NOTES SPL

[ ] S.Y. 2014-2015

TABLE OF CONTENTS

I. Anti-Violence Against Women and Their Children Act of 2004 (R.A. No. 9262)II. Juvenile Justice and Welfare Act of 2006 (R.A. 9344)III.

Submitted By: Guzmana, Jimmarie C. Submitted To: Prosecutor Abdullah D. MacagaanPage 1

[ ] S.Y. 2014-2015

I. Anti-Violence Against Women and Their Children Act of 2004 (R.A. No. 9262)

WHAT IS REPUBLIC ACT NO. 9262?

RA 9262 is the Anti-Violence Against Women and their Children Act of 2004. It seeks to address the prevalence of violence against women and children (VAWC), abuses on women and their children by their intimate partners like: �

- Husband or ex-husband � - Live-in partner or ex-live in partner �- Boyfriend/girlfriend or ex-boyfriend/ex-girlfriend �- Dating partner or ex-dating partner

The Act classifies violence against women and children (VAWC) as a public crime.

WHAT IS VAW-C UNDER THE LAW?

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

“Physical violence” refers to acts that include bodily or physical harm;

“Sexual violence” refers to an act which is sexual in nature, committed against a woman or her child. It includes, but is not limited to:

a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim’s body, forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or 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; b) acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other harm or coercion; c) prostituting the woman or her child.

“Psychological violence” refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and marital infidelity. It includes causing or allowing the victim to


[ ] S.Y. 2014-2015

witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children.

“Economic abuse” refers to acts that make or attempt to make a woman financially dependent. This includes but is not limited to the following:

a) withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;

b) 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;

c) destroying household property;d) controlling the victim’s own money or properties or solely controlling the

conjugal money or properties.

IS VAWC COMMITTED BY MEN ALONE?

Women can also be liable under the law. These are the lesbian partners/ girlfriends or former partners of the victim with whom she has or had a sexual or dating relationship. Anyone who hurts the woman he or she is or was in a sexual or dating relationship with may be held liable under the Anti-VAWC Act.

WHAT IF THE FEMALE VICTIM COMMITS VIOLENCE AGAINST HER PARTNER?

The law acknowledges that women who have retaliated against their partners or who commit violence as a form of self-defense may have suffered from battered women syndrome (BWS). BWS is a “scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse” Any victim who suffers from BWS should be diagnosed by a psychiatric expert or a clinical psychologist. This will also help the victim in obtaining a just decision in her case. The law does not allow the offender to have custody of minor children. Their care is still entrusted to the woman even if she is found to have BWS.

WHAT IF THE MALE SPOUSE/PARTNER COMPLAINS ABOUT ABUSES COMMITTED BY HIS WIFE/PARTNER?

If the courts have proven that the offender is guilty of the crime, he may be imprisoned and will be obliged to pay P100, 000 to P300, 000 in damages. The length of imprisonment depends on the gravity of the crime. The offender is also obliged to undergo psychological counseling or psychiatric treatment. Being drunk or under the influence of prohibited drugs cannot be taken as an excuse for committing VAW.

WHO GETS PROTECTED UNDER THE LAW?


[ ] S.Y. 2014-2015

� The law recognizes the unequal relations of a man and a woman in an abusive relationship where it is usually the woman who is the disadvantaged. Thus, the law protects the woman and her children� The victim, the child who is a minor (legitimate and illegitimate), and a person aged 18 years and beyond who doesn’t have the ability to decide for herself/himself because of an emotional, physical and mental illness can make full use of the law.Any child under the care of a woman is also protected under the law

WHAT CAN WOMEN AND CHILDREN DO UNDER THE LAW?

The law allows women and their children to secure barangay protection order and/or temporary or permanent protection order from the courts.They can also file an independent civil action for damages and criminal action for the violation of anti-VAWC Act.

WHAT IS A PROTECTION ORDER?

It is an order prescribed in the Anti-VAWC Act to prevent further abuse of or violence against a woman and her child. It also provides them relief from said abuse or violence.

WHO MAY FILE THE PROTECTION ORDER?

Anyone of the following may also file the protection order in behalf of the victim/s: � Parent or guardian � Grandparents � Children and grandchildren � Relatives (aunts, uncles, cousins, in-laws) � Local officials and DSWD social workers � Police � Lawyers � Counselors � Therapists � Health care providers (nurses, doctors, barangay health workers) � Any two people who came from the city or municipality where VAWC happened and who have personal knowledge of the crime.

CHILDREN - are those below 18 years of age or older but are incapable of taking care of themselves (as stated in Republic Act 7610). It includes the biological children of the victim and other children under her care

DATING RELATIONSHIP is one which has a romantic involvement. It means that a relationship existed between a woman and a partner who is abusive or has previously abused her, whether or not the relationship was formal.

SEXUAL RELATIONS refer to a single sexual act which may or may not result to a bearing of a child.

BATTERY - an act of inflicting physical harm upon the woman or her child resulting to the physical and psychological or emotional distress.

BATTERED WOMAN SYNDROME - scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of


[ ] S.Y. 2014-2015

cumulative abuse.

STALKING - an intentional act committed by a person who, knowingly and without lawful justification follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a combination thereof.

DATING RELATIONSHIP - a situation wherein 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 adating relationship.

SEXUAL RELATIONS - a single sexual act which may or may not result in the bearing of a common child.

ACTS OF VIOLENCE AGAINST WOMEN AND THEIR CHILDREN (Sec. 5)

The crime of violence against women and their children is committed through any of the following acts:

1. Causing physical harm to the woman or her child;2. Threatening to cause the woman or her child physical harm;3. Attempting to cause the woman or her child physical harm;4. Placing the woman or her child in fear of imminent physical harm;5. 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 child. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman's or her child's movement or conduct:

Threatening to deprive or actually depriving the woman or her child of custody to her/his family;

Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman's children insufficient financial support; (3) Depriving or threatening to deprive the woman or her child of a legal right;

Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victim's own mon4ey or properties, or solely controlling the conjugal or common money, or properties;

Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions;

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;

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.


[ ] S.Y. 2014-2015

This shall include, but not be limited to, the following acts:

1. Stalking or following the woman or her child in public or 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 or on the property of the woman or her child against

her/his will;4. Destroying the property and personal belongings or inflicting harm to animals or pets of

the woman or her child; and5. Engaging in any form of harassment or violence;6. 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 of minor children of access to the woman's child/children.

VENUE (Sec. 7)

RTC designated as Family Court (EOJ)

RELIEFS/REMEDIES

A. PROTECTION ORDER (Sec. 8)

A protection order is an order issued under this act for the purpose of preventing further acts of violence against a woman or her child specified in Section 5 of this Act and granting other necessary relief.

KINDS:1. Barangay protection order (BPO) (Sec. 14) – issued by the Punong Barangay ordering the

perpetrator to desist from committing acts under Sec. 5 (a) and (b) of this Act2. Temporary protection order (TPO) (Sec. 15) – issued by the court on the date of filing of

the application after ex parte determination that such order should be issued; effective for 30 days

3. Permanent Protection order (PPO) (Sec. 16) – issued by the court after notice and hearing

B. WHO MAY FILE PETITION FOR PROTECTION ORDER (Sec. 9)1. Offended party2. Parents or guardians of offended party3. Ascendants, descendants or collateral relatives within the fourth civil degree of

consanguinity or affinity4. Officers or social workers of the DSWD or social workers of LGUs5. Police officers, preferably those in charge of women and children’s desks6. Punong barangay or Barangay Kagawad7. Lawyer, counsellor, therapist or healthcare provider of the petitioner8. At least 2 concerned responsible citizens of the city or municipality where the violence

against women and their children occurred and who has personal knowledge of the offense committed


[ ] S.Y. 2014-2015

C. WHERE TO APPLY FOR PROTECTION ORDER (Sec. 10) BPO – Rules on venue under Sec. 409 of LGC TPO/PPO – Family Court, or if none, RTC, MTC, MeTC, MCTC with territorial jurisdiction

over the place of residence of petitioner

D. HOW TO APPLY FOR PROTECTION ORDER (Sec. 11)

1. Accomplish a standard protection order application form, signed and verified under oath by applicant

2. Filed as an independent action or as incidental relief3. If applicant is not the victim, 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.

BATTERED WOMAN SYNDROME AS A DEFENSE (Sec. 26)

Victim-survivors who are found by the courts 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.

A victim who is suffering from battered woman syndrome shall not be disqualified from having custody of her children. In no case shall custody of minor children be given to the perpetrator of a woman who is suffering from Battered woman syndrome (Sec. 28)

Battered Woman Syndrome – refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.

Victim-survivors suffering from BWS do not incur criminal liability even in the absence pf any of the elements of justifying circumstances of self-defense under the RPC

Battery – refers to any act of inflicting physical harm upon the woman or her child resulting to physical and psychological emotional distress

PEOPLE v GENOSA Jan 15, 2004 To be considered a battered woman, the accused and her spouse must go through the battering cycle at least twice. If a woman is in an abusive


[ ] S.Y. 2014-2015

relationship with a man and it occurs the second time but remains in the situation, then she is considered a battered woman.


[ ] S.Y. 2014-2015

II. Juvenile Justice and Welfare Act of 2006 (R.A. 9344)

DEFINITION OF TERMS (Sec. 4)

BEST INTEREST OF THE CHILD - refers to the totality of the circumstances and conditions which are most congenial to the survival, protection and feelings of security of the child and most encouraging to the child's physical, psychological and emotional development. It also means the least detrimental available alternative for safeguarding the growth and development of the child.

CHILD AT RISK - refers to a child who is vulnerable to and at the risk of committing criminal offenses because of personal, family and social circumstances, such as, but not limited to, the following:

1. being abused by any person through sexual, physical, psychological, mental, economic or any other means and the parents or guardian refuse, are unwilling, or unable to provide protection for the child;

2. being exploited including sexually or economically;3. being abandoned or neglected, and after diligent search and inquiry, the parent or

guardian cannot be found;4. coming from a dysfunctional or broken family or without a parent or guardian;5. being out of school;6. being a streetchild;7. being a member of a gang;8. living in a community with a high level of criminality or drug abuse; and9. living in situations of armed conflict.

CHILD IN CONFLICT WITH THE LAW - refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws.

DIVERSION - refers to an alternative, child-appropriate process of determining the responsibility and treatment of a child in conflict with the law on the basis of his/her social, cultural, economic, psychological or educational background without resorting to formal court proceedings.

DIVERSION PROGRAM - refers to the program that the child in conflict with the law is required to undergo after he/she is found responsible for an offense without resorting to formal court proceedings.

INTERVENTION - refers to a series of activities which are designed to address issues that caused the child to commit an offense. It may take the form of an individualized treatment program which may include counseling, skills training, education, and other activities that will enhance his/her psychological, emotional and psycho-social well-being.

RESTORATIVE JUSTICE - refers to a principle which requires a process of resolving conflicts with the maximum involvement of the victim, the offender and the community. It seeks to obtain reparation for the victim; reconciliation of the offender, the offended


[ ] S.Y. 2014-2015

and the community; and reassurance to the offender that he/she can be reintegrated into society. It also enhances public safety by activating the offender, the victim and the community in prevention strategies.

STATUS OFFENSES - refers to offenses which discriminate only against a child, while an adult does not suffer any penalty for committing similar acts. These shall include curfew violations; truancy, parental disobedience and the like.

MINIMUM AGE OF CRIMINAL RESPONSIBILITY (Sec. 6)

1. ABSOLUTE EXEMPTION: a child 15 years of age or under at the time of the commission of the offense2. CONDITIONAL EXEMPTION: a child above 15 years but below 18 years of age3. NON-EXEMPTION: a child above 15 years but below 18 years of age, if shown he or she has acted with discernment4. CIVIL LIABILITY: exemption from criminal liability does not include civil liability

PRESUMPTION OF MINORITY (Sec. 7)


Documents

NOTES SPL