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Anti-Violence Against Women and Children

  1. The Anti-Violence Against Women & Their Children Act of 2004 Salient Features BY: WILLIAM S. VARELA Dedicated to my wife Anne M. Varela as Founder of BIGKIS KABABAIHAN and to her co- founder Mary Ann Pacio, Rose Evasco, Gemma Lapitan and Annabelle Layanan… Keep up the good work as GOD said in … Ephesians 2:10 For we are his workmanship, created in Christ Jesus for good works, which God prepared beforehand, that we should walk in them.
  2. Types of Violence Punishable under this Law  PHYSICAL VIOLENCE - Physical injuries - Mutilation  PSYCHOLOGICAL VIOLENCE- acts or omissions causing or likely to cause mental or emotional suffering, including: - Stalking - Damage or property - Ridicule - Repeated verbal abuse - Depriving the woman of access to her family - Marital infidelity
  3. Types of Violence Punishable under this Law  SEXUAL VIOLENCE - Forcing the woman to watch obscene movies - Forcing the woman to engage in any sexual act
  4. Types of Violence Punishable under this Law  ECONOMIC ABUSE – acts that make or attempt to make a woman financially dependent, including: - withdrawal of financial support; preventing her from engaging in a legitimate profession,business or activity - deprivation or threat of deprivation of financial resources and the right to use conjugal or community property
  5. Def.: Violence Against Women & their children (VAWC)  any act or series of acts committed by any PERSON (male or female)  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  within or outside the residence
  6. Def: VAWC  Which result or 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
  7. Who are protected  Women and  children of the abused woman
  8. Who are liable  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
  9. Statutory Construction  Liberally construed to promote the protection and safety of victims of VAWC
  10. Sec. 5 Acts of VAWC  Causing, threatening, attempting to cause physical harm to woman or her child  Placing the woman or her child in fear of imminent physical harm  Attempting or compelling the women or her child to engage in conduct which they have a right to desist from, or to  desist from conduct which they have a right to engage in
  11. Sec. 5 Acts  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,  intimidation directed against the woman or her child
  12. 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 or custody or access to her family (2) depriving them of financial support;insufficient financial support
  13. 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 the victim’s own money or properties or solely controlling conjugal or common money or properties
  14. 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 which does not constitute rape, by force or threat, physical harm, intimidation directed against the woman, her child, or immediate family *
  15. Sec. 5 Acts  Engaging in knowing or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child, including: (1) stalking (2) peering in window; lingering outside the residence (3) entering or remaining in the house or on the property of the woman or her child (4) destroying property and personal belongings or causing harm to animals, pets (5) engaging in any form of harassment or violence *
  16. 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
  17. Sec. 6 Penalties  Aggravating circumstance: 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  Imprisonment plus : fine of P100,000- P300,000, and mandatory psychological counseling or psychiatric treatment
  18. Venue  CRIMINAL ACTION: - Family Court or if none, - In the Regional Trial Court where the crime or any of its elements was committed, - at the option of the complainant.  PROTECTION ORDER : Family Court in the residence of petitioner, if none, in the RTC, MTC, MCTC
  19. Protection Orders  PROTECTION ORDER – to prevent further acts of violence against a woman or her child.  To safeguard the victim from further harm,minimizing disruption in victim’s daily life, and give her the opportunity and ability to regain control over her life.  KINDS OF P.O. – Barangay Protection Order - Temporary Protection Order - Permanent Protection Order
  20. Protection Orders  Prohibition from threatening or committing, personally or through another, any of acts in Sec. 5  Prohibition from harassing, telephoning, contracting the petitioner  Removal and exclusion from the residence regardless of ownership, temporarily or permanently where no property rights are violated  Stay away from petitioner, any designated family or household member, from residence, school, workplace, or specified place
  21. Protection Orders  Directing law enforcer to accompany petitioner to the residence, ensure possession of automobile and other personal effects; supervise respondent’s removal of belongings  Temporary or permanent custody of child  Support: automatic remittance of salary or income by employer  Directing DSWD or appropriate agency to provide shelter and social services
  22. 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
  23. Barangay Protection Order  Issued by Punong Barangay  Effective for 15 days only  Ordering perpetrator to desist from committing physical harm or threatening  Ex parte proceedings [Sec. 5(a) & (b)]  Kagawad can issue if Punong Barangay is not available
  24. Temporary Protection Order  Issued by the court on the day of filing  Ex parte  Priority over all other cases  Effective for 30 days; extendible
  25. Permanent Protection Order  Issued after notice and hearing  Priority over all other proceedings such as election cases, habeas corpus, cases of children (Sec. 20)
  26. Public crime Any citizen having personal knowledge or the circumstances of the offense may file a case
  27. Battered Woman Syndrome (BWS)  BWS- scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.  A defense; justifying circumstance;  A victim with BWS is not disqualified from having custody of her children  Perpetrator of woman with BWS shall not have custody
  28. Duties of Barangay Officials & Law Enforcers  Enter the dwelling whether or not a P.O. has been issued  Confiscate deadly weapon in possession or in plain view  Transport or escort the victim to safe place or clinic, hospital  Assist victim in removing personal belongings from the house
  29. Duties  Ensure enforcement of BPO, TPO, PPO  Arrest without a warrant  when the acts of violence is occurring, or  When s/he has personal knowledge that abuse has just been committed, and there is imminent danger to life and limb of victim  Immediately report the call for assistance of DSWD, LGU social workers or accredited NGOs
  30. Penalties for failure to report  Barangay official or law enforcer who fails to report the incident shall be liable for fine not exceeding P10,000 or civil, criminal or administrative liability
  31. Prohibited Acts  Barangay official or the court hearing the application for a P.O. shall not order, direct, force or in any way influence the applicant to compromise or abandon any of the relief sought.  No mediation or conciliation of acts of VAWC in the barangay
  32. 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
  33. 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
  34. Counseling & Treatment of Offenders  DSWD shall provide rehabilitative counseling and treatment of perpetrators  Constructive ways of coping with anger and reforming their ways.  When necessary, the Court shall order offender to submit to psychiatric treatment or confinement
  35. Confidentiality of records  Court records and barangay records  Right to privacy of victim  Violation: 1 year imprisonment & fine of not more than P500,000
  36. THANK YOU. This presentation was prepared by Atty. Rowena V. Guanzon DILG Consultant on GAD