The Anti-Violence The Anti-Violence Against Women & Their Against Women & Their

Children Act of 2004Children Act of 2004

Salient FeaturesSalient FeaturesBY: WILLIAM S. VARELABY: WILLIAM S. VARELA

Dedicated to my wife Anne M. Varela as Founder of BIGKIS KABABAIHAN and to her co-Dedicated to my wife Anne M. Varela as Founder of BIGKIS KABABAIHAN and to her co-founder Mary Ann Pacio, Rose Evasco, Gemma Lapitan and Annabelle Layanan… Keep founder Mary Ann Pacio, Rose Evasco, Gemma Lapitan and Annabelle Layanan… Keep

up the good work as GOD said in … up the good work as GOD said in … Ephesians 2:10  

For we are his workmanship, created in Christ Jesus for good works, which God For we are his workmanship, created in Christ Jesus for good works, which God prepared beforehand, that we should walk in them.prepared beforehand, that we should walk in them.

Types of Violence Punishable Types of Violence Punishable under this Lawunder this Law

PHYSICAL VIOLENCEPHYSICAL VIOLENCE- Physical injuries- Physical injuries- Mutilation- Mutilation

PSYCHOLOGICAL VIOLENCE- acts or omissions PSYCHOLOGICAL VIOLENCE- acts or omissions causing or likely to cause mental or emotional causing or likely to cause mental or emotional suffering, including:suffering, including:- Stalking- Stalking- Damage or property- Damage or property- Ridicule- Ridicule- Repeated verbal abuse- Repeated verbal abuse- Depriving the woman of access to her family- Depriving the woman of access to her family- Marital infidelity- Marital infidelity

Types of Violence Punishable Types of Violence Punishable under this Lawunder this Law

SEXUAL VIOLENCESEXUAL VIOLENCE

- Forcing the woman to watch - Forcing the woman to watch obscene movies obscene movies

- Forcing the woman to engage in - Forcing the woman to engage in any sexual actany sexual act

Types of Violence Punishable Types of Violence Punishable under this Lawunder this Law

ECONOMIC ABUSE – acts that make or ECONOMIC ABUSE – acts that make or attempt to make a woman financially attempt to make a woman financially dependent, including:dependent, including:

- withdrawal of financial support; - withdrawal of financial support; preventing her from engaging in a preventing her from engaging in a legitimate profession,business or activitylegitimate profession,business or activity

- deprivation or threat of deprivation of - deprivation or threat of deprivation of financial resources and the right to use financial resources and the right to use conjugal or community propertyconjugal or community property

Def.: Violence Against Women Def.: Violence Against Women & their children (VAWC)& their children (VAWC)

any act or series of acts committed any act or series of acts committed by any PERSON (male or female)by any PERSON (male or female)

against a WOMAN who is his wife, against a WOMAN who is his wife, former wife, or with whom the person former wife, or with whom the person has or had a sexual or dating has or had a sexual or dating relationships, orrelationships, or

with whom he has a common child, orwith whom he has a common child, or against her childagainst her child within or outside the residencewithin or outside the residence

Def: VAWCDef: VAWC

Which result or Which result or likely to resultlikely to result in in physical, sexual, psychological harm physical, sexual, psychological harm or suffering or economic abuse or suffering or economic abuse including threats of such acts, including threats of such acts,

Battery, assault, coercion, Battery, assault, coercion, harassment or arbitrary deprivation harassment or arbitrary deprivation of libertyof liberty

Who are protectedWho are protected

Women and Women and

children of the abused womanchildren of the abused woman

Who are liableWho are liable

Husband, ex-husbandHusband, ex-husband Boyfriend or ex Boyfriend or ex Father of the woman’s childFather of the woman’s child Lesbian girlfriends/partners or ex Lesbian girlfriends/partners or ex

partnerspartners Any person with whom the woman Any person with whom the woman

has/had a sexual or dating has/had a sexual or dating relationshiprelationship

Statutory ConstructionStatutory Construction

Liberally construed to promote the Liberally construed to promote the protection and safety of victims of protection and safety of victims of VAWCVAWC

Sec. 5 Acts of VAWCSec. 5 Acts of VAWC

Causing, threatening, attempting to Causing, threatening, attempting to cause physical harm to woman or cause physical harm to woman or her childher child

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

Attempting or compelling the women Attempting or compelling the women or her child to engage in conduct or her child to engage in conduct which they have a right to desist which they have a right to desist from, or tofrom, or to

desist from conduct which they have desist from conduct which they have a right to engage ina right to engage in

Sec. 5 ActsSec. 5 Acts

attempting to restrict or restricting attempting to restrict or restricting the woman’s or her child’s freedom the woman’s or her child’s freedom of movement or conduct by force of movement or conduct by force or threat of force, physical or other or threat of force, physical or other harm or threat of physical or other harm or threat of physical or other harm,harm,

intimidation directed against the intimidation directed against the woman or her childwoman or her child

Sec. 5 ActsSec. 5 Acts

Acts committed Acts committed with the purpose or with the purpose or effecteffect of controlling or restricting the of controlling or restricting the woman’s or her child’s movement woman’s or her child’s movement by:by:

(1) depriving or threatening to (1) depriving or threatening to deprive the woman or her child or deprive the woman or her child or custody or access to her familycustody or access to her family

(2) depriving them of financial (2) depriving them of financial support;insufficient financial supportsupport;insufficient financial support

Sec. 5 ActsSec. 5 Acts

(3) Depriving or threatening to (3) Depriving or threatening to deprive the woman or her child of a deprive the woman or her child of a legal rightlegal right

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

Sec. 5 ActsSec. 5 Acts

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 decisionscontrolling her actions or decisions

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

Sec. 5 ActsSec. 5 Acts Engaging in knowing or reckless conduct, personally Engaging in knowing or reckless conduct, personally

or through another, that alarms or causes substantial or through another, that alarms or causes substantial emotional or psychological distress to the woman or emotional or psychological distress to the woman or her child, including:her child, including:

(1) stalking(1) stalking(2) peering in window; lingering outside the (2) peering in window; lingering outside the residence residence (3) entering or remaining in the house or (3) entering or remaining in the house or on the property of the woman or her child on the property of the woman or her child(4) destroying property and personal (4) destroying property and personal belongings or causing harm to animals, pets belongings or causing harm to animals, pets(5) engaging in any form of harassment or (5) engaging in any form of harassment or violence * violence *

Sec. 5 Acts Sec. 5 Acts

Causing mental or emotional anguish, Causing mental or emotional anguish, public ridicule, humiliation including public ridicule, humiliation including repeated verbal and emotional abuserepeated verbal and emotional abuse**

denial of financial support or custody of denial of financial support or custody of minor children or denial of access to the minor children or denial of access to the woman’s child *woman’s child *

* PRESCRIPTION PERIOD: 10 years. All * PRESCRIPTION PERIOD: 10 years. All others, 20 yearsothers, 20 years

Sec. 6 PenaltiesSec. 6 Penalties

Aggravating circumstance: if the Aggravating circumstance: if the woman or child is pregnant or woman or child is pregnant or committed in the presence of her committed in the presence of her child, the penalty shall be the child, the penalty shall be the maximum of the period of penaltymaximum of the period of penalty

Imprisonment plus : fine of Imprisonment plus : fine of P100,000-P300,000, and mandatory P100,000-P300,000, and mandatory psychological counseling or psychological counseling or psychiatric treatmentpsychiatric treatment

VenueVenue

CRIMINAL ACTION: CRIMINAL ACTION: - Family Court or if none, - Family Court or if none, - In the Regional Trial Court where - In the Regional Trial Court where the crime or any of its elements was the crime or any of its elements was committed,committed,- at the option of the complainant. - at the option of the complainant.

PROTECTION ORDER : Family Court PROTECTION ORDER : Family Court in the residence of petitioner, if none, in the residence of petitioner, if none, in the RTC, MTC, MCTC in the RTC, MTC, MCTC

Protection OrdersProtection Orders

PROTECTION ORDER – to prevent further PROTECTION ORDER – to prevent further acts of violence against a woman or her acts of violence against a woman or her child.child.

To safeguard the victim from further To safeguard the victim from further harm,minimizing disruption in victim’s daily harm,minimizing disruption in victim’s daily life, and give her the opportunity and ability life, and give her the opportunity and ability to regain control over her life.to regain control over her life.

KINDS OF P.O. KINDS OF P.O. – Barangay– Barangay Protection Order Protection Order- Temporary Protection - Temporary Protection

OrderOrder- Permanent Protection - Permanent Protection

OrderOrder

Protection OrdersProtection Orders Prohibition from threatening or Prohibition from threatening or

committing, personally or through committing, personally or through another, any of acts in Sec. 5another, any of acts in Sec. 5

Prohibition from harassing, telephoning, Prohibition from harassing, telephoning, contracting the petitioner contracting the petitioner

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

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

Protection OrdersProtection Orders

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 respondent’s personal effects; supervise respondent’s removal of belongingsremoval of belongings

Temporary or permanent custody of childTemporary or permanent custody of child Support: automatic remittance of salary or Support: automatic remittance of salary or

income by employerincome by employer Directing DSWD or appropriate agency to Directing DSWD or appropriate agency to

provide shelter and social servicesprovide shelter and social services

Who may file for Protection Who may file for Protection Orders (P.O.)Orders (P.O.)

Offended partyOffended party Parents or guardiansParents or guardians Ascendants, descendants, collateral relatives Ascendants, descendants, collateral relatives

within 4within 4thth 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 BarangayPunong Barangay or or kagawadkagawad Lawyer, counselor, therapist, healthcare Lawyer, counselor, therapist, healthcare

providerprovider At least 2 citizens of the city or municipality At least 2 citizens of the city or municipality

who have personal knowledge of the offense who have personal knowledge of the offense

Barangay Protection OrderBarangay Protection Order

Issued by Issued by PunongPunong Barangay Barangay Effective for 15 days onlyEffective for 15 days only Ordering perpetrator to desist from Ordering perpetrator to desist from

committing physical harm or committing physical harm or threateningthreatening Ex parte proceedings Ex parte proceedings [[Sec. 5(a) & (b)Sec. 5(a) & (b)]]

KagawadKagawad can issue if can issue if PunongPunong Barangay Barangay is not availableis not available

Temporary Protection OrderTemporary Protection Order

Issued by the court on the day of Issued by the court on the day of filing filing

Ex parteEx parte Priority over all other casesPriority over all other cases Effective for 30 days; extendibleEffective for 30 days; extendible

Permanent Protection OrderPermanent Protection Order

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

such as election cases, habeas such as election cases, habeas corpus, cases of children (Sec. 20)corpus, cases of children (Sec. 20)

Public crimePublic crime

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

Battered Woman Syndrome Battered Woman Syndrome (BWS)(BWS)

BWSBWS- scientifically defined pattern of - scientifically defined pattern of psychological and behavioral symptoms psychological and behavioral symptoms found in women living in battering found in women living in battering relationships as a result of cumulative relationships as a result of cumulative abuse. abuse.

A defense; justifying circumstance; A defense; justifying circumstance; 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 Perpetrator of woman with BWS shall not

have custody have custody

Duties of Duties of BarangayBarangay Officials & Officials & Law EnforcersLaw Enforcers

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

DutiesDuties

Ensure enforcement of BPO, TPO, PPOEnsure enforcement of BPO, TPO, PPO Arrest without a warrant Arrest 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, abuse has just been committed, andand there there is imminent danger to life and limb of is imminent danger to life and limb of victimvictim

Immediately report the call for assistance of Immediately report the call for assistance of DSWD, LGU social workers or accredited DSWD, LGU social workers or accredited NGOsNGOs

Penalties for failure to reportPenalties for failure to report

Barangay Barangay official or law enforcer who official or law enforcer who fails to report the incident shall be fails to report the incident shall be liable for liable for

fine not exceeding P10,000 or civil, fine not exceeding P10,000 or civil, criminal or administrative liabilitycriminal or administrative liability

Prohibited ActsProhibited Acts

BarangayBarangay official or the court hearing 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 relief sought. relief sought.

No mediation or conciliation of acts No mediation or conciliation of acts of VAWC in the barangayof VAWC in the barangay

Exemption from liabilityExemption from liability

NO CRIMINAL, CIVIL, ADMINISTRATIVE NO CRIMINAL, CIVIL, ADMINISTRATIVE LIABILITY :LIABILITY :

Any person, Any person, private individualprivate individual, police , police authority, authority, barangaybarangay official acting in official acting in accordance with law, whoaccordance with law, who

responds or intervenes without using responds or intervenes without using violence or restraint greater than violence or restraint greater than necessary to ensure safety of the necessary to ensure safety of the victimvictim

Rights of victimsRights of victims

Right to be treated with respect & Right to be treated with respect & dignity; dignity;

Legal assistance; support services Legal assistance; support services from DSWD, LGUsfrom DSWD, LGUs

To be informed of their rights and To be informed of their rights and services availableservices available

Additional 10 day paid leave from Additional 10 day paid leave from work aside from present paid leave work aside from present paid leave benefitsbenefits

Counseling & Treatment of Counseling & Treatment of OffendersOffenders

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 ways.anger 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 confinementpsychiatric treatment or confinement

Confidentiality of recordsConfidentiality of records

Court records and Court records and barangaybarangay records records Right to privacy of victimRight to privacy of victim Violation: 1 year imprisonment & fine Violation: 1 year imprisonment & fine

of not more than P500,000of not more than P500,000

THANK YOU.THANK YOU.

This presentation was prepared by Atty. Rowena V. GuanzonThis presentation was prepared by Atty. Rowena V. GuanzonDILG Consultant on GADDILG Consultant on GAD