RA 9262 Powepoint FINAL 12jan13

8/13/2019 RA 9262 Powepoint FINAL 12jan13

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Republic Act 9262

AN ACT DEFINING VIOLENCE AGAINST WOMEN ANDTHEIR CHILDREN, PROVIDING FOR PROTECTIVE

MEASURES FOR VICTIMS, PRESCRIBINGPENALTIES THEREFORE AND FOR OTHERPURPOSES

Prepared by:

Atty. Graciano C. Compe Jr.


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Anti-Violence Against Women andTheir Children of 2004."


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What is Violence Against Women andChildren (VAWC)?


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Republic Act 9262or the Anti-VAWC Actdefines violence against women and their

children as any act or a series of actscommitted by any person against thefollowing:

a woman who is his wife a woman who is his former wife

a woman with whom the person has or had asexual or dating relationship

a woman whom he has a common child

a child whether legitimate or illegitimate, withinor without the family abode
http://www.chanrobles.com/republicactno9262.htmhttp://www.chanrobles.com/republicactno9262.htm


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What are the acts punishable under thelaw?


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A. PHYSICAL VIOLENCE:

acts to include bodily or physical harm to includethreat and attempt to cause harm

Woman or her child imminent physical harm


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B. SEXUAL VIOLENCE

- acts which is sexual in nature committed against

women and their children

. - rape, sexual harassment, act of lasciviousness,physically attacking sexual parts of the woman, forcingvictims to watch obscene publications and indecent

shows

. cause or attempt to cause a woman or her child toengage in sexual activity with se of force or threat offorce, physical harm or intimidation


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C. PSYCHOLOGICAL VIOLENCE:

act or omission causing or likely to cause mental or

emotional suffering of the victim(s) this includes.

- intimidation, harassment, stalking, damage toproperty, public ridicule or humiliation, repeatedverbal abuse, and marital infidelity

- causing or allowing the victim to witness the physical.sexual or psychological abuse of any member of thefamily , witness pornography in any form

- forced to witness cruelty to pets.- Deprivation of custody or visitation to common

children


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D. ECONOMIC VIOLENCE:

acts that make or attempt to make financiallydependent which includes:

-withdrawal or refusal to provide adequatefinancial support,

-preventing the woman in engaging in anylegitimate profession or occupation

controlling conjugal money or property

destroying household property


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Is VAWC committed by menalone?


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No.

Women can also be liable under the law.

These are the lesbian partners/girlfriendsor formerpartners of the victim with whom she has or had arelationship.


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What are the penalties under thelaw?


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Imprisonment and payment of P100,000 toP300,000 in damages. The length of

imprisonment depends on the gravity of thecrime. The offender is also obliged to undergopsychological counseling or psychiatrictreatment.

Being drunk or under the influence of prohibiteddrugs is not an excuse for committing VAWC.


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A) Physical Violence

Slight Physical Injuries 31 days to 6 months

Less Serious Physical Injuries 6 mo to 6 years

Serious Physical Injuries which includes mutilation6 years to 12 years

B) Economic Violence 6 m to 6 years

C) Sexual Violence - 6 to 12 years

D) Psychological Violence 6 t0 12 years

Special Aggravating Circumstance Pregnancy or inthe presence of her child


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Section 7. VENUE - Regional Trial Court designated as FamilyCourt. In the absence of such court in place where the offense wascommitted, the case shall be filed in the RTC where the crime or anyof its elements was committed.

Section 8. Protection Orders an order issued for the purpose ofpreventing further acts of violence against a woman or her child andgranting other reliefs

a) Barangay Protection Order issued and served by the PunongBarangay or the Kagawad in the same day of the application after anex parte determination to desist from committing furthers act ofphysical violence

b) Venue in the brgy. where the parties both resides or where theoffender resides

c) Who may apply? offended party, parents or guardians, relatives,social workers, police officers, brgy. kagawad. lawyers, healthworkers or concerned responsible citizen who have personalknowledge

d) Affectivity and enforceability 15 days and w/in the brgy.


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TEMPORARY and PERMANENT

PROTECTION ORDERS (TPO and PPO)

- TPO filed before the RTC, issued by the Court after ex partedetermination effective for a period of 30 days renewable foranother 30 days until final judgment is isued on the PPO

-immediate personal service on the respondent by the court sheriffwho may asked assistance of law enforcement agents for theservice

- Enforceable anywhere in the Philippines

RELIEFS UNDER THE TPO and PPO -

ORDERING THE RESPONDENT TO

1) Enjoin from committing further acts of violence


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2) Stay way at a designated distance from petitioner,designated family and household members, residenceschool, place of work of the petitioner

3) Desist from further communicating in any form with thepetitioner and their children

4) Pay rent of the residence of the petitioner

TO PETITIONER

1) Granting exclusive possession of the residence topetitioner

2) Granting custody and charge of minor children until furtherorder from the courts

3) Granting financial support to petitioner and their children

PENALTIESfor violation of Protection Order

1. BPO 30 days imprisonment

2) TPO and PPO indirect contempt


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Prescriptive Periods:

1. Physical and Economic Violence 20 years

2) Sexual and Psychological Violence 10 years

VAWC is a PUBLIC CRIME which maybe prosecuted uponfiling of a complaint by any CITIZEN having personalknowledge of the commission of the crime

PROHIBITED DEFENSE under the influence of alcohol, anyillegal drugs or mind altering substance


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PROHIBITED ACTS:

Punong Barangay, Kagawad or Court hearing anapplication for Protection Order shall not order, force,direct or in any way unduly influence the applicationb tocompromise or abandon any reliefs sought in theapplication.

. Persons Intervening Exempt from Liability - any person,private or police authorities or barangay official whoresponds or intervene without using violence or restraintgreater than necessary to ensure the safety of the victimshall not be liable for any criminal, civil, oradministrative


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RIGHTS OF VICTIM:

1). To be treated with respect and dignity

2) To avail of legal assistance from any public legl assistance office

3) To be entitled to suppor services from the DSWD and the LGU

4) To be entitled to actual, compensatory damages, moral andexemplary

5) To be exempt from payment docket and other fees6) Entitled to ten(10) days paid vacation leave.

7) Entitled to rrespect of their right to privacy and confidentiality ofrecords.


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What if the mate spouse/partner

complains about abuses committed

by his wife/partner?


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He may file a complaint or case underthe Revised Penal Code.


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What if the female victimcommits violence against her

partner?


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The law acknowledges that women who haveretaliated against their partners or who commit

violence as a form of self-defense may havesuffered from battered women syndrome (BWS).BWS is a psychological and behavioral symptomsfound in women living in battering relationships asa result of abuse for long period. Any victim who

suffers from BWS should be diagnosed by apsychiatric expert or a clinical psychologist. Thiswill also help the victim in obtaining a just decisionin her case.


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Where can VAWC victims seek help?


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At the DSWD office and the following government womens desks:

Department of Social Welfare and Development (DSWD)Crisis Intervention Unit (CIU)Rehabilitation Unit Tel. No.: (02) 734-8635NCR Ugnayang Pag-asa, Legarda, ManilaTel. Nos.: (02) 734-8617 to 18

Philippine National Police (PNP)

Women and Childrens Concern Division (WCCD)Tel. No.: (02) 723-0401 loc. 3480Call or text 117 (PATROL 117)

National Bureau of Investigation (NBI)Violence Against Women and Childrens Desk (VAWCD)

Tel. Nos.: (02) 523-8231 loc. 3403


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DOJ Public Attorneys OfficeWomen's DeskTel. Nos.: (02) 929-9010; 929-9436 to 37

Philippine General Hospital (PGH)Womens DeskTel. Nos.: (02) 524-2990; 521-8450 loc. 3816

Womens Crisis CenterWomen and Children Crisis Care & Protection UnitEast Avenue Medical Center (WCCCPU-EAMC)Tel. Nos.: (02) 926-7744; 922-5235


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thanks!

END

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RA 9262 Powepoint FINAL 12jan13