Republic Act No. 9262Republic Act No. 9262

““Anti-Violence Against Women and Anti-Violence Against Women and their Children Act of 2004”their Children Act of 2004”

LILIAN DORIS S. ALEJOLILIAN DORIS S. ALEJO

Senior State Prosecutor Senior State Prosecutor

Department of Justice, ManilaDepartment of Justice, Manila

Scope:Scope:

1.1. WomenWomen VS. VS.

2.2. Their childrenTheir children legitimatelegitimate IllegitimateIllegitimate Children under her Children under her

care or custodycare or custody-within or without the -within or without the

family abodefamily abode

HusbandsHusbands Former husbandsFormer husbands Boyfriends/partnersBoyfriends/partners Those whom they Those whom they

have a common childhave a common child Has or had sexual or Has or had sexual or

dating relationshipdating relationship

Acts Punishable:Acts Punishable:

I.I. Physical ViolencePhysical Violence

II.II. Sexual ViolenceSexual Violence

III.III. Psychological ViolencePsychological Violence

IV.IV. Economic AbuseEconomic Abuse

PHYSICAL VIOLENCEPHYSICAL VIOLENCE

Physical Injuries Physical Injuries

SEXUAL VIOLENCESEXUAL VIOLENCE--Any act which is sexual in nature committed Any act which is sexual in nature committed

against a woman or her childagainst a woman or her child

- Includes rape,*(N.B. see Section 5 - Includes rape,*(N.B. see Section 5 [g])sexual harassment, acts of [g])sexual harassment, acts of lasciviousness, treating a woman or her lasciviousness, treating a woman or her child as a sex object, etc.child as a sex object, etc.

PSYCHOLOGICAL VIOLENCEPSYCHOLOGICAL VIOLENCE

Acts or omissions causing or likely to Acts or omissions causing or likely to cause mental or emotional suffering cause mental or emotional suffering including:including:

1.1. StalkingStalking

2.2. Damage to propertyDamage to property

3.3. Repeated verbal abuseRepeated verbal abuse

4.4. Marital infidelityMarital infidelity

ECONOMIC ABUSEECONOMIC ABUSE

Acts that make or attempt to make a Acts that make or attempt to make a woman financially dependentwoman financially dependent

Includes:Includes:

1.1. Withdrawal of financial supportWithdrawal of financial support

2.2. Preventing her from engaging in a Preventing her from engaging in a legitimate profession, business or activitylegitimate profession, business or activity

3.3. Deprivation or threat of deprivation of Deprivation or threat of deprivation of financial resourcesfinancial resources

4.4. Destroying household propertyDestroying household property

5.5. Controlling victim’s own money or Controlling victim’s own money or propertiesproperties

VIOLENCE AGAINST WOMEN AND VIOLENCE AGAINST WOMEN AND THEIR CHILDRENTHEIR CHILDREN

Any act or a series of acts by any Any act or a series of acts by any person against the woman covered person against the woman covered by this Act which result in or is by this Act which result in or is likely to result in physical, sexual, likely to result in physical, sexual, psychological harm or suffering or psychological harm or suffering or economic abuse including threats of economic abuse including threats of such acts, battery, assault, such acts, battery, assault, coercion, harassment or arbitrary coercion, harassment or arbitrary deprivation of liberty.deprivation of liberty.

Acts of Violence Against Women & their Acts of Violence Against Women & their ChildrenChildren

Causing physical harm to the Causing physical harm to the woman or her child;woman or her child;

Threatening to cause the woman or Threatening to cause the woman or her child physical harm;her child physical harm;

Attempting to cause the woman or Attempting to cause the woman or her child physical harm;her child physical harm;

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

Attempting to compel or compelling the Attempting to compel or compelling the woman or her child to engage in conduct woman or her child to engage in conduct which the woman or her child has the which the woman or her child has the right to desist from or to desist from right to desist from or to desist from conduct which the woman or her child conduct which the woman or her child has the right to engage in, or attempting has the right to engage in, or attempting to restrict or restricting the woman’s or to restrict or restricting the woman’s or her child’s freedom of movement or her child’s freedom of movement or conduct by force or threat of force, conduct by force or threat of force, physical or other harm or threat of physical or other harm or threat of physical or other harm, or intimidation physical or other harm, or intimidation directed against the woman or her child. directed against the woman or her child.

This shall include, but not limited to, the This shall include, but not limited to, the following acts committed with the following acts committed with the purpose or effect of controlling or purpose or effect of controlling or restricting the woman’s or her child’s restricting the woman’s or her child’s movement or conduct:movement or conduct:

1. Threatening to deprive or actually 1. Threatening to deprive or actually depriving the woman or her child of depriving the woman or her child of custody or access to her/his family;custody or access to her/his family;

2. Depriving or threatening to deprive the 2. Depriving or threatening to deprive the woman or her children of financial woman or her children of financial support legally due her or her family, or support legally due her or her family, or deliberately providing the woman’s deliberately providing the woman’s children insufficient financial support;children insufficient financial support;

3. Depriving or threatening to deprive 3. Depriving or threatening to deprive the woman or her child of a legal the woman or her child of a legal right;right;

4. Preventing the woman in engaging in 4. Preventing the woman in engaging in any legitimate profession, any legitimate profession, occupation, business or activity, or occupation, business or activity, or controlling the victim’s own money controlling the victim’s own money or properties, or solely controlling or properties, or solely controlling the conjugal or common money, or the conjugal or common money, or properties;properties;

Inflicting or threatening to inflict physical Inflicting or threatening to inflict physical harm on oneself for the purpose of harm on oneself for the purpose of controlling her actions or decisions;controlling her actions or decisions;

Causing or attempting to cause the Causing or attempting to cause the woman or her child to engage in any woman or her child to engage in any sexual activity which does not constitute sexual activity which does not constitute rape, by force or threat of force, physical rape, by force or threat of force, physical harm, or through intimidation directed harm, or through intimidation directed against the woman or her child or her/his against the woman or her child or her/his immediate family.immediate family.

Engaging in purposeful, knowing, or Engaging in purposeful, knowing, or reckless conduct, personally or through reckless conduct, personally or through another, that alarms or causes another, that alarms or causes substantial emotional or psychological substantial emotional or psychological distress to the woman or her child. This distress to the woman or her child. This shall include, but not be limited to, the shall include, but not be limited to, the following acts:following acts:

1. Stalking or following the woman or her 1. Stalking or following the woman or her child in public or private places;child in public or private places;

2. Peering in the window or lingering 2. Peering in the window or lingering outside the residence of the woman or outside the residence of the woman or her child;her child;

3.3. Entering or remaining in the dwelling Entering or remaining in the dwelling or on the property of the woman or or on the property of the woman or her child against her/his will;her child against her/his will;

4.4. Destroying the property and personal Destroying the property and personal belongings or inflicting harm to belongings or inflicting harm to animals or pets of the woman or her animals or pets of the woman or her child; andchild; and

5.5. Engaging in any form of harassment Engaging in any form of harassment or violence.or violence.

Causing mental or emotional Causing mental or emotional anguish, public ridicule or humiliation anguish, public ridicule or humiliation to the woman or her child, including, to the woman or her child, including, but not limited to, repeated verbal but not limited to, repeated verbal and emotional abuse, and denial of and emotional abuse, and denial of financial support or custody of minor financial support or custody of minor children or denial of access to the children or denial of access to the woman’s child/children.woman’s child/children.

Reliefs Given:Reliefs Given:

Protection OrdersProtection Orders

1. Barangay Protection Order1. Barangay Protection Order

2.Temporary Protection Order2.Temporary Protection Order

3. Permanent Protection Order3. Permanent Protection Order Battered Women Syndrome--women Battered Women Syndrome--women

found with BWS do not incur criminal found with BWS do not incur criminal liabilityliability

Protective custody of the abused child by Protective custody of the abused child by the DSWD even in the absence of PO (IRR)the DSWD even in the absence of PO (IRR)

PROTECTION ORDERSPROTECTION ORDERS

- An order issued for the purpose of - An order issued for the purpose of preventing further acts of violence preventing further acts of violence against a woman or her child and against a woman or her child and granting other necessary relief.granting other necessary relief.

- Purpose- Purpose: to safeguard the victim from : to safeguard the victim from further harm, minimizing any further harm, minimizing any disruption in the victim’s daily life disruption in the victim’s daily life and facilitating the opportunity and and facilitating the opportunity and ability of the victim to independently ability of the victim to independently regain control over her life.regain control over her life.

PROTECTION ORDERSPROTECTION ORDERS Prohibition from threatening or committing, Prohibition from threatening or committing,

personally or through another any acts in personally or through another any acts in Section 5.Section 5.

Prohibition from harassing, telephoning, Prohibition from harassing, telephoning, contacting the petitionercontacting the petitioner

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

Stay away from petitioner, any designated Stay away from petitioner, any designated family or household member, from residence, family or household member, from residence, school, workplace or specified place.school, workplace or specified place.

Directing law enforcer to accompany Directing law enforcer to accompany petitioner to the residence, ensure petitioner to the residence, ensure possession of automobile and other possession of automobile and other personal effects; supervise personal effects; supervise respondent’s removal of belongingsrespondent’s removal of belongings

Temporary or permanent custody of Temporary or permanent custody of childchild

Support - automatic remittance of Support - automatic remittance of salary or income by employersalary or income by employer

Prohibition of the respondent from any Prohibition of the respondent from any use or possession of a firearm or use or possession of a firearm or deadly weapon; surrender the same to deadly weapon; surrender the same to court; revocation of license; court; revocation of license; disqualification to apply for any licensedisqualification to apply for any license

Directing DSWD or appropriate Directing DSWD or appropriate agency to provide shelter and agency to provide shelter and social services.social services.

Provision of other forms of relief Provision of other forms of relief as the court deems necessaryas the court deems necessary

Restitution for actual damages Restitution for actual damages caused by the violencecaused by the violence

HOW TO APPLY FOR A HOW TO APPLY FOR A PROTECTION ORDERPROTECTION ORDER

Must be in writing, signed and Must be in writing, signed and verified under oath by the applicantverified under oath by the applicant

Shall contain:Shall contain: Names and addresses of petitioner and Names and addresses of petitioner and

respondentrespondent Description of relationship between Description of relationship between

petitioner and respondentpetitioner and respondent Statement of the circumstances of the Statement of the circumstances of the

abuseabuse

Description of the reliefs requested by Description of the reliefs requested by petitionerpetitioner

Request for counsel and reasons for suchRequest for counsel and reasons for such Request for waiver of application fees until Request for waiver of application fees until

hearinghearing An attestation that there is no pending An attestation that there is no pending

application for a protection order in another application for a protection order in another courtcourt

If applicant not the victim-survivor--- If applicant not the victim-survivor--- application with affidavit attesting to the application with affidavit attesting to the circumstances of abuse suffered and circumstances of abuse suffered and circumstances of consent given by victim-circumstances of consent given by victim-survivorsurvivor

Will also include information if Will also include information if disclosure of address of victim-disclosure of address of victim-survivor will pose damage to her survivor will pose damage to her life but applicant will attest that life but applicant will attest that victim-survivor resides in the victim-survivor resides in the municipality or city over which municipality or city over which court has territorial jurisdictioncourt has territorial jurisdiction

*see format prepared by the Supreme *see format prepared by the Supreme Court Court

Who May File for Protection OrdersWho May File for Protection Orders Offended PartyOffended Party Parents or guardiansParents or guardians Ascendants, descendants, collateral relatives within Ascendants, descendants, collateral relatives within

44thth degree of consanguinity or affinity degree of consanguinity or affinity Social workers of DSWD or LGUsSocial workers of DSWD or LGUs Police OfficersPolice Officers Punong Barangay or kagawadPunong Barangay or kagawad Lawyer, counselor, therapist, healthcare providerLawyer, counselor, therapist, healthcare provider At least 2 citizens of the city or municipality who At least 2 citizens of the city or municipality who

have personal knowledge of the offense.have personal knowledge of the offense.WHERE?WHERE?

-RTC, MTC MCTC with territorial jurisdiction over the -RTC, MTC MCTC with territorial jurisdiction over the place of residence of the petitioner, except if there place of residence of the petitioner, except if there is family courtis family court

Barangay Protection OrderBarangay Protection Order

Issued by Punong Barangay (PB) ex parteIssued by Punong Barangay (PB) ex parte Effective for 15 days onlyEffective for 15 days only Ordering perpetrator to desist from Ordering perpetrator to desist from

committing physical harm or threatening committing physical harm or threatening the woman or her childthe woman or her child

Prohibiting perpetrator from harassing, Prohibiting perpetrator from harassing, annoying, telephoning, contacting or annoying, telephoning, contacting or otherwise communicating with the victim otherwise communicating with the victim survivor, directly or indirectly (IRR)survivor, directly or indirectly (IRR)

Kagawad can issue if Punong Barangay Kagawad can issue if Punong Barangay (PB) is not available but must include (PB) is not available but must include attestation that the Punong Barangay attestation that the Punong Barangay is unavailable at the time of the is unavailable at the time of the issuance of the BPOissuance of the BPO

Punong Barangay or kagawad, law Punong Barangay or kagawad, law enforcers and other government enforcers and other government agencies shall not mediate or agencies shall not mediate or conciliate or influence the victim-conciliate or influence the victim-survivor/petitioner on a protection survivor/petitioner on a protection order to compromise or abandon the order to compromise or abandon the relief sought (IRR)relief sought (IRR)

Personal service of the BPO by the Personal service of the BPO by the Punong Barangay or Barangay Punong Barangay or Barangay Kagawad or any brgy. Official (IRR)Kagawad or any brgy. Official (IRR)

BPO deemed served by receipt by BPO deemed served by receipt by respondent or any adult who respondent or any adult who received at the address of received at the address of respondent (IRR)respondent (IRR)

Refusal to receive BPO: leave copy Refusal to receive BPO: leave copy of the BPO at the said address in of the BPO at the said address in presence of two (2) witnesses (IRR)presence of two (2) witnesses (IRR)

Server of the BPO will issue Server of the BPO will issue certification re manner, place, date of certification re manner, place, date of service including reasons why the BPO service including reasons why the BPO remain unserved (IRR)remain unserved (IRR)

BPO issued free of charge (IRR)BPO issued free of charge (IRR) PB or Brgy. Kagawad shall assist in the PB or Brgy. Kagawad shall assist in the

filing of the TPO or PPO with the filing of the TPO or PPO with the nearest court in the place of residence nearest court in the place of residence of petitioner (IRR)of petitioner (IRR)

Barangay shall ensure transportation Barangay shall ensure transportation and other expenses for indigent and other expenses for indigent petitioner (IRR)petitioner (IRR)

BP or Kagawad or Barangay BP or Kagawad or Barangay Secretary shall record all BPOs in a Secretary shall record all BPOs in a logbook specifically for VAWCs which logbook specifically for VAWCs which shall be kept confidential form the shall be kept confidential form the public especially the media (IRR)public especially the media (IRR)

Shall submit quarterly report of all Shall submit quarterly report of all BPOs issued to the local office of the BPOs issued to the local office of the DILG which shall submit summary DILG which shall submit summary report of the BPOs issued to the report of the BPOs issued to the Secretariat of the IAC VAWC (IRR)Secretariat of the IAC VAWC (IRR)

Enforceable within the barangay Enforceable within the barangay (IRR)(IRR)

Shall furnish a copy of all the BPOs Shall furnish a copy of all the BPOs to the PNP Women’s and Children’s to the PNP Women’s and Children’s Desk which shall enter the same in Desk which shall enter the same in a logbook (IRR)a logbook (IRR)

Violation of the BPO--- filed with Violation of the BPO--- filed with the MTC, MeTC, MCTC which has the MTC, MeTC, MCTC which has territorial jurisdiction of the territorial jurisdiction of the barangay which issued the BPObarangay which issued the BPO

Primary responsibility of barangay officials Primary responsibility of barangay officials (PB or Kagawad) to initiate complaints for (PB or Kagawad) to initiate complaints for violation of BPOs (IRR)violation of BPOs (IRR)

Refusal of PB or Kagawad to file complaint Refusal of PB or Kagawad to file complaint for violation of a BPO, victim shall file for violation of a BPO, victim shall file complaint and admin., civil, criminal action complaint and admin., civil, criminal action vs. barangay official concernedvs. barangay official concerned

Protection order shall include the following Protection order shall include the following statement printed in bold-faced type or statement printed in bold-faced type or capital letters:capital letters:““VIOLATION OF THIS ORDER IS VIOLATION OF THIS ORDER IS PUNISHABLE”PUNISHABLE”

Priority over all other casesPriority over all other cases Failure to act---administrative liabilityFailure to act---administrative liability

Temporary Protection OrderTemporary Protection Order

Issued by the court on the day of filingIssued by the court on the day of filing Ex parteEx parte Priority over all other casesPriority over all other cases Effective for 30 days; extendibleEffective for 30 days; extendible Enforceable anywhere in the Enforceable anywhere in the

PhilippinesPhilippines Violation: fine of P5,000 to P50,000 Violation: fine of P5,000 to P50,000

and/or imprisonment of six (6) monthsand/or imprisonment of six (6) months

Permanent Protection OrderPermanent Protection Order

Issued after notice and hearingIssued after notice and hearing Priority over all other proceedings (such Priority over all other proceedings (such

as election cases, habeas corpus etc.)as election cases, habeas corpus etc.) Effective until revoked by the court Effective until revoked by the court

upon application of the person whose upon application of the person whose favor the order was issuedfavor the order was issued

Enforceable anywhere in the PhilippinesEnforceable anywhere in the Philippines Violation: P5,000 to P50,000 and/or Violation: P5,000 to P50,000 and/or

imprisonment of six (6) monthsimprisonment of six (6) months Violation shall constitute contempt of Violation shall constitute contempt of

courtcourt

Public CrimePublic Crime

Any citizen having personal Any citizen having personal knowledge of the circumstances knowledge of the circumstances of the offense may file a caseof the offense may file a case

Battered Woman Syndrome (BWS)Battered Woman Syndrome (BWS) BWS-scientifically defined pattern of BWS-scientifically defined pattern of

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

Victim with BWS do not incur criminal liability Victim with BWS do not incur criminal liability or civil liability;or civil liability;

A victim with BWS is not disqualified from A victim with BWS is not disqualified from having custody of her childrenhaving custody of her children

Perpetrator of woman with BWS shall not have Perpetrator of woman with BWS shall not have custodycustody

Court shall be assisted by expert Court shall be assisted by expert psychiatrists/psychologists in the psychiatrists/psychologists in the determination of the state of mind of victim-determination of the state of mind of victim-survivorsurvivor

People vs. Marivic Genosa (G.R. People vs. Marivic Genosa (G.R. No. 135981, September 29, No. 135981, September 29, 2000)2000)

-self defense arising from the BWS -self defense arising from the BWS main points: “ main points: “ FirstFirst, each of the , each of the phases of the cycle of violence must phases of the cycle of violence must be proven to have characterized at be proven to have characterized at least two battering episodes least two battering episodes between the appellant and her between the appellant and her intimate partnerintimate partner

SecondSecond, the final acute battering episode , the final acute battering episode preceding the killing of the batterer must preceding the killing of the batterer must have produced in the battered person’s have produced in the battered person’s mind an actual fear of an imminent harm mind an actual fear of an imminent harm from her batterer and an honest belief from her batterer and an honest belief that she needed to use force in order to that she needed to use force in order to save her life. save her life. ThirdThird, at the time of the , at the time of the killing, the batterer must have posed killing, the batterer must have posed probable-not necessarily immediate and probable-not necessarily immediate and actual—grave harm to the accused, based actual—grave harm to the accused, based on the history if violence perpetrated by on the history if violence perpetrated by the former against the latter. Taken the former against the latter. Taken together, these circumstances could together, these circumstances could satisfy the requisites of self-defense”.satisfy the requisites of self-defense”.

Cycle of ViolenceCycle of Violence3 Phases:3 Phases:

I.I. ““Tension-Building StageTension-Building Stage”- ”- battering male engages in battering male engages in minor battering incidents and minor battering incidents and verbal abuse while the woman, verbal abuse while the woman, beset by fear and tension, beset by fear and tension, attempts to be placating and attempts to be placating and passive as possible in order to passive as possible in order to stave off more serious violence;stave off more serious violence;

II.II. ““Acute Battering PeriodAcute Battering Period”- ”- severity of the abuse and severity of the abuse and attacks escalate, usually attacks escalate, usually triggered by an external or triggered by an external or internal event in the life of the internal event in the life of the battering male but provocation battering male but provocation for more severe violence is for more severe violence is sometimes provided by the sometimes provided by the woman who can no longer woman who can no longer tolerate or control her phase-tolerate or control her phase-one anger and anxiety;one anger and anxiety;

III.III. ““Contrition and loving or the hearts Contrition and loving or the hearts and flowers phaseand flowers phase”- man will often ”- man will often mix his pleas for forgiveness and mix his pleas for forgiveness and protestation of devotion with protestation of devotion with promises to seek professional help, promises to seek professional help, to stop drinking and to refrain from to stop drinking and to refrain from further violence. This period of further violence. This period of relative calm may last for a few relative calm may last for a few months, but in a battering months, but in a battering relationship, the affection and relationship, the affection and contrition will eventually fade and contrition will eventually fade and phase one of the cycle will start phase one of the cycle will start anew”.anew”.

________________**L.E. Walker, the Battered Woman Syndrome; State vs. Kelly (478 A 2d 364, 371 NJ 1984)L.E. Walker, the Battered Woman Syndrome; State vs. Kelly (478 A 2d 364, 371 NJ 1984)-paper presented in Philja Seminar by Professor Myrra S. Feliciano of the University of the -paper presented in Philja Seminar by Professor Myrra S. Feliciano of the University of the

PhilippinesPhilippines

Duties of Prosecutors/Court PersonnelDuties of Prosecutors/Court Personnel

Communicate with the victim in Communicate with the victim in a language understood by the a language understood by the woman or her child; and woman or her child; and

Inform the victim of her/his rights Inform the victim of her/his rights including legal remedies including legal remedies available and procedure, and available and procedure, and privileges for indigent litigants.privileges for indigent litigants.

Duties of Barangay Officials and Law Duties of Barangay Officials and Law EnforcersEnforcers

Enter the dwelling whether or not a Enter the dwelling whether or not a P.O. has been issuedP.O. has been issued

Confiscate deadly weapon in Confiscate deadly weapon in possession or in plain viewpossession or in plain view

Transport or escort the victim to safe Transport or escort the victim to safe place or clinic, hospitalplace or clinic, hospital

Assist victim in removing personal Assist victim in removing personal belongings from the housebelongings from the house

Ensure enforcement of BPO, TPO, PPOEnsure enforcement of BPO, TPO, PPO Arrest without a warrantArrest without a warrant

- When the acts of violence is occurring, or- When the acts of violence is occurring, or- When s/he has personal knowledge that - When s/he has personal knowledge that abuse has just been committed, and there abuse has just been committed, and there is imminent danger to life and limb of is imminent danger to life and limb of victimvictim

Immediately report the call for assistanceImmediately report the call for assistance*Failure to report:*Failure to report:

--Fine < P10,000.00 orFine < P10,000.00 or-Civil, criminal or administrative liability-Civil, criminal or administrative liability

DUTIES:

To Eliminate VAWC, barangay officials shall:To Eliminate VAWC, barangay officials shall:

Undertake an education program Undertake an education program on R.A. 9262 i.e., why VAWC on R.A. 9262 i.e., why VAWC exists, rights and remedies of exists, rights and remedies of victim survivors, duties of victim survivors, duties of residents and all barangay officialsresidents and all barangay officials

Have family violence prevention Have family violence prevention program including peer counseling program including peer counseling for menfor men

Support organizing efforts and Support organizing efforts and development programs for women development programs for women in the communityin the community

Prioritize livelihood projects for Prioritize livelihood projects for victim-survivorsvictim-survivors

Involve women on planning and Involve women on planning and implementation of all programs implementation of all programs and projects in the barangayand projects in the barangay

Anti-VAWC desk officer who shall Anti-VAWC desk officer who shall coordinate a 24-hour one-stop help coordinate a 24-hour one-stop help deskdesk

All barangay officials, health All barangay officials, health workers, workers, tanods, nutrition workers, workers, tanods, nutrition scholars undergo gender sensitivity scholars undergo gender sensitivity seminarsseminars

Develop system of documentation Develop system of documentation and report of VAWC cases and and report of VAWC cases and assistance programassistance program

Prescribe additional guidelines and Prescribe additional guidelines and standards consistent with R.A. standards consistent with R.A. 92629262

HANDLING OF VAWC CASES BY HANDLING OF VAWC CASES BY BARANGAY OFFICIALSBARANGAY OFFICIALS

Upon receiving information, verify and Upon receiving information, verify and seek police assistanceseek police assistance

Enter the dwelling whether or not PO Enter the dwelling whether or not PO was issued and ensure safety of victim was issued and ensure safety of victim survivorssurvivors

Interview, investigate and document Interview, investigate and document testimony; inform victim-survivors of testimony; inform victim-survivors of their rights and remedies; records shall their rights and remedies; records shall be confidential; right to privacy be confidential; right to privacy respectedrespected

Arrest perpetrator observing rules Arrest perpetrator observing rules on warrantless arrests and on warrantless arrests and confiscate any deadly weapon in confiscate any deadly weapon in the possession of the perpetrator the possession of the perpetrator or within plain viewor within plain view

Escort victim-survivor to the Escort victim-survivor to the nearest hospital or available nearest hospital or available medical facility for treatment and medical facility for treatment and medico-legal examination; assist medico-legal examination; assist in securing medico-legal reportin securing medico-legal report

If not arrested, advise perpetrator to If not arrested, advise perpetrator to leave the house to prevent violence leave the house to prevent violence and to go to the barangay center, and to go to the barangay center, DSWD, LGU or NGO, church or other DSWD, LGU or NGO, church or other groups that provide counselinggroups that provide counseling

In case victim-survivors are to be In case victim-survivors are to be placed in shelters, assist in taking their placed in shelters, assist in taking their belongings and in their transferbelongings and in their transfer

Report incident and refer to the Local Report incident and refer to the Local Social Welfare and Development Office Social Welfare and Development Office of the LGU and the PNP Women’s and of the LGU and the PNP Women’s and Children’s Protection Desk within 4 Children’s Protection Desk within 4 hours from the time of reportinghours from the time of reporting

If victim-survivor a minor applying If victim-survivor a minor applying for BPO, assist and refer to NGOs, for BPO, assist and refer to NGOs, social workers for counseling, social workers for counseling, temporary shelter and other support temporary shelter and other support servicesservices

Monitor respondent’s compliance to Monitor respondent’s compliance to BPOBPO

Ensure the safety and continued Ensure the safety and continued support during the 15-day period support during the 15-day period

Assist in filing complaintAssist in filing complaint Ensure that all pertinent documents Ensure that all pertinent documents

forwarded to the law enforcerforwarded to the law enforcer

Maintain separate logbook which shall be Maintain separate logbook which shall be kept confidentialkept confidential

Not attempt to influence victim-survivors Not attempt to influence victim-survivors to abandon claim; arbitration not to abandon claim; arbitration not applicableapplicable

counsel & explain to respondent counsel & explain to respondent obligation to supportobligation to support

Failure to reportFailure to report: fine <P10,000.00 or : fine <P10,000.00 or criminal, civil, administrative liabilitycriminal, civil, administrative liability

Administrative Complaint-Administrative Complaint-----Sangguniang Panglunsod or Bayan for Sangguniang Panglunsod or Bayan for gross neglect of duty or misfeasance gross neglect of duty or misfeasance

Duties & Functions of the Duties & Functions of the PNP-WCPD (IRR)PNP-WCPD (IRR)

Investigate i.e., take statement, Investigate i.e., take statement, collect evidence, etc.collect evidence, etc.

Refer to the nearest PNP crime Refer to the nearest PNP crime laboratory and/or hospital or any laboratory and/or hospital or any medical facilities for medico-legal medical facilities for medico-legal examination; ensure, if possible examination; ensure, if possible that the examining physician must that the examining physician must be of the name gender as the be of the name gender as the victim-survivor, esp. in sexual victim-survivor, esp. in sexual violence casesviolence cases

Only persons expressly authorized by Only persons expressly authorized by the victim survivor shall be allowed by the victim survivor shall be allowed by the WCPD officer inside investigation the WCPD officer inside investigation and examination roomand examination room

Ensure confidentiality; maintain Ensure confidentiality; maintain separate blotter for VAWC cases; separate blotter for VAWC cases; must not be accessible to mediamust not be accessible to media

Refer to social worker of the LGU, any Refer to social worker of the LGU, any available DSWD shelters, NGOs and available DSWD shelters, NGOs and other service providers for other service providers for psychosocial intervention and other psychosocial intervention and other rehabilitation programsrehabilitation programs

Forward investigation and all evidence Forward investigation and all evidence to the prosecutorto the prosecutor

If there are manifestations of BWS If there are manifestations of BWS validated by past police records and validated by past police records and witnesses’ testimonies, WCPD officer witnesses’ testimonies, WCPD officer shall inform the punong barangay, the shall inform the punong barangay, the local social worker or the concerned local social worker or the concerned NGOs, local, professional or civic NGOs, local, professional or civic groups for appropriate psychiatric and groups for appropriate psychiatric and psychological evaluation which may psychological evaluation which may form part of the evidence to be form part of the evidence to be presented in courtpresented in court

Assist in the application of PO and Assist in the application of PO and enforce POenforce PO

Respondent ASAP by entering dwelling Respondent ASAP by entering dwelling if necessaryif necessary

Confiscate weapon/firearm, etc. in plain Confiscate weapon/firearm, etc. in plain viewview

Effect warrant of arrest; effect Effect warrant of arrest; effect warrantless arrests under the ruleswarrantless arrests under the rules

Assist in facilitating transfer to a safe Assist in facilitating transfer to a safe place of choice including removal of place of choice including removal of personal belongingspersonal belongings

Monitor and follow-up case; Monitor and follow-up case; maintain periodic assessment maintain periodic assessment report of all casesreport of all cases

Participate in multi-disciplinary Participate in multi-disciplinary mechanismsmechanisms

Duties of Healthcare ProviderDuties of Healthcare Provider(physician, nurse, clinician, barangay (physician, nurse, clinician, barangay

health worker, therapist, counselor, etc.)health worker, therapist, counselor, etc.) Properly document victim’s physical, emotional Properly document victim’s physical, emotional

or psychological injuries;or psychological injuries; Properly record victim’s suspicions, Properly record victim’s suspicions,

observations and circumstances of the observations and circumstances of the examination or visit;examination or visit;

Automatically provide the victim free of charge Automatically provide the victim free of charge a medical certificate concerning the a medical certificate concerning the examination or visitexamination or visit

Keep records safe and available to victim upon Keep records safe and available to victim upon request;request;

Provide immediate and adequate notice of Provide immediate and adequate notice of rights and remedies pursuant to R.A. 9262 and rights and remedies pursuant to R.A. 9262 and services available to victimservices available to victim

(IRR) MEDICAL ASSISTANCE(IRR) MEDICAL ASSISTANCE

By Women and Children Protection By Women and Children Protection Unit (WCPU) in DOH-retained Unit (WCPU) in DOH-retained hospitals or in coordination with hospitals or in coordination with LGUs or other government health LGUs or other government health facilities:facilities: Complete physical and mental Complete physical and mental

examinationsexaminations Medical/surgical treatmentMedical/surgical treatment Psychological and psychiatric Psychological and psychiatric

evaluation and treatmentevaluation and treatment

Hospital confinement when necessaryHospital confinement when necessary

Referral to specialty hospital and other Referral to specialty hospital and other concerned agency as neededconcerned agency as needed

Manage the reproductive health concerns Manage the reproductive health concerns of victim-survivorsof victim-survivors

If necessary, contact the DSWD or social If necessary, contact the DSWD or social worker of the LGU for emergency worker of the LGU for emergency assistance or to the police women’s & assistance or to the police women’s & children’s deskchildren’s desk

Further, health care providers shall:Further, health care providers shall:

Properly document victim-Properly document victim-survivors’ complete condition, etc.survivors’ complete condition, etc.

Provide medical certificate free of Provide medical certificate free of charge---public hospitals & clinicscharge---public hospitals & clinics

Safeguard record and make the Safeguard record and make the same available upon request at same available upon request at actual costactual cost

Notify victim-survivors of rights, Notify victim-survivors of rights, remedies and services availableremedies and services available

Provide emergency careProvide emergency care

Duties of Other Government Agencies Duties of Other Government Agencies and LGUsand LGUs

Establish programs i.e., Establish programs i.e., education, information education, information campaign, seminars, symposia in campaign, seminars, symposia in nature, causes, incidence and nature, causes, incidence and consequences of VAWCconsequences of VAWC

Ensure education and training of Ensure education and training of their officers and personnel on their officers and personnel on the prevention of VAWCthe prevention of VAWC

(IRR) The following agencies shall (IRR) The following agencies shall specifically integrate VAWC issues specifically integrate VAWC issues in their strategy and program in their strategy and program formulation and implement formulation and implement programs and services for the programs and services for the prevention and elimination of prevention and elimination of VAWC and for the protection of VAWC and for the protection of VAWC victim-survivor:VAWC victim-survivor:

1.1. Bureau of Jail Management and Bureau of Jail Management and Penology (BJMP)Penology (BJMP)

2.2. Commission on Higher Education Commission on Higher Education (CHED)(CHED)

3. Department of National Defense (DND)3. Department of National Defense (DND)

4. National Police Commission 4. National Police Commission (NAPOLCOM)(NAPOLCOM)

5. National Commission on Indigenous 5. National Commission on Indigenous People (NCIP)People (NCIP)

6. National Statistical Coordination Board 6. National Statistical Coordination Board (NSCB)(NSCB)

7. Office on Muslim Affairs (OMA)7. Office on Muslim Affairs (OMA)

8. Philippine Information Agency (PIA)8. Philippine Information Agency (PIA)

9. Technical Education and Skills 9. Technical Education and Skills Development Authority (TESDA)Development Authority (TESDA)

Prohibited ActsProhibited Acts

Barangay Official or the court hearing Barangay Official or the court hearing the application for a P.O. shall not the application for a P.O. shall not order, direct, force or in any way order, direct, force or in any way influence the applicant to influence the applicant to compromise or abandon any of the compromise or abandon any of the reliefs sought.reliefs sought.

No mediation or conciliation of acts of No mediation or conciliation of acts of VAWC in the barangay (Sec 410-413 VAWC in the barangay (Sec 410-413 LGC amended)LGC amended)

Exemption from LiabilityExemption from Liability NO CRIMINAL, CIVIL, NO CRIMINAL, CIVIL,

ADMINISTRATIVE LIABILITY:ADMINISTRATIVE LIABILITY: Any person, Any person, private individual,private individual,

police authority, barangay official police authority, barangay official acting in accordance with law, who acting in accordance with law, who responds or intervenes without responds or intervenes without using violence or restraint greater using violence or restraint greater than necessary to ensure safety of than necessary to ensure safety of the victim.the victim.

Location of service provider shall Location of service provider shall not be disclosednot be disclosed

Rights of persons arrested shall be Rights of persons arrested shall be respectedrespected

Rights of VictimsRights of Victims Right to be treated with respect and dignity;Right to be treated with respect and dignity; Legal assistance from PAO or any public assistance Legal assistance from PAO or any public assistance

office; support services from DSWD, LGUs;office; support services from DSWD, LGUs; To be informed of their rights and services available To be informed of their rights and services available

including right to apply for protection order;including right to apply for protection order; Additional 10 day paid leave from work aside from Additional 10 day paid leave from work aside from

present paid leave benefits;present paid leave benefits; Certification that action is pendingCertification that action is pending

All legal remedies and support under the Family All legal remedies and support under the Family Code;Code;

Actual, compensatory, moral & exemplary damagesActual, compensatory, moral & exemplary damages Exception from payment of docket fee and other Exception from payment of docket fee and other

expenses if indigent or there is immediate expenses if indigent or there is immediate necessity.necessity.

Counseling & Treatment of OffendersCounseling & Treatment of Offenders

DSWD shall provide rehabilitative DSWD shall provide rehabilitative counseling and treatment of counseling and treatment of perpetratorsperpetrators

Constructive ways of coping with Constructive ways of coping with anger and reforming their waysanger and reforming their ways

When necessary, the Court shall When necessary, the Court shall order offender to submit to order offender to submit to psychiatric treatment or psychiatric treatment or confinementconfinement

(IRR) DSWD with NGOs and LGUs shall (IRR) DSWD with NGOs and LGUs shall ensure effective psychosocial ensure effective psychosocial rehabilitation of offender which rehabilitation of offender which includes but not limited to the includes but not limited to the following:following:

1.1. Development of policies and Development of policies and procedures relative to the delivery of procedures relative to the delivery of rehabilitation services ensuring its rehabilitation services ensuring its effectiveness and efficiencyeffectiveness and efficiency

2.2. Provision of appropriate training to Provision of appropriate training to City/Municipal Social Workers and City/Municipal Social Workers and other service providers who are other service providers who are implementing rehabilitative/treatment implementing rehabilitative/treatment programsprograms

3. Establishment of system of 3. Establishment of system of accreditation of counselors and accreditation of counselors and rehabilitation programs in rehabilitation programs in coordination with concerned coordination with concerned institutions and the academe for institutions and the academe for regulatory purposesregulatory purposes

Those issued with BPOs or TPOs & Those issued with BPOs or TPOs & PPOs shall be subject to mandatory, PPOs shall be subject to mandatory, rehabilitative counseling and rehabilitative counseling and treatmenttreatment

Perpetrators covered by the Perpetrators covered by the program:program:

1.1. Referred by the PNP Women and Referred by the PNP Women and Children Protection Desks, LGUs, Children Protection Desks, LGUs, NGOs, etc.NGOs, etc.

2.2. Referred by concerned citizens Referred by concerned citizens or groupsor groups

Confidentiality of Records Confidentiality of Records

Court records and barangay recordsCourt records and barangay records Right to privacy of victimRight to privacy of victim Violation: -contempt power of the Violation: -contempt power of the

courtcourt

1 year imprisonment & fine of not 1 year imprisonment & fine of not more than P500,000.00more than P500,000.00

((IRR) Mandatory Services & IRR) Mandatory Services & Entitlements for VAWC Victim-Entitlements for VAWC Victim-

SurvivorsSurvivors The DSWD and LGUs shall:The DSWD and LGUs shall:

a.a. Provide emergency shelter, psycho-Provide emergency shelter, psycho-social counseling and other social counseling and other rehabilitation servicesrehabilitation services

b.b. Ensure that service providers in Ensure that service providers in institutions/centers for women and institutions/centers for women and children are gender sensitive and children are gender sensitive and uphold the rights of women and childrenuphold the rights of women and children

c. Make available relevant skills training and c. Make available relevant skills training and other livelihood development servicesother livelihood development services

d. Ensure their successful social re-d. Ensure their successful social re-integration and after-careintegration and after-care

e. Continue to develop relevant programs e. Continue to develop relevant programs and strategies to ensure protection, and strategies to ensure protection, healing, recovery and social re-integration healing, recovery and social re-integration and address their emerging needs and and address their emerging needs and concernsconcerns

Inter-Agency Council Inter-Agency Council

DSWDDSWD NCRFWNCRFW CSCCSC CHRCHR CWCCWC DOJDOJ

DILGDILG PNPPNP DOHDOH DepEdDepEd DOLEDOLE NBINBI

IRR CommitteeIRR Committee

DSWD- DSWD- ChairChair

NCRFW-NCRFW-SecretariatSecretariat

DOJDOJ DILGDILG DOHDOH PNPPNP

Women’s Crisis Women’s Crisis CenterCenter

Women’s Legal Women’s Legal BureauBureau

KalakasanKalakasan

THANK YOU.THANK YOU.