has/had a sexual or dating
relationship
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Sec. 5 Acts of VAWC
• Causing, threatening, attempting to
cause physical harm
• Placing the woman or her child in fear
of imminent physical harm
• Attempting or compelling the woman or
her child to engage in conduct which
they have a right to desist from, or to
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Sec. 5 Acts
• desist from conduct which they have
a right to engage in
• attempting to restrict or restricting
the woman’s or her child’s freedom
of movement or conduct by force or
threat, intimidation
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Sec. 5 Acts
• Acts committed with the purpose or
effect of controlling or restricting the
woman’s or her child’s movement by:
• (1) depriving or threatening to deprive
the woman or her child of custody or
access to her family
• (2) depriving them of financial support;
insufficient financial support
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Sec. 5 Acts
• (3) Depriving or threatening to deprive
the woman or her child of a legal right
• (4) Preventing the woman from engaging
in any legitimate profession, occupation,
business or activity, or controlling her
own money or properties or solely
controlling conjugal or common money
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or properties
Sec. 5 Acts
• Inflicting or threatening to inflict
physical harm on oneself for the
purpose of controlling her actions or
decisions
• Causing or attempting to cause the
woman or her child to engage in any
sexual activity..., by force or threat,
physical harm, intimidation directed
against the woman, her child, or
immediate family *
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Sec. 5 Acts
• Engaging in knowing or reckless conduct,
personally or through another, that
alarms or causes substantial emotional
or psychological distress including:
• (1) stalking
• (2) peering in window; lingering outside
the residence
• (3)entering or remaining in the property
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Sec. 5
• (3) entering or remaining in the house or
on the property
• (4) destroying property and personal
belongings or causing harm to animals,
pets
• (5) engaging in any form of harassment
or violence *
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Sec. 5 Acts
• Causing mental or emotional anguish,
public ridicule, humiliation including
repeated verbal and emotional abuse*
• denial of financial support or custody of
minor children or denial of access to the
woman’s child *
• * PRESCRIPTION PERIOD: 10 years. All others,
20 years
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Purpose of Protection Orders
• to prevent further acts of violence
against a woman or her child.
• to safeguard the victim from further
harm
• to minimize disruption in victim’s
daily life
• give her the opportunity and ability to
regain control over her life.
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Kinds of Protection Orders
• Barangay P.O. – 15 days; not extendible
• Temporary Protection Order – 30 days +
• Permanent Protection Order
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Protection Orders
• Prohibition from threatening or
committing, personally or through
another, any of acts in Sec. 5
• Prohibition from harassing, telephoning,
contacting
• Removal and exclusion from the
residence regardless of ownership,
temporarily or permanently where no
property rights are violated
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Protection Orders
• Stay away from petitioner, any designated
family or household member
• Law enforcer to accompany petitioner to the
residence, ensure possession of
automobile and personal effects; supervise
respondent’s removal of belongings
• Temporary or permanent custody of child
• Support – automatic remittance of salary or
income by employer
• DSWD or LGU to provide shelter and social
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services
Who may file for Protection
Orders (P.O.)
• Offended party
• Parents or guardians
• Ascendants, descendants, collateral relatives
within 4th degree of consanguinity or affinity
• Social workers of DSWD or LGUs
• Police officers
• Punong Barangay or kagawad
• Lawyer, counselor, therapist, healthcare
provider
• At least 2 citizens of the city or municipality
who have personal knowledge of the offense
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Barangay Protection Order
• Issued by Punong Barangay or any
kagawad
• Ex parte; no mediaton or conciliation
• 15 days only; not extendible
• ordering perpetrator to desist from
committing or threatening physical harm
• 30 days imprisonment for violation of
BPO
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Venue for Protection Order
• Family Court where the woman resides,
or
• If none, file it in the RTC, Metropolitan
Trial Court, Municipal Trial Court, or Mun.
Circuit Trial Court where the woman
resides
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Temporary Protection Order
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Issued by the Court on the day of filing
Ex parte ; Priority over all other cases
Effective for 30 days; extendible
Stay away order, temporary custody and
support to woman and/or her children, use
of community/conjugal property
• Bond to Keep the Peace
• Enforceable anywhere in the country
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• No mediation; no conciliation
Permanent Protection Order
• issued after notice and hearing
• custody, support to the woman and/or
her children
• respondent to leave the residence
permanently
• with Bond to Keep the Peace
• may be appealed
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Battered Woman
Syndrome (BWS)
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scientifically defined pattern of
psychological and behavioral symptoms
found in women living in battering
relationships as a result of cumulative
abuse.
justifying circumstance
A victim with BWS can have custody of her
children
Perpetrator of crime against a woman with
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BWS shall not have custody of children
BWS in Pp. vs. Genosa
(Jan. 2004)
• A woman with BWS is one “ who is
repeatedly subjected to any forceful
physical or psychological behavior by a
man in order to coerce her to do
something he wants her to do without
concern for her rights ”
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Exemption from liability
• NO CRIMINAL, CIVIL, ADMINISTRATIVE
LIABILITY :
• Any person, private individual, police
authority, barangay official acting in
accordance with law, who
• responds or intervenes without using
violence or restraint greater than
necessary to ensure safety of the victim
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Rights of victims
• Right to be treated with respect & dignity;
• Legal assistance; support services from
DSWD, LGUs
• To be informed of their rights and
services available
• Additional 10 day paid leave from work
aside from present paid leave benefits
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Rights of victims
• Right to be treated with respect & dignity;
• Legal assistance; support services from
DSWD, LGUs
• To be informed of their rights and
services available
• Additional 10 day paid leave from work
aside from present paid leave benefits
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Rowena V. Guanzon, LLB, MPA
Email: [email protected]
Weblog: www.bingguanzon.com
Tel. 09175418339
Mobile: +63 9999923491