I GOT FLOWERS TODAYI GOT FLOWERS TODAY

I GOT FLOWERS TODAYI GOT FLOWERS TODAYIT WASN’T MY BIRTHDAY OR ANY OTHER IT WASN’T MY BIRTHDAY OR ANY OTHER

DAY.DAY.WE HAD OUR FIRST ARGUMENT LAST WE HAD OUR FIRST ARGUMENT LAST

NIGHTNIGHTAND HE SAID A LOT OF CRUEL THINGS AND HE SAID A LOT OF CRUEL THINGS

THAT REALLY HURT METHAT REALLY HURT MEI KNOW HE IS SORRY AND DIDN’T MEAN I KNOW HE IS SORRY AND DIDN’T MEAN

THE THINGS HE SAIDTHE THINGS HE SAIDBECAUSE HE SENT ME FLOWERS TODAY.BECAUSE HE SENT ME FLOWERS TODAY.

I GOT FLOWERS TODAYI GOT FLOWERS TODAYIT WASN’T OUR ANNIVERSARY OR ANY IT WASN’T OUR ANNIVERSARY OR ANY

OTHER SPECIAL DAYOTHER SPECIAL DAYLAST NIGHT HE THREW ME INTO THE LAST NIGHT HE THREW ME INTO THE WALL AND STARTED TO CHOKE MEWALL AND STARTED TO CHOKE ME

IT SEEMED LIKE A NIGHTMARE I COULDN’T IT SEEMED LIKE A NIGHTMARE I COULDN’T BELIEVE IT WAS REALBELIEVE IT WAS REAL

I WOKE UP THIS MORNING SORE AND I WOKE UP THIS MORNING SORE AND BRUISED ALL OVERBRUISED ALL OVER

I KNOW HE MUST BE SORRY…BECAUSE HE I KNOW HE MUST BE SORRY…BECAUSE HE SENT ME FLOWERS TODAY.SENT ME FLOWERS TODAY.

I GOT FLOWERS TODAYI GOT FLOWERS TODAYAND IT WASN’T MOTHER’S DAY OR ANY AND IT WASN’T MOTHER’S DAY OR ANY

SPECIAL DAYSPECIAL DAYLAST NIGHT HE BEAT ME UP AGAIN. AND LAST NIGHT HE BEAT ME UP AGAIN. AND

IT WAS MUCH WORSE THAN ALL THE IT WAS MUCH WORSE THAN ALL THE OTHER TIMESOTHER TIMES

IF I LEAVE HIM WHAT WILL I DO? HOW IF I LEAVE HIM WHAT WILL I DO? HOW WILL I TAKE CARE OF MY KIDS? WHAT WILL I TAKE CARE OF MY KIDS? WHAT

ABOUT MONEY?ABOUT MONEY?I’M AFRAID OF HIM AND SCARED TO I’M AFRAID OF HIM AND SCARED TO

LEAVE.LEAVE.BUT I KNOW HE MUST BE SORRY…BUT I KNOW HE MUST BE SORRY…

BECAUSE HE SENT ME FLOWERS TODAY.BECAUSE HE SENT ME FLOWERS TODAY.

I GOT FLOWERS TODAY. TODAY WAS A I GOT FLOWERS TODAY. TODAY WAS A VERY SPECIAL DAY. LAST NIGHT, HE VERY SPECIAL DAY. LAST NIGHT, HE

FINALLY KILLED ME.FINALLY KILLED ME.HE BEAT ME TO DEATH.HE BEAT ME TO DEATH.

IF ONLY I HAVE GATHERED ENOUGH IF ONLY I HAVE GATHERED ENOUGH COURAGE AND STRENGTH TO LEAVE HIM.COURAGE AND STRENGTH TO LEAVE HIM.

I WOULD NOT HAVE GOTTEN FLOWERS I WOULD NOT HAVE GOTTEN FLOWERS TODAY.TODAY.

CYCLE OF VIOLENCECYCLE OF VIOLENCEMYTHS OF VAWCMYTHS OF VAWC

MYTHS OF MYTHS OF VAWCVAWC

Myth 1Myth 1

A man can do A man can do whatever he whatever he

wants to his wifewants to his wife

THE TRUTH:THE TRUTH:

No man has the right No man has the right to beat his wife. to beat his wife.

Nothing a woman does gives a Nothing a woman does gives a man the right to hurt her, Even if man the right to hurt her, Even if he thinks she deserves it—even if he thinks she deserves it—even if she herself thinks she deserves she herself thinks she deserves it.it.

MYTHS OF VAWCMYTHS OF VAWC

Myth 2Myth 2

He wouldn’t He wouldn’t beat her if he beat her if he

didn’t love her so didn’t love her so muchmuch

THE TRUTH:THE TRUTH:

Love means showing Love means showing respect and kindnessrespect and kindness

Beating is not a sign of love.Beating is not a sign of love.

MYTHS OF MYTHS OF VAWCVAWCMyth 3Myth 3

Only, Only, ignorant men ignorant men

beat their wivesbeat their wives

THE TRUTH:THE TRUTH:

Violence is not just a Violence is not just a problem of poverty and problem of poverty and

ignorance.ignorance.Violence can happen in any Home: rich or Violence can happen in any Home: rich or

poor, educated or less educated, in the poor, educated or less educated, in the city or in the rural areas.city or in the rural areas.

MYTHS OF MYTHS OF VAWCVAWC

Myth 4Myth 4

It’s just It’s just because he because he

drinksdrinks

THE TRUTH:THE TRUTH:

Alcohol does not cause Alcohol does not cause violence, but it often violence, but it often

makes it worse.makes it worse.

Violence is also common in Violence is also common in places where people do places where people do

not drink alcoholnot drink alcohol

MYTHS OF MYTHS OF VAWCVAWCMyth 5Myth 5

It’s their business. It’s their business. It’s not right to It’s not right to

interfere with private interfere with private affairs of coupleaffairs of couple

THE TRUTH:THE TRUTH:

Violence is a social and Violence is a social and community health community health

problem.problem.

Violence is not just a family Violence is not just a family matter. Many women are matter. Many women are

hurt or killed. hurt or killed.

MYTHS OF VAWCMYTHS OF VAWCMyth 6Myth 6

It’s best for the It’s best for the children if she stays children if she stays with him. He can still with him. He can still be a good father to be a good father to

them.them.

THE TRUTH:THE TRUTH:

It is not always better for the It is not always better for the family when a woman stays family when a woman stays

with a violent man. He is with a violent man. He is teaching the children terrible, teaching the children terrible, wrong ways to deal with their wrong ways to deal with their

feelings, and about how feelings, and about how women should be treated.women should be treated.

THE TRUTH:THE TRUTH:

He is not being good to He is not being good to his children if he is his children if he is

beating their mother beating their mother or themor them

REPUBLIC ACT 9262REPUBLIC ACT 9262“ANTI-VIOLENCE AGAINST “ANTI-VIOLENCE AGAINST

WOMEN AND THEIR CHILDREN WOMEN AND THEIR CHILDREN ACT OF 2004”ACT OF 2004”

(Anti-VAWC)(Anti-VAWC)

BY: BY: PROS. LOLITA G. LUMAPAT-LOMANTAPROS. LOLITA G. LUMAPAT-LOMANTAOFFICE OF THE PROVINCIAL PROSECUTOR-CEBUOFFICE OF THE PROVINCIAL PROSECUTOR-CEBU

Violence against women and their Violence against women and their childrenchildren

-- refers to any act or a series of acts refers to any act or a series of acts committed by any person against a woman committed by any person against a woman or against her child whether legitimate or or against her child whether legitimate or illegitimate, within or without the family illegitimate, within or without the family abode, which result in or is likely to result abode, which result in or is likely to result in physical, sexual, psychological harm or in physical, sexual, psychological harm or suffering, or economic abuse.suffering, or economic abuse.

WomanWoman- refers to the following:- refers to the following:

1. wife1. wife

2. former wife2. former wife

3. one with whom the person has or 3. one with whom the person has or had ahad a

dating or sexual relationshipdating or sexual relationship

4. one with whom he has a common 4. one with whom he has a common childchild

ChildChild- person below 18 years of age or - person below 18 years of age or older but who is unable to fully take care older but who is unable to fully take care of himself/herself from abuse, neglect, of himself/herself from abuse, neglect, cruelty, exploitation or discrimination cruelty, exploitation or discrimination because of a physical or mental because of a physical or mental disability or condition.disability or condition.

ACT OR ACTS WHICH CONSTITUTE ACT OR ACTS WHICH CONSTITUTE VIOLENCE AGAINST WOMEN AND VIOLENCE AGAINST WOMEN AND

THEIR CHILDRENTHEIR CHILDREN

PHYSICAL VIOLENCE -PHYSICAL VIOLENCE - refers to acts refers to acts that include bodily or physical harm. It that include bodily or physical harm. It includes causing, threatening, includes causing, threatening, attempting to cause physical harm to attempting to cause physical harm to the woman or her child or placing the the woman or her child or placing the woman or her child in fear of imminent woman or her child in fear of imminent physical harm.physical harm.

SEXUAL VIOLENCE -SEXUAL VIOLENCE - refers to an act which refers to an act which is sexual in nature like rape, sexual is sexual in nature like rape, sexual harassment, acts of lasciviousness, harassment, acts of lasciviousness, treating a woman or her child as a sex treating a woman or her child as a sex object, making demeaning and sexually object, making demeaning and sexually suggestive remarks, forcing the wife and suggestive remarks, forcing the wife and mistress/lover to live in the conjugal home mistress/lover to live in the conjugal home or sleep together in the same room with or sleep together in the same room with the abuser, forcing the woman or her child the abuser, forcing the woman or her child to watch indecent shows or do indecent to watch indecent shows or do indecent acts, or prostituting the woman or child.acts, or prostituting the woman or child.

PSYCHOLOGICAL VIOLENCE -PSYCHOLOGICAL VIOLENCE - refers to refers to acts or omissions causing or is likely to acts or omissions causing or is likely to cause mental or emotional suffering of cause mental or emotional suffering of the victim like intimidation, harassment, the victim like intimidation, harassment, stalking, peering in the window or stalking, peering in the window or lingering outside the residence of the lingering outside the residence of the woman or her child, entering or remaining woman or her child, entering or remaining in the dwelling or on the property of the in the dwelling or on the property of the woman or her child against his or her will, woman or her child against his or her will, destroying the property, public ridicule or destroying the property, public ridicule or humiliation, repeated verbal abuse and humiliation, repeated verbal abuse and marital infidelity, or unlawful or unwanted marital infidelity, or unlawful or unwanted deprivation of the right to custody and/or deprivation of the right to custody and/or visitation of common children. visitation of common children.

ECONOMIC ABUSE -ECONOMIC ABUSE - refers to acts that refers to acts that make or attempt to make a woman make or attempt to make a woman financially dependent like withdrawal of financially dependent like withdrawal of financial support or preventing the financial support or preventing the victim from engaging in any legitimate victim from engaging in any legitimate profession, occupation or business, profession, occupation or business, deprivation or threat of deprivation of deprivation or threat of deprivation of financial resources and the right to the financial resources and the right to the use and enjoyment of their property, use and enjoyment of their property, controlling the victim’s own money or controlling the victim’s own money or properties or solely controlling the properties or solely controlling the conjugal money or properties.conjugal money or properties.

Remedies of the offended partyRemedies of the offended party

1. File a Petition for a Protection Order1. File a Petition for a Protection Order

2. File a Criminal Action for Violation of 2. File a Criminal Action for Violation of

Anti-VAWCAnti-VAWC

3. File a Criminal Action with 3. File a Criminal Action with reservationreservation

of a separate civil action; orof a separate civil action; or

4. File a Civil Action for Damages4. File a Civil Action for Damages

PROTECTION ORDER PROTECTION ORDER - an order issued - an order issued for the purpose of preventing or for the purpose of preventing or safeguarding further acts of violence safeguarding further acts of violence against a woman or her child, against a woman or her child, minimizing any disruption in the victim’s minimizing any disruption in the victim’s daily life, and facilitating the opportunity daily life, and facilitating the opportunity and ability of the victim to and ability of the victim to independently regain control over her independently regain control over her life.life.

KINDS OF PROTECTION ORDERKINDS OF PROTECTION ORDER

1. BARANGAY PROTECTION ORDER (BPO)1. BARANGAY PROTECTION ORDER (BPO) - issued - issued by the Punong Barangay, or in his absence the by the Punong Barangay, or in his absence the Barangay Kagawad, ordering the perpetrator to Barangay Kagawad, ordering the perpetrator to desist from causing or threatening to cause physical desist from causing or threatening to cause physical harm or bodily injury against the offended party. This harm or bodily injury against the offended party. This is effective for 15 days.is effective for 15 days.

2. TEMPORARY PROTECTION ORDER (TPO)2. TEMPORARY PROTECTION ORDER (TPO) - issued - issued by the court on the date of filing of the application or by the court on the date of filing of the application or in the course of the hearing and effective for 30 days.in the course of the hearing and effective for 30 days.

3. PERMANENT PROTECTION ORDER (PPO)3. PERMANENT PROTECTION ORDER (PPO) - issued - issued by the court after notice and hearing and effective by the court after notice and hearing and effective until revoked by the court upon application of the until revoked by the court upon application of the person in whose favor the order was issued. person in whose favor the order was issued.

RELIEFS GRANTED UNDER THE RELIEFS GRANTED UNDER THE PROTECTION ORDERPROTECTION ORDER

1. Prohibition from committing or threatening to commit 1. Prohibition from committing or threatening to commit acts of violence;acts of violence;

2. Prohibition from harassing, annoying, telephoning, 2. Prohibition from harassing, annoying, telephoning, contacting or communicating with petitioner;contacting or communicating with petitioner;

3. Removal or exclusion of respondent from residence 3. Removal or exclusion of respondent from residence of petitioner, regardless of ownership of the of petitioner, regardless of ownership of the residence, either temporarily or permanently;residence, either temporarily or permanently;

4. Directing respondent to stay away from the 4. Directing respondent to stay away from the residence, school, place of employment of petitioner residence, school, place of employment of petitioner or designated family or household member;or designated family or household member;

5. Directing lawful possession and use by 5. Directing lawful possession and use by petitioner of an automobile and other essential petitioner of an automobile and other essential personal effects, regardless of ownership;personal effects, regardless of ownership;

6. Granting a temporary or permanent custody of 6. Granting a temporary or permanent custody of a child/children to petitioner;a child/children to petitioner;

7. Directing respondent to provide support to the 7. Directing respondent to provide support to the woman and/or her child if entitled to legal woman and/or her child if entitled to legal support;support;

8. Prohibition to use, possess any firearm or 8. Prohibition to use, possess any firearm or deadly weapon and to surrender the same to deadly weapon and to surrender the same to the court including revocation of license and the court including revocation of license and disqualification to apply for license;disqualification to apply for license;

9. Actual damages;9. Actual damages;

10. Directing DSWD or any appropriate 10. Directing DSWD or any appropriate

agency to provide temporary agency to provide temporary shelter;shelter;

therapy, counseling, andtherapy, counseling, and

11. other reliefs11. other reliefs

WHO MAY FILE PETITION FOR WHO MAY FILE PETITION FOR PROTECTION ORDERPROTECTION ORDER

1. offended party1. offended party

2. parents or guardian2. parents or guardian

3. ascendants, descendants and other 3. ascendants, descendants and other relativesrelatives

4. Social Worker4. Social Worker

5. Police Officer5. Police Officer

6. Punong Barangay or kagawad6. Punong Barangay or kagawad

7. Lawyer, counselor or therapist7. Lawyer, counselor or therapist

8. Two (2) concerned and responsible citizens8. Two (2) concerned and responsible citizens

WHERE TO APPLY FOR A PROTECTION WHERE TO APPLY FOR A PROTECTION ORDERORDER

BPO- BPO- in the Barangay where the parties in the Barangay where the parties reside or where the respondent resides.reside or where the respondent resides.

TPO and PPOTPO and PPO- in the Family Court where - in the Family Court where the petitioner resides. If none, in the RTC, the petitioner resides. If none, in the RTC, MeTC, MTCC, MTC or MCTC where the MeTC, MTCC, MTC or MCTC where the petitioner resides. petitioner resides.

PENALTIES PENALTIES

a.Causing physical harm to the woman or her a.Causing physical harm to the woman or her child child

1. if constituting 1. if constituting attempted, frustrated or attempted, frustrated or consummated parricide or murder or consummated parricide or murder or homicide or mutilationhomicide or mutilation – punished in – punished in accordance with the provisions of the Revised accordance with the provisions of the Revised Penal Code;Penal Code;

2. if constituting 2. if constituting serious physical injuriesserious physical injuries – – penalty of penalty of prision mayor;prision mayor;

3. if constituting 3. if constituting less serious physical injuriesless serious physical injuries – punished by – punished by prision correccional;prision correccional; and and

4. if constituting 4. if constituting slight physical injuriesslight physical injuries – – punished by punished by arresto mayor.arresto mayor.

b. Threatening to cause the woman or her b. Threatening to cause the woman or her child physical harm – imprisonment of child physical harm – imprisonment of two (2) degrees lower than the prescribed two (2) degrees lower than the prescribed penalty for the consummated crime but penalty for the consummated crime but shall in no case be lower than shall in no case be lower than arresto arresto mayor.mayor.

c. Attempting to cause the woman or her c. Attempting to cause the woman or her child physical harm – punished by child physical harm – punished by arresto mayor.arresto mayor.

d. Placing the woman or her child in fear of d. Placing the woman or her child in fear of imminent physical harm – punished by imminent physical harm – punished by arresto mayor.arresto mayor.

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

f. Inflicting or threatening to inflict physical f. 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 – punished by punished by arresto mayor.arresto mayor.

g. Causing or attempting to cause the g. 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 – punished by immediate family – punished by prision prision mayor.mayor.

h. Engaging in purposeful, knowing, or h. Engaging in purposeful, knowing, or reckless conduct, personally or reckless conduct, personally or through another, that alarms or through another, that alarms or causes substantial emotional or causes substantial emotional or psychological distress to the woman psychological distress to the woman or her child – punished by or her child – punished by prision prision mayor.mayor.

i. Causing mental or emotional i. Causing mental or emotional anguish, public ridicule or anguish, public ridicule or humiliation to the woman or her humiliation to the woman or her child – punished by child – punished by prision mayor.prision mayor.

BATTERED WOMAN SYNDROME BATTERED WOMAN SYNDROME (BWS) -(BWS) - refers to a scientifically refers to a scientifically defined pattern of psychological and defined pattern of psychological and behavioral symptoms found in women behavioral symptoms found in women living in battering relationships as a living in battering relationships as a result of cumulative abuse. This is a result of cumulative abuse. This is a novel defense where victim-survivors novel defense where victim-survivors do not incur criminal and civil liability.do not incur criminal and civil liability.

People of the Phil. Vs.Marivic GenosaPeople of the Phil. Vs.Marivic Genosa GR No. 135981, January 15, 2004 GR No. 135981, January 15, 2004

PROCEDURE IN FILING PROCEDURE IN FILING

CRIMINAL CASE CRIMINAL CASE

Complainantfiles complaint

Police or other lawenforcement agency

Office ofthe Prosecutor

Documents which may be Submitted include:

affidavit of complainant,affidavits of witnesses,

Medical Certificate, Marriage Certificate,

Police Report , etc.

PROCEDURE IN FILING PROCEDURE IN FILING

CRIMINAL CASE CRIMINAL CASE

Conducts case(build-up

investigation)

Police or other law

enforcement agency

Files Complaintwith Prosecutor

Office Of the

Prosecutor

PROCEDURE IN FILING PROCEDURE IN FILING

CRIMINAL CASE CRIMINAL CASE

PreliminaryInvestigation

Office Of the

Prosecutor

Is thereprobable

cause?

DismissesComplaint

Files Informationwith proper

courtNO YES

- THE END -- THE END -