Laws Affecting Laws Affecting Women Women

and Children and Children

Laws Affecting Laws Affecting Women Women

and Children and Children PSUPT KIRBY JOHN B KRAFT, PESEPSUPT KIRBY JOHN B KRAFT, PESE

Chief Of Police, San Pedro LagunaChief Of Police, San Pedro Laguna

• Republic Act 8551, otherwise known as the PNP Reform and Reorganization Act of 1998, in its Title VII, sets the framework of the PNP in providing services to VAWC clients.

• Section 57. Creation and Functions. The PNP shall establish women’s desk in all police stations throughout the country to administer and attend to cases involving crimes against chastity, sexual harassment, abuses committed against women and children and other similar offenders:

• Provided, that municipalities and cities presently without policewomen will have two (2) years upon the affectivity of this Act within which to comply with the requirement of this provision.

• Section 58. Prioritization of Women for Recruitment . – Within the next five (5) years, the PNP shall prioritize the recruitment and training of women who shall serve in the women’s desk. Pursuant to this requirement, the PNP shall reserve ten percent (10%) of its annual recruitment , training, and education quota for women.

• Section 59. Gender Sensitivity Program. The (National Police Commission shall formulate a gender sensitivity program within ninety (90) days from the affectivity of this Act to include but not limited to the establishment of equal opportunities for women in the PNP, the prevention of sexual harassment in the workplace, and the prohibition of discrimination on the basis of gender or sexual orientation.

Anti-Child Abuse Anti-Child Abuse LawLaw

(Republic Act (Republic Act No.7610)No.7610)

Republic Act No. 7610

Who is a Who is a “child”?“child”?

CHILD refers to

•a person below 18 years old or

• person over 18 years old but is unable to fully take care of or protect himself or herself because of a physical or mental disability or condition.

Republic Act No. 7610

The Law provides for special protection to children from all forms of :

• abuse • neglect • cruelty • exploitation • discrimination• other conditions prejudicial to their development

Republic Act No. 7610

Three Categories of Child Abuse are Penalized:

Child Child Prostitution Prostitution and other and other Sexual Sexual AbuseAbuse

Child Child TraffickingTrafficking

Child Child PornographyPornography

Republic Act No. 7610

The child engaged in The child engaged in prostitution are prostitution are considered considered VICTIMSVICTIMS Those punished Those punished

are the ones whoare the ones who

abused the child in abused the child in prostituprostitutiontion or or derived profit froderived profit fromm itit

Child Prostitution

Republic Act No. 7610

Child Trafficking

The act of buying and selling of a child for money, or for any other consideration

Buying/Selling a child

++Money/

Consideration

==

CHILD

TTRRAAFFFFIICCKKIINNGG

Republic Act No. 7610

Child Pornography (Obscene Publications and Indecent Shows)

Punishes any person who shall use, persuade, or force a child to :

pose or model pose or model in in pornographic pornographic materials materials

perform indecent perform indecent shows/exhibitions shows/exhibitions in live or videoin live or video

Anti-Trafficking in Anti-Trafficking in Persons Act of 2003Persons Act of 2003

(Republic Act No.9208)(Republic Act No.9208)

The Anti-Trafficking in Persons Act (R.A. 9208)

ACTSRecruitment, Transportation,Transfer, Harboring, ReceiptMEANS

Threat, Force, Fraud, Deception, Abuse of power or position, Taking advantage of the vulnerability of the person, Giving or receiving of payments to achieve consent of person in control

PURPO

SE

Exploitation: Prostitution Sexual Exploitation Forced Labor Slavery Debt Bondage Involuntary Servitude Removal or Sale of Organs

What is trafficking in persons?

The Anti-Trafficking in Persons Act (R.A. 9208)

Punishable Acts Punishable Acts

• Acts of Trafficking• Acts that Promote

Trafficking• Qualified Trafficking• Violation of confidentiality• Use of Trafficked Person

The Anti-Trafficking in Persons Act (R.A. 9208)

Trafficking of a Trafficking of a childchild is is ““qualified qualified traffickingtrafficking””

ActActss

++ MeaMeansns

++ PurposPurposee

== Trafficking in Trafficking in PersonsPersons

The Anti-Trafficking in Persons Act (R.A. 9208)

Trafficking of a Trafficking of a childchild is is ““qualified qualified traffickingtrafficking””

ActActss

++ MeaMeansns

++ PurposPurposee

XXChild Child TraffickingTrafficking

==

ACT/S

RecruitmentTransportationTransferHarboringReceipt of person;

• with or without the victim’s consent or knowledge;

• within or across national borders

MEANS• Threat or use of force, or other forms of

coercion• Abduction • Fraud • Deception• Abuse of power or of position• Taking advantage of the vulnerability of a

person• The giving or receiving of payments or benefits

to achieve the consent of a person having control over another person.

EXPLOITATIVE PURPOSE• Prostitution or other forms of sexual

exploitation• Pornography• Forced labor or services• Slavery• Involuntary Servitude or debt bondage • Removal or sale of organs

CHILD TRAFFICKING

The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall also be considered as trafficking in persons even if it does not involve any of the means set forth in the law.

CHILD TRAFFICKING

Child :

(1) Person below 18 years of age;(2) Person who is over 18 but is unable to fully

take care of or protect himself/herself from abuse, exploitation, or discrimination because of a physical or mental disability or condition

Similarities between Trafficking in Persons and Human Smuggling

• There are movements and transportation involved

• Both can be committed across borders• In both cases, there can be consent• In both cases, “facilitators” devise elaborate

means to elude detection• Often undertaken in dangerous and degrading

conditions

Differences between Trafficking in Persons and Human Smuggling

• Trafficking involves fraud, deception, force, coercion, or taking advantage of the vulnerabilities (coercive and non-coercive means)

• In trafficking, there is a clear intent to expose them to exploitative conditions such as prostitution, forced labor, debt bondage, etc.

PUNISHABLE ACTS

Acts of trafficking in persons (Section 4);

Acts that promote trafficking in persons (Section 5);

Qualified Trafficking (Section 6) Use of trafficked persons for

prostitution (Section 11) Violation of confidentiality

(Section 7)

PENALTIESAct Penalty

Qualified Trafficking in Persons (Sec. 6)

Life imprisonment and a fine of P2million to 5million

Acts of Trafficking in Persons (Sec.4)

20 years imprisonment and a fine of P1million to 2million

Acts that Promote Trafficking in Persons

(Sec. 5)

15 years imprisonment and a fine of P500,000 to 1million

Use of trafficked Persons for Prostitution (Sec. 11)

(

Violation of confidentiality

(Sec. 7)

1st offence: 6months community service and a fine of P50,000;subsequent offences:1year imprisonment and a fine of P100,000

6 years imprisonment and fine P500,000 to 1 million

ACTS OF TRAFFICKING IN PERSONS(Section 4)

• To recruit, transport, transfer, harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage exploitation

ACTS OF TRAFFICKING IN PERSONS• Introduce or match for money, profit,

or material, economic or other consideration, any person or, as provided for under RA 6955, any Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage

ACTS OF TRAFFICKING IN PERSONS

• To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage

ACTS OF TRAFFICKING IN PERSONS

• Undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and

offering persons for prostitution, pornography or

sexual exploitation

ACTS OF TRAFFICKING IN PERSONS

• Maintain or hire a person to engage in prostitution or pornography

• Adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage

ACTS OF TRAFFICKING IN PERSONS

• Recruit, hire, adopt, transport or abduct a person by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person

• Recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad

ACTS THAT PROMOTE TRAFFICKING INPERSONS(Section 5)

● Knowingly lease or sub-lease, use or allow to be used any house, building or establishment for the purpose of promoting trafficking in persons

ACTS THAT PROMOTE TRAFFICKING IN PERSONS

● Produce, print and issue or distribute un-issued, tampered or fake counseling certificates, registration stickers and certificates of any government agency which issues these certificates and stickers as proof of compliance with government regulatory and pre-departure requirements for the purpose of promoting trafficking in persons

ACTS THAT PROMOTE TRAFFICKING IN PERSONS

● Advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any means, including the use of information technology and the internet of any brochure, flyer or any propaganda materials that promote trafficking in persons

ACTS THAT PROMOTE TRAFFICKING IN PERSONS

● Assist in the conduct of misrepresentation or fraud for the purposes of facilitating the acquisition of clearances and necessary exit documents from government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting trafficking in persons

ACTS THAT PROMOTE TRAFFICKING IN PERSONS

● To facilitate, assist entry or exit of persons at the airports, seaports and territorial boundaries

● Confiscate, conceal, destroy passport, travel documents of trafficked persons

● To knowingly benefit from, financial or otherwise the labor or services of a trafficked person

QUALIFIED TRAFFICKING

(Section 6)

• When the trafficked person is a child

• Adoption is effected through RA 8043 for the purpose of trafficking

• When crime is committed by a syndicate or in large scale.

QUALIFIED TRAFFICKING

• When the offender is an ascendant, parent, sibling, guardian, or a person who exercises authority over a trafficked person or when offense is committed by a public officer or employee

QUALIFIED TRAFFICKING

• When the trafficked person is recruited to engage in prostitution with any member of the military

• When the offender is a member of the military or law enforcement agencies

• When the trafficked person dies, becomes insane, suffers mutilation or is afflicted with HIV-AIDS.

CONFIDENTIALITY RULE(Section 7)

• The name and personal circumstances of the trafficked persons or of the accused, or any other information tending to establish their identities and such circumstances or information shall not be disclosed to the public

• In cases when prosecution or trial is conducted behind closed doors, it shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials, announcer or producer in case of television and radio, producer or director of a film in case of movie industry, or any person utilizing tri-media facilities or information technology to cause publicity of any case of trafficking in persons

USE OF TRAFFICKED PERSONS

RA 9208 punishes any person who buys or engages services of a trafficked person for prostitution

CASE FILING: WHO?

1. The trafficked person;2. The trafficked person`s:

• Parents• Spouse• Siblings• Children, or• Legal guardian;

3. Anyone who has personal knowledge of the commission of an offense under RA 9208

CASE FILING: WHERE?

The case can be filed where:– The offense was committed;

– Any of its elements occurred; or

– The trafficked person actually resides at the time of the commission of the offense.

CASE FILING: AGAINST WHO?

● Any person, natural or juridical, who commits any offence under RA 9208 may be punished for trafficking acts.

● If the offender is a corporation, partnership, association, club, establishment or any juridical person, the penalty shall be imposed upon the owner, president, partner, manager, and/or any responsible officer who participated in the commission of the crime, or who shall have knowingly permitted or failed to prevent its commission.

CASE FILING: WHEN?

● Cases for trafficking acts can be filed up to 10 years after they are committed.

● If trafficking is committed by a syndicate or on a large scale, cases can be filed up to 20 years after the act.

● The “prescriptive period” is counted from the day the trafficked person is delivered or released from the condition of bondage.

Anti-Child Labor Law(R.A. 9231)

Child Labor Law (Republic Act No. 9231)

• slavery • prostitution and pornography • use of children for illegal activities• work that is hazardous and harmful to the health, safety and morals of children

Defines worst forms of labor:

Child Labor Law (Republic Act No. 9231)

Under the law, children below fifteen (15) years of age shall not be employed, except in the following cases:

• when the child works directly under parents/legal guardian and only members of the family are employed

•when the child is employed in public entertainment or information through cinema, theater, radio, television or other forms of media is essential.

Prescribes Employable Age

Child Labor Law (Republic Act No. 9231)

Children below 15 years of age may work for not more that 20 hours a week, at most 4 hours a day.

The law limits children 15 – 17 years old to work not more than 8 hours a day or 40 hours a week.

Night work from 8pm to 6am is prohibited.

Regulates Working Hours for Children

Child Labor Law (Republic Act No. 9231)

The child’s earnings shall be set aside primarily for his/her support, education or skill acquisition.

Not more than 20% of the child’s income may be allotted for the collective needs of the family.

Regulates Disposition of Children’s Wages

CHILD LABOR vs. CHILD WORK

Child WorkChild Work Child LaborChild Labor

Work is appropriate to child’s age and mental capabilities

Work burdens the child; too heavy for child’s age and

capabilities

Limited hours of work, does not hinder the child from going to

school, playing or resting

Very long hours of work, child has limited or no time for

school, play or rest

Child’s physical, emotional and mental well-being are

nourished even in the work environment

Child is subjected to psychological, verbal, or physical/sexual abuse

Legal Illegal

Services/Assistance, Penalties

SERVICES/ASSISTANCE

Access to Education and Training for Working Children

Access to Immediate Legal, Medical and Psycho-Social Services

Presevation of the Working Child’s Income

Trust Fund

EXCEPTIONS:

A. When a child works under the sole responsibility of his parents or guardians

B. When the child’s employment is in public entertainment or information.

Penalties - EMPLOYMENT OF CHILDREN

PENALTY: 6 months to 6 years

imprisonment and a fine of not less

than P50,000 but not more than

P300,000!

Children below fifteen (15) years of age shall NOT be employed.

Hours of Work

1. Child below 15• Not more than 20 hours a week• Not more than 4 hours a day• No work schedule between 8 pm to 6 am the following

day

2. Child 15-18• Not more than 40 hours a week• Not more than 8 hours a day• No work schedule between 10 pm to 6 am the following

day

Penalties - HOURS OF WORK OF A WORKING CHILD

PENALTY: 6 months to 6 years

imprisonment and a fine of not less

than P50,000 but not more than

P300,000!

No child shall be employed as a model in any advertisement directly or indirectly promoting alcoholic beverages, intoxicating drinks, tobacco and its by products, gambling or any form of violence or pornography.

Penalties - PROHIBITION AGAINST CERTAIN ADVERTISEMENTS

PENALTY: 6 months to 6 years

imprisonment and a fine of not less

than P50,000 but not more than

P300,000!

(1) All forms of slavery, as defined under the “ Anti-trafficking in Persons Act” or practices similar to slavery such as sale and trafficking of children, debt bondage and sor use in armed conflict; or

(2) The use, procuring, offering or exposing of a child for prostitution, for the production of pornography or for pornographic performances;

Penalties - WORST FORMS OF CHILD LABOR

Prosecuted and Penalized under the

“Anti-trafficking in Persons Act 2003”

(R.A. 9208)

Penalty Imposed in the Maximum

Period

(3) The use, procuring or offering of a child for illegal or illicit activities, including the production and trafficking of dangerous drugs and volatile substances prohibited under existing laws

Penalties - WORST FORMS OF CHILD LABOR

Prosecuted and Penalized under the

“Dangerous Drugs Act of 2002 (R.A.

9165)

Penalty Imposed in the Maximum

Period

Parents, biological or by legal fiction, and legal guardians found to be violating Sections 12, 12-A, 12-B and 12-C of this Act shall pay a fine of not less than Ten thousand pesos (P10,000.00) but not more than One hundred thousand pesos (P100,000.00), or be required to render community service for not less than thirty (30) days but not more than one (1) year, or both such fine and community service

If a corporation commits any of the cited violations, the board of directors/trustees and officers, including the president, secretary and treasurer of the corp who participated in or knowingly allowed the violation shall be penalized accordingly.

Penalties - WORST FORMS OF CHILD LABOR

Anti-Rape LawAnti-Rape Law

(Republic Act No.8353)(Republic Act No.8353)

Republic Act No. 8353

RAPE

By Sexual Intercourse

By Sexual Assault

- force or intimidation;- force or intimidation;- victim is deprived of - victim is deprived of reason/unconscious;reason/unconscious;- fraudulent machination/grave abuse - fraudulent machination/grave abuse of authority; orof authority; or

- victim is under 12 years of age or - victim is under 12 years of age or dementeddemented

- inserting penis into another person's mouth or - inserting penis into another person's mouth or anus; oranus; or- inserting any instrument or object into - inserting any instrument or object into another person’s genital or anusanother person’s genital or anus

RAPE IS A PUBLIC CRIME!

• REMEMBER! Rape is now considered a public crime. This means that any person who has knowledge of the crime may file a complaint; consequently, even if the victim withdraws her complaint, the government (i.e. the police, prosecutor, fiscal, etc.) may proceed with the case.

RA 8353: The Rape Law of 1997

• Re-classified rape as crime vs. persons• 2 ways of committing rape:

– man has carnal knowledge of woman under the following circumstances:

• Thru force, threat, or intimidation• When offended party is deprived of

reason/unconscious• Thru fraudulent machination/grave abuse of

authority• When offended party is under 12 yrs or demented

RA 8353: The Rape Law of 1997 (cont’d)

– By any person who, under any of circumstances mentioned in paragraph 1, shall commit an act of sexual assault by:• inserting his penis into another

persons mouth or anal orifice or• Inserting any instrument or object

(including a finger) into the genital or anal orifice of another person

THIS IS WHAT THE SUPREME COURT HAS SAID ABOUT

RAPE!!!

• NOTE: The slightest penetration of the outer labia is sufficient. The absence of sperm in the vagina does not mean that no rape occurred

What is “consent”?

• NOTE: There is NO issue of consent for child victims under the age of 12 years old. Children under 12 CANNOT give their consent

WHEN MARRIAGE IS AVAILABLE

• There can be no valid marriage between an offender and any child victim as the Family Code mandates that marriage may only be entered into when the parties to the marriage are at least 18 years old and have the consent of their parents.

• Any marriage entered into before a party reaches the age of 18 is void from the beginning.

• A parent cannot give consent to a child who may want to marry before she turns 18 years old.

REPUBLIC ACT NO. 7877

“Anti-Sexual Harassment Act of 1995”

The “Anti-Sexual Harassment Act of 1995” punishes all forms of sexual harassment in the employment, education or training environment.

Sexual Harassment is committed if:

1. An employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor or any other person who has authority, influence or moral ascendancy over the offended party

Sexual Harassment

2. In a work or training or education environment

3. Demands, requests or requires any sexual favor from the other

4. Regardless of whether the demand, request or requirement for submission is accepted

PENALTY

1 to 6 mos. Imprisonment

and/or

Fine of P10,000 to P20,000.

R.A. 9262Anti-Violence Against

Women and their Children Act

Title : An act defining Violence Against Women and

Their Children providing for protective measures

for victims, prescribing penalties therefor and for

other purposes (2004)Rationale: To uphold the dignity of women and their children

and to guarantee full respect for human rights;

The State recognizes the need to protect the family

and its members particularly women and children

from violence and threats to their personal safety

and security.

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,

– against a woman with whom he has a common child,

VIOLENCE AGAINST WOMAN & THEIR CHILDREN

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.

VIOLENCE AGAINST WOMAN & THEIR CHILDREN

1. Physical violence2. Sexual violence3. Psychological violence4. Economic abuse

It includes, but is not limited to, the following acts:

Acts of Violence Against Women and their Children (Sec.5)

a) Causing physical harm to the woman or child

b) Threatening to cause physical harm to the woman or child

c) Attempting to cause physical harm to the woman or child

d) Placing the woman or child in fear or imminent physical harm

e) Attempting to compel or compelling the woman or her child to engage in conduct that the woman or her childhas the right to desist from OR to desist from conduct whichthey have a right to engage in; or restricting or attempting to

restrict the woman and child’s freedom of movement or conduct by force or threat of force, physical or other harm or threat of such, or intimidation, including but not limited to the following acts with the purpose of controlling/restricting the woman and child’s movement or conduct:

1) threatening to deprive or depriving the woman or

her child or custody/access to her/his family;

2) depriving or threatening to deprive the woman or

her child of financial support or deliberately

providing insufficient financial support

3) Depriving or threatening to deprive a woman or her child of a legal right;

4) Preventing the woman in engaging in legitimateprofession, occupation, business or activity, orcontrolling the victim’s own money or properties, orsolely controlling the conjugal/common money or propertiesf) Inflicting or threatening to inflict physical harm on

oneself forthe purpose of controlling her actions or decisions;

g) Causing or attempting to cause the woman or her child to engagein sexual activity which does not constitute rape

h) Engaging in purposeful, knowing or reckless conduct, personallyor through another, that alarms or causes substantial emotional or psychological distress to the woman or child, including but not limited to:

1) stalking or following the woman or child in public or in private places;

2) peering in the window or lingering outside the residence of the woman or her child;3) entering or remaining in the dwelling of the woman or her child against their will;4) destroying the property and personal belongings of the woman or her child, or inflicting harm to their animals or pets;

5) Any form of harassment or violence;

i) Causing mental or emotional anguish, public ridicule or

humiliation to the woman or child, including but not limited to:

repeated verbal and emotional abuse and denial of financial support or

denial of access to the woman’s child/children

Penalties

Attempted, frustrated or consummated parricide, murder or homicide

Serious physical injuries

Less serious physicalInjuries

Slight physical injuries

Punished in accordance with Revised Penal Code

Prision mayor

Prision coreccional

Arresto mayor

Physical harm under Section 5(a):

Acts under Sec.5 (b)

Acts under Sec. 5 (c) and Sec. 5 (d)

Acts under Sec. 5 (e)

Acts under Sec. 5 (f)

Acts under Sec. 5 (g)

Acts under Sec. 5 (h) (i)

Imprisonment of 2 degrees lower than the consummated crimeArresto mayor

Prision correccional

Arresto mayor

Prision mayor

Prision mayor

Penalties, cont’d

Penalties, cont’d

Fine: PhP 100,000 – PhP 300,000

+

Mandatory Psychological counseling or psychiatric treatment

RTC Family Court has original and exclusive jurisdiction

If no family court in the place where the offensewas committed, it shall be filed in the RTC wherethe crime or any of its elements was committedat the option of the complainant

Venue

Protection Orders

Definition: A protection order is an order issued for the purpose of preventing further acts of violence against a woman or her child. It can also grant other necessary relief.

Kinds :BPO – Barangay Protection OrderTPO – Temporary Protection OrderPPO – Permanent Protection Order

(a) the offended party;(b) parents or guardians of the offended party;(c) ascendants, descendants or collateral relatives within the fourth civildegree of consanguinity or affinity;(d) officers or social workers of the DSWD or social workers of localgovernment units (LGUs);(e) police officers, preferably those in charge of women and children'sdesks;(f) Punong Barangay or Barangay Kagawad;(g) lawyer, counselor, therapist or healthcare provider of the petitioner;(h) At least two (2) concerned responsible citizens of the city ormunicipality where the violence against women and their childrenoccurred and who has personal knowledge of the offense committed.

Who may file Petition for Protection Order

Form

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.

A standard protection order application form, written in English with translation to the major local languages, shall be made available to facilitate applications for protections order

FormIf the applicants is not the victim, the

application must be accompanied by an affidavit of the applicant attesting to

(a)the circumstances of the abuse suffered by the victim and

(b)the circumstances of consent given by the victim for the filling of the application.

When disclosure of the address of the victim will pose danger to her life, it shall 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 court has territorial jurisdiction, and shall provide a mailing address for purpose of service processing.

Form

An application for protection order filed with a court shall be considered an application for both a TPO and PPO.

Barangay officials and court personnel shall assist applicants in the preparation of the application.

Law enforcement agents shall also extend assistance in the application for protection orders in cases brought to their attention.

Reliefs that may be included in the Protection Orders

1) Prohibition of respondent from threatening to commit orcommitting personally or through another;

2) Prohibition of respondent from harassing, annoying,telephoning, contacting or otherwise communicatingwith petitioner directly or indirectly;

3) Removal and exclusion of the respondent from the residenceof the petitioner, regardless of ownership of the residence,temporarily or permanently

4) Directing the respondent to stay away from the petitionerand any designated family or household member at a distancespecified by the court, and to stay away from the residence, school, place of employment or any specified place

5) Directing lawful possession and use by petitioner ofan automobile and other essential personal effects

6) Temporary or permanent custody of a child/childrento the petitioner

7) Support to the woman and or her child if entitled to support

8) Prohibition of respondent from any use or possession of firearm or deadly weapon. Court can order him to surrender the same for appropriate disposition by the court.

9) Restitution for actual damages caused by the violence inflicted

10)Directing DSWD or appropriate agency to provide shelter etc.

11)Other relief necessary

Enforceability of Protection Orders

All TPOs and PPOs issued are enforceable anywhere in thePhilippines.

A violation of the TPOs and PPOs shall be punishable by a Fine of PhP 5,000 – PhP 50,000 and/orImprisonment of 6 months

Effectivity of TPOs:

30 days. Extendable for a period of 30 days each particular time until final judgment is issued.

Duties of Barangay Officials and LawEnforcer

(a) respond immediately to a call for help or request for assistance or protection of the victim by entering the necessary whether or not a protection order has been issued and ensure the safety of the victim/s;

(b) confiscate any deadly weapon in the possession of the perpetrator or within plain view;

(c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital;

(d) assist the victim in removing personal belongs from the house;

(e) assist the barangay officials and other government officers and employees who respond to a call for help;

Duties of Barangay Officials and Law Enforcer

(f) ensure the enforcement of the Protection Orders issued by the Punong Barangy or the courts;

(g) arrest the suspected perpetrator wiithout a warrant when any of the acts of violence defined by this Act is occurring, or when he/she has personal knowledge that any act of abuse has just been committed, and there is imminent danger to the life or limb of the victim as defined in this Act; and

(h) immediately report the call for assessment or assistance of the DSWD, social Welfare Department of LGUs or accredited non-government organizations (NGOs).

Failure to Report

Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or administrative liability.

Confidentiality

All records pertaining to cases of violence against womenand children including those in the barangay shall be confidential.

All public officers and employees and public or private clinicsor hospitals shall respect the right of privacy of the victim.

Any violation of confidentiality clause shall be subject to thecontempt powers of the court.

Prescription of Action

Acts falling under Sections 5(a) to 5(f) shall prescribe in twenty (20) years.

Acts falling under Sections 5(g) to 5(i) shall prescribe in ten (10) years.