Anti-VAWC Law

8/11/2019 Anti-VAWC Law

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I GOT FLOWERS TODAYI GOT FLOWERS TODAY

IT WASNT MY BIRTHDAY OR ANY OTHER DAY.

WE HAD OUR FIRST ARGUMENT LAST NIGHT AND HE SAID A LOT OF CRUEL THINGS THATREALLY HURT ME

I KNOW HE IS SORRY AND DIDNT MEAN THE

THINGS HE SAIDBECAUSE HE SENT ME FLOWERS TODAY.


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I GOT FLOWERS TODAYIT WASNT OUR ANNIVERSARY OR ANY OTHER

SPECIAL DAYLAST NIGHT HE THREW ME INTO THE WALL

AND STARTED TO CHOKE ME

IT SEEMED LIKE A NIGHTMARE I COULDNTBELIEVE IT WAS REAL

I WOKE UP THIS MORNING SORE ANDBRUISED ALL OVER

I KNOW HE MUST BE SORRYBECAUSE HESENT ME FLOWERS TODAY.


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I GOT FLOWERS TODAY

AND IT WASNT MOTHERS DAY OR ANY

SPECIAL DAYLAST NIGHT HE BEAT ME UP AGAIN. AND IT

WAS MUCH WORSE THAN ALL THE OTHER

TIMESIF I LEAVE HIM WHAT WILL I DO? HOW WILLI TAKE CARE OF MY KIDS? WHAT ABOUT

MONEY?

IM AFRAID OF HIM AND SCARED TO LEAVE. BUT I KNOW HE MUST BE SORRYBECAUSEHE SENT ME FLOWERS TODAY.


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I GOT FLOWERS TODAY. TODAY WAS A VERYSPECIAL DAY. LAST NIGHT, HE FINALLY KILLED

ME.

HE BEAT ME TO DEATH.IF ONLY I HAVE GATHERED ENOUGH COURAGE AND STRENGTH TO LEAVE HIM.

I WOULD NOT HAVE GOTTEN FLOWERS TODAY.


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CYCLE OF VIOLENCE

MYTHS OF VAWC


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MYTH or TRUTH?

A man can dowhatever he wants to

his wife


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No man has the rightto beat his wife.

Nothing a woman does gives a man the right to h

Even if he thinks she deserves it

even if she herselfthinks she deserves it.


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He wouldnt beather if he didnt love

her so much


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Love means showing respect and kind

Beating is not a sign of love.


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Only, ignorant

men beat theirwives


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Violence is not just a problem of poverignorance.

Violence can happen in any Home: rich or peducated or less educated, in the city or in th

areas.


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Its just because

he drinks


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Alcohol does not cause violence, bu

often makes it worse.

Violence is also common in places whe people do not drink alcohol


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Its their business.

Its not right tointerfere with privateaffairs of couple


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Violence is a social and community hea problem.

Violence is not just a family matter. Many woare hurt or killed.


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Its best for the childrenif she stays with him. Hecan still be a good father

to them.


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It is not always better for the family when a wstays with a violent man. He is teaching th

children terrible, wrong ways to deal with t feelings, and about how women should be tr


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He is not being good to his childrehe is beating their mother or the


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REPUBLIC ACT 9262 ANTI -VIOLENCE AGAINST WOMEN

AND THEIR CHILDREN ACT OF 2004 (Anti-VAWC)


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Violence against women and their children- refers to any act or a series of acts committed

by any person against a woman or against her

child whether legitimate or illegitimate, withinor without the family abode, which result in oris likely to result in physical, sexual,psychological harm or suffering, or economicabuse.


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Child - person below 18 years of age or olderbut who is unable to fully take care of

himself/herself from abuse, neglect, cruelty,exploitation or discrimination because of aphysical or mental disability or condition.


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OFFENDED PARTIES: ABUSED WOMEN ANDCHILDREN OF ABUSED WOMEN

TO BE CONSIDERED WOMANS CHILD , THELATTER MUST BE THE BIOLOGICALCHILD OF THE WOMAN OR UNDER HERCARE(SEC 3H)


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SEXUAL VIOLENCE - refers to an act which is

sexual in nature like rape, sexual harassment,acts of lasciviousness, treating a woman orher child as a sex object, making demeaningand sexually suggestive remarks, forcing thewife and mistress/lover to live in the conjugalhome or sleep together in the same room withthe abuser, forcing the woman or her child towatch indecent shows or do indecent acts, orprostituting the woman or child.


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PSYCHOLOGICAL VIOLENCE - refers to actsor omissions causing or is likely to cause

mental or emotional suffering of the victimlike intimidation, harassment, stalking, peeringin the window or lingering outside theresidence of the woman or her child, entering

or remaining in the dwelling or on theproperty of the woman or her child against hisor her will, destroying the property, publicridicule or humiliation, repeated verbal abuseand marital infidelity, or unlawful or unwanteddeprivation of the right to custody and/orvisitation of common children.


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ECONOMIC ABUSE - refers to acts that make

or attempt to make a woman financiallydependent like withdrawal of financial supportor preventing the victim from engaging in anylegitimate profession, occupation or business,deprivation or threat of deprivation of financialresources and the right to the use andenjoyment of their property, controlling thevictims own money or properties or solelycontrolling the conjugal money or properties.


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ELEMENTS, general

Relationship, past or presentMarried or not; living in or not

Sexual or dating relationshipIncluding lesbian relationshipsWith common child

Falling under Sec. 5 (punishable acts)


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Remedies of the offended party

1. File a Petition for a Protection Order2. File a Criminal Action for Violation of

Anti-VAWC3. File a Criminal Action with reservation

of a separate civil action; or4. File a Civil Action for Damages


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PROTECTION ORDER - an order issued forthe purpose of preventing or safeguardingfurther acts of violence against a woman or

her child, minimizing any disruption in thevictims daily life, and facilitating theopportunity and ability of the victim toindependently regain control over her life.


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KINDS OF PROTECTION ORDER

1. BARANGAY PROTECTION ORDER (BPO) - issued by thePunong Barangay, or in his absence the Barangay Kagawad,ordering the perpetrator to desist from causing orthreatening to cause physical harm or bodily injury againstthe offended party. This is effective for 15 days.

2. TEMPORARY PROTECTION ORDER (TPO) - issued bythe court on the date of filing of the application or in thecourse of the hearing and effective for 30 days.

3. PERMANENT PROTECTION ORDER (PPO) - issued bythe court after notice and hearing and effective untilrevoked by the court upon application of the person inwhose favor the order was issued.


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BPO

Complaint for violation to be filed beforelower court exercising territorial

jurisdiction of the issuing barangayPunishable by imprisonment of 30 daysWithout prejudice of filing criminal or civilaction


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TPO

Issued by the Court on the day of filingEx parte ; Priority over all other cases

Effective for 30 days; extendibleStay away order, temporary custody andsupport to woman and/or her children,use of community/conjugal propertyBond to Keep the PeaceEnforceable anywhere in the country

No mediation; no conciliation


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PPO

issued after notice and hearingcustody, support to the woman and/or herchildrenrespondent to leave the residencepermanentlywith Bond to Keep the PeaceEnforceable anywhere in the Philippines


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Violations of TPO and PPO constitutecontempt of court without prejudice offiling criminal or civil actions (Sec 21(3))Fine of P5T-P50T and/or 6 monthsimprisonment


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RELIEFS GRANTED UNDER THE PROTECTIONORDER

1. Prohibition from committing or threatening to commit acts ofviolence;

2. Prohibition from harassing, annoying, telephoning, contacting

or communicating with petitioner;

3. Removal or exclusion of respondent from residence ofpetitioner, regardless of ownership of the residence, eithertemporarily or permanently;

4. Directing respondent to stay away from the residence,school, place of employment of petitioner or designatedfamily or household member;


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5. Directing lawful possession and use by petitioner ofan automobile and other essential personal effects,regardless of ownership;

6. Granting a temporary or permanent custody of achild/children to petitioner;

7. Directing respondent to provide support to thewoman and/or her child if entitled to legal support;

8. Prohibition to use, possess any firearm or deadlyweapon and to surrender the same to the courtincluding revocation of license and disqualificationto apply for license;


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9. Actual damages;

10. Directing DSWD or any appropriate

agency to provide temporary shelter;therapy, counseling, and

11. other reliefs

WHO MAY FILE PETITION FOR


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WHO MAY FILE PETITION FORPROTECTION ORDER

1. offended party2. parents or guardian

3. ascendants, descendants and other relatives4. Social Worker5. Police Officer

6. Punong Barangay or kagawad7. Lawyer, counselor or therapist8. Two (2) concerned and responsible citizens


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WHERE TO APPLY FOR A PROTECTIONORDER

BPO- in the Barangay where the parties reside orwhere the respondent resides.

TPO and PPO - in the Family Court where thepetitioner resides. If none, in the RTC, MeTC,MTCC, MTC or MCTC where the petitionerresides.


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PENALTIESa.Causing physical harm to the woman or her child

1. if constituting attempted, frustrated orconsummated parricide or murder orhomicide or mutilation punished in accordance

with the provisions of the Revised Penal Code;2. if constituting serious physical injuries penalty

of prision mayor; 3. if constituting less serious physical injuries

punished by prision correccional; and4. if constituting slight physical injuries punished

by arresto mayor.


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b. Threatening to cause the woman or her childphysical harm imprisonment of two (2)degrees lower than the prescribed penalty forthe consummated crime but shall in no case belower than arresto mayor.

c. Attempting to cause the woman or her childphysical harm punished by arresto mayor.

d. Placing the woman or her child in fear ofimminent physical harm punished by arrestomayor.


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e. Attempting to compel or compelling thewoman or her child to engage in conduct

which the woman or her child has theright to desist from or to desist fromconduct which the woman or her child hasthe right to engage in, or attempting torestrict or restricting the womans or herchilds freedom of movement or conductby force or threat of force, physical orother harm or threat of physical or otherharm, or intimidation directed against thewoman or her child punished by prisioncorreccional.


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f. Inflicting or threatening to inflict physical harmon oneself for the purpose of controlling heractions or decisions punished by arrestomayor.

g. Causing or attempting to cause the woman orher child to engage in any sexual activity whichdoes not constitute rape, by force or threat offorce, physical harm, or through intimidation

directed against the woman or her child orher/his immediate family punished by prisionmayor.


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h. Engaging in purposeful, knowing, orreckless conduct, personally or through

another, that alarms or causessubstantial emotional or psychologicaldistress to the woman or her child punished by prision mayor.

i. Causing mental or emotional anguish,public ridicule or humiliation to thewoman or her child punished by

prision mayor.


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BATTERED WOMAN SYNDROME(BWS) - refers to a scientifically definedpattern of psychological and behavioralsymptoms found in women living inbattering relationships as a result ofcumulative abuse. This is a noveldefense where victim-survivors do notincur criminal and civil liability.

People of the Phil. Vs.Marivic GenosaGR No. 135981, January 15, 2004


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Rights of victimsRight to be treated with respect & dignity;Legal assistance; support services fromDSWD, local governments

Privacy and confidentiality of records Additional 10 day paid leave from workaside from present paid leave benefits

(sec 35)Confidentiality of records with penalty 1 yrimprisonment and fine not more than

P500T(sec 44)


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Taking of mind altering substance not adefense (sec 27)Ordering, directing, forcing or an anyother way of unduly influencing theapplicant for protection order tocompromise or abandon any of the reliefssought in the application for protection isprohibited- administrative liability (sec 33)


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Exemption from Liability

NO CRIMINAL, CIVIL, ADMINISTRATIVELIABILITY :

Any person, private individual, police

authority, barangay official acting inaccordance with law, who responds or intervenes without using

violence or restraint greater thannecessary to ensure safety of the victim

PROCEDURE IN FILING


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PROCEDURE IN FILINGCRIMINAL CASE

Complainantfiles complaint

Police or other lawenforcement agency

Office ofthe Prosecutor

Documents which may beSubmitted include:

affidavit of complainant,affidavits of witnesses,

Medical Certificate,

Marriage Certificate,Police Report , etc.

PROCEDURE IN FILING


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Conducts case(build-up

investigation)

Police orother law

enforcementagency

Files Complaintwith Prosecutor

Office

Of theProsecutor

PROCEDURE IN FILING


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PreliminaryInvestigation

OfficeOf the

Prosecutor

Is there

probablecause?

DismissesComplaint

FilesInformationwith proper

courtNO YES


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cases

GR No. 168852 Tan v Tan (2008)GR No. 179267 Garcia v Drilon (2013)


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- THE END -

Anti-VAWC Law

Documents

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