POST for NOVEMBER 29

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CHALLENGES IN IMPLEMENTATION OF LAW VS. ANTI-DOMESTIC

VIOLENCE TACKLED AT TALISAY CITY’S 18-DAY CAMPAIGN KICK-OFF

The kick-off program on the 18-day Campaign To End Violence against Women in
Talisay City was an opportune time to discuss the salient points, factors and
challenges that affect the implementation of RA 9262 widely known as the
Violence Against Women and Children Act of 2004.
Now on its 15th year after its passage into law, RA 9262 is a landmark legislation of
the government in its pursuit to protect the Filipino family especially the women
and children from any form of violence and threats
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Atty. Jocelle Batapa-Sigue, a three-term city councilor and a staunch advocate of a
VAW-free community directed the forum towards understanding the factors and
challenges that affect the potency of implementing RA 9262.
Batapa-Sigue, this year’s invited Guest Speaker, differentiated the BPO or
barangay protection order from the temporary protection order (TPO) and
permanent protection order (PPO).
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A PUBLIC CRIME
“Domestic violence is not a private crime. Therefore, anyone who has personal
knowledge can file a complaint,” Batapa-Sigue declared.
In conformity, Talisay City’s Executive Assistant for Multi-Sectoral Concerns Farah
Jayme remarked that the people should never keep silent about cases of domestic
violence. They need to be reported.
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Batapa-Sigue, who has had her fair share of pro bono services for abuse minors,
publicly suggested that every barangay as much as possible should have a stand-
by lawyer or extend free legal services for their constituents.
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DUTIES of BARANGAY OFFICIALS
The audience, partly composed of barangay VAW-desk officers, was advised that
it is the duty of barangay officials to confiscate deadly weapons, call local police
authorities, transport victims to safer places or assist them in removing personal
belongings from their place of residence. Such measures are clearly stipulated in
the IRR or Implementing Rules and Regulations of RA 9262. Local police
authorities should assist barangay officials to ensure the timely and orderly
enforcement of the barangay protection order.
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“Police authorities can arrest suspected perpetrators even without a warrant,”
Batapa-Sigue announced during her lecture-presentation. This is a circumstance
which also qualifies a citizens’ arrest.
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10-DAY LEAVE FOR VAW VICTIMS
The participants to the forum were likewise informed that women employees
who are defined as victims under RA 9262 can avail of a leave of up to ten (10)
days with full pay, as specified in the protection order issued to the female
employee’s favor by the barangay or the court. The 10-day leave is granted to the
woman employee who under specific conditions requires medical and legal aid.
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The applicability of the ten-day leave shall be at the discretion of the woman
employee. Should she decide not to avail of this benefit, it is never convertible to
cash and shall not be cumulative.
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The woman employee shall be required to present her employer a certification
from her residence-barangay through the Punong Barangay or Barangay
Kagawad, or from a Clerk of Court where a complaint relative to her case is
pending or being heard.

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