The Anti-Violence Against Women & Their Children Act

of 2004

Salient Features

Atty. Rowena V. Guanzon

RA 9262• Effective March 27, 2004• A special law protecting women

and their children from violence• Criminal statute• Civil action – Temporary &

Permanent Protection Order• Barangay Protection Order

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Types of Violence

• PHYSICAL• PSYCHOLOGICAL• SEXUAL• ECONOMIC • Other forms of violence,

intimidation

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Def.: Violence Against Women & their children (VAWC)• any act or series of acts

committed by any PERSON • against a WOMAN who is his

wife, former wife, or with whom the person has or had a sexual or dating relationships, or

• with whom he has a common child, or

• against her child/child under her care

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Def: VAWC• Which result 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

Elements• Relationship, past or present• Married or not; living in or not• Sexual or dating relationship• Including lesbian relationships• With common child• Sec. 5 punishable acts

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Who are liable• Husband, ex-husband• Boyfriend or ex • Father of the woman’s child• Lesbian girlfriends/partners or

ex partners• Any person with whom the

woman has/had a sexual or dating relationship 7

Sec. 5 Acts of VAWC• Causing, threatening,

attempting to cause physical harm

• Placing the woman or her child in fear of imminent physical harm

• Attempting or compelling the woman or her child to engage in conduct which they have a right to desist from, or to

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Sec. 5 Acts• desist from conduct which

they have a right to engage in

• attempting to restrict or restricting the woman’s or her child’s freedom of movement or conduct by force or threat, intimidation 9

Sec. 5 Acts• Acts committed with the

purpose or effect of controlling or restricting the woman’s or her child’s movement by:

• (1) depriving or threatening to deprive the woman or her child of custody or access to her family

• (2) depriving them of financial support; insufficient financial support

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Sec. 5 Acts• (3) Depriving or threatening to

deprive the woman or her child of a legal right

• (4) Preventing the woman from engaging in any legitimate profession, occupation, business or activity, or controlling her own money or properties or solely controlling conjugal or common money or properties

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Sec. 5 Acts• 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..., by force or threat, physical harm, intimidation directed against the woman, her child, or immediate family *

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Sec. 5 Acts

• Engaging in knowing or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress including:

• (1) stalking• (2) peering in window; lingering

outside the residence • (3)entering or remaining in the

property13

Sec. 5

• (3) entering or remaining in the house or on the property

• (4) destroying property and personal belongings or causing harm to animals, pets

• (5) engaging in any form of harassment or violence *

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Sec. 5 Acts • Causing mental or emotional

anguish, public ridicule, humiliation including repeated verbal and emotional abuse*

• denial of financial support or custody of minor children or denial of access to the woman’s child *

• * PRESCRIPTION PERIOD: 10 years. All others, 20 years 15

Purpose of Protection Orders

• to prevent further acts of violence against a woman or her child.

• to safeguard the victim from further harm

• to minimize disruption in victim’s daily life

• give her the opportunity and ability to regain control over her life. 16

Kinds of Protection Orders

• Barangay P.O. – 15 days; not extendible

• Temporary Protection Order – 30 days +

• Permanent Protection Order 17

Protection Orders

• Prohibition from threatening or committing, personally or through another, any of acts in Sec. 5

• Prohibition from harassing, telephoning, contacting

• Removal and exclusion from the residence regardless of ownership, temporarily or permanently where no property rights are violated

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Protection Orders• Stay away from petitioner, any

designated family or household member

• Law enforcer to accompany petitioner to the residence, ensure possession of automobile and personal effects; supervise respondent’s removal of belongings

• Temporary or permanent custody of child

• Support – automatic remittance of salary or income by employer

• DSWD or LGU to provide shelter and social services

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Who may file for Protection Orders (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,

healthcare provider• At least 2 citizens of the city or

municipality who have personal knowledge of the offense

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Barangay Protection Order• Issued by Punong Barangay or

any kagawad• Ex parte; no mediaton or

conciliation• 15 days only; not extendible• ordering perpetrator to desist

from committing or threatening physical harm

• 30 days imprisonment for violation of BPO

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Venue for Protection Order

• Family Court where the woman resides, or

• If none, file it in the RTC, Metropolitan Trial Court, Municipal Trial Court, or Mun. Circuit Trial Court where the woman resides

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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 and support to woman and/or her children, use of community/conjugal property

• Bond to Keep the Peace• Enforceable anywhere in the

country• No mediation; no conciliation

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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• may be appealed

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Battered Woman Syndrome (BWS)• scientifically defined pattern of

psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.

• justifying circumstance • A victim with BWS can have

custody of her children• Perpetrator of crime against a

woman with BWS shall not have custody of children

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BWS in Pp. vs. Genosa(Jan. 2004)

• A woman with BWS is one “ who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to coerce her to do something he wants her to do without concern for her rights ” 26

Exemption from liability• NO CRIMINAL, CIVIL,

ADMINISTRATIVE LIABILITY :• Any person, private individual,

police authority, barangay official acting in accordance with law, who

• responds or intervenes without using violence or restraint greater than necessary to ensure safety of the victim

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Rights of victims

• Right to be treated with respect & dignity;

• Legal assistance; support services from DSWD, LGUs

• To be informed of their rights and services available

• Additional 10 day paid leave from work aside from present paid leave benefits

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Rights of victims

• Right to be treated with respect & dignity;

• Legal assistance; support services from DSWD, LGUs

• To be informed of their rights and services available

• Additional 10 day paid leave from work aside from present paid leave benefits

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Rowena V. Guanzon, LLB, MPA

Email: rowena.guanzon@gmail.comWeblog: www.bingguanzon.com

Tel. 09175418339Mobile: +63 9999923491