What Is The Legal Definition of "Violence Against Women and Their Children?"

 

(Garcia vs. Drilon, G.R. No. 179267, June 25, 2013)  2013)  R.A. 9262 does not violate the guaranty of equal protection of the laws. It is not an “anti“anti-male,” “husband--bashing,” and “hate“husband “hate-men” law.  law.  R.A. 9262 covers lesbian relationships. relationships. The grant of a TPO (Temporary Protection Order) without a hearing does not violate the Constitutional right to due process. The non-referral of a VAWC (violence against women and children) case to a mediator is  justified. RA 9262 does not unduly delegate judicial power to barangay officials. The BPO (Barangay Protection Order) is purely executive in nature in keeping with the barangay captain's duty under the Local Government Code to “enforce all laws and ordinances,” and to “maintain public order in the barangay.”  barangay.”  1. RA 9262 speaks of several kinds of violence. Repeated verbal abuse, public humiliation, etc these fall under psychological violence the penalty of which is six years minimum up to twelve years maximum (if the act is done while the woman is pregnant or in the presence of the common children). 2. RA 9262 is also violated when the man forces the woman to have sexual relations. 3. Text messages can be given as evidence. evide nce. Your friend’s testimony by itself is also evidence.  evidence.  4. A BPO (Barangay Protection Order) can only be issued for limited grounds and is good only for fifteen days. The 15-day period is supposed to give the abused woman enough time to file the case in court for a TPO (Temporary Protection Order) or a PPO (Permanent Protection Order). Tell your friend not ask for a BPO anymore but go straight to Court. RA 9262 cases are not subject to barangay conciliation. conciliation. Your friend can also ask for help from the police police officer in charge of the Women and Children’s Desk in the nearest PNP station, OR from the DSWD project called Melissawatch.  What is the legal definition of “violence against against women and their child children?” ren?” 

“Violence against women and their children” is children” is any act or series of acts committed by any person against a woman with whom the person has or had a sexual or dating relationship, 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.  Can RA 9262 apply even to those who are not married? 

Yes, RA 9262 applies also to those persons involved in a “dating relationship.” relationship.” The  The term refers

 

to “a situation where the parties live as husband and wife without the benefit of marriage, or are romantically involved over time and on a continuing basis during the course of the relationship. A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a dating relationship.”  relationship.”   What does RA 9262 mean by “sexual “sexual relations?” 

The term refers to to “a single sexual act which may or may not result in the bearing of a common child.” Persons involved in such are covered by the provisions of RA 9262.   What do the terms “battery” and “Battered “Battered Woman Syndrome” mean? 

“Battery” refers to an act of inflicting inflict ing physical harm upon the woman or her child resulting to physical and psychological psychological or emotional distress. “Battered Woman Syndrome” refers to a scientifically defined pattern of psychologi psychological cal and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.   What is stalking? 

The term refers to an intentional act committed by a person who, knowingly and without lawful  justification follows the woman or her child child or places places the woman woman or her child child under surveillance directly or indirectly or a combination. combination.   What kinds of violence are prohibited prohibited by RA 9262? 

RA 9262 prohibits physical violence, sexual violence, psychological violence, and economic abuse.   What is sexual violence?

It refers to an act which is sexual in nature, committed against a woman or her child. It includes but is not limited to: 1.  rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks, - physically attacking attacking the sexual parts of the victim’s body, forcing him/her to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or to 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; 2.  acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or coercion; 3.  prostituti prostituting ng the woman or child.

 

 What is psychological violence?

“Psychological Violence” refers to acts or omissions causing or likely to cause mental or “Psychological emotional suffering of the victim such as but not limited to: 1.  intimidation 2.  3.  4.  5.  6.  7.  8. 

harassment stalking damage to property public ridicule or humiliati humiliation on repeated verbal abuse marital infidelity causing or allowing the victim to witness the physical, sexual or psychological psychological abuse of a member of a family to which the victim belongs 9.  causing victim to witness pornography in any form or to witness abusive injury to pets 10.  unlawful or unwanted deprivation of the right to custody and/or visitation of common children.  Why does RA 9262 seem to overemphasize psychological psychological violence? What are the eff effects ects of psychological or emotional abuse? 

Neil Jacobson and John Gottman in their study “When Men Batter Women” relate the insidious effects of psychological or emotional abuse as follows:

 

Emotional abuse is harder to live with than being beaten and it means something different to women when it occurs with physical abuse.   Despite the pain and bruises inflicted by punching, kicking and worse mayhem, it is the scarring left by an emotionally abusive husband husband that is more likely to trigger a battered wife’s decision to leave her spouse.  spouse.    Emotional abuse is more oppressive, particularly when it is frequent. f requent. It can be present every day, every waking hour, 24 hours a day. What men are doing with emotional abuse is almost like mind control.

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 What is economic abuse? 

“Economic Abuse” refers to acts that make or attempt to make a woman financially dependent dependent which includes but is not limited to the following: 1.  withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, occupation, business or activity, except in cases wherein the other spouse/partner spouse/part ner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code. 2.  deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common;

 

3.  destroying household property; 4.  controlling the victims’ own money or properties or solely controlling the conjugal conjugal money or properties.  What are the specific acts of violence punishable punishable under RA 926 9262? 2?

Section 5 of RA 9262 enumerates the specific acts of violence against women and their children. These are the following: following: [a] Causing physical harm to the woman or her child; [b] Threatening to cause the woman or her child physical harm; [c] Attempting to cause the woman or her child physical harm; [d] Placing the woman or her child in fear of imminent physical harm; [e] 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 her child. [f] Inflicting Inflicting or threatening to inflict physical harm on one’s self for the purpose of controlling her actions or decisions; [g] 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; [h] 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. [i] 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 custody of minor children or access to the woman’s child/children.  child/children.   What prohibited acts are included included under paragraph paragraph [e] above?  Paragraph [e] of Section 5 states: “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 intimidation directed against the woman or her child.” c hild.”   This includes the following acts committed with the purpose or effect of controlling or

 

restricting the woman’s or her child’s movement or conduct: 1.  Threatening to deprive or actually depriving the woman or her child of custody to her/his family; 2.  Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, deliberately providing the woman’s children insufficient financial support; 3.  Depriving or threatening threatening to deprive the woman or her child of a legal right; 4.  Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victim’s own money or properties, p roperties, or solely controlling the conjugal or common money or properties.  What prohibited acts are included included under paragraph paragraph [h] of Section 5?

Paragraph [h] of Section 5 states: “Engaging in purposeful, knowing, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child.” This includes the following acts:  acts:  1.  Stalking or following the woman or her child in public or private places; 2.  Peering in the widow or lingering outside the residence of the woman or her child; 3.  Entering or remaining in the dwelling or on the property of the woman or her child against her/his will; 4.  Destroying the property and personal belongings of inflicting harm to animals or pets of the woman or her child; and 5.  Engaging in any form of harassment or violence.  What are the penalties for acts of violence violence against women?

Section 6 of RA 9262 provides for penalties for various prohibited acts of violence against women and their children. These are the following: [1] Acts falling under Section 5(a) constituting attempted, attempted, frustrated or consummated parricide or murder or homicide shall be punished in accordance with the provisions of the Revised Penal Code. [2] If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code; those constituting serious physical injuries shall have the penalty of prision mayor; those constituting less serious physical injuries shall be punished by prision correccional; and those constituting slight physical injuries shall be punished arresto mayor. [3] Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower than the prescribed penalty for the consummated crime as specified in the preceding paragraph but shall in no case be lower than arresto mayor. [4] Acts falling falling under under Section Section 5(c) shall be punished bycorreccional; arresto mayor; [5] Acts 5(e) and shall5(d) be punished by prision

 

[6] Acts falling under Section 5(f) shall be punishable by arresto mayor; [7] Acts falling under Section 5(g) shall be punished by prision mayor; [8] Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor. If the acts are committed while the woman or child is pregnant, or committed in the presence of her child, the penalty to be applied shall be the maximum period of penalty prescribed in this section.   What do the terms “prision mayor,” “arresto “arresto mayor,” etc. mean?  Prision mayor – Penalty of imprisonment is from 6 years and 1 day to 12 years; minimum from 6 years and 1 day to 8 years; maximum - from 10 years and 1 day to 12 years. Prision correctional - Penalty of imprisonment is from 6 months and 1 day to 6 years ; minimum - from 6 months and 1 day to 2 years and 4 months; maximum - from 4 years, 2 months and 1 day to 6 years Arresto mayor - Penalty of imprisonment is from 1 month and 1 day to 6 months; minimum from 1 to 2 months; maximum - from 4 months and 1 day to 6 months . Beside imprisonment, are there any other penalties provided by RA 9262? 

Yes, in addition to imprisonment, the perpetrator must: 1.  pay a fine in the amount of not less than One Hundred Thousand Pesos but not more than Three Hundred Thousand Pesos; 2.  undergo mandatory psychological counseling or psychiatric treatment and must report compliance to the court.  What court has jurisdiction over RA 9262 cases?

The Regional Trial Court designated as a Family Court has original and exclusive jurisdiction over cases of violence against women and their children. In the absence of such court in the place where the offense was committed, the case must be filed in the Regional Trial Court where the crime or any of its elements was committed at the option of the complainant. Is it only the woman-victim of abuse who can report the t he offense to the police authorities?

Under Section 25 of RA 9262, violence against women and their children are considered as a public crime. This means that the case may be prosecuted upon the filing of a complaint by any citizen having personal knowledge of the circumstances involving the commission of the crime.   If a person witnesses abuse being committed co mmitted against a woman or her child and intervenes, does that person have any liability?

 

Section 34 of RA 9262 provides: "In every case of violence against women and their children, any person, private individual or police authority or barangay official, who acting in accordance with law, responds or intervenes without using violence or restraint greater than necessary to ensure the safety of the victim, shall not be liable for any criminal, civil or administrative liability resulting therefrom."   What are the rights of victims under RA 9262? 9262?

Section 35 of RA 9262 that in addition to their rights under existing laws, victims of violence against women and their children have the following rights: [a] to be treated with respect and dignity; [b] to avail of legal assistance from the PAO of the Department of Justice (DOJ) or any public legal assistance office; [c] to be entitled to support services from the DSWD and LGUs; [d] to be entitled to all legal remedies and support under the Family Code; and [e] to be informed of their rights and the services available to them including their right to apply for a protection order. Section 36 also provides that any victim of violence under this Act are entitled to actual, compensatory, moral and exemplary damages. Section 40 obligates the DSWD and local government units to provide mandatory programs and service for victims such as temporary shelters, provide counseling, psycho-socia psycho-sociall services or recovery, rehabilitation programs and livelihood assistance. The DOH must provide medical assistance to victims. A woman-victim might be prejudiced in her employment if she takes time off to get medical treatment or to seek police and legal assistance in filing her case. What provision if any does RA 9262 have in this situation?

Section 43 of RA 9262 provides that victims are entitled to take a paid leave of absence up to ten days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations, Regulation s, extendible when the necessity arises as specified in the protection order. Any employer who prejudices the right of the person under this section must be penalized according to the provisions of the Labor Code and Civil Service Rules and regulations. Likewise, an employer who prejudices any person for assisting a co-employee who is a victim under this Act must be held liable for discrimination.  What if the perpetrator of abuse abuse against a woman or her child tries to evad evade e prosecution by leaving the country? 

 

  Section 37 of RA 9262 states: "The court shall expedite the process of issuance of a hold departure order in cases prosecuted under this Act."   What are the responsibilities of doctors, doctors, nurses and healthcare wo workers rkers under RA 9262?

Section 31 of RA 9262 provides, among other things, that healthcare providers should: [a] automatically provide the victim free of charge a medical certificate concerning the examination or visit; [b] safeguard the records and make them available to the victim upon request at actual cost; and [c] provide the victim immediate and adequate notice of rights and remedies under RA 9262, and the services available to them.  Why is there a need for information and and training of healthcare prov providers? iders? By the nature of their work, aren’t they already familiar with domestic violence, their causes and manifestations?  A study by Evan Stark and Ann Flitcraft (“Medical Therapy as Repression: The Case of the Battered Woman,” Health and Medicine, 1982) discovered that out of one million women who sought medical treatment for injuries inflicted by their husbands or boyfriends, doctors correctly identified the injuries as a result of battering only four percent of the time.   What prevents a woman or her children children or both from filing a case is the possib possible le shame and embarrassment in their community. What are the provisions of RA 9262 to ensure the confidentiality of the victims and the case?

Section 44 provides the following safeguards and penalties so as to ensure confidentiality: 1.  All records pertaining to cases of violence against women and their children including those in the barangay shall be confidential and all public officers and employees and public or private clinics to hospitals shall respect the right to privacy of the victim. 2.  Whoever publishes or causes to be published, in any format, the name, address, telephone number, school, business address, employer, or other identifying information information of a victim or an immediate family member, without the latter’s consent, shall be liable to the contempt power of the court. 3.  Any person who violates this provision shall suffer the penalty of one year imprisonment and a fine of not more than Five Hundred Thousand Pesos.  What can be done for the offenders? offenders? 

Section 41 provides that the DSWD must provide rehabilitative counsel counseling ing and treatment to perpetrators towards learning constructive ways of coping with anger and emotional outburst

 

and reforming their ways. When necessary, the offender must be ordered by the Court to submit to psychiatric treatment or confinement. The provisions of RA of RA 9262 on protection orders are discussed below in question and answer format.   What is a protection order? 

Section 8 of RA 9262 defines “protection order” as an order issued for the purpose of preventing further acts of violence against a woman or her children specified in Section 5 and granting other necessary relief. The provisions of the protection orders must be enforced by law enforcement agencies.  What are the different kinds kinds of protection orders under RA 9 9262? 262?  The three kinds of protection orders under RA 9262 are: 1.  BPO (Barangay Protection Order); 2.  TPO (Temporary Protection Order) issued by the court; and 3.  PPO (Permanent Protection Order) issued by the court.  What court has jurisdiction over RA 9262 cases? 

The Regional Trial Court designated as a Family Court has original and exclusive jurisdiction over cases of violence against women and their children. In the absence of a Family Court in the place where the offense was committed, the case can be filed in the Regional Trial Court where the crime or any of its elements was committed, at the option of the complainant.  What are the purposes of a protection protection order?  The reliefs granted under a protection order are for: [1] safeguarding the victim from further harm, [2] minimizing any disruption in the victim’s daily life, and  and   [3] providing the opportunity and ability of the victim to independently regain control over her life.  What are the reliefs or remedies remedies under a protection order?  The protection orders that may be issued under Section 8 of RA 9262 include any, some, or all of the following reliefs: [a] Prohibition of the respondent from threatening to commit or committing, personally or through another, any of the acts mentioned in Section 5 of this Act;

 

  [b] Prohibition of the respondent from harassing, annoying, telephoning, contacting contacting or otherwise communicating with the petitioner, directly or indirectly; [c] Removal and exclusion of the respondent from the residence of the petitioner, regardless of ownership of the residence, either temporarily for the purpose or protecting the petitioner, or permanently where no property rights are violated, and if respondents must remove personal effects from the residence, the court shall direct a law enforcement agent to accompany accompany the respondent has gathered his things and escort respondent from the residence; [d] Directing the respondent to stay away from petitioner and designated family or household member at a distance specified by the court, and to stay away from the residence, school, place of employment, or any specified place frequented by the petitioner and any designated family or household member; [e] Directing lawful possession and use by petitioner of an automobile and other essential personal effects, regardless of ownership, and directing the appropriate law enforcement officer to accompany the petitioner to the residence of the parties to ensure that the petitioner is safely restored to the possession of the automobile and other essential personal effects, or to supervise the petitioner’s or respondent’s removal of personal belongings; belongings;   [f] Granting temporary or permanent custody of a child or children to the petitioner; [g] Directing the respondent to provide support to the woman or her child if entitled to legal support. Notwithstanding Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of the income or salary of the respondent to be withheld regularly by the respondent’s employer for the same to be automatically remitted directly to the woman. woman.   Failure to remit or withhold or any delay in the remittance of support to the woman or her children without justifiable cause will render the respondent or his employer liable for indirect contempt of court; [h] Prohibition of the respondent from any use or possession of any firearm or deadly weapon and order him to surrender the same to the court for appropriate disposition disposition by the court, including revocation of license and disqualification disqualification to apply fore any license to use or possess a firearm. If the offender is a law enforcement agent, the court shall order the offender to surrender his firearm and shall direct the appropriate authority to investigate on the offender and take appropriate action on the matter; [i] Restitution for actual damages caused by the violence inflicted, including but not limited to, property damage, medical expenses, childcare expenses and loss of income; [j] Directing the DSWD or any appropriate agency to provide what the petitioner may need; and k] Provision of such other forms of relief as the court deems necessary to protect and provide for the safety thedesignated petitioner and anyordesignated or household househol provided petitioner andofany family householdfamily member consents d tomember, such relief.

 

  Any of the reliefs provided above shall be granted even in the absence of a decree of legal separation or annulment or declaration of absolute nullity of marriage. Is it only the woman-victim or her children who can ask for the issuance of a protection order?  No. Violence against women or their children is considered as a public offense under Section 25 of RA 9262. Section 9 of RA 9262 enumerates the persons, besid besides es the woman or her children, who can file the petition for a protection order. These persons are:    

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parents or guardians of the offended party; ascendants, descendants 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; desks;   Punong Barangay or Barangay Kagawad; lawyer, counselor, therapist therapist or healthcare provider of the petitioner; or at least two concerned responsible citizens of the city or municipality where the violence against women and their children took place and who have personal knowledge of the offense committed.

 What are the procedures in applying applying for a protection order? 

Section 11 of RA 9262 provides the steps in applying for a protection order: The application for a protection order must be in writing, signed and verified under oath by the applicant. It may be filed as an independent action or as incidental relief in any civil or criminal case the subject matter or issues thereof partakes of violence as described in this Act. A standard protection order application form, written in English with translation translation to the major local languages, is available to facilitate applications for protection order, and contains, among others, the following information: [1] names and addresses of the petitioner and respondent [2] description of relationships relationships between petitioner and respondent; [3] a statement of the circumstances of the abuse;description abuse;description of the reliefs requested by petitioner as specified in Section 8 herein; [4] request for counsel and reasons for such; [5] request for waiver of application fees until hearing; and

 

[6] an attestation that there is no pending application for a protection order in another court. If the applicant is not the victim, the application must be accompanied by an affidavit of the applicant certifying to (a) the circumstances of the abuse suffered by the victim and (b) the circumstances of consent given by the victim for f or the filing of the application. When disclosure of the address of the victim will pose danger to her life, it must be so stated in the application. In such a case, the applicant shall attest that the victim is residing in the municipality or city over which the court has territorial jurisdiction, and must provide a mailing address for purpose of service processing. An application for protection order filed with a court is an application for both a TPO and PPO. Barangay officials and court personnel must assist applicants in the preparation of the application. Law enforcement agents must also extend assistance in the application for protection orders in cases brought to their attention. attention. Does the TPO or PPO have valid effect only within the jurisdiction of the court that issued the order?  Section 12 of RA 9262 provides: “All TPOs and PPOs issued under this Act shall be enforceable anywhere in the Philippines and a violation thereof shall be punishable with a fine ranging from Five Thousand pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment of six (6) months.”  months.”   What are the procedures in the issuance of a Barangay Protection O Order? rder?  Section 14 of RA 9262 provides for the following procedures: procedures: A Punong Barangay who receives applications for a BPO must issue the protection order to the applicant on the date of filing after ex parte determination of the basis of the application. [1] If the Punong Barangay is unavailable to act on the application for a BPO, the application must be acted upon by any available Barangay Kagawad. [2] If the BPO is issued by a Barangay Kagawad, Kagawad, the order must be accompanied by an attestation by the Barangay Kagawad that the Punong Barangay was unavailable at the time of the issuance of a BPO. [3] BPOs are effective for fifteen days. [4] Immediately after the issuance of an ex parte BPO, the Punong Barangay or Barangay Kagawad must personally serve a copy of the same on the respondent, or direct any barangay official to effect its personal service. [5] The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong Barangay. The BPO is limited only to the following reliefs or remedies:

 

[a] Prohibition of the respondent from threatening to commit or committing, personally or through another, any of the acts mentioned in Section 5 of this Act; [b] Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise communicating with the petitioner, directly or indirectly. If the barangay issued a BPO, will this prevent the woman-victim or her children from going to court and asking for a TPO or a PPO?  The issuance of a Barangay Protection Protection Order or the pendency of an application for BPO does not prevent a petitioner from applying for, or the court from granting a TPO or PPO.  What is a Temporary Protection Order (TPO)?  Section 15 of RA 9262 defines a TPO as the protection order issued by the court on the date of filing of the application after ex parte determination that such order should be issued. Ex parte determination means that the offender does not need to be notified of the hearing or to be present during the hearing for the issuance of a TPO.  What can the court provide for in a TPO?  A court may grant in a TPO any, some or all of all the reliefs mentioned in Section 8 of RA 9262. The TPO is effective for thirty days. The court must schedule a hearing on the issuance of a PPO on or before the date of the expiration of the TPO. The court must order the immediate personal service of the TPO on the respondent by the court sheriff who may obtain the assistance of law enforcement agents for the service. The TPO must include notice of the date of the hearing on the merits of the issuance of a PPO.  What is a Permanent Protection Order Order (PPO)?  Section 16 of RA 9262 defines “Permanent Protection Order” (PPO) as the protection order issued by the court after notice and hearing. While a TPO may be decided ex parte, notice to the alleged offender and due hearing are necessary for the issuance of a PPO.  What if the offender refuses refuses or fails to appear during th the e hearing for the issuance of a P PPO? PO?  The alleged offender cannot frustrate justice by refusing or failing to appear during the hearing. RA 9262 provides for the following: [1] Respondent’s non-appearance non-appearance despite proper notice, or his lack of a lawyer, or the nonavailability of his lawyer shall not be a ground for rescheduling or postponing the hearing on the merits of the issuance of a PPO. [2] If the respondent appears without counsel on the date of the hearing on the PPO, the court shall appoint a lawyer for the respondent and immediately proceed with the hearing. [3] In case the respondent fails to appear despite proper notice, the court shall allow ex parte

 

presentation of the evidence by the applicant and render judgment on the basis of the evidence presented.  What are the procedures to be followed followed by the court in the hearing for tthe he issuance of a PPO?  RA 9262 provides for the following procedures: [1] The court shall allow the introduction of any history of abusive conduct of a respondent even if the same was not directed against the applicant or the person for whom the application is made. [2] The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in one day. [3] Where the court is unable to conduct the hearing within one day and the TPO issued is due to expire, the court must continuously extend extend or renew the TPO for a period of thirty days at each particular time until a final judgment is issued. The extended or renewed TPO may be modified by the court as may be necessary or applicable to address the needs of the applicant. [4] The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A PPO is effective until revoked by a court upon application of the person in whose favor the order was issued. [5] The court must ensure immediate personal service of the PPO on respondent. [6] The court must not deny the issuance of protection order on the basis of the lapse of time between the act of violence and the filing of the application. [7] Regardless of the conviction or acquittal of the respondent, the Court must determine whether or not the PPO should become final. Even in a dismissal, a PPO must be granted as long as there is no clear showing that the act from which the order might arise did not exist.  What should the copy of the protection order contain?  Section 17 of RA 9262 provides that the following statement statement must be printed in boldfaced type or in capital letters on the protection order issued by the Punong Barangay or Court: “VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW”  LAW”    What will happen if the barangay barangay or the court fails to observe the per periods iods mentioned in RA 9262?  Section 18 provides that failure to act on an application for a protection order within the prescribed period without justifiable cause will render the official or judge administratively liable.  What if the barangay council or the judges are busy with other matters?  Section 20 provides that application for a protection order must have priority: [1] Barangay officials and the c ourts courts must schedule and conduct hearings on applications protection order under this Act above all other business and, if necessary, suspend other for a

 

proceedings in order to hear applications for a protection order. [2] Ex parte and adversarial hearings hearings to determine the basis of applications for a protection order under RA 9262 must have priority over all other proceedings.  What if the barangay issued a BPO but but the woman’s intimate partne partnerr violates it by inflicting harm or threatening the woman and/or her child?   Under Section 21, violation of a BPO is punishable by imprisonment of thirty days without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed. [1] A complaint for a violation of a BPO issued under this Act must be filed directly with any municipal trial court, metropolitan trial court, or municipal circuit trial court that has territorial  jurisdiction over over the barangay barangay that issued the BPO. [2] A judgment of violation of a BPO may be appealed according to the Rules of Court. During trial and upon judgment, the trial court may on its own issue a protection order as it deems necessary without need of an application.  What are the consequences if a TPO or a PPO PPO is violated?  Violation of any provision of a TPO or a PPO issued under this Act constitutes contempt of court punishable under Rule 71 of the Rules of Court, without prejudice to any other cr criminal iminal or civil action that the offended party may file for any of the acts committed.  What consequences, if any, are there there if barangay or police officials re refuse fuse to act on a complaint filed by an abused woman or her children?  Any barangay official or law enforcer who fails to report the incident is liable for a fine not exceeding ten thousand pesos or whenever applicable criminal, civil or administrative liability. Are complaints for violations of RA 9262 covered by the barangay justice system, or by mediation and conciliation?  No. Section 33 provides that the following are prohibited acts: [1] A Punong Barangay, Barangay Kagawad or the court hearing an application for a protection order must not order, direct, force or in any way unduly influ influence ence the applicant for a protection order to compromise or abandon any of the reliefs sought in the application for protection under RA 9262. [2] Section 7 of the Family Courts Act of 1997 and Sections 410, 411, 412 and 413 of the Local Government Code of 1991 do not apply in proceedings where relief is sought under RA 9262. [3] Failure to comply with this Section will render the official or judge administratively liable. The "Battered Woman Syndrome" as defense

 

Spousal abuse: In the name of submission? Our subject deals with one of the tragic realities of life – spousal abuse. My previous article “Hope and help for the battered woman: Statistics on domestic violence violence”” paints a very grim picture of spousal abuse as a worldwide phenomenon. phenomenon. The article on the “Battered Woman Syndrome” (BWS) is taken from the Supreme the Supreme Court decision in the case of Marivic Genosa, a Genosa, a Leyteña convicted of murdering her husband for which the t he trial court imposed on her the death penalty.On automatic appeal of Genosa’s case to the High Court, nationally-known nationally -known lawyer Katrina Legarda introduced BWS as Genosa’s defense. The Court decided the case several several months before the passage of Republic Act 9262 or the “Anti-Violence “Anti-Violence Against Women and Their Children Act of 2004” into law in March 2004.  2004.  As you can read from my Legal Updates article, the Court took BWS into consideration but said that [1] the presence presence of the syndrome was not proven in Genosa’s case; and and  [2] the Court’s hands were tied by the prevailing provisions of the Revised Penal Code which did not consider BWS as a justifying circumstance circumstance that would enable Genosa to claim valid selfdefense. Nevertheless, the Supreme Court considered two mitigating circumstances in Genosa’s favor, reduced her penalty, and for time already served, ordered Genosa’s release from the Correctional Institution for Women in Mandaluyong.

The Supreme Court’s decision is quite a read, even for law students, but if you’re a counselor, pastor, or someone who personally knows a battered b attered woman, you should take the time and effort in understanding it. "Battered Woman Syndrome" defined and as a defense in criminal cases  Please take note that Republic that  Republic Act 9262 or the “Anti-Violence “Anti-Violence Against Women and their Children Act of 2004” became law after the Genosa decision. RA 9262 defines BWS as “a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.”   Section 26 of RA 9262 discusses the “Battered Woman Syndrome” as a defense, to defense, to wit,

Victim-survivors who are found by the courts c ourts to be suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of the elements for justifying circumstances of self-defense under the Revised Penal Code. In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the time of the commission of the crime, the courts shall be assisted by expert psychiatrists/  psychologists.  In layman’s terms, now, under RA 9262, if an abused woman kills or inflict physical injuries on her abusive husband or live-in partner, once the trial court determines that she is suffering from the “Battered Woman Syndrome,” the court will declare her not guilty. (As I mentioned above, the Court stated that BWS was not proven in Genosa’s case and that the provisions of the Revised Penal Code on the elements of justifying circumstances on self-

defense thus had to be followed.)

 

Characteristics of a battered woman 

During the re-hearing at the Leyte trial court, expert witnesses Dra. Natividad Dayan and Dr. Pajarillo testified on what the Battered Woman Syndrome was. The Supreme Court decision states in detail what BWS is. For the sake of clarity, I have numbered the paragraphs of this portion of the Court’s decision.  decision.   [1] In claiming self-defense, Genosa raises the novel theory of the battered woman syndrome. While new in Philippine jurisprudence, the concept has been recognized in foreign jurisdictions as a form of self-defense or, at the least, incomplete self-defense. By appreciati appreciating ng evidence that a victim or defendant is afflicted with the syndrome, foreign courts convey their “understanding of the justifiably fearful state of mind of a person who has been cyclically abused and controlled over a period of time.”  time.”  [2] A battered woman has been defined as a woman “who is repeatedly subjected to any forceful physical or psychological psychological behavior by a man in order to coerce her to do something he wants her to do without concern for her rights. Battered women include wives or women in any form of intimate relationship relationship with men. Furthermore, in order to be classified as a battered woman, the couple must go through the battering cycle at least twice. Any woman may find herself in an abusive relationship with a man once. If it occurs a second time, and she remains in the situation, she is defined as a battered woman.”  woman.”  [3] Battered women exhibit common personality traits, such as low self-esteem, traditional traditional beliefs about the home, the family and the female sex role; emotional dependence upon the dominant male; the tendency to accept responsibility for the batterer’s actions; and false hopes that the relationship will improve. [4] More graphically, the battered woman syndrome is characterized by the so-called so-called “cycle of violence,” which has three phases: (1) the tension-building tension-building phase; (2) the acute battering incident; and (3) the tranquil, loving (or, at least, nonviolent) phase. [5] During the tension-building phase, minor battering occurs - it could be verbal or slight physical abuse or another form of hostile behavior. The woman usually tries to pacify the batterer through a show of kind, nurturing behavior; behavior; or by simply staying out of his way. What actually happens is that she allows herself to be abused in ways that, to her, are comparatively minor. All she wants is to prevent the escalation of the violence exhibited by the batterer. This wish, however, proves to be double-edged, double-edged, because her “placatory” and passive behavior legitimizes his belief that he has the right to abuse her in the first place. [6] However, the techniques adopted by the woman in her effort to placate him are not usually successful, and the verbal and/or physical abuse worsens. Each partner senses the imminent loss of control and the growing tension and despair. Exhausted from the persistent stress, the battered woman soon withdraws emotionally. But the more she becomes emotionally unavailable, the more the batterer becomes angry, oppressive and abusive. Often, at some unpredictable unpredictable point, the violence “spirals out of control” and leads to an acute battering incident. [7] The acute battering incident is said to be characterized by brutality, destructiveness destructiveness and,

 

sometimes, death. The battered woman deems this incident as unpredictable, yet also inevitable. During this phase, she has no control; only the batterer may put an end to the violence. Its nature can be as unpredictable as the time of its explosion, and so are his reasons for ending it. The battered woman usually realizes that she cannot reason with him, and that resistance would only exacerbate her condition. [8] At this stage, she has a sense of detachment from the attack and the terrible pain, although she may later clearly remember every detail. Her apparent passivity in the face of acute violence may be rationalized thus: the batterer is almost always much stronger physically, and she knows from her past painful experience that it is futile to fight back. Acute battering incidents are often very savage and out of control, such that innocent bystanders or intervenors are likely to get hurt. [9] The final phase of the cycle of violence begins when the acute battering incident ends. During this tranquil period, the couple experience profound relief. On the one hand, the batterer may show a tender and nurturing behavior towards his partner. He knows that he has been viciously cruel and tries to make up for it, begging for her forgiveness and promising never to beat her again. On the other hand, the battered woman also tries to convince herself that the battery will never happen again; that her partner will change for the better; and that this “good, gentle and caring man” is the real person whom she loves.  loves.   [10] A battered woman usually believes that she is the sole anchor of the emotional stability of the batterer. Sensing his isolation and despair, she feels responsible for his well-being. The truth, though, is that the chances of his reforming, or seeking or receiving professional help, are very slim, especially if she remains with him. Generally, only after she leaves him does he seek professional help as a way of getting her back. Yet, it is in this phase of remorseful reconciliation that she is most thoroughly tormented psychologically. [11] The illusion of absolute interdependency interdependency is well-entrenched well- entrenched in a battered woman’s psyche. In this phase, she and her batterer are indeed emotionally dependent on each other -- she for his nurturant behavior, he for her forgiveness. Underneath this miserable cycle of “tension,  “tension,   violence and forgiveness,” forgiveness,” each partner may believe that it is better to die than to be separated.

Neither one may really withoutt the other. Effects of battering    feel independent, capable of functioning withou The Supreme Court, based on the testimonies of the expert witnesses presented in Genosa’s defense, summarized the effects when a woman is abused over a period of time. Again, for the sake of clarity, I have numbered the paragraphs of this particular portion of the Court’s decision. [1] Because of the recurring cycles of violence experienced by the abused woman, her state of mind metamorphoses. In determining her state of mind, we cannot rely merely on the judgment of an ordinary, reasonable person who is evaluating the events immediately surrounding the incident. A Canadian court has aptly pointed out that expert evidence on the psychological effect of battering on wives and common law partners are both relevant and necessary. “How can the mental state of the appellant be appreciated without it? The average member of the public may Why such would a woman up she withlove thisakind of treatment? Why sheof continue to ask: live with a man? Howput could partner who beat her toshould the point

 

requiring hospitalization? hospitalization? We would expect the woman to pack her bags and go. Where is her self-respect? Why does she not cut loose and make a new life for herself? Such is the reaction of the average person confronted with the so-called so-called ‘battered wife syndrome.’” syndrome.’”   [2] To understand the syndrome properly, however, one’s viewpoint one’s viewpoint should not be drawn from that of an ordinary, reasonable person. What goes on in the mind of a person who has been subjected to repeated, severe beatings may not be consistent with -- nay, comprehensible to ---those who have not been through a similar experience. Expert opinion is essential to clarify and refute common myths and misconceptions about battered women. [3] The theory of BWS formulated by Lenore Walker, as well as her research on domestic violence, has had a significant significant impact in the United States and the United Kingdom on the treatment and prosecution of cases, in which a battered woman is charged with the killing of her violent partner. The psychologist explains that the cyclical nature of the violence inflicted upon the battered woman woman immobilizes the latter’s “ability to act decisively in her own interests, making her feel trapped in the relationship with no means of escape.” In her years of research, Dr. Walker found that “the abuse often escalates at the point of separation and ba ttered women are in greater danger of dying then.”  then.”  [4] Corroborating these research findings, Dra. Dayan said that “the battered woman usually has a very low opinion of herself. She has self-defeating and self-sacrificing self-sacrificing characteristics.” When the violence would happen, they usually think that they provoked it, that they were the ones who precipitated the violence; that they provoked their spouse to be physically, verbally and even sexually abusive to them.”  them.”   As I pointed out in the introductory portion of this article, the Supreme Court decided the Genosa case several months before RA 9262 was promulgated. Now RA 9262, specifically Section 26, expressly provides for the “Battered Woman Syndrome” as a defense, even in the absence of any of the elements for justifying circumstances circumstances of self-defense under the Revised Penal Code. Spousal abuse: In the name of submission? 

In thethat areaofofthe relationships there ssion cannot a moreSometime explosive in and issueI than headship ofand menmarriage, and the submission submi ofbe women. thedivisive late 1990’s, think, the Southern Baptist Convention issued an official statement asking women to “graciously submit” submit” to their husbands. Needless to say, that statement was greeted with controversy, scorn and ridicule from different sectors and even from within the Convention itself. Feminist groups have been saying all these time that the Biblical injunction for women to submit to their husbands is an open invitation for spousal abuse. If you want a thorough discussion of the Biblical doctrines of the headship of men and the submission of women, I recommend the following books to you:   [1] “Strike the Original Match” by Chuck Swindoll; Multnomah Press © 1980; specifically the chapters entitled “Let’s Repair the Foundation” and “Bricks that Build a Marriage.”  Marriage.”  [2]  “Theentitled Grace Awakening” byby Chuck Swindoll; Word Publishing, ©1996; specifically the chapter “A Marriagealso Oiled Grace” Grace”   

 

  [3] “Together Forever” by Anne Kristin Caroll; Zondervan, © 1982 by Barbara J. Denis); Denis); specifically the chapter entitled “Who Wears the Pants?”  Pants?”  [4] “Rocking the Roles” by Robert Lewis and William Hendricks; NavPress, ©1991; specifically the chapters entitled “The ‘S’ Word” and “The Masculine Counterpart to the ‘S’ Word.”  Word.”  In a previous article article entitled “The Myth of Mutual Submission part 2” 2” , I wrote about the true story of Lucy Tisland who, like Marivic Genosa, killed her husband after enduring years of abuse. The question is, “How should individual Christians, pastors and churches respond to the issue of spousal abuse?”  abuse?”  I have discussed this issue in my article entitled “Hope “ Hope and help for the battered woman (5): Biblical response to spousal abuse” abuse ” but let me re-state re-state here some of the main points of that article:  [1] Spousal abuse is a sin, and as such, must be dealt with in keeping with Matthew 18, in situations where the spouses concerned are members of the church. [2] Spousal abuse is not only a sin, but also a crime punishable under RA 9262. Since Romans 13 commands us to be subject to the higher powers, pastors and church counselors cannot close their eyes, send the abused woman back into the abusive situation, and simply hope for the best. God’s miracle and protection for the abused woman have already been provided for in laws such as RA 9262. Pastors and counselors should should therefore be familiar with the provisions of this law in order to ably counsel abused women on their rights.  What is mediation? 

Mediation is a method of “Alternative Dispute Resolution” and under the Supreme Court guidelines, it is mandatory for all civil cases and some criminal offenses (like BP 22 or bouncing checks). The court orders the litigants to undergo mediation mediation proceedings before a Supreme Court-trained mediator, for a period of 30 days. Mediation is informal and the mediator tries to get the parties to settle the case amicably, on a win-win scenario for all the parties involved. If the mediation fails, then the case is referred back to court for continuation of trial. But experience has shown that mediation works well with a high percentage of cases amicably settled. Labor dispute cases in the National Labor Relations Commission Commission (NLRC) now also undergo mandatory conciliation/mediation conciliation/mediation proceedings. Of course, most of you are familiar with the mediation proceedings at the barangay level, as provided for by the Local Government Code of 1991. RA 9262 cases expressly exempted from mediation (by barangay officials, police officers, social workers, and judges) 

It appears from Pia’s report and the Internet resources I checked that California and some other places in the USA allow mediation proceedings even in domestic violence cases. But, here in the Philippines, RA 9262, its Implementing Rules and Regulations and the Supreme Court Rule for RA 9262, all prohibit mediation of cases involving violence against women. You might ask, if

 

mediation has been proven to work well, then why is it prohibited in RA 9262 cases? The Supreme Court, quoting the Commentary on Section 311 of the Model Code on Domestic and Family Violence, gives us the reason why:  

Mediation is a process by which parties in equivalent bargaining positions volunt voluntarily arily reach consensual agreement about about the issue at hand. Violence, however, is not a subject for compromise. A process which involves parties mediating the issue of violence implies that the victim is somehow at fault. In addition, mediation mediation of issues in a proceeding for an order of protection is problematic because the petitioner is frequently unable to participate equally with the person against whom the protection order has been sought. Alison E. Gerencser, in an article entitled  entitled “Family Mediation: Screening for Domestic Abuse” (Florida State University Law Review), argues forcefully that domestic violence cases should be exempted from mediation proceedings. While written in the context of American society and a bit dated since it was written in 1995, it is a very informative article. Among other things, Gerencser cites studies that show women have only suffered more abuse after mediation sessions than after trials.   Anyway, here are the specific provisions that prohibit mediation or conciliation of domestic violence cases: 

RA 9262 Sec. 33. Prohibited Acts. – 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 he applicant for a protection order to compromise or abandon any of the reliefs sought in the application for protection under this Act. Section 7 of the Family Courts Act of 1997 and Sections 410, 411, 412 and 413 of the Local Government Code of 1991 shall not apply in proceedings where relief is sought under this Act.

Failure to comply with this Section shall render the official or judge administratively administratively liable. Implementing Rules and Regulations Section 27. Prohibited Acts – 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 influence the applicant to compromise or abandon any of the reliefs sought in the application for protection order under the Act. Section 7 of the Family Courts Act of 1997 and Sections 410, 411, 412 and 413 of the Local Government Code of 1991 shall not apply in proceedings where relief is sought under the Act.

Failure to comply with this Section shall render the official or judge administratively administratively liable. Law enforcers and other government personnel shall not mediate or conciliate or influence the victim-survivor or applicant for a protection order to compromise or abandon the relief sought.

 

Section 47, paragraph (o):  Shall not attempt to influence the victim-survivor to abandon her claims. All forms of amicable settlement under the Katarungang Pambaran Pambarangay gay such as mediation, settlement, settlement, conciliation, arbitration shall not apply to cases of VAWC in the Act xxx

Supreme Court Rule Sec. 23. Preliminary conference.— conference.—  (a) When conducted.— conducted.—A preliminary conference, which is mandatory, shall be held on the date indicated in the notice. (b) Notice.— Notice.—The notice shall be served the parties, including the offended party, who shall be required to notify their respective counsels, if any. The parties shall appear in person at the preliminary conference and submit their position papers setting forth the law and the facts relied upon by them. (c) Nature and purpose.— purpose.—The court shall consider: (1) The propriety of issuing a protection order. The court shall not deny the issuance of a protection order due to the lapse of time between the act of violence and the filing of the petition, subject to Section 24, R.A. No. 9262. The issuance of a barangay protection order or the pendency of an application for a barangay protection order shall not preclude a petitioner from applying for, or the court from granting, a protection order; (2) The simplification simplification of the issues; and (3) Such other matters as may aid in the prompt disposition of the petition. The court shall not refer the case or any issue thereof to a mediator. Perhaps, as judges, lawyers, social workers, police officers and religious ministers gain more knowledge and experience in handling domestic violence cases, at some stage of the proceedings, some form of mediation or conciliation could possibly be availed of to end the violence, mend the marriage and bring unity back to the family. Let’s all MEDITATE on that.