laws on vawc

8/2/2019 Laws on Vawc

1/33

The Laws on Violence AgainstWomen in the Philippines

ERNA A. SAMPIANO, RSW

DSWD FO XI


2/33

Reforms in laws due to democraticspace

1986 People Power Revolutiontoppled the 14 year Martial Lawdictatorship

1987 Constitution

1988 Elections of House ofRepresentatives, Senators and localgovernment officials


3/33

Before 1995:

Gender based violence was notrecognized in Philippine laws.

Revised Penal Code covered offensescommitted against women, e.g.,physical injuries, rape, acts oflasciviousness, seduction, parricide,

homicide, murder


4/33

Civil Law

Had discriminatory provisions onwomen, treated as subordinate tohusbands

Could not accept gifts from men otherthan their husbands without theirconsent

Husband had sole administration ofthe conjugal partnership


5/33

1987 CONSTITUTION:State Policies

Sec. 2 adopts the generally acceptedprinciples of international law as partof the law of the land (CEDAW, CRC,other Conventions)

Full respect for human rights

Sec. 14. fundamental equality before

the law of women and men


6/33

1987 Constitution

Sec. 14 The State shall protectworking women by providing safe andhealthful working conditions xxx


7/33

LAWS ON VAW since 1995

Anti-Sexual Harassment Act of 1995

Anti-Rape Act of 1997

Rape Victims Assistance Act (1998)

An Act penalizing matching of Filipinomail order brides (1998)

Anti-Trafficking in Persons Act of

2003 Anti-Violence Against Women and

Their Children Act of 2004


8/33

RA 9262: Anti VAWC Act

Effective March 27, 2004

A special law protecting women and

their children from all forms of abuse Criminal statute

Civil action Temporary & PermanentProtection Order

With remedy ofBarangay(village)Protection Order


9/33

Types of Violence covered

PHYSICAL PSYCHOLOGICAL, EMOTIONAL

SEXUAL ECONOMIC


10/33

Def.: Violence Against Women& their children (VAWC)

any act or series of acts committed byany PERSON

against a WOMAN who is his wife,former wife, or with whom the personhas or had a sexual or datingrelationships, or

with whom he has a common child, or

against her child/child under her care


11/33

Def: VAWC

Which result or is likely to result inphysical, sexual, psychological harmor suffering or economic abuseincluding threats of such acts,

Battery, assault, coercion,harassment or arbitrary deprivation

of liberty


12/33

Elements

Relationship, past or present

Married or not; living in or not

Sexual or dating relationship Including lesbian relationships

With common child

Falling under Sec. 5 (punishable acts)


13/33

Sec. 5 Acts of VAWC

Causing, threatening, attempting tocause physical harm

Placing the woman or her child in fearof imminent physical harm

Attempting or compelling the woman

or her child to engage in conductwhich they have a right to desist from,or to


14/33

Sec. 5 Acts

depriving or threatening to deprivethe woman or her child of custody oraccess to her family

depriving them of financialsupport;insufficient financial support


15/33

Sec. 5 Acts

Depriving or threatening to deprive thewoman or her child of a legal right

Preventing the woman from engaging inany legitimate profession, occupation,business or activity, or controlling her

own money or properties or solelycontrolling conjugal or common assets


16/33

Sec. 5 Acts

Causing or attempting to cause thewoman or her child to engage in any

sexual activity..., by force or threat,physical harm, intimidation directedagainst the woman, her child, orimmediate family *


17/33

Sec. 5

Engaging in knowing or recklessconduct, personally or through another,that alarms or causes substantial

emotional or psychological distressincluding:

(1) stalking

(2)entering or remaining in theproperty


18/33

Sec. 5 Acts

Causing mental or emotional anguish, publicridicule, humiliation including repeated verbaland emotional abuse*

denial of financial support or custody of minorchildren or denial of access to the womanschild *

* PRESCRIPTION PERIOD: 10 years. Allothers, 20 years


19/33

Purpose of Protection Orders

to prevent further acts of violenceagainst a woman or her child.

to safeguard the victim from furtherharm

to minimize disruption in victims dailylife

give her the opportunity and ability toregain control over her life.


20/33

Kinds of Protection Orders

BarangayProtecton Order 15 days;not extendible

Temporary Protection Order 30days + (shall be renewed by court)

Permanent Protection Order


21/33

Protection Orders

Prohibition from threatening orcommitting, any of punishable acts

Removal and exclusion from theresidence regardless of ownership,temporarily or permanently where noproperty rights are violated


22/33

Protection Orders

Stay away from petitioner, anydesignated family or household member

Temporary or permanent custody ofchild

Support automatic remittance ofsalary or income by employer

Dept of Social Welfare & Dev to provideshelter and social services


23/33

Who may file for ProtectionOrders (P.O.)

Offended party

Parents or guardians

Ascendants, descendants, collateral relatives

within 4th

degree of consanguinity or affinity Social workers of DSWD or LGUs

Police officers

Punong Barangayor kagawad

Lawyer, counselor, therapist, healthcareprovider

At least 2 citizens of the city or municipalitywho have personal knowledge of the offense


24/33

Temporary Protection Order

Issued by the Court on the day of filing

Ex parte ; Priority over all other cases

Effective for 30 days; extendible

Stay away order, temporary custody andsupport to woman and/or her children, useof community/conjugal property

Bond to Keep the Peace

Enforceable anywhere in the country

No mediation; no conciliation


25/33

Permanent Protection Order

issued after notice and hearing

custody, support to the woman

and/or her children respondent to leave the residence

permanently

with Bond to Keep the Peace


26/33

Battered Woman Syndrome(BWS)

justifying circumstance

Perpetrator of crime against a woman

with BWS shall not have custody ofchildren


27/33

Exemption from liability

NO CRIMINAL, CIVIL,ADMINISTRATIVE LIABILITY :

Any person, private individual, police

authority, barangayofficial acting inaccordance with law, who

responds or intervenes without usingviolence or restraint greater thannecessary to ensure safety of thevictim


28/33

Rights of victims

Right to be treated with respect &dignity;

Legal assistance; support servicesfrom DSWD, local governments

Privacy and confidentiality of records

Additional 10 day paid leave fromwork aside from present paid leavebenefits


29/33

Effectiveness of the law:

The law is a product of cooperation ofwomens rights organizations andlegislators, hence the comprehensive

remedies Protection Orders are being increasingly

used by women to protect themselves, getsupport, get back their minor children

Barangayprotection order is available topoor rural women who have no easy accessto the courts


30/33

Effectiveness of the law

Supreme Court issued a Rule onVAWC, governs the trial of the case

Government officials, including judges

are prohibited from mediating e.g. toinfluence the woman to give up herreliefs

Local government units are taskedwith education campaign to eliminateVAW


31/33

Effectiveness of the Law

Mechanism for governmentimplementers and support services

Inter-Agency on VAW is provided inthe law; government implementershave Implementing Rules andRegulations enumerating their duties

Problem: lack of funds for training


32/33

Problems, gaps, lessons:

The law does not provide forappropriations, funding for training ofimplementers and support services

for the woman

Corruption in the judiciary,prosecution service

Low level of gender sensitivity amongprosecutors


33/33

Problems, lessons

Ignorance of the law by police officerswho are not in the womens andchildrens desks

Lack of quality gender sensitivityseminars for judges who are notfamily court judges, and prosecutors

Misuse of the laws and rules bylawyers, e.g. retaliation suits againstwomen who have protection orders

laws on vawc

Documents