Documente Academic
Documente Profesional
Documente Cultură
1 COMMISSION ON ELECTIONS
lntramuroa, Man Ila
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A PRIMER ON REPUBLIC ACT NO. 9262
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l THE ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN (ANTI-VAWC)
ACT OF 2004
and BARANGAY PROTECTION ORDER (BPO)
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I Introduction
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CHAPTER ONE. The Anti-Violence Against
Womenand their Children Act . 1.
APPENDICES
APPENDIXAorDILGVAWC Form No.1 63
Application For m
1
APPENDIX E or DILG VAWC For m No. 5 71
1. What is VAWC?
1
those who are not her biological children but
live with her, such as her nephews or nieces,
and children of her "kasambahay".
a) Husband
b) Ex-husband
1
Section 3 (a) of RA No. 9262
.1. 1..u:: .lll.lu- v 1u1cuct= AglllllSt women
1
Their Children and Their Children 13
c) The man or woman with whom she has
or had a dating or sexual relationship relationship". So if the offender threatens to
l d) The man with whom she has a child 2 publicly humiliate the woman after they had
a one sexual act, the woman can file for a
Protection Order and/ or a criminal case.
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Note: Past or present dating or sexual
relationship, present or past live-in partner, 7. What acts are included in VAWC?
or formerly married to the offender.
1. Physical violence
4. Can a woman who is not married to the 2. Sexual violence
offender be protected by the Anti-VAWC 3. Psychological violence
Act? 4. Economic abuse
5. Other forms of violence such as
Yes, when the woman has a sexual or subjecting the woman to public ridicule
"dating" relationship with the offender or or public humiliation4
she has a child with him.
8. What is "physical violence''?
What is a "dating relationship"? What if
there was no sexual act (just dating)? "Physical violence" refers to acts that include
bodily or physical harm such as punching or
slapping the woman. s
"Dating relationship" refers to a situation
wherein the parties live together without 9. What is "psychological violence"?
marriage or when they are romantically
involved with each other. It is not necessary "Psychological violence" refers to acts or
that parties have sexual relationship, it is omissions causing or likely to cause mental
sufficient that they are just romantically or emotional suffering of the victim such -as
stalking or threatening to deprive or actually
involved over time. 3 depriving the victim of custody of her child.6
6. Can a woman who had a single sexual act "Stalking" refers to the intentional act of
J with the offender file a case under the
Anti-VAWC Act?
following the woman or placing her under
surveillance, directly or indirectly or
combination thereof. 7
j Yes, a single sexual act is included in "sexual
4
Section 3 of RA No. 9262
5
Section 3 (a) (a) of RA No, 9262
2
ibid 6
Section 3 (a) (c) of RA No. 9262
3'Rnc:bn Anav rnnrtnf"AnnP.:11 GR No. 1R2R1.S.Anri120.2010 7 - . .... r 1, r 'r"1, , , T ,-.,... ,,...
1 The Anti-Violence Against Women and The Anti-Violence Against Women
4 I
l Their Children
13. What is "sexual violencs"?
and Their Children 15
1
"Indirectly" means using other persons to
stalk the woman. "Sexual violence" includes rape, sexual
harassment or acts of lasciviousness. 11
10. Is a husband's infidelity a form of
violence? Examples:
1
Yes, it is a form of psychological violence. 8 a) forcing the woman to have sex or
while a child is present
They must be married, because R.A No. forcing the woman to watch obscene
1
b)
9262 states "marital infidelity". films
,41
l A'hat
lfV I is "economic abuse"? 14. Can a husband who forces his wife to
have sexual intercourse be liable under
It refers to an act which makes or attempts the Anti-VAWC Act?
to make the woman financially dependent
on the offender, such as not allowing the Yes, he is liable under Republic Act 8353
wife to engage in a legitimate work, or solely (The Anti-Rape Act of 1997) for marital rape
controlling conjugal funds or properties, or and also for sexual violence under the Anti
taking the income of the woman. 9 VAWC Act. The wife can be granted a
protection order to ensure her safety.
...
1 "' 111
the husband refuses to give
1.lflflhen
The Protection Order can order the husband
sufficient support to his wife, is that an to:
actofVAWC?
J yes.10 For example, if he gives an insufficient
a.)
b.)
Leave the house
Stay away from his wife
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amount of support even if he is financially c.) Give financial support to wife and
capable. minor children. If they are not married,
then only the children are entitled to
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support.
15. What are the reliefs available to the
woman?
l a.
b.
Barangay Protection Order
Temporary Protection Order or
16. Who can file fora Petition for Temporary
Protection Order and Permanent
Protection Order?
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Permanent Protection Order
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required before a woman can file for a b) Parent or guardian of thewoman
Protection Order in court. c) Relatives within the 4th civil degree of
consanguinity or affinity of the woman,
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The Temporary Protection Order (TPO) is such as aunts, uncles and first cousins,
issued by the Judge before the hearings and persons married to them
' d)
begin. The Judge can grant an ex parte TPO Social workers (from the local
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within 24 hours from application, without government unit of DSWD)
notice to the respondent. e) Police officers
f) Punong Barangay or Barangay
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A TPO is valid for 30 days. The Judge can Kagawad
renew the TPO until the hearings are g) Lawyers, therapist, counsellor or health
finished and a Permanent Protection Order care provider of thewoman
f
(PPO) is issued. The Judge may also give a h) At least two (2) responsible citizens of
Decision that a PPO will not be granted, the city or municipality where the
based on the evidence. VAWC occurred who have personal
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knowledge of the offense committedl.3
2. File a criminal complaint - VAWC is a public
crime 17. How does one get a
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Moral damages include physical suffering, mental anguish, fright, serious
for Protection Order.
anxiety, besmirched reputation, wounded feelings, moral shock, social If there is no Family Court, it may be filed
hwniliation, and similaF injury. (Article 2217, Civil Code of the with the Regional Trial Court, Metropolitan
Philippines) Trial Court, Municipal Trial Court in Cities,
Exemplary or corrective damages are imposed, by way of example
or correction for the public good, in addition to the moral, temperate,
Municipal Trial Court or. Municipal Circuit
liquidated or compensatory damages. (Article 2229, Civil Code of the
PhilinninP.c:)
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where the woman lives. 14 e) the woman and her children or any family or
household member; or
18. What if the woman doesn't have a f) the residence, school, plae of employment, or
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lawyer? any place frequented by the woman or any
designated family or household member
The Clerk of Court can assist the woman in g) Direct and automatic remittan.e of a part of the
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filling up a form for Application or Petition respondent's salary as support
for Protection Order. The Public Attorney's h) Granting temporary or permanent custody of
Office (PAO) can also prepare the petition. the minor children to the woman
1 b)
any act ofVAWC
Prohibiting respondent from harassing,
annoying, telephoning, contacting or
Note: Legitimate and illegitimate children are
entitled to supportfrom their parents16
15
Section 8 of RA No. 9262
14 16
Section 11 ofRA No. 9262 Articles 174 and 176 oftbe Family Code of the Philippines
J.U I .1 ne ann- v101ence Against Women and The Anti-Violence Against Women
Their Children and Their Children 111
21. If a man files for protection order or
custody of children, can a Protection For threats of physical violence: 4 months, 1
Order under R.A. No. 9262 be issued by day to 6 months imprison ment18
the court against the woman?
24. Until when can the woman file a criminal
No, a Temporary or Permanent Protection case for the violation of the Anti-VAWC
Order cannot be issued against a woman to Act?
protect a man, such as her husband or her
Hv&i-in partner, or order her to stay away She can file the criminal case within 10 or 20
from her child, even if he alleges that the years. 19
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woman is abusing their child. 11
For deprivation of support, the wife can file
22. What criminal case can the woman file? a criminal case within 20 years.
t 23.
municipalities) Prosecutor or the Police.
What is the penalty for the violation of the
she only decided to file the complaint for
violation of Anti-VAWC Act three (3)
years after his last physical violence and
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Anti-VAWC Act? they separated. Can she still file the
complaint?
For physical violence:
1 a)
b)
Parricide - life imprisonment
Murder - 17 years, 4 months and 1 day
Yes. Under Sections s(a) to s(f) of the Anti
VAWC Act she has twenty (20) years to file
the complaint from the time the physical
to life impriso.nment violence happened.20
{ c) Homicide - 17 years, 4 months and 1
day imprisonment 26. What are the rights of VAWC victims
1 e)
Code
To be informed of their rights and the
services available to them including
No, the woman may still have custody over
her children23.
I their right to apply for a protection
order21 31. Will the custody of children be give to
the husband/partner of the woman with
27. What is "Battered Woman Syndrome" BWS?
(BWS)?
No.24
"Battered Woman Syndrome" refers to a
scientifically defined pattern of 32. If the father of a minor child does not give
psychological and behavioral symptoms financial support, what criminal cases
found in women living in battering can be filed against him?
situations as a result of cumulative abuse .22
Violation of Section s (e) (2) of the Anti
f 28. Howwi/1 it be proven that the woman has
BWS?
VAWC Act and R.A. No. 7610 (Anti-Child
Abuse Law)
1
government organization counsellor who under the Anti-VAWC Act?
helped the woman.
Yes, depriving the wife or threatening the
29. What if it is proven in court that the wife that he will deprive her of custody of
w9man has BWS? their minor children is psychological abuse.
The court can acquit ("not guilty" sentence) 34. ls there any liability for persons who
J the woman
who killed or injured her come to the aid of the woman when they
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21 23
Section 35 of RA No. 9262 Section 28 of RA No. 9262
22
Section 3 (c) of RA No. 9262 24 ibid
enter her house upon hearing her shouts
for help?
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violation of the Anti-VAWC Act if he or
she includes in the TV report the name a) Causing physical harm to the woman
and face of the woman, and other and/or her child; and
information without her consent? b) Threatening to cause the woman or her
child physical harm. 2s
The reporter can be liable for contempt of
court. All records pertaining to cases of "Ex parte" BPO means the respondent is not
VAWC are confidential. The court may also notified and he is not present when the
impose a penaity of one (1) year woman is being interviewed.
imprisonment and a fine not more than Five A BPO may also prohibit the respondent
Hundred Thousand Pesos (P500,ooo.oo). 26 from harassing, annoying, telephoning,
contacting or communicating with the
36. Can the Judge advice the woman to woman, directly or indirectly.29
reconcile with her husband or partner or "Indirectly" means committing these acts
compromise or withdraw her civil case through other persons.
for protection order or criminal case?
A sample BPO is in Appendix A, DILG
No. Tb.e Judge may not do so, otherwise he VAWC FormNo.1.
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26
27
Section 34 of RA No. 9?62
Section 44 of RA No. 9262 28
Section 14, RA No. 9262.
Section 33 of RA No. 9262 and Section 27, Rule IV, IRR of RA No. 9262 29
Section 13, Rule IV, IRR of RA No. 9262
(
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16 The Anti-Violence Against Women and The Anti-Violence Against Women
Their Children and Their Children 117
2. What are the grounds for the issuance of
aBPO? h) At least two (2) concerned responsible
citizens of the city or municipality
f a) causing physical harm to the woman or where the VAWC occurred who have
her child; or personal knowledge of the offense
b) threatening to physically harm the committed31
{ woman or her child
A sample BPO application form is m
Appendix B, or VAWC Form No. 2.
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Example: verbal abuse with threat of
physical harm.
5. Who is the respondent in an application
3. How long is the effectivity of a BPO? for a BPO?
r
Any of the following: relationship, meaning in the past or at
present
a) Thewoman
b) Parents or guardians of the woman 6. Where do you apply for a BPO?
c) Relatives within the 4th civil degree of
f consanguinity or affinity of the woman,
such as aunts, uncles and first cousins
a) In the barangay where the woman lives
at present
d) Social workers (local government unit b) In the barangay where the respondent
f e)
orDSWD)
Police Officers
lives, if he lives in another barangay in
the same city/municipality32
t) Punong Barangay or barangay
f )
kqgawad
Lawyers, therapist, counsellor or health
Example: Luis lives in Barangay Bagumbayan,
Quezon City. Rosanna lives in
g
care provider of the woman; and Barangay UP Diliman, Quezon City.
f
31
Section 9, RA No. 9262
32 --- 1 n <>n ,;:PM-inn l 'i Rule TV. IRR of RA No. 9262
18 I The Anti-Violence Against Women and The Anti-Violence Against Women
Their Children and Their Children j 19
File the application for
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BPO m
Barangay Bagumbayan. 10. Is there a fee for an application for a
BPO?
i. What should the woman file or do if the
respondent lives in another city or None.3s
municipality?
11. Is proof of physical injuries or Medico
She should file a petition for Temporary Legal Certificate required before a BPO
Protection Order and Permanent Protection can be granted?
Order in the Family Court where she lives at
present.33 No. But it is advisable that the woman
should get one, together with pictures of her
1 8. What is the duty of the barangay official injuries. She might file an application for
if the respondent lives in another Protection Order in court or a criminal case
municipality or city? and these evidence will be useful.
The barangay official cannot issue a BPO to 12. Do you need a marriage certificate to
someone who does not live within the apply for a BPO?
barangay.
No, because VAWC can be committed by the
So the barangay official should assist the respondent who is not married to the woman.
woman in filing a criminal complaint with
the police and/ or in filing an application for 13. What should the barangay official do
Protection Order in court. when a woman applies for a BPO?
9. How do you apply for a BPO? a) Assist the woman in filing her
application for a BPO
By filling out an application form and b) Make sure that the date and place of
signing it. If the woman cannot write her the commission of the offense, the
name, she can affix her thumb mark. The nature of the abuse, weapon used, and
"7oman should attest before the Punong witnesses if any, are stated in the
Barangay or any kagawad as to the truth of application
her statements. It is not required to be c) Require the woman to take an oath as
notru:ized. 34 to the truthfulness of her statements
d) Issue a BPO ex parte within 24 hours
e) If the woman is injured,. bring her to a
33
do.ctor or hospital
Section 15, Rule N, IRRofRANo. 9262
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The Anti-Violence Against Women
20 I The Anti-Violence Against Women and
and Their Children 121
Their Child.ten
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15. What can the woman do if the barangay
official failed or refused to issue the BPO
within 24 hours from application? y barangay kagawad in the barangay can
ISsue the BPO.
1
for failure to perform his/her duties.
The complaint must be filed with the
Sangguniang Panglunsod or Bayan. ss Barangay officials have to perform their
1l) She can go to the police station to duties regardless of any personal
relationship with the perpetrator. The
complain against the perpetrator.
Punong Barangay can inhibit himself or
c) She can go to the Clerk of Court of the
Family Court where she lives and herself and assign the case to a kagawad.
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39
Section 33, RA No. 9262, repealing Sections 410, 411, 4 I 2 and 413 of the
36
Ibid Local Government Code.
37 c:..,-tinn 14 RA No. 9262 40 <:.. ,..;,..n 1.d. l?nl,. TV T'Ql? nfl? A Nn 0'7i<.'7
22 I The Anti-Violence Against Women and The Anti-Violence Against Women
Their Children and Their Children 123
1
occurring; or c) Record the arrest in the barangay
b) When the barangay official has logbook and fill up the Incident Report.
personal knowledge that the act of
violence has just been committed and
A sample DILG Incident Report Form is
he/she has probable cause to believe
AppendixC, or DILG VAWCjormNo. 3.
that the person to be arrested has
committed it; and 20. Can a BPO remove respondent from the
c) When in the presence of imminent house?
danger to the life or limb of the
woman. 41 No, a BPO cannot order the respondent to
Duties of barangay officials who conduct leave the house. But the barangay officials
should advise the respondent to obey the
warrantless arrest:
BPO or else they can file a criminal case for
violation of the BPO.
a) Confiscate any deadly weapon in the
possession of the perpetrator or within Violation of the BPO has a penalty of 30
their plain view. 42 days of imprisonment.
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penal establishment or place where he is servmg final Judgment or is violence or threats of physical violence and
.
temporarily confine<! while his case is pending, or has escaped while does not give support, a BPO may be issued.
being transferred from one confinement to another.
In cases falling under paragraphs (a) and (b) above, the person ed
without a warrant shall be forthwith delivered to the nearest police station "The barangay official should serve the BPO
or jail and shall be proceeded against in accordance with section 7 of on the _respondent and require him to go to
Rule 112. (Section 5. Rule 113, Revised Rules on Criminal Procedure) e. baranay for counseg (papayuhan)
l 24 I The Anti-Violence Against Women and
Their Children
The Anti-Violence Against Women
and Their Children 125
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support is a crime under the Anti-VAWC Act respondent?
and the Anti-Child Abuse Act.
Any barangay official, together with the
1
The woman can file a petition for support in barangay tanod shall serve the BP0. 43
court, with an application for protection He/She can call for police assistance. 44
order.
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25. What if the respondent refuses to receive
22. What is the duty of the barangay official theBPO?
if the respondent is not giving support?
The barangay official should leave a copy of
The barangay official should assist the the BPO at the place where the respondent
woman by bringing her to the Clerk of Court lives in the presence of two (2) witnesses.
of the Regional Trial Courts (RTC) [or The barangay officials serving the BPO shall
Municipal Trial Courts if there is no RTC] execute an affidavit stating how he/she
who will assist her in filing an application served the copy of the BPO and attach to it
for protection order and support. his/her report to the Punong Barangay. 45
23. What must the woman do if she wants to 26. What is the penalty for violation of a
claim support from the respondent or if BPO?
she wants to remove respondent from
their house? Thirty (30) days of imprisonment. 46 The
woman or the barangay officials can file a
The woman should file a Petition for complaint for violation of BPO in the
Temporary and Permanent Protection Order Prosecutor's Office or with the Police.
and Support in the Family Court where she
lives, and include a prayer that the
respondent be removed from their house.
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43
Section 14 RA No. 9262
44
Section 47, Rule VIII, IRR of RA No. 9262
45
Section 14, Rule IY, IRR of RA No. 9262
46 nn '?1 RA Nn Q'?i<,?
26 I The Anti-Violence Against Women and The Anti-Violence Against Women
Their Children and Their Children 127
27. Are barangay officials, tanod, police
officers, or social workers liable for 1. Respond immediately to the
administrative or criminal cases or for woman's call for help and ensure
damages when they respond to a call for her safety.
help? 2. Confiscate deadly weapons in
plain view.
No, they are not liable, provided that they 3. Arrest the perpetrator if crime was
did not use violence or restraint greater than committed in the barangay
necessary to ensure the safety of the official's presence, or has just been
woman. 47 committed and there is reasonabie
ground to believe that the
28. What are the duties of the barangay perpetrator did it. Bring the
official or barangay tanod who respond perpetrator to the police station
to a call for help from the woman or her immediately.
neighbors? 4. Bring the woman to a doctor,
hospital or a safe. place.
a) Enter the house and ensure the 5. Assist the woman in removing
woman's safety personal belongings from her
b) Bring the woman and children to a house.
doctor, or the barangay hall for their 6. Issue a BPO.
I
Development (DSWD) pangangalaga, kagaya ng pamanagkin o 'di
DSWD National (02) 488-31-10,
734-86-42, 7348622 kaya'y anak ng kanyang kasambahay.
Capital Region
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PNPWomenand (02) 410-3213 3. Sino ang maaaring mapanagot sa
Children's Center, VAWC?
CampCram e
a) Ang asawang lalake
b) Dating asawa
c) Kasalukuyan, o dating, kasintahan o
kinakasama
d) Arna ng kanyang anak
l 32 1 The Anti-Violence Against Women and
Their Children ana .1 ncu: "v1U'4&. ...
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Tandaan: Kasali sa mga maaaring managot ang halimbawang takutin ng taong inirereklamo
karelasyon (dati o kasalukuyan man), ang babae na hihiyain niya ito sa publiko,
kinakasama (dati o kasalukuyan), at asawa .maaaring hurningi ng protection order o di
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nang sila ay nagsama na parang mag-asawa,
o di kaya'y naging magkasintahan.
Ito ay ang pagdudulot ng takot o
6. Maaari bang magsampa ng reklamo,
j
pagkabagabag sa isipan ng babae, kagaya ng
p ayon sa Anti-VAWC Act, ang babaeng malimit na pagsunod sa kanya, o di kaya'y
nagkaroon ng kahit isang sekswal na pagmamanman dito. Maaaring ito ay
1
ugnayan sa taong inirereklamo? ginagawa mismo ng taong inirereklamo, 9 sa
. pamamagitan ng ibang tao na inutusan niya.
Oo. Ang kahit iisang sekswal na ugnayan ay
kasama sa "sekswal na relasyon" na sakop Sikolohikal na pang-aabuso rin ang pag
din ng Anti-VAWC Act. Kaya naman kung agaw, o pagbabantang aagawin, mula sa
babae ang kanyang mga anak.
l 34 J The Anti-Violence Against Women and The Anti-Violence Against Women
Their Children and Their Children 35
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nagbibigay ang asawang /alake ng sapat
na suporta sa kanyang asawa? Maaaring i-utos ng nasabing "protection
order" sa lalake na:
J
Oo. Halimbawa nito ay kung hindi sapat ang
ibinibigay niyang pinansyal na suporta kahit a) lisanin nito ang bahay nilang mag
sapat naman ang kanyang kabuhayan o asawa
J
kinikita para magbigay ng wastong halaga. b) Lumayo sa kanyang asawang babae
c) Magbigay ng pinansyal na suporta sa
asawang babae at mga anak nila
na menor de edad. Kung hindi sila
ikinasal, tanging mga anak nila
ang may karapatan sa suporta.
1 36 I The Anti-Violence Against Women and
Their Children
The Anti-Violence Against Women
and Their Children 137
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Mga magulang o tagapangalaga ng
babae
1. Mag-aplay ng Protection Order
3. Kamag-anak ng babae o kamag-anak
I
,.
Barangay Protection Order
Temporary Protection Order o
ng kanyang asawa sa loob ng ika-apat
na antas, tulad ng tiyahin, tiyuhin,
Permanent Protection Order pinsang buo, at asawa ng mga naturang
kamag-anak
Ang Temporary Protection Order (TPO) ay 4. Social Worker (mula sa lokal na yunit
maaaring i-isyu ng Hulmm bago pa man ngDSWD)
matapos ang paglilitis ng isang kaso. Maaari 5. Pulis
niya itong i-isyu nang walang abiso sa taong 6. Punong Barangay o Barangay Kagawad
I
inirereklamo, sa loob ng 24 oras.
7. Abogado, therapist, tagapayo o taga
Tatlumpung (30) araw ang itinatagal ng pangasiwa ng kalusugan ng babae
I
TPO. Maaari itong i-isyu uli ng Hukom 8. Dalawang (2) o higit pang
hanggang matapos ang pagdinig sa kaso. responsableng mamamayan ng lungsod
Maaari ring magdesisyon ang Hukom na o munisipyo kung saan naganap ang
hindi kinakailangan ang TPO, batay sa VAWC, at may personal na kaalaman
ebidensya
ukol sa inisidente ng VAWC.
J
Maaari rin siyang maglabas ng Permanent
Protection Order kung makita niya na batay 17. Paano makakakuha ng
sa ebidensya ay kailangang gawin pang Temporary/Permanent Protection Order?
l
matagalan angprotection order.
Maumite ng sinumpaang petisyon sa
2. Magsampa ng kriminal na reklamo - ang Famzly Court kung saan nakatira ang babae.
VAWC ay isang krimen laban sa taongbayan Maaring tulungan ng Clerk of Court ang
{ 3. ,.Magsampa ng kaso para sa kabayaran o
danyos - ang biktima ng VAWC ay may
babae sa pamamagitan ng pagtulong ditong
punuan o sulutan ang application form para
16. Sino-sino ang mga maaring mag !{un walang Family Court, maaari ring
petisyon para sa Temporary Protection lSUimte ang petisyon sa Regional Trial
n.,1,,..r !!:t# Prmanent Protection Order? Court, Metropolitan Trial Court Mu nicipal
I 38 I The Anti-Violence Against Women and
Their Children
The Anti-Violence Against Women
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and Their Children j 39
Trial Court o Municipal Circuit Trial Court
kung saan nakatira ang babae. babae at sa kanyang mga anak,
sinurnang kapamilya o kasama sa
18. Paano kung walang abogado ang babae? bahay; o
bahay, paaralan, lugar ng
Maaaring tulungan ng Clerk of Court ang trabaho, o anumang lugar na
babae sa pagpuno ng application fonn o madalas puntahan ng babae, anak,
petisyon para sa Protection Order. Ngunit kapamilya o ka.sama nito sa
I
dapat ay may abugado na siya kapag nililitis bahay;
o dinidinig na ang kaso. Kung wala siyang
makuhang abugado, o hindi niya kayang e) Pag-uutos na maaaring gamitin ng
I
magbayad para dito, maaari niya itong babae ang isang sasakyan at mga
ipaalam sa Clerk of Court, nang sa gayon ay mahahalagang personal na gamit, kahit
mag-talaga ang korte ng isang abugado para
I
sakanya. pa ito ay pag-aari ng taong
inirereklamo o ng iba pang may
19. Ano ang mga maipagkakaloob ng TPO at kaugnayan sa kanya;
I
PPO? f) Pagbibigay ng pangangalaga/kustodiya
ng mga menor de edad na anak sa
Ang TPO at PPO ay maaaring magkaloob ng babae;
I
ilan o lahat ng mga sumusunod:
g) Awtomatikong pagbigay ng isang
a) Pagbabawl sa taong inireklamo na
a bahagi ng sahod ng inirereklamo sa
I gawin, o magbantang gawin (personal babae bilang suporta, kung ang babae
man o sa pamamagitan ng ibang tao) ay asawa nito; o 'di kaya'y para sa mga
ang mga gawaing VAWC; medor de edad na anak nila, kahit pa
b) Pagbabawal sa taong inirereklamo na hindi ikinasal ang babae sa taong
takuti.n, inisin, tawagan o ugnayan inirereklamo;
1 na tinitirahan ng babae;
Pag-uutos sa taong inirereklamo na
gamit na nasira, tulong medikal at
maging sa pangangailangan ng kanilang
lumayo (sa distansyang tinukoy ng anak, at kawalan ng kabuhayan;
{ liukuman) mula sa: j) Pag-uutos sa DSWD na tulungan ang
babae sa mga pangangailangan nito.
I 40 I The Anti-Violence Against Women and The Anti-Violence Against Women
I
Their Children and Their Children 141
20. Anu-ano pa ang mga aksyong pansibil na
maaaring isampa kasama ng TPO at
I
PPO? 23. Ano ang parusa para sa VAWC?
J
and Their Children 143
25. Takot na takot si Jane sa kanyang
kinakasama na limang taon siyang paulit
1
ulit na binubugbog. Nagdesisyon siyang .A.ng "Battered Woman Sydrome" ay mga
magsampa ng reklamo para sa paglabag sintomas na mad.alas makita sa mga
ng Anti-VAWC tatlong (3) taon matapos babaeng biktima ng karahasan sa mahabang
ang huling pisikal na karahasan at sila'y panahon. Ang mga sintomas na ito ay
naghiwalay. Maaari pa rin ba siyang maaaring makita sa kung paano siya mag
magsampa ng reklamo? isip, o di kaya'y sa kanyang pagkilos.
1
ng babae sa taong nambubugbog/nananakit
c) Suporta mula sa DSWD at LGU sa kanya.
d) Lahat ng remedyo at suporta na
ibinigay sa ilalim ng Family Code
,. e) Malaman ang kanilang mga karapatan
30. Hindi ba maaaring ibigay sa babaeng
at ang mga serbisyo na nakalaan para
may BWS ang pangangalaga sa kanyang
sa kanila, kasama na ang kanilang mga anak?
.. karapatan na mag-aplay para sa isang
protection order Maari itong ibigy. May karapatan pa ring
mangalaga ng kanyang mga anak ang
27. Ano ang "Battered Woman Syndrome" babaeng may BWS.
44 I The Anti-Violence Against Women and The Anti-Violence Against Women
Their Children and Their Children I 45
I
ang pag-responde o pagtulong nila ay
anak? naaayon sa batas. Dapat maipakita na hindi
sila gumamit ng karahasan o pwersa na higit
Hindi. sa kinakailangan para masiguradong ligtas
ang biktima
32. Anong kasong kriminal ang maaaring
isampa Jaban sa ama ng isang menor de 35. Ano ang pananagutan ng isang reporter
edad na anak na hindi nito binibigyan ng na nag-rereport sa nakabinbing kaso sa
pinansya/ na suporta? hukuman para sa paglabag ng Anti
VAWC Act kung ipakita niya sa kanyang
Paglabag ng Seksyon 5 (e) (2) ng Anti TV report ang pangalan, mukha o iba
VAWC Act at R.A. No. 7610 (Anti-Child pang impormasyong tungko/ sa
Abuse Law) biktimang babae na wa/ang pahintulot
nito?
33. May pananagutan ba sa Anti-VAWC Act
ang asawang la/ake na pi/it ipinagkakait Maaring ma-contempt ng hukuman ang
sa babae ang kanilang mga anak na rporter. Lahat ng mga tala o rekord na may
menor de edad? kinalaman sa mga kasong isinampa sa ilalim
I
ng Anti-VAWC Act ay kumpidensyal at
Oo, pang-aabusong sikolohikal ang pribado. Ang sinumang lumabag dito ay
pagkakait sa babae ng kanyang mga anak. maaaring parusahan ng isang (1) taon ng
1
kanyang anak.
Ang ibig sabihin ng ex parte ay hindi
aabisuhan ang taong inirereklamo at wala
I
d) Arna ng kanyang anak
4. Sino ang maaaring kumuha ng BPO?
Tandaan: Maaaring panagutin ang nakaraan o
I
1. Angbabae kasalukuyang
2. Mga magulang o tagapangalaga ng karelasyon/kinakasawa/asawa ng
babae babae kung sila ay gumawa ng mga
J ..
tulad ng tiyahin, tiyuhin at mga
pinsang buo
Social Worker (mula sa lokal na yunit a) Sa Barangay kung saan nakatira o
4. pansamantalang namamalagi ang
ngDSWD) babae
5. .. Pulis b) Sa Barangay kung saan nakatira ang
6. Punong Barangay o Barangay Kagawad inerereklamo, kung ito ay hindi sa
7. Abogado, therapist, tagapayo o taga barangay kung saan nakatira ang babae
pangasiwa ng kalusugan ng. babae at ang dalawang barangay ay nasa
parehong syudad o munisipalidad
50 l The Anti-Violence Against Women and The Anti-Violence Against Women
Their Children and Their Child.ten 151
Halimbawa: Naninirahan si Luis sa Barangay
Bagumbayan, Quezon City.
Naninirahan naman si Rosanna sa Maaaring mag-aplay para sa BPO sa
Barangay UP Diliman, Quezon City. pamamagitan ng pag-sumite sa mga opiysal
Maaaring i-sumite ang aplikasyon ng barangay ng isang aplikasyon. Dapat
para sa BPO sa Barangay itong pirmahan ng babae. Kung hindi niya
Bagumbayan. kayang isulat o ipirma ang kanyang
pangalan, maaari niyang ilagay na lamang
7. Ano ang dapat gawin ng babae kung ang kanyang thumb mark. Dapat sumpaan
nakatira ang inirereklamo sa ibang ng babae, sa harap ng Punong Barangay o
syudad o munisipalidad (hindi nakatira sinumang kagawad na naka-duty, na ang
sa iisang syudad o bayan ang babae at lahat ng kanyang paratang ay totoo. Hindi
ang inirereklamo)? kinakailangang ipa-notaryo ang aplikasyon.
Dapat siyang magsampa ng petisyon para sa 10. May dapat bang bayaran para sa BPO?
Temporary Protection Order at Permanent
Protection Order sa Family Court kung saan Wala.
siya nakatira.
11. Kailangan ba ng pruweba na sinaktan
8. Ano ang tungkulin ng opisyal ng ang biktima, o di kaya'y Medico Legal
barangay kung nakatira sa ibang Certificate, bago mabigyan ng BPO?
munisipalidad o bayan ang taong
inireklamo? Hindi. Ngunit pinapayuhan ang babae na
kumuha nito, kasama ng mga larawan ng.
Hindi maaaring mag-isyu ng BPO ang kanyang mga sugat o pasa dahil maaari
opisyal ng barangay laban sa isang taong niyang gamiting ebidensya ang mga ito
hindi nakatira sa barangay na nasasakupan. kapag nagsumite siya ng petisyon para sa
protection order o di kaya'y kasong kriminal
Kahit na hindi siya maaaring mag-isyu ng sa korte.
BPO, dapat pa rin niyang tulungan ang
J
,. babae sa pagsampa ng reklamo sa pulls, at 12. Kai/angan ba ng marriage certificate para
sa pag-sumite ng aplikasyon para sa makakuha ng BPO?
protection order sa korte.
..
J Hindi, dahil hindi lamang asawang lalaki
ang maaaring gumawa ng VAWC laban sa
babae.
Their Children
13. Ano ang dapat gawin ng opisyal ng
barangay kapag humiling ng BPO ang
I
babae, at hindi ang Lupong
isang babae na biktima ng VAWC?
Tagapamayapa.
a) Tulungan ang babae sa pagsumite ng
I
15. Ano ang maaaring gawin ng babae kung
kanyang aplikasyon para sa BP? ayaw mag-isyu ng BPO ang opisyal ng
b) Siguraduhing nakasulat sa aplikasyo? barangay sa loob ng 24 oras?
I
ang petsa at lugar ng pangyay,
katangian ng pag-aabuso, at magmg
a) Maaari siyang magsampa ng
ang baril o iba pang deadly weapon na reklamong administratibo laban sa
ginamit sa insidente;
opisyal ng barangay sa hindi pagtupad
c) Siguraduhing sinumpaan ng babae ang
ng kanyang tungkulin. Ang reklamo ay
kanyangaplikasyon.
Mag-isyu ng BPO ex parte sa loob ng dapat isumite sa Sangguniang
d) Panlungsod o Bayan.
24oras. b) Maaari siyang pumunta sa istasyon ng
e) Kung nasaktan ang babae, dalhin siya
sa isang doktor o ospital. pulis para magsampa ng reklamo at
Humingi ng tulong mula sa DSWD hingin ang tulong nila.
f)
kung kailangan ng matitirahan ng 16. Maaari bang dinigin ng Lupong
I
babae at kanyang mga anak.
Tagapamayapa ang mga kasong
patungkol sa VAWC, o aplikasyon para
14. Sino ang maaaring mag-isyu ng BPO?
saBPO?
I
kaso at hayaang ang ibang kagawad ang
humawak nito. taong inirereklamo ang bahay nila ng
babaelmga anak?
19. Kai/an maaaring maaresto ang inireklamo
ng mga opisya/ ng barangay, o tanod, o Hindi. Ngunit maaari siyang paalalahanan
pulis, ng wa/ang warrant of arrest? ng opisyal ng barangay na sundin ang BPO,
dahil maaari silang magsampa ng laiminal
I a)
b)
Kapag may karahasang nagaganap; o
Kapag may personal na kaalaman ang
na reklamo sa oras na suwayin niya ito.
I
c) Kapag nanganganib ang buhay ng
babae o kanyang anak. reklamo ay ang hindi pagbibigay ng
pinansya/ na suporta ng /alaki?
Mga tungkulin ng opisyal ng
,. barangay na humuli nang walang warrant
J ofarrest:
Hindi. Ang BPO ay para lamang pigilan ang
karahasan o pagbabantang ginagawa sa
babae o sa kanyang anak.
j a) Kumpiskahin ang anumang baril,
kutsilyo, o ano mang gamit na Ngunit maaari ring mag-isyu ng BPO kung
maaaring gamiting ng taong maliban pa sa pananakit ay hindi rin
inirereklamo para makapanakit ng iba; nagbibigay ng pinansyal na suporta ang
taong inirereklamo sa kanyang asawa o mga
::mk.
56 I The Anti-Violence Against Women and The Anti-Violence Against Women
Their Children and Their Children 157
Tungkulin ng opisyal ng barangay na ihain
ang BPO sa inireklamo at papuntahin siya sa babae, at pag-uutos dito na bigyan ng
barangay para sa counselling. Dapat siyang suportang pinansyal ang babae.
paalalahanan na magbigay ng suporta at
ipaunawa sa kanya na itinuturing na krimen 24. Sino ang dapat magbigay ng BPO sa
ang patuloy niyang hindi paggawa sa inirereklamo?
tungkuling ito.
Ang mga opisyal ng baranggay, kasama ng
Maaari ring magsam.pa ng kasong sibil ang mga tanod, ang dapat na siyang maghain ng
babae para sa suporta, kasama ang isang BPO. Maaari silang humingi ng tulong mula
aplikasyon para sa protection order. sa pulis.
22. Ano ang tungkulin ng opisyal ng 25. Paano kung ayaw tanggapin ng
barangay kapag hindi nagbibigay ng inirereklamo ang BPO?
suportang pinansyal ang taong
inireklamo? Maaring mag-iwan ang opisyal ng barangay
ng isang kopya ng BPO sa bahay ng
Tungkulin ng opisyal ng barangay na inirereklamo, kaharap ang dalawang (2)
tulungan ang babae at samahan sya Clerk of saksi. Dapat rin silang gumawa ng
Court ng Regional Trial Courts (RTC) [o sinumpaang salaysay na siyang
Municipal Trial Courts kung walang RTC] na nagdedetalye kung paano nila inihain ang
siyang tutulong sa kanya sa aplikasyon para kopya ng BPO, at isasama nila ang salaysay
sa protection order. na ito sa kanilang report sa Punong
Baranggay.
Ano ang dapat gawin ng babae kung nais
I
23.
niyang makakuha ng suporta mu/a sa 26. Ano ang parusa sa pag/abag ng BPO?
inireklamo o di kaya'y paa/isin ito mu/a
J
sa kanilang tirahan? Tatlumpung (30) araw na pagkakabilanggo.
Dapat na magsampa ng reklamo ang babae o
Dapat siyang magsampa ng petisyon para sa opisyal ng mga barangay sa Prosecutor's
I
J
" Temporary Protection Order at Suporta sa
Family Court at hilingin na paalisin ang
Office.
inirereklamo sa kanilang tirahan. 27. Mayroon bang pananagutan sa batas,
1
Wala. Kailangan lamang nilang ipakita na
hindi sila gumamit ng karahasan na higit sa 3) Dalhin ang babae sa isang doktor,
kinakilangan para masiguradong ligtas ang ospital o sa lugar kung saan siya ay
l babae. ligtas.
4) Tulungan ang biktima sa pagkuha ng
28. Ano ang tungkulin ng opisyal ng personal na pag-aari mula sa kanyang
I kontra VAWC?
Kapag napag-alaman ang isang kaso ng
VAWC, maaaring samahan ng opisyal ng
1
Tungkulin ng mga opisyal ng
barangay na tulungan ang babae sa barangay ang babae sa Women and Child
paghahanda ng aplikasyon para sa mga Protection Desk ng Pamabansang Pulisya
protection order. ng Pilipinas (PNP) para magsampa ng isang
kriminal na reklamo at, kapag
Tungkulin din ng mga opisyal ng barangay knakailangan, humingi ng tulong mula sa
i
l
sa babae. Sa pagkakataong kailanganin ng
babae ng pansamantalang tirahan, dapat
siyang bigyan DSWD o ng lokal na Oo. Dapat magbigay ang Punong Barangay o
pamahalaan ng ligtas na lugar na kagawad na naka-duty ng transportasyon at
matutuluyan. pang-gastos ng babae para sa pagsasampa
nito ng aplikasyon para sa isang protection
32. Matapos mag-isyu ng BPO at matapos order sa korte.
ibigay ito sa inirereklamo, ano ang dapat
gawin ng Punong Barangay? 35. Ano ang ang tungkulin ng Punong
Barangay ukol sa pag-uulat?
Dapat niyang siguraduhin ang pagsunod ng
taong inireklamo sa BPO, at sa oras na (a) Irekord ang lahat ng BPO na inisyu sa
labagin ito ng huli, dapat siyang magsampa isang talaan para sa mga kaso ng
ng reklamong kriminal para sa paglabag sa VAWC. Ang tala na ito ay
BPO. kumpidensyal at hindi maaring ilabas
sa publiko, lalung-lalo na sa media.
33. Paano dapat iulat ng Punong Barangay ( b) Punan ang DILG Monitoring Report
ang mga insidente ng VAWC at mga BPO (c) Isumite sa lokal na tanggapan ng DILG
na na-isyu ng barangay? ang isang quarterly (apat na beses sa
isang taon) na ulat ng lahat ng BPO na
Sa pamamagitan ng pagsumite ng buwanang inisyu ng barangay.
Monitoring Report sa Department of (d) Bigyan ang PNP Women and
Interior and Local Government (DILG). Children's Protection Desk ng kopya ng
lahat ng mga BPO na inisyu ng
Mayroong kopya ng DILG Monitoring barangay
Report sa Appendix D, DILG VAWC Form
No.4. 36. Saan manggagaling ang pondo ng
Barangay upang ipatupad ang R.A. 9262?
Mayroong kopya ng DILG Consolidated
Monitoring Report sa Appendix E, DILG Mula sa Gender and Development Fund
J
34.
VAWC Fonn No. 5.
CTRLNo. __
DILG Hotline (02) 925-0330 / 925-
BARANGAY PROTECTION ORDER
0331 / 925-8888
Philippine National 117 NAME OF RESPONDENT: __ ____________
(
ADDRESS: _________ __________
Police
Department of Social (02)931-81-01 to 07 ORDER
Welfare and Development __ __ _______ appl ied fora BPO on
l
(DSWD) _______ under oath stating that:
DSWD National Capital (02) 488-31-10, 734-
Region 86-42, 7348622
PNP Women and
Children's Center, (02) 410-3213
CampCrame After having heardthe application and the witnesses and evidence, the
undersigned hereby issues this BPO ordering you to immediately cease and desist from
causing or threatening to cause physical harm to
_____...;........___________ and/or her
child/children namely:
1
Punong Barangay
Signature Over Printed Name
Da te Issued:
"
1
Copyreceived by:
Signature OverPrinted Name
Da te received:
Served by:
Signature OverPrinted Name
ATI'ESTATION
(In case the Punong Barangay is unavailable)
..
5.
OCCUPATION/SOURCE OF INCOME: _ _ __ _____
ADDRESS_ ___________ _ TEL____
J CIVIL SfATUS: / / Single
I I Separated
/ / Married / / Widow / /
VERIFICATION OFPUNONGBARANGAY
I certify that the applicant for BPO who personally appeared before
me is a bona.fide resident of this barangay and is the same person who (B) Civil Status (C) Relationship to Perpetrator
supplied all of the above information and attest to the correctness of said
information. 0 Married OWtfe O Girlfriend
0 Separated D Ex-Wife 0 Dating relationship
D Widow
(D) Occupation/Profession: Complainant Perpetrator
f
Punong Barangay
Signature Over Printed Name II. INCIDENT DETAILS
(A) Date/s ofViolence Committed
I
Date Issued:
Date Reported ________ __
(B) Nature of Violence Inflicted by Perpetrator
0 Physical _______________
0 Sexual _______________
! 0 Psychological ______________
0 EconomicAbuse ______________
J
ill. ASSISTANCE EXTENDED/PROVIDED TO VICTIMS
.,. Specific
Service Provider Provided by: Remarks:
D Medical
D Counseling
0 Refferral to
0 Shelter
0 Issued BPO* Date:
I
I
68 I The Anti-Violence Against Women and
Their ChildJ:en 69
1
l
Date Accomplished (Signature Over Printed Name)
OFFICIAL ACCOMPLISHING THIS FORM
j
J p
..
I
1
hc Anti-Violence Against Women and Their Children
rAL I I L I I II I I I I +--1 1 1
Noted: Submitted by:
, VAWC Form# 5
CONSOLIDATED REPORT ON COMPLIANCE RE: RA 9262 (AVAWAC)
Asof ______
Region _____
----
City/ Total Total VAWC Cases Rcpmtcd TOIIII ClliCS A.Glcd Upon ProjeclS FWlds
Mun. Bgy. lmolemcntcd AIIOC81Cd Rcmctca
Physlc:al Sexual Psyc:ho Economic Rcfcmd Ratl:rred Rettrred Issued Referred
Abuse Abuse logical A.busc lo loPNP 10CoW1 Bl'Ot to Trainina u::c
Abuse I.SMPO Medical ---
-- ----- ,___.
----- -
----
- --- ---
m
CHILDREN, PROVIDING FDR PROTECTIVE MEASURES FOR VICTIMS,
I PRESCRIBING PENALTIES THEREFORE, AND FDR OTHER PURPDSES
March 08, 2004
Be it enacted by the Senate and House ofRepresentatives
of the Philippines in Congress assembled:
m
declared that the State values the dignity of women and
children and guarantees full respect for human rights. The
State also recognizes the need to protect the family and its
members particularly women and children, from violence
and threats to their personal safety and security.
Towards this end, the State shall exert efforts to
address violence committed against women and children
I
in keeping with the fundamental freedoms guaranteed
under the Constitution and the Provisions of the Universal
Declaration of Human Rights, the convention on the
1
Elimination of all forms of discrimination Against
Women, Convention on the Rights of the Child and other
international human rights instruments of which the
Philippines is a party.
SECTION 3. Definition of Terms.- As used in this
Act,
(a) "Violence against women and their children"
refers to any act or a series of acts committed by
j _,
any person against a woman who is his wife, former
74 I The Anti-Violence Against Women and The Anti-Violence Against Women
Their Children and Their Children 175
wife, or against a woman with whom the person omissions causing or likelv to cause mental or
has or had a sexual or dating relationship, or with emotional suffering of th victim such as but
whom he has a common child, or against her child not limited to intimidation, harassment.
whether legitimate or illegitimate, within or stalking, damage to property, public ridicule o
without the family abode, which result in or is humiliation, repeated verbal abuse and mental
likely to result in physical, sexual psychological
infidelity. It includes causing or allowing the
harm or suffering, or economic abuse including victim to witness the physical, sexual or
threats of such acts, battery, assault, coercion, psychological abuse of a member of the family
harassment or arbitrary deprivation of liberty. It to which the victim belongs, or to witness
includes, but is not limited to, the following acts: pornography in any form or to witness abusive
A "Physical Violence" refers to acts that include injury to pets or to unlawful or unwanted
bodily or physical harm; deprivation of the right to custody and/or
visitation of common children.
B. "Sexual violence" refers to an act which is sexual
in nature, committed against a woman or her D. "Economic abuse" refers to acts that make or
child. It includes, but is not limited to: attempt to make a woman financially dependent
which includes, but is not limited to the
a) rape, sexual harassment, acts of following:
lasciviousness, treating a woman or her
child as a sex object, making demeaning 1. withdrawal of financial support or
and sexually suggestive remarks, preventing the victim from engaging in
physically attacking the sexual parts of the any legitimate profession, occupation,
victim's body, forcing her/him to watch business or activity, except in cases
obscene publications and indecent shows wherein the other spouse/partner objects
or forcing the woman or her child to do on valid, serious and moral grounds as
indecent acts and/ or make films thereof, defined in Article 73 of the Family Code;
forcing the wife and mistress/lover to live 2. deprivation or threat of deprivation of
in the conjugal home or sleep together in financial resources and the right to the
the same room with the abuser; use and enjoyment of the conjugal,
acts causing or attempting to cause the community or property owned in
victim to engage in any sexual activity by common;
force, threat of force, physical or other 3.
harm or threat of physical or other harm or destroying household property;
coercion; 4. controlling the victims' own money or
properties or solely controlling the
c) Prostituting the woman or child. conjugal money or properties.
C. "PS1Jchological violence" refers to acts or (b) "Batten/' refers to an act of inflicting
76 I The Anti-Violence Against Women and The Anti-Violence Against Women
Their Children and Their Children j 77
physical harm upon the woman or her
child resulting to the physical and resident of which is willing temporarily to
psychological or emotional distress. receive the victim.
(c) "Battered Woman Syndrome" refers to a (h) "Children" refers to those below eighteen
scientifically defined pattern of (18) years of age or older but are incapable
psychological and behavioral symptoms of taking care of themselves as defined
found in women living in battering under Republic Act No. 7610. As used in
relationships as a result of cumulative this Act, it includes the biological children
abuse. of the victim and other children under her
care.
(d) "Stalking" refers to an intentional act
committed by a person who, knowingly SECTION 4. Construction.- This Act shall be
and without lawful justification follows the liberally construed to promote the protection and safety of
woman or her child or places the woman victims of violence against women and their children.
or her child under surveillance directly or
indirectly or a combination thereof. SECTION 5. Acts of Violence Against Women and
Their Children.- The crime of violence against women and
(e) "Dating relationship" refers to a situation their children is committed through any of the following
wherein the parties live as husband and acts:
wife without the benefit of marriage or are
l romantically involved over time and on a (a) Causing physical harm to the woman or her
continuing basis during the course of the child;
relationship. A casual acquaintance or (b)
J
Threatening to cause the woman or her child
ordinary socialization between two physical harm;
individuals in a business or social context
is not a dating relationship. (c) Attempting to cause the woman or her child
J (f) "Sexual relations" refers to a single sexual
act which may or may not result in the (d)
physical harm;
Placing the woman or her child in fear of
.. bearing of a common child.
(g) "Safe place or shelter" refers to any home or (e)
imminent physical harm;
Attempting to compel or compelling the
J
institution maintained or managed by the woman or her child to engage in conduct
Department of Social Welfare and which the woman or her child has the right
Development (DSWD) or by any other to desist from or desist from conduct which
II agency or voluntary organization the woman or her child has the right to
-1
accredited by the DSWD for the purposes engage. in, or attempting to restrict or
of this Act or any other suitable place the restricting the woman's or her child's
o.....:ln,.,., nf n,mrpn,pnt nr rnnrluct bv force or
I 78 I The Anti-Violence Against Women and The Anti-Violence Against Women
l
Their Children and Their Children 179
threat of force, physical or other harm or
threat of physical or other harm or (h) Engaging in purposeful, knowing, or
I
(1) Stalking or following the woman or her
(1) Threatening to deprive or actually child in public or private places;
depriving the woman or her child of custody
I
woman or her children of financial support
legally due her or her family, or deliberately (3) Entering or remaining in the dwelling or
providing the woman's children insufficient on the property of the woman or her child
1
financial support; against her/bis will;
(3)Depriving or threatening to deprive the (4) Destroying the property and personal
woman or her child of a legal right; belongings or inflicting harm to animals or
pets of the woman or her child; and
(4) Preventing the woman in engaging in
any_ legitimate profession, occupation, (5) Engaging in any form of harassment or
J
further harm, minimizing any disruption in the victim's
(d) Act-..s falling under Section 5(f) shall be daily life, and facilitating the opportunity and ability of the
punished by arresto mayor; victim to independently regain control over her life. The
l
provisions of the protection order shall be enforced by law
(e) Acts falling under Section 5(g) shall be enforcement agencies. The protection orders that may be
punished by prision mayor; issued under this Act are the barangay protection order
j
(BPO), temporary protection order (TPO) and permanent
(f) Jtcts falling under Section 5(b) and Section protection order (PPO). The protection orders that may be
s(i) shall be punished by prision mayor. issued under this Act shall include any, some or all of the
j
threatening to commit or committing,
applied shall be the maximum period of personally or through another, any of the
penalty prescribed in the section. acts mentioned in Section 5 of this Act;
I 82 I The Anti-Violence. Against Women and
Their Children
The Anti-Violence Against Women
and Their Children 183
1
to the possession of the automobile and to, property damage, medical expenses,
othe!' essential personal effects, or to childcare expenses and loss of income;
supervise the petitioner's or respondent's
removal of personal belongings; G) Directing the DSWD or any appropriate
agency. to provide petitioner may need; and
(f) Granting a temporary or permanent custody
(k) Provision of such other forms of relief as the
84 I The Anti-Violence Against Women and The Anti-Violence Against Women
Their Childten and Their Childten 185
court deems necessary to protect and (h) At least two (2) concerned resnonsible
provide for the safety of the petitioner and citizens of the city or municipality where the
any designated family or household violence against women and their children
member, provided petitioner and any occurred and who has personal knowledge
designated family or household member of the offense committed.
consents to such relief.
SECTION 10. Where to Apply for a Protection
Any of the reliefs provided under this section Order. - Applications for BPOs shall follow the rules on
shall be granted even in the absence of a venue under Section 409 of the Local Government Code of
decree of legal separation or annulment or 1991 and its implementing rules and rerulations. An
declaration of absolute nullity of marriage. aplication for a TPO or PPO may be filed the regional
The issuance of a BPO or the pendency of an trial .curt, etr?pol!tan trial court, municipal trial court,
application for BPO shall not preclude a mumc1pal crrcmt trial court with territorial jurisdiction
petitioner from applying for, or the court over the place ?f residence of the petitioner: Provided,
from granting a TPO or PPO. ho':"ever, That if a family court exists in the place of
re_s1dence of the petitioner, the application shall be filed
SECTION 9. Who may.file Petition/or Protection with that court.
Orders. - A petition for protection order may be filed by
any of the following: SECTION 11. How to Apply for a Protection
Order. - The application for a protection order must be in
(a) the offended party; writing, signed and verified under oath by the applicant. It
may be filed as an independent action or as incidental
(b) parents or guardians of the offended party; :elief in any civil or criminal case the subject matter or
ISSues thereof partakes of a violence as described in th.is
(c) ascendants, descendants or collateral
relatives within the fourth civil degree of
:'-ctA sd protection order application form, written
m English with lation to the major local languages,
consanguinity or affinity; shall e made available to facilitate applications for
J (d) officers or social workers of the DSWD or
social workers of local government units
proto order, and shall contain, among other, the
followmg mformation:
(LGUs); (a) names and addresses of petitioner and
p
(e) police officers, preferably those in charge of respondent;
women and children's desks;
Cb) description of relationships between
(f)
"'
Punong Barangay or Barangay Kagawad; petitioner and respondent;
(g) lawyer,. counselor, therapist or healthcare (c) a statement of the circumstances of the
provider of the petitioner; abuse;
86 I The Anti-Violence Against Women and The Anti-Violence Against Women
Their Children and Their Children 187
petitioner as specified in Section 8 herein;
SECTION 13. Legal Representation of Petitioners
(e) request for counsel and reasons for such; for Protection Order. - If the woman or her child requests
request for waiver of application fees until in the applications for a protection order for the
(f) appointment of counsel because of lack of economic
hearing;and
means to hire a counsel de parte, the court shall
(g) an attestation that there is no pending immediately direct the Public Attorney's Office (PAO) to
application for a protection order in another represent the petitioner in the hearing on the application.
court. If the PAO determines that the applicant can afford to hire
the services of a counsel de parte, it shall facilitate the
If the applicants is not the victim, the application legal representation of the petitioner by a counsel de
must be accompanied by an affidavit of the applicant parte. The lack of access to family or conjugal resources by
attesting to (a) the circumstances of the abuse suffered bv the applicant, such as when the same are controlled by the
the victim and (b) the circumstances of consent given by perpetrator, shall qualify the petitioner to legal
the victim for the filling of the application. When representation by the PAO.
disclosure of the address of the victim will pose danger to
her life, it shall be so stated in the application. In such a However, a private counsel offering free legal
case, the applicant shall attest that the victim is residing in service is not barred from
representing the petitioner.
the municipality or city over which court has territorial
jurisdiction, and shall provide a mailing address for SECTION 14. Barangay Protection Orders
purpose of service processing. (BPOs); Who May Issue and How. -Barangay Protection
Orders (BPOs) refer to the protection order issued by
An application for protection order filed with a the Punong Barangay ordering the perpetrator to desist
court shall be considered an application for both a TPO from committing acts under Section 5 (a) and Cb) of this
1
SECTION 15. Temporary Protection Orders. - court shall continuously extend or renew the TPO for a
Temporary Protection Orders (TPOs) refers to the period of thirty (30) days at each particular time until
protection order issued by the court on the date of filing of final jud gment is issued. The extended or renewed TPO
1
the application after ex parte determination that such may be modified by the court as may be necessary or
order should be issued. A court may grant in a TPO any, applicable to address the needs of the applicant.
some or all of the reliefs mentioned in this Act and shall
I
be effective for thirty (30) days. The court shall schedule a The court may grant any, some or all of the reliefs
hearing on the issuance of a PPO prior to or on the date of specified in Section 8 hereof in a PPO. A PPO shall be
the expiration of the TPO. The court shall order the effective until revoked by a court upon application of the
l
immediate personal service of the TPO on the respondent person in whose favor the order was issued. The court
by the court sheriff who may obtain the assistance of law shall ensure immediate personal service of the PPO on
enforcement agents for the service. The TPO shall include respondent.
J
SECTION 16. Permanent Protection Orders. - violence and the filing of the application.
Permanent Protection Order (PPO) refers to protection
order issued by the court after notice and hearing. Regardless of the conviction or acquittal of the
1
respondent, the Court must determine whether or not the
Respondents non-appearance despite proper notice, or his PPO shall become final. Even in a dismissal, a PPO shall
lack of a lawyer, or the non-availability of his lawyer shall be granted as long as there is no clear showing that the act
not be a ground for rescheduling or postponing the from which the order might arise did not exist.
hearing on the merits of the issuance of a PPO. If the
respondents appears without counsel on the date of the SECTION 17. Notice of Sanction in Protection
hearing on the PPO, the court shall appoint a lawyer for Orders. - The following statement must be printed in
the respondent and immediately proceed with the bold-faced type or in capital letters on the protection
hearing. In case the respondent fails to appear despite order issued by the Punong Barangay or court:
l
proper notice, the court shall allow ex parte presentation
of the evidencetby the applicant and render judgment on ''VIOLATION OF THIS ORDER IS
PUNISHABLE BYLAW."
the basis of the evidence presented. The court shall allow
I
the introduction of any history of abusive conduct of a SECTION 18. Mandatory Period For Acting on
respondent even if tpe same was not directed against the Applications For Protection Orders - Failure to act on an
applicant or the person for whom the applicant is made. application for a protection order within the reglementary
The court shall, to the extent possible, conduct the period specified in the previous section without justifiable
hearing on the merits of the issuance of a PPO in one (1) cause shall render the official or judge administratively
liable.
90 I The Anti-Violence Against Women and The Anti-Violence Against Women
Their Children and Their Children 191
SECTION 19. Legal Separation Cases. - In cases
oflegal separation, where violence as specified in this Act offended party may file for any of the acts committed.
is alleged; Article 58 of the Family Code shall not apply.
The court shall proceed on the main case and other SECTION 22. Applicability of Protection Orders
incidents of the case as soon as possible. The hearing on to Criminal Cases. - The foregoing provisions on
any application for a protection order filed by the protection orders shall be applicable in impliedly
petitioner must be conducted within the mandatory instituted with the criminal actions involving violence
period specified in this Act. against women and their children.
SECTION 20. Priority of Application for a SECTION 23. Bond to Keep the Peace. - The
Protection Order. - Ex parte and adversarial hearings to Court may order any person against whom a protection
determine the basis of applications for a protection order order is issued to give a bond to keep the peace, to present
under this Act shall have priority over all other two sufficient sureties who shall undertake that such
proceedings. Barangay officials and the courts shall person will not commit the violence sought to be
schedule and conduct hearings on applications for a prevented.
protection order under this Act above all other business
and, if necessary, suspend other proceedings in order to Should the respondent fail to give the bond as required, he
hear applications for a protection order. shall be detained for a period which shall in no case
exceed six (6) months, ifhe shall have been prosecuted for
SECTION 21. Violation of Protection Orders. - A acts punishable under Section 5(a) to 5(f) and not
complaint for a violation of a BPO issued under this Act exceeding thirty (30) days, if for acts punishable under
must be filed directly with any municipal trial court, Section 5(g) to 5(1).
metropolitan trial court, or municipal circuit trial court
that has territorial jurisdiction over the barangay that The protection orders referred to in this section are
issued the BPO. Violation of a BPO shall be punishable by the TPOs and the PPOs issued only by the courts.
imprisonment of thirty (30) days without prejudice to any SECTION 24. Prescriptive Period. - Acts falling
other criminal or civil action that the offended party may under Sections s(a) to 5(t) shall prescribe in twenty (20)
file for any of the acts committed.
! A judgement of violation of a BPO ma be appealed
years. Acts falling under Sections 5(g) to s(I) shall
prescribe in ten (10) years.
according to the Rules of Court. During trial and upon
j
SECTION 25. Public Crime. - Violence against
judgment, ifue trial court may motu proprio issue a women and their children shall be considered a public
protection order as it deems necessary without need of an offense which may be prosecuted upon the filing of a
J application.
Violation of any provision of a TPO or PPO issued
complaint by any citizen having personal knowledge of the
circumstances involving the commission of the crime.
under this Act shall constitute contempt of court SECTION 26. Battered Woman Syndrome as a
_I punishable under Rule 71 of the Rules of Court, without Defense. - Victim-survivors who are found by the courts
prejudice to any other criminal or civil action that the to be suffering from battered woman syndrome -do not
-
1 92 I The Anti-Violence Against Women and
Their Children
The Anti-Violence Against Women
and Their Children 193
l
absence of any of the elements for justifying
circumstances of se1f-defense under the Revised Penal SECTION 30. Duties of Barangay Officials and
Code. Law Enforcers. - Barangay officials and law enforcers
1
time of the commission of the crime, the courts shall be request for assistance or protection of the
assisted by expert psychiatrists/ psychologists. victim by entering the necessary whether or
SECTION 27. Prohibited Defense. - Being under not a protection order has been issued and
the influence of alcohol, any illicit drug, or any other ensure the safety of the victim/s;
mind-altering substance shall not be a defense under this (b) confiscate any deadly weapon in the
Act. possession of the perpetrator or within plain
SECTION 28. Custody of children. - The woman view;
victim of violence shall be entitled to the custody and (c) transport or escort the victim/s to a safe place
support of her child/ children. Children below seven (7) of their choice or to a clinic or hospital;
years old older but with mental or physical disabilities
shall automatically be given to the mother, with right to (d) assist the victim in removing personal belongs
support, unless the court finds compelling reasons to from the house;
order otherwise.
(e) assist the barangay officials and other
A victim who is suffering from battered woman government officers and employees who
syndrome shall not be disqualified from having custody of respond to a call for help;
her children. In no case shall custody of minor children be
given to the perpetrator of a woman who is suffering from (f) ensure the enforcement of the Protection
Battered woman syndrome. Orders issued by the PunongBarangy or the
courts;
SECTION 29. Duties of Prosecutors/Court
Personnel. - Prosecutors and court personnel should (g) arrest the suspected perpetrator wiithout a
observe the following duties when dealing with victims warrant when any of the acts of violence
J
under this Act: defined by this Act is occurring, or when
ft he/she has personal knowledge that any act of
a) communicate with the victim in a language abuse has just been committed, and there is
understood by the woman or her child; and imminent danger to the life or limb of the
victim as defined in this Act; and
b) inforni the victim of her/his rights including
legal remedies available and procedure, and (h) immediately report the call for assessment or
privileges .for indigent litigants. assistance of the DSWD, social Welfare
Department of LGUs or accredited . non-
___ ... ___ --.a. ----!-_J..! ___ .ritLTr,n_'\
l 94 I The Anti-Violence Against Women and
Their Children
The Anti-Violence Against Women
and Their Children 195
I
physical, emotional or psychological injuries;
Code of 1991 shall not apply in proceedings where relief is
(b) properly record any of victim's suspicions, sought under this Act.
observations and circumstances of the
1 examination or visit; Failure to comply with this Section shall render the
official or judge administratively liable.
(c) automatically provide the victim free of charge
SECTION 34. Persons Intervening Exempt from
I a medical certificate concerning the
examination or visit; Liability. - In every case of violence against women and
their children as herein defined, any person, private
(d) safeguard the records and make them individual or police authority or barangay official who,
available to the victim upon request at actual acting in accordance with law, responds or intervenes
cost; and without using violence or restraint greater than necessary
J
to ensure the safety of the victim, shall not be liable for
(e) provide the victim immediate and adequate any criminal, civil or administrative liability resulting
notice of rights and remedies provided under therefrom.
..
this Act, and services available to them.
SECTION 32. Duties of Other Government
SECTION 35. Rights of Victims. - In addition to
their rights under existing laws, victims of violence against
Agencies and LGUs - Other government agencies and women and their children shall have the following rights:
J LGUs shall establish programs such as, but not limited to,
education and information campaign and seminars or (a) to be treated with respect and dignity;
symposia on the nature, causes, incidence and
J consequences of such violence particularly towards
educating the public on its social impacts.
(b) to avail oflegal assistance form the PAO of the
Department of Justice (DOJ) or any public
legal assistance office
96 I The Anti-Violence Against Women and The Anti-Violence Against Women
Their Children and Their Children 197
I
(c) To be entitled to support services form the
DSWD and LGUs' (c) Civil Service Commission (CSC);
1
( d) To be entitled to all legal remedies and (d) Commission on Human rights (CHR)
support as provided for under the Family
Code;and Ce ) Council for the Welfare of Children (CWC);
(e) To be informed of their rights and the services (f) Department of Justice (DOJ);
available to them including their right to apply
for a protection order. (g) Department of the Interior and Local
Government (DILG);
SECTION 36. Damages. - Any victim of violence
under this Act shall be entitled to actual, compensatory, Ch) Philippine National Police (PNP);
moral and exemplary damages. (i) Department of Health (DOH);
SECTION 37. Hold Departure Order. - The court Department of Education (DepEd);
shall expedite the process of issuance of a hold departure G)
order in cases prosecuted under this Act. Ck) Department of Labor and Employment
(DOLE);and
SECTION 38. Exemption from Payment of
Docket Fee and Other Expenses. - If the victim is an CT) National Bureau of Investigation (NBI).
indigent or there is an immediate necessity due to
imminent danger or threat of danger to act on an These agencies are tasked to formulate programs
application for a protection order, the court shall accept and projects to eliminate VAW based on their mandates as
the application without payment of the filing fee and other well as develop capability programs for their employees to
fees and of transcript of stenographic notes. become more sensitive to the needs of their clients. The
Council will also serve as the monitoring body as regards
SECTION 39. Inter-AgenC'y Council on Violence to VAW initiatives.
Against Women and Their Children (IAC-VAWC). In
J pursuance of the abovementioned policy, there is hereby
established an Inter-Agency Council on Violence Against
The Council members may designate their duly
authorized representative who shall have a rank not lower
than an assistant secretary or its equivalent. These
l
Women and their children, hereinafter known as the
Council, whjch shall be composed of the following representatives shall attend Council meetings in their
agencies: behalf, and shall receive emoluments as may be
determined by the Council in accordance with existing
j (a) Department of Social
Development (DSWD);
Welfare and budget and accounting rules and regulations.
SECTION 40. Mandatory Programs and
(b) National Commission on the Role of Filipino Services for Victims. - The DSWD, and LGUs shall
Women (NCRFW); provid. the "!ctims . .tempo;3IY shelters, provide
98 I The Anti-Violence Against Women and The Anti-Violence Against Women
Their Children and Their Children 199
rehabilitation programs and livelihood assistance.
The PNP, in coordination with LGlI's shall
The DOH shall provide medical assistance to establish an education and training program for police
victims. officers and barangay officials to enable them to properly
SECTION 41. Counseling and Treatment of handle cases of violence against women and their
Offenders. - The DSWD shall provide rehabilitative children.
l
counseling and treatment to perpetrators towards SECTION 43. Entitled to Leave. - Victims under
learning constructive ways of coping with anger and this Act shall be entitled to take a paid leave of absence up
emotional outbursts and reforming their ways. When to ten (10) days in addition to other paid leaves under the
necessary, the offender shall be ordered by the Court to Labor Code and Civil Service Rules and Regulations,
submit to psychiatric treatment or confinement. extendible when the necessity arises as specified in the
SECTION 42. Training of Persons Involved in protection order.
Responding to Violence Against Women and their Any employer who shall prejudice the right of the person
Children Cases. -All agencies involved in responding to under this section shall be penalized in accordance with
violence against women and their children cases shall be the provisions of the Labor Code and Civil Service Rules
required to undergo education and training to acquaint and Regulations. Likewise, an employer who shall
them with: prejudice any person for assisting a co-employee who is a
a. the nature, extent and causes of violence victim under this Act shall likewise be liable for
against women and their children; discrimination.
b. the legal rights of, and remedies available to, SECTION 44. Confidentiality. -All records
victims of violence against women and their pertaining to cases of violence against women and their
children; children including those in the barangay shall be
confidential and all public officers and employees and
I c. the services and facilities available to victims public or private clinics to hospitals shall respect the right
to privacy of the victim. Whoever publishes or causes to be
or survivors;
published, in any form.at, the name, address, telephone
J d. the legal duties imposed on police officers to
make arrest and to offer protection and
number, school, business address, employer, or other
..
identifying information of a victim or an immediate family
assistance; and
j
member, without the latter's consent, shall be liable to the
contempt power of the court.
e. techniques for handling incidents of violence
J
against women and their children that Any person who violates this provision shall suffer
mini1J1ize the likelihood of injury to the officer the penalty of one (1) year imprisonment and a fine of not
and promote the safety of the victim or more than Five-Hundred Thousand pesos (P500,ooo.oo).
J
SUI'VlVOr.
SECTION 45. Funding -The amount necessary
/"\ ;n,nlaTnoni- +'ho ,....,.n,,.;C'I;"',.._ ,...,+ +h.:" A_. ,-.k n 11 1,...,... ;""nl,,A"A
I 100 I The Anti-Violence Against Women and
Their Children
l
mandated agencies and LGU's shall be used to implement
services for victim of violence against women and their
children. UNIVERSITY OF THE PHIIJPPINES
l
LAWCENTER
SECTION 46. Implementing Rules and Dean Danilo L. Concepcion
Regulations. - Within six (6) months from the approval of Associate Dean Concepcion L. Jardeleza
this Act, the DOJ, the NCRFW, the DSWD, the DILG, the
DOH, and the PNP, and three (3) representatives from
NGOs to be identified by the NCRFW, shall promulgate INSTITIITE FOR THE.ADMINISTRATION OF
the Implementing Rules and Regulations (IRR) of this JUSTICE
Act.
SECTION 47. Suppletory Application - For
purposes of this Act, the Revised Penal Code and other PROJECT TEAM
applicable laws, shall have suppletory application.
SECTION 48. Separability Clause. - If any
section or provision of this Act is held unconstitutional or Author:
invalid, the other sections or provisions shall not be Prof. Maria Rowena Amelia V. Guanzon
I affected.
SECTION 49. Repealing Clause -All laws,
Legal
Researchers: Atty. Sally D. Escutin
I Presidential decrees, executive orders and rules and Atty. Maria Cristina P. Yambot
regulations, or parts thereof, inconsistent with the Atty. Dehl.ma Rhizza S. Patriarca-Provido
provisions of this Act are hereby repealed or modified
J accordingly. Translators:
Filipino : Ms. Jemimah Grace N. Garcia
SECTION 50. Effectivity - This Act shall take Tausug : Mr. Al-Zhoheir H. Hajim
effect n (15) days from the date of its complete
publication in at least two (2) newspapers of general UP-IAJ Staff: Ms. Zenaida S. Antonio
circulation. Ms. Ma. Teocel C. Apolona
Mr. Ariel S. Gabriel
j
I
.;..,-
I
former Mayor of Cadiz City, is a
litigation lawyer and an advocate of
women's human rights. She has
1
written three books entitled
Engendering the Philippine
Judiciary, the Davide Court: Its
Contributions to Gender and
Women's Rights, and the Anti
Violence Against Women and their
Children Act. She has publishd an
article on The Anti-Trafficking in Persons Act and
"Constitutional Issues in the Anti-Violence Against Women and
Their Children Act" in the Journal of the Integrated Bar of the
Philippines, and "Battered Woman Syndrome as a Defense" in
the Philippine Law Journal. As consultant to Senate President
Franklin Drilon, she helped draft the Senate Substitute Bill on
the Anti-Violence Against Women and Their Children Act of
2004.
Professor Guanzon obtained her degree in Economics
from ilie University of th Philippines, and graduated in the top
ten of her class with a Dean's Medal in the U.P. College of Law.
She has a Master in Public Administration degree from the
Kennedy School of Government, Harvard University, where.she
was an Edward Mason Fellow and Class Marshal.
A recognized expert in laws on violence against women
in the Philippines, Professor Guanzon attended the Expert
Group Meeting on Good Practices in VAW Legislations in the
United Nations in Vienna and spoke in conferences of members
of the Inter-Parliamentary Union in Geneva, Manila and Hanoi.
J
Her expert paper on The Laws on Violence Against Women in
the Philippines can be found in http://www.un.org
Professor Guanzon is a founding member of the Asia
J
Cause Lawyers Network and the Gender Justice Network. She
recently received the American Field Service Mabuhay Award
as outstanding lawyer in the field of women's human rights.
She is Senior Professorial Lecturer at the UP College of
Law and is the Officer-in-Charge of the Institute for the
Administration of Justice of the U.P. Law Center.