ra 9262 for I-ding

transcript

ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT

OF 2004: RA 9262

DSWD Field Office XI, Davao City

International Instruments

1. United Nations Charter (1945)

2. UN Declaration on Human Rights (1948)

3. Convention on the Elimination of All Forms of Discrimination Against Women (1979)

4. Beijing Platform of Action (1995)

5. UN Declaration on the Elimination of Violence Against Women (1993)1987 Philippine Constitution

Forms of Abuse:

a. Physical Violence

b. Sexual violenceProstituting the woman or her child

c. Psychological violenceMarital Infidelity

d. Economic abuse

Children – refers to those below eighteen (18) years of age or older but are incapable of taking care of themselves

biological adopted foster relative other children

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

"Sexual relations""Sexual relations" refers to a single refers to a single sexual act which sexual act which may or may not may or may not

result in the result in the bearing of a bearing of a

common childcommon child

Who may Who may commit? commit?

ANY PERSONANY PERSON

Who may be the victim:Who may be the victim: • Wife or former wife of the offenderWife or former wife of the offender

• A woman with whom the offender A woman with whom the offender (male/female) has or had a sexual or (male/female) has or had a sexual or dating relationshipdating relationship

• A woman with whom the offender (male) A woman with whom the offender (male) has a common childhas a common child

• A child, whether legitimate or illegitimate, A child, whether legitimate or illegitimate, within or without the family abode within or without the family abode

SALIENT FEATURES OF RA 9262

1.Penalizes crime of VAWC –

public offense

2. Provides for Protection Order * BPO * TPO * PPO

3.Battered Wife Syndrome ( BWS)

is a defense

4. Defines the duties of barangay officials,

law enforcers and healthcare providers

5. Training of personnel and development of

programs for VAWC

Prohibited Acts

PenaltiesPrescription

1. Causing physical harm to

the victim

If the acts resulted in:

a. Homicide-12 yrs&1 day-20 yrs. imprisonment

b. Parricide-20 yrs&1 day imprisonment - death

c. Murder-20 yrs&1 day imprisonment – death

d. Mutilation-12 yrs&1 day-40 yrs imprisonment

e. Serious Physical Injuries-6 yrs&1day-12 years of imprisonment

f. Less serious Physical Injuries-6 months&1 day-6 years imprisonment

g. Slight Physical Injuries-1 mon&1 day-6 mos. imprisonment

20 years

Prohibited Acts PenaltiesPrescription

2.Threatening to cause the victim physical harm

Two degrees lower than

the penalty for the

consummated crime used

to threaten the victim but

in no case shall the

penalty be lower than 1

month imprisonment

3. Attempting to cause the victim physical harm

1 mo. & 1 day- 6 months imprisonment

4. Placing the victim in fear of immediate physical harm

1 mo. & 1 day – 6 mos. Imprisonment

Prohibited Acts PenaltiesPrescription

5. Compelling or attempting to compel the victim to either:

•Do an act to the victim has

a right to refuse

•Refrain from doing an act

whom the victim has a right

6 months & 1 day – 6 years imprisonment

Restricting or attempting to restrict the victim’s freedom of movement/conduct through force, physical harm or intimidation

Prohibited acts Penalties Prescription

6. Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling the woman’s actions or decisions

1 month & 1 day – 6 months imprison-ment

7. Causing or attempting to cause the victim to engage in any sexual activity which does not constitute rape, by means of:

force or threat of force

Physical harm

Intimidation directed against the victim or the latter’s immediate family

6 years & 1 day – 12 years imprisonment

10 years

Prohibited Acts Penalties Prescription

8. Engaging in purposeful, knowing, or reckless conduct, whether personally or through another, that causes substantial emotional or psychological distress to the victim including the following acts:•Stalking or following the victim in public or private places

•Peeping in the window or lingering outside the residence of the victim

•Entering or remaining in the dwelling or on the property of the victim against her/his will

•Destroying the property & personal belongings of the victim

•Inflict harm to animals or pets of the victim

•Engaging in any form of harassment or violence.

6 yrs & 1

day-12 yearsimprisonment

Prohibited Acts Penalties Prescription

9. Causing mental or emotional anguish, public ridicule, provocation to the victim including the following:

•Repeated verbal & emotional

•Denial of financial support

•Denial of custody of minor

children

•Denial of access to the woman’s child/children

6 years & 1

day – 12

yearsimprisonment

•RTC RTC Family CourtFamily Court

•Any Any RTC RTC

•Also MTC, MCTC, Also MTC, MCTC, MTCCMTCC

VenueSection 7

Prohibited Defense

Being under the influence of alcohol.

Illegal drugs or other mind-altering substances.

Protection OrderBPO

15 days: renewable;

Procedure: should be issued;

Penalty for violation of BPO: 30 months imprisonment;

Relief for physical harm or threats of physical harm only;

Who may file for BPO

Victim/offended party;

Parents/guardian of OP;

Ascendants/ descendants or collateral relation within 4th civil affinity & consanguinity;

Officers/SW of DSWD

Police officers, preferrably WCPC

Who may apply:

Punong Barangay/Kagawad

Lawyer, Counselor, Therapist, healthcare provider of petitioner;

At least 2 concerned responsible citizen where violence occurred and has personal knowledge. (Section9)

How to apply:

May be an independent action or incidental relief (TPO&PPO)

Standard application form, in English with translation in major local languages

Contents of Application:1. Names/address of petitioner &

respondents;

2. Description of relationship between petitioner and respondents;

3. Statement of the circumstances of abuse;

4. Description of relief requested (sec. 8);

5. Request for counsel and reasons for such;

6. Request for waiver of application fees until hearing;

7. Attestation: no pending application for PO in another court (section 11);

If applicant is not the victim

Affidavit of applicant attesting to:Circumstances of abuse;

Circumstances of consent for filing by the victim;

TPO30 days, renewable;

Issued by court on Date of filing;

After Ex parte determination;

Covers any, some or all reliefs;

PPOIssued by a court AFTER notice and hearing (adversarial hearing);

If possible, hearing shall be conducted in 1 day

* if not, renew TPO until final judgment ;

Covers any, some or all reliefs;

Effective until revoked by a court;

Request for revocation should be from person in whose favor PPO was issued;

Perpetrator to give BOND to keep the peace;

Section 30. Mandatory Period for Acting on

Applications for Protection Orders

Failure to act on an application for a protection order within the reglamentary period without justifiable cause shall render the official or judge administratively liable.

Section 30. Duties and Functions of Barangay Officials

Confiscate any Confiscate any deadly weapon in deadly weapon in the possession of the possession of the perpetrator or the perpetrator or within plain viewwithin plain view

Transport or escort Transport or escort the victim to a safe the victim to a safe place of her choice place of her choice

or to a clinic or or to a clinic or hospitalhospital

Assist the victim in Assist the victim in removing removing personal personal

belongings from belongings from the house the house

Assist the barangay Assist the barangay officials and other officials and other

government officers government officers and employees who and employees who respond to a call for respond to a call for

helphelp

Ensure the enforcement Ensure the enforcement

of the BPO/TPO/PPO of the BPO/TPO/PPO issuedissued

Arrest the suspected Arrest the suspected perpetrator even without a perpetrator even without a

warrant when any of the acts warrant when any of the acts of VAWC is occurring, or of VAWC is occurring, or

when he/she has personal when he/she has personal knowledge that any act of knowledge that any act of

abuse has just been abuse has just been committed, and there is committed, and there is

imminent danger to the life imminent danger to the life or limb of the victim as or limb of the victim as

defined in this Actdefined in this Act

Immediately report the Immediately report the call for assessment or call for assessment or

assistance of the DSWD, assistance of the DSWD, Social Welfare Social Welfare

Department of LGUs or Department of LGUs or accredited NGOs.accredited NGOs.

Section 47 (IRR)Duties and Functions of Barangay

Officials

In order to eliminate violence against women and their children, barangay officials shall:

a. Undertake an education program on

Republic Act No. 9262

b. Have a family violence prevention program, including peer counseling for men

Section 47 (IRR)Duties and Functions of Barangay Officials

c. Support organizing efforts and

development programs for women in the community;

d. Prioritize livelihood projects for

victim-survivors;

e. Involve women in planning and implementation of all programs and projects in the barangay;

f. Have an anti-VAWC desk officer in the barangay which shall coordinate a one-stop help desk. As much as possible, this help desk shall be open for 24 hours;

g. Ensure that all barangay officials, barangay health workers, barangay nutrition scholars, other barangay workers and tanod or barangay security officers undergo gender sensitivity seminars;

h. Develop a system to document and report cases of VAWC and assistance program to victims; and

i. prescribe additional guidelines and standards with the Act. strictly observe the following steps in handling VAWC cases at the Barangay level:

1. Barangay official shall immediately verify report of VAWC. If necessary, seek the assistance of the police;

2. Respond immediately to a call for help by entering the dwelling whether or not a protection order has been issued;

Interview the victim-survivors and the witnesses to determine the facts,

inform the victim-survivors of their rights and remedies.

document the interview in writing or record the testimonies by audio or videotape with the consent of the victim-survivor.

All records of VAWC cases shall be CONFIDENTIAL

All public officers and employees and public or private clinics or hospitals shall respect the right to privacy of the victim-survivor;

4. Arrest the perpetrator even without a warrant:

when any of the acts of violence is occurring

when said barangay official has personal knowledge that any act of abuse has just been committed

and in the presence of imminent danger to the life or limb of the victim-survivor.

• If the perpetrator is not immediately arrested, advise him or her to temporarily leave the house to prevent violence, or

• encourage her/him to go to the barangay center, DSWD, LGU or NGO, church or other groups that provide counseling for perpetrators;

6.) In cases where the victim-survivor applying for a BPO is a minor, any barangay official shall assist the victim-survivor and shall refer her/him to NGOs, social workers for counseling, temporary shelter and other support services;

7.) Monitor compliance of the respondent with the BPO;

k) Ensure the safety and continued support to the victim-survivor and her family during the 15-day period;

8) Assist the victim-survivors in filing the appropriate complaint with the PNP Women and Children’s Protection Desk or other law enforcement agencies;

9) Ensure that all pertinent documents of the said cases are forwarded to the PNP Women and Children’s Protection Desk;

10) Have a separate logbook for complaints and cases of VAWC and keep this confidential, always ensuring the privacy of the victims;

o) Shall not attempt to influence the victim-survivor to abandon her claims. All forms of amicable settlement under the Katarungang Pambarangay such as mediation, settlement, conciliation, arbitration SHALL NOT apply to cases of VAWC in the Act; and

p) If the relief requested or applied for involves the failure to provide support to the woman or her children, especially for their education and medical needs, the Punong Ba rangay or in his/her absence, any kagawad, shall call the respondent for counseling and explain to him his legal obligations to support his wife and/or minor children. This shall not be construed to mean as a mode of conciliation or mediation and must be done only with the presence of the respondent, without the victim-survivor or applicant.

Administrative complaints against the barangay official for failure to perform her or his duties shall be filed with the Sangguniang Panglunsod or Bayan for gross neglect of duty or misfeasance.

Duties of Barangay Officials… irr

ANY BARANGAY OFFICIAL WHO FAILS TO REPORT THE INCIDENT SHALL BE LIABLE FOR A FINE NOT EXCEEDING TEN THOUSAND PESOS (PhP 10,000) OR WHENEVER

APPLICABLE CRIMINAL, CIVIL AND ADMINISTRATIVE

LIABILITY.

Section 43:

Persons Intervening

Exempt from Liability

Thank You !

ra 9262 for I-ding

Documents