EGMGPLVAW Power Point (Rowena Guanzon)

8/4/2019 EGMGPLVAW Power Point (Rowena Guanzon)

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The Laws on Violence Against

Women in the PhilippinesBy: Rowena V. GuanzonGender Justice NetworkMember, Asia Cause Lawyers Network



Reforms in laws due to democraticspace

1986 People Power Revolution toppledthe 14 year Martial Law dictatorship

1987 Constitution 1988 Elections of House of

Representatives, Senators and localgovernment officials



Before 1995:

Gender based violence was notrecognized in Philippine laws.

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

homicide, murder



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 of the conjugal partnership





1987 Constitution

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



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 andTheir Children Act of 2004



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 of Barangay (village)Protection Order



Types of Violence covered

PHYSICAL PSYCHOLOGICAL, EMOTIONAL

SEXUAL ECONOMIC



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



Def: VAWC

Which result or is likely to result inphysical, sexual, psychological harm orsuffering or economic abuse includingthreats of such acts,

Battery, assault, coercion, harassmentor arbitrary deprivation of liberty



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)



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 conduct whichthey have a right to desist from, or to



Sec. 5 Acts

depriving or threatening to deprive thewoman or her child of custody oraccess to her family

depriving them of financialsupport;insufficient financial support



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



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 *



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 the property





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 victim’s dailylife

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



Kinds of Protection Orders

Barangay Protecton Order – 15 days;not extendible

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

Permanent Protection Order



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



Protection Orders

Stay away from petitioner, anydesignated family or household member

Temporary or permanent custody of child

Support – automatic remittance of salary or income by employer

Dept of Social Welfare & Dev to provideshelter and social services



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 Barangay or kagawad

Lawyer, counselor, therapist, healthcareprovider

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



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



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



Battered Woman Syndrome(BWS)

justifying circumstance

Perpetrator of crime against a woman

with BWS shall not have custody of children



Exemption from liability NO CRIMINAL, CIVIL,

ADMINISTRATIVE LIABILITY :

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 thevictim



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



Effectiveness of the law:

The law is a product of cooperation of women’s rights organizations andlegislators, hence the comprehensive

remedies Protection Orders are being increasingly

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

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



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



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



Problems, gaps, lessons:

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

the woman

Corruption in the judiciary,prosecution service

Low level of gender sensitivity amongprosecutors



Problems, lessons

Ignorance of the law by police officerswho are not in the women’s andchildren’s 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



Rowena V. Guanzon, LLB, MPA

Founding Member, Gender Justice NetworkFounding Member, Asia Cause Lawyers Network

Email: [email protected]

Weblog: www.bingguanzon.comFax (+632) 9290840Mobile: +63 9189018504

mailto:[email protected]

http://www.bingguanzon.com/

http://www.bingguanzon.com/

mailto:[email protected]

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EGMGPLVAW Power Point (Rowena Guanzon)