INVESTIGATION OF DOMESTIC VIOLENCE IN LOCAL SETTING(IMPLICATIONS TO WOMAN AND CHILDREN WELFARE)

SCOPE OF PRESENTATION

I. INTRODUCTION Background of the Study Statement of the Problem Scope and Limitations of the Study Significance of the Study Definition of Terms

II. REVIEW OF RELATED LITERATURE AND STUDIES

III. PRESENTATION, ANALYSIS AND INTERPRETATION OF DATA• Investigation of Complaints and Reports involving all forms of Violence

against women and their Children• Investigation of Complaints and Reports involving other forms of Child Abuse• Statistics on violence against Filipino women and the Philippine laws

formulated• Common reasons of unreported cases and unpursued cases of violence

against women• The Perpetrators’ common motive• Its Implications to Woman and Children Welfare

IV. SUMMARY, CONCLUSIONS AND RECOMMENDATIONS

SCOPE OF PRESENTATION

BACKGROUND OF THE STUDYViolence against Women (VAW) is perhaps the most shameful human rights

violation. It knows no boundaries of geography, culture or wealth. As long as it continues, we cannot claim to be making real progress towards equality, development and peace. (Kofi Annan, 2000)

VAW appears as one of the country’s universal social problems. According to the 2008 National Demographic and Health Survey conducted by the National Statistics Office, one in five Filipino women age 15-49 has experienced physical violence since age 15. It is indeed alarming that despite efforts to address the concern, Violence against women persists.

In order to end the sufferings of battered woman in our country and hear the agony of abused women, Violence against Women and Children Act (VAWC) was introduced in 2004. In addition to physical abuse, it covered verbal, psychological and economic abuse. It also identified perpetrators as anyone with whom a woman had an intimate relationship, not just a spouse. More importantly, it made physical abuse a criminal act punishable by law, and empowered abused women to break their silence.

STATEMENT OF THE PROBLEM

This research specifically seeks to answer the following questions:

1. What is domestic violence?2. What is violence against women and their children?3. How is the investigation conducted in Philippine setting?4. What are the perpetrators’ motive?5. What is the impact of these violence to woman and children?

SCOPE AND LIMITATION OF THE STUDY

The discussion will be limited only in Investigation of Domestic Violence in Local Setting (Its Implications to Woman and Children Welfare).

This report work is an informative research taking readers to know different types of violence against woman and children and how our government does hears these cases legally in Philippine setting.

SIGNIFICANCE OF THE STUDYThis research was conducted to give the students

information regarding Domestic Violence in Local Setting and its implications to woman and children.

Different sectors and law enforcers’ deals with this kind of issue in our country. This study will provide facts about Domestic Violence in our country and will shed light on how to deal with it properly without giving additional distress to the victims of violence.

This will serve as future reference to our law enforcer officers in dealing with domestic violence cases.

DEFINITION OF TERMS• Battery - 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.• Children - those below eighteen (18) years of age or older but are

incapable of taking care of themselves as defined under Republic Act No. 7610. As used in this Act, it includes the biological children of the victim and other children under her care.• Dating Relationship - 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.

DEFINITION OF TERMS• Economic/Financial abuse or violence - Withdrawal of financial support or

preventing the victim from engaging in any legitimate profession, occupation, business or activity; 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; Destroying household property; Controlling the victims' own money or properties or solely controlling the conjugal money or properties.

• Physical violence - acts that include bodily or physical harm.• Protection Order - an order issued under this act for the purpose of preventing

further acts of violence against a woman or her child and granting other necessary relief. The relief granted under a protection order serve the purpose of safeguarding the victim.

• Psychological violence - acts or omissions causing mental or emotional suffering of the victim such as intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity; and causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs.

DEFINITION OF TERMS• Safe place or shelter - any home or institution maintained or managed by the DSWD

or by any other agency or voluntary organization accredited by the DSWD; any other suitable place the resident of which is willing temporarily to receive the victim.

• Sexual relations - single sexual act which may or may not result in the bearing of a common child.

• Sexual violence - Rape, sexual harassment, acts of lasciviousness, 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; Cause the victim to engage in any sexual activity by force, threat of force or coercion; and Prostituting the woman or child.

• Stalking - 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.

• Violence against women and their children - Committed by any person against a woman who is his wife, former wife, or a woman with whom the person has or had a sexual or dating relationship; or against her child whether legitimate or illegitimate, which result in physical, sexual, psychological, or economic abuse.

CHAPTER IIREVIEW OF RELATED LITERATURE AND STUDIES

Domestic violence refers to the physical, emotional, sexual, and/or economic abuses taking place within the family household. (Goodman & Fallon, 1995)

Violence against women is a serious public health concern globally since an estimated 20-50% of women in any given country have experienced domestic violence. Domestic violence is a problem that has been considered a private concern among Filipino families. The magnitude of reported cases of wife battering have reached alarming proportion, and led government and non-government sectors to intervene particularly in the areas of legislation, policy and programs. (Jimenez, 1996)

Violence against women or domestic violence centered among women, as used interchangeably in this study, is indeed a serious problem. It violates and impairs the enjoyment by women of human rights and fundamental freedom. It limits women’s opportunities to achieve legal, social, political and economic equality in society. (Women’s Legal Bureau, Inc., 1998)

For the purpose of this report work, abusive stories against women, investigative information and different research regarding violence against women had been studied.

CHAPTER IIIPRESENTATION, ANALYSIS AND INTERPRETATION OF

DATA

Investigation of Complaints and Reports involving all forms of Violence against women and their Children

The PNP Women and Children Protection Desks (WPCD) in coordination with the Local Social Welfare Development Office (LSWDO), shall conduct timely, thorough and comprehensive investigation of all cases involving violence against women and their children, committed within their respective area of responsibility, consistent with domestic laws, rules and regulations, and international human rights standards.

They shall observe the rules and procedures as provided in section 48 of the Implementing Rules and Regulations of RA 9262 (Anti-Violence Against Women and Their Children Act of 2004). “Children” refers to those below eighteen (18) years of age or older but incapable of taking care of themselves as defined under Republic Act No. 7610. As used in this rule, it includes the biological children of the victim woman and other children under her care.

Procedures:a. Upon receipt of the complaint, the WCPD officer shall conduct

appropriate investigation. b. The WCPD officer shall refer the victim-survivor to the nearest PNP

Crime Laboratory and/or hospital or any medical facilities for appropriate medico-legal examination.

c. Only persons expressly authorized by the victim-survivor shall be allowed by the WCPD officer inside a room.

d. Ensure the confidentiality of identity of the victim-survivor and all other parties directly involved with the case under investigation.

e. After the conduct of police investigation, the WCPD officer shall refer the victim-survivor to the social worker of the LGU

f. The WCPD officer shall forward the investigation report, together with the relevant evidence.

g. If the victim-survivor is found to have manifestations of Battered Woman Syndrome, the WCPD officer shall inform , local professional or civic groups in the area for appropriate psychiatric and psychological evaluation which may form part of the evidence to be presented in court;

h. Assist in the application and enforcement of the provisions of the protection order as may be issued by the barangay or the court;

i. Respond, with the assistance of other police personnel, barangay officials, and other parties-in-interest, to a call for emergency assistance to ensure immediate protection of the victim-survivor;

j. In case where the perpetrator is armed or in possession of deadly weapon in plain view, cause the confiscation thereof with the assistance of other police personnel;

k. Effect the arrest of the perpetrator by virtue of a warrant issued by the court;

l. The WCPD officer or any designated police officer shall provide assistance to help facilitate the transfer of the victim-survivor to a safe place of her own choice;

m.Monitor and follow up the case in violation of the Act that has been filed in court;

n. Participate in multi-disciplinary mechanisms to address the protection needs of the victim-survivor of VAWC;

INVESTIGATION OF COMPLAINTS AND REPORTS INVOLVING OTHER FORMS OF CHILD ABUSE

Police officers, in coordination with the PNP Women and Children Protection Desks (WCPD) and Local Social Welfare Development Office (LSWDO), shall conduct an investigation on all cases of child abuse committed within their respective area of responsibility, consistent with domestic laws, rules, and regulations, and international human rights.a. Police officers shall, upon receipt of a complaint or

report or information , shall take immediate action thereon, but under no circumstance shall beyond forty-eight hours;

b. In situations where immediate rescue operations are necessary, the police officers and WCPD in coordination with the LSWDO and other stakeholders shall prepare the corresponding rescue operations plan;

c. The police officers, together with any officer of the Commission on Human Rights (CHR) in or near the area of operation shall, without delay, proceed to the place where the child-victim is located and execute the rescue operations plan;

d. Upon rescue of the child-victim, the law enforcers shall turn-over the child-victim to the LSWDO for protective custody;

e. child-victim shall be immediately taken to the nearest government medical center or hospital or clinic for physical and psychological examination, treatment and/or confinement;

f. The police officer, in coordination with the LSWDO, shall gather the necessary/relevant and material data and evidence to support the filing of appropriate charges before the Prosecutor’s Office and trial of the child-abuse case/s before the court.

g. The police officer shall ensure that the child-victim shall not be subjected or exposed to multi-victimization in the course of investigation

h. Investigation of child abuse cases shall be assigned preferably to members of the Women and Children Protection Desk (WCPD)

STATISTICS ON VIOLENCE AGAINST FILIPINO WOMEN AND THE PHILIPPINE LAWS FORMULATED

There are different trends in the number of violence against women cases from different government agencies. The number of VAW cases reported to the police increased sevenfold, from 1,100 in 1996 to 7,383 in 2004. In 2006 a total of 5,758 VAW cases were reported to the police. In 2008 the number of VAW cases reported to the police rose by 21 percent from the 2007 report. One of the worst forms of violence against women in the region is human trafficking. According to the 2008 National Demographic and Health Survey conducted by the National Statistics Office, one in five Filipino women age 15-49 has experienced physical violence since age 15. (Wikipedia information)

To addressed this phenomena, the Philippines has enacted several laws protecting women from violence – Anti-Sexual Harassment, Anti-Rape and Rape Victim Assistance and Protection, Anti-Trafficking in Persons, Anti-Violence against Women and Children with Women’s and Children’s Desks and Services.

The Republic Act 9262 - The Anti-Violence against Women Act was passed in 2004. In 2007, Senator Pia S. Cayetano filed Senate Bill No. 1407 in the Philippine Senate seeking to declare November 25 of every year as the “National Consciousness Day for the Elimination of Violence against Women” in the Philippines.

COMMON REASONS OF UNREPORTED CASES AND UNPURSUED CASES OF

VIOLENCE AGAINST WOMEN1. Many women do not wish to see the father of their children

imprisoned, for fear of stigma or because they cannot afford to lose the family's bread winner.

2. There is an element of forgiveness for the sake of family togetherness.

3. it is simply a couple’s quarrel or better known in Filipino as away mag-asawa.

4. Lack of faith in the country’s justice system caused by frustrations over the lack of results in filing complaints.

5. Some male lawyers and judges fail to take the issue of domestic violence seriously enough.

THE PERPETRATORS’ COMMON MOTIVE

1. Chauvinism is a common thinking among perpetrators.2. They want to reaffirm that being the man, they are the head of the

family.3. Coming home from work only to find his wife not only gambling, and

cuddling with another man as well.4. A sexist attitude is compounded by problems of drug addiction,

alcoholism, gambling and womanizing.5. Some women are accused of being “naggers” or neglectful of their

duties as wife that is why they are beaten by their spouses.6. Rape is sometimes attributed to a raped woman’s “flirtatious” ways.

ITS IMPLICATIONS TO WOMAN AND CHILDREN WELFARE

1. Violence against Women leaves marks to the victim’s personality. It strikes the personhood of women.

2. VAW limits human development. 3. Most victim have the inability to see the effects of the abuses done to her.

She seems to have accepted all abuses inflicted on her as part of a normal life situation.

4. Woman’s acceptance of the abuses of his husband as evidenced by her keeping silent to stop the abuses is a common behavior of an abused wife who takes responsibility for the batterer’s actions (Frisch & Frisch, 2002).

5. On the part of their children , according to DSWD, such children suffer the traumatic effects for the rest of their lives. Their chances of becoming perpetrators are higher than those of children who are not exposed to domestic violence.

CHAPTER IVSUMMARY, CONCLUSIONS AND RECOMMENDATIONS

Violence against women or domestic violence centered among women, as used interchangeably in this study, is indeed a serious problem. It violates and impairs the enjoyment by women of human rights and fundamental freedom. It limits women’s opportunities to achieve legal, social, political and economic equality in society. (Women’s Legal Bureau, Inc., 1998)

The Philippine National Police (PNP) says the law effectively encourages victims to come forward and report their case to the authorities. In less than ten years, police have noted a big leap in the number of cases reported to them wherein husbands are the primary perpetrators, some are boyfriends or unmarried partners.

CONCLUSIONSViolence against woman and their children has been one of the

primary concerned of the government. Through laws promulgated, the society could tell that the government adheres to the voice of the women. That our rights and our value had been seen.

May it be our past culture that men are always powerful than woman, in our present era, woman had been treated equally from simple tasks up to the highest profession. Hence, as an individual, violence could end by helping police officers, NGOs, and other local government units concerned by educating those woman who doesn’t even know to defend herself.

Police officers on the other hand, may only assist victims who filed complaint in their headquarters. It is still important that those victims be given information on how they will end their tragic fate.

RECOMMENDATIONS

1. The risk of violence against women and children could be lessen through proper education.

2. Those women suffering in battered wife syndrome should be treated well through various psychological programs or activities to regain their self-esteem and confidence.

3. I strongly suggest to improve the seminars and workshops conducted in every place in the Philippines making it capable to reach out large number of women.

END OF

PRESENTATION