Salient Features of Republic Act 9262 or Anti-Violence slide

Salient Features of Republic Act 9262 or Anti-Violence Against Women and their Children Act of 2004 Synopsis by Atty. Pevi Mae P. Jalipa, CPA

What is Violence Against Women and their Children 

Section 3 of RA 9262 provides: “(a) "Violence against women and their children" refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship , or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, 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. “

Purpose of Anti-VAWC

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To uphold the dignity of Women and children and guarantees full respect for human rights To protect the family and its members particularly women and children, from violence and threats to their personal safety and security.

Forms of Violence 

“Physical Violence" refers to acts that include bodily or physical harm

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"Sexual violence" refers to an act which is sexual in nature, committed against a woman or her child.

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"Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity.

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"Economic abuse" refers to acts that make or attempt to make a woman financially dependent.

Who can be victims of RA 9262 A victim can be

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Wife (married or not married)

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Ex-wife

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Boyfriend-Girlfriend relationship

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Any woman with a child with the man

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Any woman with a previous relationship with the man

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Who can File a case for Anti-VAWC or Violation of RA 9262? RA 9262 is a public crime. The offended party can file a case for Anti-VAWC, including but not limited to: 

Social Worker 

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Police Officer 

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Barangay Kagawad

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Lawyer 

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Relative

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Friend

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Any person who has knowledge of the crime

What are the acts punishable by RA 9262? 

Causing physical harm to the woman or her child;

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Threatening to cause the woman or her child physical harm;

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Attempting to cause the woman or her child physical harm;

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Placing the woman or her child in fear of imminent physical harm;

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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 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 child.

What are the acts punishable by RA 9262? 

Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions;

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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;

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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.

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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 of access to the woman's child/children.

Who are liable for Violation of RA 9262? 

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Juana, married, 35 years old, with 5 children with ages: 1, 4, 5, 6 and 8 years old. Juana is physically battered by her husband who was jobless and drunkard. Juana is the breadwinner of the family by offering laundry services. One night, she was found to be full of bruises.

What steps must be done?

Steps to Undertake: 1. Seek Medical Assistance 2. Seek Psychological Counseling 3. Seek Legal Assistance from: 1. Police 2. Department of Justice 3. Public Attorney’s Office 4. Lawyers

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 a woman or her child specified in Section 5 of this Act (Acts of Violence Against Women and Their Children) and granting other necessary relief. 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 over her life.

Who will enforce the Protection Order?

Law enforcement Agencies like the police

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Effect of the Protection Order 

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Prevent the offender to do physical harm against the victim Prevent the offender to threaten to do physical harm against the victim Prevent the offender from communicating with the victim

Who can apply for a Protection Order from the Barangay or from the Court? Offended Party

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Parents of the Offended Party

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Relative of the Offended Party

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Social Worker

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Barangay Kagawad

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Kinds of Protection Orders Barangay Protection Order 

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Temporary Protection Order 

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Permanent Protection Order 

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How to file an application for Temporary Protection Order or Permanent Protection Order before the court? 

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Avail services of the Public Attorney’s Office or any official with the Department of Justice

Avail Private Services of a lawyer.

Where to file the case for violation of RA 9262? The Regional Trial Court designated as a Family Court shall have original and exclusive  jurisdiction over cases of violence against women and their children under this law. In the absence of such court in the place where the offense was committed, the case shall be filed in the Regional Trial Court where the crime or any of its elements was committed at the option of the compliant.

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Can the Barangay act as mediator of the offender and the offended party including lawyers?

No. The Local Government Code does not allow the Punong Barangay to mediate any cases for violation against women and their children

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Why is there a need to help battered women? 

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No one has the right to physically harm any women. True love is based on respect, care and equality. With the aid of the community, a violent marital relationship can be prevented