Ra 9262 Report_alenton

7/31/2019 Ra 9262 Report_alenton

1/24

REPUBLIC ACT NO. 9262

AN ACT DEFINING VIOLENCE AGAINST WOMENAND THEIR CHILDREN, PROVIDING FOR

PROTECTIVE MEASURES FOR VICTIMS,PRESCRIBING PENALTIES THEREFORE, AND FOR

OTHER PURPOSES

Anti-Violence Against Women and Their

Children Act of 2004


2/24

Sec. 2Declaration of Policy.

It is hereby declared that the State values the

dignity of women and children and guarantees full

respect for human rights. The State alsorecognizes the need to protect the family and its

members particularly women and children, fro

violence and threats to their personal safety and

security.


3/24

Effective March 27, 2004

Salient Features:

A special law protecting women and their childrenfrom all forms of abuse

Civil action Temporary & Permanent Protection

Order

With remedy ofBarangayProtection Order

Victims suffering from Battered Women Syndrome

do not incur criminal and civil liability


4/24

What constitutes violence against women and children?

Violence against women and children covers any act or series of

acts by any person against his wife, former wife, or with whom

the person has/had 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 results

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.


5/24

Elements

Relationship, past or present

Married or not; living in or not

Sexual or dating relationshipo Including lesbian relationships

With common child

Falling under Sec. 5 (punishable acts)


6/24

RA 9262 seeks to address the prevalence of

violence against women and children (VAWC),

abuses on women and their children by theirintimate 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


7/24

Some Terms:

Batteryinflicting physical harm upon the woman or her child resulting tophysical and psychological or emotional distress.

Stalkingis the intentional act by one who knowingly and without lawfuljustification follows a woman or her child or places them under surveillancedirectly or indirectly or a combination thereof.

Dating Relationshipis a situation wherein unmarried parties live as husband

and wife or are romantically involved over time and on a continuing basisduring the course of the relationship. *A casual acquaintance or ordinarysocialization between two individuals in a business or social context is not adating relationship.

Sexual relationsrefers to a single sexual act which may or may not result in

the bearing of a common child.

Childrenthose below 18 or older but are incapable of taking care ofthemselves as defined under R.A. 7610. *includes biological children of thevictim and other children under her care.


8/24

What are specific acts of violence penalized

under R.A. 9262?


9/24

Sexual violence: [sec. 3 (a) (B)]

Rape

Sexual harassment

Acts of lasciviousness

Treating the woman of her child as sex object

Making demeaning and sexually suggestive remarks

Physically attacking the sexual parts of the victims 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

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;

Prostituting the woman or her child


10/24

Psychological violence acts or omissions causingor likely to cause mental or emotional suffering ofthe victim such as intimidation, harassment,

stalking, damage to property, public ridicule orhumiliation, repeated verbal abuse and maritalinfidelity.

e.g.: causing or allowing to witness the physical or sexual

or psychological abuse of a member of the family towhich the victim belongs

to witness pornography in any form or to witnessabusive injury to pets

unlawful or unwanted deprivation of the right tocustody and/or visitation of common children


11/24

Physical violence - refers to acts that include

bodily or physical harm;

(Battering, assault, coercion, harassment or

arbitrary deprivation of liberty.)

Includes actual causing of harm, threatening tocause physical harm, and attempting to cause the

same,

Drama King - inflicting or threatening to inflict

physical harm on oneself for the purpose of

controlling her actions or decisions [Sec.5(f)]


12/24

Economic abuse - refers to acts that make or attempt to makea woman financially dependent. This includes but is notlimited to the following:

a) withdrawal of financial support or preventing the victimfrom engaging in any legitimate profession, occupation,business or activity, except in cases wherein the otherspouse/partner objects on valid, serious and moral groundsas defined in Article 73 of the Family Code;

b) deprivation or threat of deprivation of financial resources andthe right to the use and enjoyment of the conjugal,community or property owned in common;

c) destroying household property;

d) controlling the victims own money or properties or solelycontrolling the conjugal money or properties.


13/24

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.


14/24

The Act classifies violence against women and

children (VAWC) as a public crime. (Sec. 25)

May be prosecuted upon the filing of a complaint

by any citizen having personal knowledge of the

circumstances involving the commission of thecrime.


15/24

WHAT ARE THE PENALTIES FOR COMMITTING VAWC?

If the courts have proven that the offender is guilty of thecrime, may be imprisoned and will be obliged to payP100, 000 to P300, 000 in damages.

The length of imprisonment depends on the gravity of the

crime.The offender is also obliged to undergo psychologicalcounseling or psychiatric treatment.

Being drunk or under the influence of prohibited drugs

cannot be taken as an excuse for committing VAW.

-for acts committed while the woman or child is pregnant orcommitted in the presence of her child maximum

period shall be applied


16/24

Rights of victims Right to be treated with respect & dignity;

Ppl. v. Cabalquinto, G.R. No. 167693 19 Sept. 2006Confidentiality of records provided under sec. 44 of R.A.9262

- even after the promulgation of the decision in orderto protect the right to privacy of the child and herfamily and to preclude instances where unduedisclosure of information may impair the treatmentand rehabilitation of the child-victim;

- To withhold the real name of the victim-survivor

and shalluse fictitious initials instead to represent her. Likewise, thepersonal circumstances of the victims-survivors or any otherinformation tending to establish or compromise theiridentities, as well those of their immediate family orhousehold members, shall not be disclosed.


17/24

Legal assistance; support services from

DSWD, local governments

Additional 10 day paid leave from work aside

from present paid leave benefits under theLabor Code and Civil Service Rules and

Regulations (Sec. 43)


18/24

Some Jurisprudence:

SHARICA MARI L. GO-TAN

v.SPOUSES PERFECTO C. TAN AND JUANITA L. TAN

[G.R. No. 168852, September 30, 2008]

ISSUE:

WHETHER OR NOT RESPONDENTS-SPOUSES PERFECTO & JUANITA, PARENTS-

IN-LAW OF SHARICA, MAY BE INCLUDED IN THE PETITION FOR THE

ISSUANCE OF A PROTECTIVE ORDER, IN ACCORDANCE WITH REPUBLIC ACT

NO. 9262, OTHERWISE KNOWN AS THE "ANTI-VIOLENCE AGAINST WOMENAND THEIR CHILDREN ACT OF 2004


19/24

Section 47 of R.A. No. 9262 expressly provides forthe suppletory application of the RPC, thus:

SEC. 47. Suppletory Application. - For purposes ofthis Act, the Revised Penal Code and otherapplicable laws, shall have suppletoryapplication. (Emphasis supplied)

xxx the principle of conspiracy under Article 8 ofthe RPC may be applied suppletorily to R.A. No.9262 because of the express provision of Section

47 that the RPC shall be supplementary to saidlaw. Thus, general provisions of the RPC, which bytheir nature, are necessarily applicable, may beapplied suppletorily.


20/24

Section 5 of R.A. No. 9262 expressly recognizes that the acts of violence against womenand their children may be committed by an offender through another, thus:

SEC. 5.Acts of Violence Against Women and Their Children. - The crime of violenceagainst women and their children is committed through any of the following acts:

x x x

(h) Engaging in purposeful, knowing, or reckless conduct, personally or throughanother, that alarms or causes substantial emotional or psychological distress to thewoman or her child. 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 herchild;

(3) Entering or remaining in the dwelling or on the property of the woman or herchild against her/his will;

(4) Destroying the property and personal belongings or inflicting harm to animals orpets of the woman or her child; and

(5) Engaging in any form of harassment or violence; x x x. (Emphasis supplied)


21/24

Section 4 of R.A. No. 9262 calls for a liberal

construction of the law, thus:

SEC. 4. Construction. - This Act shall be liberally

construed to promote the protection and safety

of victims of violence against women and theirchildren. (Emphasis supplied)

expressio unios est exclusio alterius" finds no application object of the law according to its true intent, meaning and spirit

: the protection and safety of victims of violence against women

and children


22/24

RUSTAN ANG yPASCUA,

v.

THE HONORABLE COURT OFAPPEALS and IRISH SAGUD

G.R. No. 182835

Issue:

WON accused Rustan sent Irish by cellphone message thepicture with her face pasted on the body of a nude

woman, inflicting anguish, psychological distress, and

humiliation on her in violation of Section 5(h) of R.A.

9262.


23/24

elements of the crime of violence against women through harassment are:

1.The offender has or had a sexual or dating relationship with the offended

woman;

2. The offender, by himself or through another, commits an act or series ofacts of harassment against the woman; and

3.The harassment alarms or causes substantial emotional or psychological

distress to her.

Ratio:

On dating relationship:

An away-bati or a fight-and-kiss thing between

two lovers is a common occurrence. Their takingplace does not mean that the romantic relation

between the two should be deemed broken up

during periods of misunderstanding.


24/24

On Psychological Abuse:

Petitioner alleged that todays women are so used to obscenecommunications that her getting one could not possibly have

produced alarm in her or caused her substantial emotional orpsychological distress. He claims having previously exchangedobscene pictures with Irish such that she was already desensitized bythem.

The Court cannot measure the trauma that Irish experienced basedon Rustanslow regard for the alleged moral sensibilities of todaysyouth. What is obscene and injurious to an offended woman can ofcourse only be determined based on the circumstances of eachcase. Here, the naked woman on the picture, her legs spread openand bearing Irishs head and face, was clearly an obscene picture and,

to Irish a revolting and offensive one. Surely, any woman like Irish,who is not in the pornography trade, would be scandalized andpained if she sees herself in such a picture. What makes it furtherterrifying is that, as Irish testified, Rustan sent the picture with athreat to post it in the internet for all to see. That must have givenher a nightmare.

Documents

Ra 9262 Report_alenton