Rights of Women and Children

7/26/2019 Rights of Women and Children

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What are the rights of a woman and a child under

the law on Anti-Violence Against Women

and Children. It is a State policy that we value the dignity of women and children and guarantees full

respect for human rights. The State recognizes the need to protect the family and its

memers particularly women and children! from violence and threats to their personal

safety and security "Sec. #! $.A. %#&#'.

We all (new aout the present news in show usiness and on )olitic involving celerity

couples or politician wife going to court *lling for the declaration of nullity of their

marriage and the wife alleging physical violence! se+ual ause! psychological ause!

emotional! economic ause and all other (ind of ause! as(ing the court to issue

protection order against their husands and as(ing the court for custody of their

children or at least as(ing for a visitorial right over their children.

,any of the women today are aware of the law regarding violence against women and

children ut truly many of them do not really understand what is this law is all aout.

,any elieve that this law only involves physical violence which is the most common

(ind or type of violence which women usually e+perience! many do not (now that thereare other types of violence or ause a woman or a child can e+perience in the hands of

another person not necessarily her husand. That is why our congress

enacted Republic Act No. 9262 also known as An Act Defning Violence Against

Women and Thei !hilden" #o$iding %o #otecti$e &easues %o Victims"

#escibing #enalties Thee%oe" And 'o (the #uposes )Anti*Violence

Against Women and !hilden+ to clearly de*ne! gives protection to women and

children from this (ind or type of ause and provide them penalties for violating the

same.

Violence comes in many forms! it does not only involve physical ut also psychological!

emotional! economic ause! se+ual or any action which will result to inury or death to

another person.

,o what eall- is Violence

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Accoding to the Wold /ealth (gani0ation" Violence is the intentional use of

physical force or power! threatened or actual! against oneself! another person! or

against a group or community! which either results in or has a high li(elihood of

resulting in inury! death! psychological harm! maldevelopment! or deprivation./ this

de*nition is very general that it involves any person without distinction whether as to

your se+! race! religions elief and political views.

0ow we a have to this discus one particular group of our society which are usually the

victims of ause or violence! and they are the women and children of our society. Its not

that men are not also a victims of ause or violence! however! if we will chec( the

statistics there are more women and children that are victims compared to men.

1esides there is no law today in the )hilippines that particularly protect men from ause

or violence! ut men must not worry ecause we have other remedies scattered all

over the $evised )enal Code of the )hilippines or we might never (now our congress will

enact a law protecting us men from ause or violence from our wife in the near future.

1ut let us focus now on the violence against women and children. So what really is $.A.

%#&# is all aout2 1ut *rst we must de*ne what is violence against women and children

under $.A. %#&#2

What is Violence against Women and !hilden unde R.A. 9262

Violence against women and their children/ refers to any act or series of acts

committed y any person against a woman who is his wife! former wife! or against a

woman with whom the person has or had a se+ual or dating relationship! or with whom

he has a common child. or against her child whether legitimate or illegitimate! within or

without the family aode! which result in or is li(ely to result in physical! se+ual!

psychological harm or su3ering! or economic ause including threats of such acts!

attery! assault! coercion! harassment or aritrary deprivation of lierty.

The aove paragraph de*ned the relationship etween the o3ender and the o3ender

person.

The o1ended peson must be the %ollowing

a. The wife or the former wife of the o3ender4

. Woman with whom the o3ender has or had a se+ual or dating relationship4



c. The mother of which the o3ender has a common child4

d. The child! whether legitimate or illegitimate child of the woman.

The (1ende must be the %ollowing

a. 5usands or former husands4

. A person with whom the victim has or had a se+ual or dating relationship this

includes live-in partners! oyfriends! or lesian partners4

c. A person who has a common child with the o3ended woman4

d. The father of the child who is the victim.

The de*nition also provide the acts of violence or ause that have een made against

the o3ended person and they are the following6

a. )hysical violence 7 refers to acts that includes odily or physical harm4

. Se+ual violence 7 refers to an act which is se+ual in nature! committed against a

woman or her child. It includes ! ut not limited to6

• $ape! se+ual harassment! acts of lasciviousness! treating a woman or her

child as a se+ oect! ma(ing demeaning and se+ually suggestive remar(s! physically

attac(ing the se+ual parts of the victim8s ody! forcing her9him to watch oscene

pulications and indecent shows or forcing the woman or her child to do indecent

acts and9or ma(e *lms thereof! forcing the wife and mistress9lover to live in the

conugal home or sleep together in the same room with the auser4

• Acts causing or attempting to cause the victim to engage in any se+ual activity

y force! threat of force! physical or other harm or threat of physical or other harm or

coercion4

• )rostituting the woman or child.

c. )sychological violence/ refers to acts or omissions causing or li(ely to cause mental

or emotional

su3ering of the victim such as ut not limited to intimidation! harassment! stal(ing!

damage to



property! pulic ridicule or humiliation! repeated veral ause and mental in*delity. It

includes

causing or allowing the victim to witness the physical! se+ual or psychological ause of

a memer of

the family to which the victim elongs! or to witness pornography in any form or to

witness ausive

inury to pets or to unlawful or unwanted deprivation of the right to custody and9or

visitation of

common children.

d. :conomic ause/ refers to acts that ma(e or attempt to ma(e a woman *nancially

dependent

which includes! ut is not limited to the following6

• Withdrawal of *nancial support or preventing the victim from engaging in any

legitimate profession! occupation! usiness or activity! e+cept in cases wherein the

other spouse9partner oects on valid! serious and moral grounds as de*ned in Article

;< of the =amily Code4

• >eprivation or threat of deprivation of *nancial resources and the right to the use

and enoyment of the conugal! community or property owned in common4

• >estroying household property4

• Controlling the victims8 own money or properties or solely controlling the

conugal money or properties.

What is 1attered Woman Syndrome/2

1attered Woman Syndrome/ refers to a scienti*cally de*ned pattern of psychological

and ehavioral

symptoms found in women living in attering relationships as a result of cumulative

ause.

It is a woman who was usually persistently physically! psychologically! emotional or

se+ual ause from another person usually her husand.

What is Stal(ing/2



Stal(ing/ refers to an intentional act committed y a person who! (nowingly and

without lawful

usti*cation follows the woman or her child or places the woman or her child under

surveillance directly or

indirectly or a comination thereof.

What is >ating $elationship/2

>ating relationship/ refers to a situation wherein the parties live as husand and wife

without the ene*t

of marriage or are romantically involved over time and on a continuing asis during the

course of the

relationship. A casual ac?uaintance or ordinary socialization etween two individuals in

a usiness or social

conte+t is not a dating relations

What ae the acts o% $iolence that the law will punished

)R.A. 9262+ The crime of violence against women and their children is committed

through any of the following acts6

"a' Causing physical harm to the woman or her child4

"' Threatening to cause the woman or her child physical harm4

"c' Attempting to cause the woman or her child physical harm4

"d' )lacing the woman or her child in fear of imminent physical harm4

"e' Attempting to compel or compelling the woman or her child to engage in conduct

which the woman or

her child has the right to desist from or desist from conduct which the woman or her

child has the right to

engage in! or attempting to restrict or restricting the woman8s or her child8s freedom of

movement or

conduct y force or threat of force! physical or other harm or threat of physical or other

harm! or

intimidation directed against the woman or child. This shall include! ut not limited to!



the following acts

committed with the purpose or e3ect of controlling or restricting the woman8s or her

child8s movement or

conduct6

• Threatening to deprive or actually depriving the woman or her child of custody to

her9his family4

• >epriving or threatening to deprive the woman or her children of *nancial

support legally due her or her family! or delierately providing the woman8s children

insu@cient *nancial support4

• >epriving or threatening to deprive the woman or her child of a legal right4 and

• )reventing the woman in engaging in any legitimate profession! occupation!

usiness or activity or controlling the victim8s own money or properties! or solely

controlling the conugal or common money! or properties.

"f' Inicting or threatening to inict physical harm on oneself for the purpose of

controlling her

actions or decisions4

"g' Causing or attempting to cause the woman or her child to engage in any se+ual

activity which

does not constitute rape! y force or threat of force! physical harm! or through

intimidation directed

against the woman or her child or her9his immediate family4

"h' :ngaging in purposeful! (nowing! or rec(less conduct! personally or through another!

that alarms

or causes sustantial emotional or psychological distress to the woman or her child. This

shall include! ut not e limited to! the following acts6

• Stal(ing or following the woman or her child in pulic or private places4

• )eering in the window or lingering outside the residence of the woman or her

child4

• :ntering or remaining in the dwelling or on the property of the woman or her

child against her9his will4

• >estroying the property and personal elongings or inicting harm to animals or

pets of the woman or her child4 and



• :ngaging in any form of harassment or violence.

"i' Causing mental or emotional anguish! pulic ridicule or humiliation to the woman or

her child!

including! ut not limited to! repeated veral and emotional ause! and denial of

*nancial support or

custody of minor children of access to the woman8s child9children.

What ae the penalties %o the o1ende in case o% con$iction

The law provides for the penalties that ranges from prision mayor to reclusion

perpetua! suect to ?ualifying circumstances under the $evised )enal Code. Which

means the o3ender can e in prison from & years to <B years depending on type of

crime that the o3ender have een convicted y the court. That the convicted o3ender

shall pay a *ne that ranges from )hpBB!BBB.BB to )hp<BB!BBB.BB and the o3ender

must undergo mandatory psychological counseling or psychiatric treatment and report

compliance to the court.

Whee to fle a complaint unde R.A. 9262 Anti* Violence against Women and

!hilden and which cout has 3uisdiction unde this law

The complaint must e *led on the place where the o3ense was committed or at the

place where any of its elements was committed. The $egional Trial Court designated as

a =amily Court shall have original and e+clusive urisdiction over cases of violence

against women and their children.

4ea$e a comment

August #! #B<

Residential 4and Titling ,implifed5 The NewResidential 'ee #atent Act )R.A. No. 7728+nstitutionali0ing 4and Titling o%Residential 4ands

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What is the New Residential 'ee #atent Act

Republic Act No. 7728! otherwise (nown as an Act Authoi0ing the ssuance

o% 'ee #atents to Residential 4ands o the 'ee #atent Act which was signed

into law y former )resident Dloria ,acapagal-Arroyo last ,arch %! #BB.

The newly enacted law aims to ease the re?uirements and procedures in the titling of

residential lands. This law will ene*t aout EB million =ilipinos who are living on

unregistered land today. This law amended $A %;&! otherwise (nown as the )ulic

Fand Act.

What is a %ee patent

Gnder the )ulic Fand Act! free patent is the ac?uisition of pulic lands y means of an

administrative con*rmation of imperfect title. It is intended to legalize the land rights of

=ilipinos who are founded to e occupying and cultivating such lands for a certain period

of time.



What ae the salient %eatues o% R.A. 7728

. $A BB#< reduces the period of eligiility for titling from <B years to B years.

5owever! only alienale land not needed for pulic service or pulic use may e given a

free patent.

#. Any =ilipino who has paid all the real estate ta+es for B years shall e entitled to free

patent for such parcel of land in all municipalities and cities.

<. The Faw avoids the lengthy and tedious process of ac?uiring a title through the courts

under the )ulic Fand Act which usually ta(es a long period of time.

E. In order to ?ualify! the land should not e+ceed #BB s?uare meters if it is in a highly

uranized city! HBB meters in other cities! ;HB meters in *rst-class and second-class

municipalities! and !BBB meters in third-class municipalities.

H. The law allows the issuance of free patents without payment of outstanding real

estate ta+es and removal of restrictions after issuance of free patents.

&. Focal government units may also apply for a free patent for pulic land eing used for

pulic schools! municipal halls! pulic plazas or par(s! and other government institutions

for pulic use.

;.The Faw provides security of the property rights of the owner and will also facilitate

the title holders to credit facilities of an(s and other *nancial institutions using their

land titles as collateral for loans.

. With the new law signed! landowners can now apply with the >epartment of

:nvironment and 0atural $esources ">:0$' to ac?uire a title through a free patent.

What is a esidential %ee patent

A residential free patent is issued on all land that are zoned as residential areas!

including town sites as de*ned under the )ulic Fand Act! provided that none of the

provisions of )> ;BH shall e violated.

Who ae eligible to appl- %o a esidential %ee patent



Any =ilipino citizen who is in actual occupation of the residential land for at least B

years may apply for residential patent. The applicant must e at least years old! if

the applicant is a minor he or she must e represented y their legal guardians. The

heirs of a deceased applicant may sustitute the applicant provided that they

themselves possess the re?uired application. Jnly one application shall e allowed per

applicant.

Whee to fle an application %o a esidential %ee patent

Application shall e *led at the Community :nvironment and 0atural $esources J@ce

">:0$ 7 C:0$J' which has urisdiction over the area eing applied for.

Documents

Rights of Women and Children