LEVEL OF AWARENESS ON PROTECTION OF WOMEN

IN SELECTED BARANGAYS IN THE

CITY OF SAN JOSE DEL MONTE, BULACAN

A Research Paper

Ma. Perpetua Arcilla- Serapio

April 2012

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 ABSTRACT

Domestic violence is one of the biggest human rights violations that affect women all
over the world regardless of their color, nationality, or age. This research aims to challenge
this view and examines the legal reasoning which demonstrates that the responsibility to
protect women from domestic violence lies with the State itself. For that purpose, domestic
violence is first defined in order to show that its scope is not limited to acts of physical and
sexual violence only, and that it also encompasses economic and emotional violence acts.
Even women themselves often ignore the real meaning of domestic violence, believing that
they are being subjected to ''normal behavior''. After defining its limits, domestic violence is
interpreted in the context of the right to be free from discrimination and the prohibition of
torture. The association of domestic violence with concrete human rights is crucial since it
helps to challenge the misunderstanding that such acts are private matters that have no
consequences for State responsibility.

CHAPTER I

THE PROBLEM AND ITS BACKGROUND

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INTRODUCTION

The most prevalent human rights violation that cuts across all sectors of society --

even the rich and highly educated – is violence against women (VAW). In 2006 a total of

5,758 VAW cases were reported to the police. Physical injury is prevalent, accounting for

38.86% reported attacks; Domestic violence ranks second with 26.07% of VAW cases. Rape

accounts for 16.65% of VAW cases (PNP). Although rape figures are low, it is an instrument

of power that has no boundaries inside the home as in marital rape; the community -where

rebels and the military use rape to torture and foment fear upon the enemy: and even outside

the country as in trafficking.

The Philippines has enacted several laws protecting women from violence; Anti-

Sexual Harassment, Anti-Rape and Rape Victim Assistance and Protection, Anti-Trafficking

in Persons, Anti-Violence against Women and Children with Women and Children’s Desks

and Services -- yet the implementation leaves much to be desired. Knowledge of the laws

among those who are supposed to enforce them -like the police and judges are scandalously

minimal, and much less among those who need them for their own personal protection.

Domestic violence can be emotional, psychological, economic, physical and even

sexual such as incest and marital rape. Domestic violence used to be considered a private

matter between husband and wife. A woman who ran to the police or the priest was often told

to go back to her abuser. She would suffer in silence until she finally worked up the courage

to leave for an uncertain future. Women and Children’s Protection Units were set up in police

stations and in government hospitals to identify VAW victims. Women usually do not say

they were battered when they come for treatment. Government and NGOs provide counseling

and shelters for abused women and their children. Hotlines for these services and shelters

need to be widely disseminated.

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 The UN declared the Decade for Women (1976-1985) to address the needs of women

around the globe for equality, peace and development in the Women-s-Rights-U-N-Decade-

Women-World-Conferences-on-Women. However violence against women (VAW) was not

recognized as a human rights issue until 1993 at the Vienna Conference on Human Rights.

For the first time women's rights were recognized as human rights and that violence against

women was a violation of women's human rights. In the conference, the UN General

Assembly adopted a Declaration for the Elimination of Violence against Women. The

Declaration clearly identified that VAW is based on gender inequality; hence, all

governments are expected to recognize VAW as a violation of human rights and address it.

The Declaration explicitly states that:

“Violence against women constitutes a violation of the rights and fundamental

freedoms of women and impairs or nullifies their enjoyment of those rights and

freedoms, and concerned about the long-standing failure to protect and promote those

rights and freedoms in the case of violence against women...violence against women

is a manifestation of historically unequal power relations between men and women,

which have led to domination over and discrimination against women by men and to

the prevention of the full advancement of women, and that violence against women is

one of the crucial social mechanisms by which women are forced into a subordinate

position compared with men”. ( United Nations Declaration on the Elimination of

Violence against Women, 1993)

The Declaration under Article 1 further defines the term VAW as: “any act of gender-

based violence that results in, or is likely to result in, physical, sexual or psychological harm

or suffering to women, including threats of such acts, coercion or arbitrary deprivation of

liberty, whether occurring in public or in private life”.

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 Women survivors in the Philippines have dealt with the different forms of VAW such

as domestic violence, marital rape, incest, reproductive rights violations, rape, sexual

harassment, sex discrimination, lesbophobia/homophobia, medical abuse, abuse of women

with physical or mental disabilities, culture bound practices harmful to women, ritual abuse

within religious cults, sexual slavery, prostitution and international trafficking of women,

pornography and abuse of women in media, abuse of women in internal refugee or relocation

camps, and custodial abuse.

The call for the eradication of all forms of violence against women continued to

flourish at the Fourth World Conference on Women in Beijing in 1995. The Beijing Platform

for Action (BPA) became the impetus for governments around the world, including the

Philippines, to implement its international commitments at the national level to promote,

protect and fulfil all women’s human rights and fundamental freedoms (civil, political, social

and economic rights) throughout their life cycle. (United Nations Fourth World Conference

on Women, Beijing China, September 1995, Platform for Action)

Thus, the BPA set other critical areas6 of concern that governments must address

including the magnitude of VAW situations that women face. The UN Millennium

Development Goals (MDG, 2000) further defined the international priorities and served as an

action agenda with a benchmark for meeting sustainable development for social and

economic rights, particularly of women and girls in poor and developing countries by 2015.

(The Beijing Platform for Action)

The particular focus for this paper is to be able to contribute in meeting the objectives

of MDG3 – promote gender equality and empower women – through the utilization of the

various LGUs, NGAs, NGOs and the Academic Sector particularly in the City of San Jose

Del Monte, Bulacan. MDG3 provides a solid basis for promoting gender equality and

women’s empowerment as well as a strategy for combating and eradicating VAW.

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 By eradicating VAW, we are addressing one of the major obstacles in achieving not

only MDG3 but also the whole UN MDG package (WHO, 2005). VAW is a long-standing

issue that not only affects women but also adversely affects sustainable social and economic

development of a country in the context of the MDG targets.

With the Anti-Rape Law (RA 8353) and the Anti-Violence Against Women and

Children (RA9262) Act, neighbors, relatives and others can now report abuse in the home.

Until now, women are hesitant to report their situation due to shame and fear. RA 9262 gives

respite from harm with protection orders that bar perpetrators from going near the victims.

Unfortunately, some barangay officials are still ignorant of this provision or the order is

delayed. Awareness of these laws and their rights must be made known to all. The CEDAW

Committee recommends enhanced data collection on various forms of VAW; research on

prevalence, causes and consequences of domestic violence as basis for intervention.

The importance of Republic Act No. 9262 (RA 9262) or the Anti-Violence Against

Women and their Children (Anti-VAWC) Act is not merely that it etched a much-needed policy

in law. RA 9262 is significant because it provided a conceptual framework based on which

domestic violence, one of the most common violations committed against women in the

Philippines, may be responded to by all sectors of society. More than being a legal document, it

lays down and promotes a real understanding of the nature of violence against women.

Five years after its celebrated passage, a serious and perceptive evaluation of the

implementation of this significant piece of gender legislation is in order. In doing so, it is

imperative that prevailing mindsets of concerned actors be considered. It is not enough to ask

whether anti-VAWC cases were filed and won. It is doubly important to know if a greater

part of society has grasped a deep enough understanding of violence against women that will

finally give way to its elimination. This is clearly not an easy task. Following the track of

monitoring and evaluating the state of implementation of RA 9262, an ideal one to take on

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the law’s fifth year of effectivity, the researcher has chosen to study an aspect of the law that

is closest to the household or domestic sphere.

A key provision of RA 9262 is making available the provisions of the law to guard a

violated woman from further physical harm. Authorizing villages or "barangays," the

country’s smallest local government unit (LGU), to issue and enforce BPOs is a source of

relief that is speedy and readily accessible. For this study, the researcher communicated with

police and barangay officials in order to assess how effectively the BPO provision of RA

9262 has been implemented. A simple data-gathering too was developed and distributed

among sample barangays in the City of San Jose Del Monte not only to gather statistics, but

also to gain first-hand knowledge of how barangay officials view domestic violence and how

they have made use of their legal powers to actually curb it and the mind-set of the victims as

well, in relation to the predicament they are in.

STATEMENT OF THE PROBLEM

1. What are the reported cases of violence against women by barangay in 2010-2011

in terms of:

1.1.Age group

1.2.Perpetrators and type of weapon used

1.3.Same of crime and status of disposition

2. What is the level of awareness of respondents on the reported cases of violence3

against women with regard to:

2.1.Age group

2.2.Perpetrator and type of weapon used

2.3.Scene of crime and status of disposition.

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 3. What are the implications of the study in relation to the level of awareness of the

protection of women and children relative to the VMG of the University as well as

to the specific mission of the Extension Program of the Bulacan State University,

Sarmiento Campus?

SIGNIFICANCE OF THE STUDY

This research seeks to determine the level of awareness on protection of women in

selected barangays of the City of San Jose Del Monte, Bulacan.

Specifically, this study will seek to address the following objectives:

1) To develop an appreciation of the level of understanding of the women of the City of

San Jose Del Monte on existing policy and legislation on VAWC;

2) To document experiences of victims on their level of awareness in the implementing

guidelines of the provision of RA 9262;

3) To point out the areas of weakness in terms of the implementation of the rights of the

women and determining their actual needs in relation to these; and

4) To identify the necessary executive, legislative and judicial actions that will lead to a

satisfactory implementation of RA 9262.

5) To help in the development of awareness on the rights of women and children in the

barangay level as well as in the victims themselves.

SCOPE AND DELIMITATION OF THE STUDY

The novelty of the remedies provided in RA 9262 created multiple legal challenges

for institutions mandated to implement the law. The problems related to cases in violation of

RA 9262 where the first step is in the implementation of the provisions of the law in the

Barangay level. To examine this situation more closely, the researcher conducted surveys in

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different barangays and Police Women’s Desk regarding their delivery of services under RA

9262. Queries on the incidence of the reported cases in these agencies and the cases

encountered through legal consultations were likewise gathered and are presented in this

paper.

A special difficulty in monitoring and evaluating the implementation of the law on

RA

9262 is brought about by the utter lack of organized data on either national or local levels.

Unless a nationwide data-gathering campaign is launched, one will have to rely on modest

efforts of this researcher to gather details from individual barangays and the police stations

therein. Though limited in scope, our data-gathering device is, at this point, the only way of

collecting relevant quantitative and qualitative data for evaluation and monitoring purposes.

For now, it sufficiently meets the following objectives: (1) To develop an appreciation of the

level of understanding of the women of the City of San Jose Del Monte on existing policy

and legislation on VAWC; (2) To document experiences of victims on their level of

awareness in the implementing guidelines of the provision of RA 9262; (3)To point out the

areas of weakness in terms of the implementation of the rights of the women and

determining their actual needs in relation to these; and (4) To identify the necessary

executive, legislative and judicial actions that will lead to a satisfactory implementation of

RA 9262; and (5) To help in the development of awareness on the rights of women and

children in the barangay level as well as in the victims themselves.

To supplement our data gathered from sample barangays, we will also present

relevant information from actual cases we encountered through many legal consultation

sessions, from 2010-2011.

The underlying goal of this study is to communicate the prevailing variance between

policy and action on the provision of RA 9262. It seeks to provide an illustration of how

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barangays fared in implementing their responsibilities under the law. While the research does

not attempt to paint a comprehensive assessment of access to barangay protection orders in

the entire San Jose Del Monte, it seeks to highlight, albeit in a limited capacity, how far

barangays have come in fulfilling their mandate under the law nearly five years after its

enactment.

As a person in the academe dealing with advocacy, education, and litigation, this

researcher is in a unique and crucial position to share its insight on how the law came to be,

how it is supposed to be implemented, and how its implementation is being carried out. This

has allowed the researcher to collaborate with many helpful NGOs, people’s organizations

and government offices in the gathering of barangay data. This study is a product of such

diverse experiences and meaningful collaborations.

CHAPTER II

THEORETICAL FRAMEWORK

The existence of the provision of related laws as a remedy is deeply and strongly

anchored on both international covenants, which the Philippines has acceded to or ratified,

and on our own local laws and legal systems.

RELEVANT THEORIES

International Agreements Theory

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 The Philippines has over many decades, given and repeatedly confirmed its assent to

international documents and treatises establishing the protection, promotion and fulfillment

of the right of women to live free from discrimination, inequality and violence against their

person. Foremost of these is its commitment as a member of the United Nations, whose

charter is the first international instrument to uphold the equal rights of men and women,

along with other human rights and fundamental freedoms. The Universal Declaration of

Human Rights afterwards echoed this provision, stating in its preamble that “the peoples of

the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in

the dignity and worth of the human person and in the equal rights of men and women and

have determined to promote social progress and better standards of life in larger freedom.”

Later, the Declaration on the Elimination of Violence Against Women recognized

violence as rooted in historical power inequalities between men and women, while

elucidating that VAW violates existing universal human rights norms. It also gave an

expansive definition of violence and emphasized the State obligation to ensure prevention,

investigation and punishment of perpetrators.

Aside from espousing these proclamations, the Philippines has also legally bound

itself to carry out their provisions, by signing the International Covenants on Economic,

Social and Cultural Rights, and on Civil and Political Rights. These unequivocally state that

the rights provided therein are applicable to all persons without distinction of any kind, and

lay down sex as such a ground of impermissible distinction. Both impose on acceding or

ratifying States the undertaking to ensure that women and men have equal right to the

enjoyment of all the rights they establish.

Despite these acts institutionalizing the denouncement of discrimination against

women around the world, they were still found lacking as there remained no recognition of

women’s human rights in mainstream human rights discourse, proclamations and practices.

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Priority was placed on international political rights rather than civil and political rights, while

the violation of women’s rights usually occurred within socio-economic spheres.

Nevertheless, these acts paved the way towards the creation of a legal document that focuses

specifically on women’s rights and freedoms, what constitute violations against them, and

how they may be remedied.

DEFINITION OF TERMS AND RELATED LAWS

VIOLENCE AGAINST WOMEN.

There is no universally agreed upon definition of violence against women. Some

prefer

broader definitions which, in addition to physical, sexual, and psychological violence, also

include structural violence such as feminization of poverty, unequal access to health,

education, and other services.

DOMESTIC VIOLENCE.

According to Radford and Stanko (1996), domestic violence is “one of the most

widespread, legitimized, invisible, and neglected forms of violence against women around the

world” (p. 68). Since such violence is still regarded as a private family matter in many

countries, the law is often mute when it comes to domestic violence. Thus, Radford and

Stanko (1996) point out that: The bulk of violence against women, that which occurs in

private, rarely comes to public attention, is scorned by the police, and the women who ask for

police intervention are left neglected and often abused by the very system financed by the

state to protect them. (p. 68) The pervasiveness of domestic violence has led feminist scholars

to question the prevailing concepts of the family, in particular the idealization of the family as

a peaceful and safe haven. According to Radford and Stanko (1996): The family, and the

institution of heterosexuality which underpins it, is a central institution in patriarchal society,

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one in which the private struggles around patriarchal power relations are enacted, and hence

one in which violence frequently features as a form of control of the powerless by the

powerful. (p. 78) Bograd (1988) extends this argument to emphasize that institutions of

marriage and family promote and uphold men’s use of violence against women. Similar

perspectives are also evident in non-Western feminist writings.

1.1. Recognize Domestic Violence

Domestic violence is also called domestic abuse, battering or intimate partner violence

which occurs between people in an intimate relationship. Domestic violence can take many

forms, including emotional, sexual and physical abuse and threats of abuse. Men are

sometimes abused by partners, but domestic violence is most often directed toward women.

Domestic violence can happen in heterosexual or same sex relationships.

It might not be easy to identify domestic violence at first. While some relationships are

clearly abusive from the outset, abuse often starts subtly and gets worse over time. You might

be experiencing domestic violence if you're in a relationship with someone who: (1) Calls

you names, insults you or puts you down; (2) Prevents you from going to work or school; (3)

Stops you from seeing family members or friends; (4) Tries to control how you spend money,

where you go, what medicines you take or what you wear; (5) Acts jealous or possessive or

constantly accuses you of being unfaithful; (6) Gets angry when drinking alcohol or using

drugs; (7) Threatens you with violence or a weapon; (8) Hits, kicks, shoves, slaps, chokes or

otherwise hurts you, your children or your pets; (9) Forces you to have sex or engage in

sexual acts against your will; (10) Blames you for his or her violent behavior or tells you that

you deserve it; (11) Portrays the violence as mutual and consensual

If you are a lesbian, bisexual or transgender, you might also be experiencing domestic

violence if you're in a relationship with someone who: (1) Threatens to tell friends, family,

colleagues or community members your sexual orientation or gender identity; (2) Tells you

13
that authorities won't help a lesbian, bisexual or transgender person; (3) Tells you that leaving

the relationship means you're admitting that lesbian, bisexual or transgender relationships are

deviant; (4) Says women can't be violent; (5) Justifies abuse by telling you that you're not

"really" lesbian, bisexual or transgender.

1.2. Pregnancy, children and domestic violence

Sometimes domestic violence begins or increases during pregnancy. During this

perilous time, your health and the baby's health are at risk. The danger continues after the

baby is born. Even if your child isn't abused, simply witnessing domestic violence can be

harmful. Children who grow up in abusive homes are more likely to be abused and have

behavioral problems than are other children. As adults, they're more likely to become abusers

or think abuse is a normal part of a relationship. You might worry that seeking help will

further endanger you and your child or that it might break up your family, but it's the best

way to protect your child — and yourself.

1.3 Break the cycle

If you're in an abusive situation, you might recognize this pattern: (1) Your abuser

threatens violence; (2) Your abuser strikes; (3) Your abuser apologizes, promises to change

and offers gifts; (3) The cycle repeats itself.

Typically the violence becomes more frequent and severe over time. The longer you stay

in an abusive relationship, the greater the toll on your self-esteem. You might become

depressed and anxious. You might begin to doubt your ability to take care of yourself or

wonder if the abuse is your fault. You might feel helpless or paralyzed. If you're an older

woman who has health problems, you might feel dependent upon an abusive partner. If you're

in a same sex relationship, you might be less likely to seek help after an assault if you don't

want to disclose your sexual orientation. If you've been sexually assaulted by another woman,

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you might also fear that you won't be believed. Still, the only way to break the cycle of

domestic violence is to take action — and the sooner the better.

1.4. Cycle of Violence

Abusive relationships tend to follow a cyclical pattern (Matthews, 2004, Walker, 1979, Weiss,

2000). The changes between the various stages presented are subtle, and vary depending on the

relationship and the nature of the abuse.

In the beginning phase of the abusive relationship, some type of abuse occurs. This can be

physical, sexual, or emotional, however, most often it is subtle and in the form of verbal insults or

accusations (Walker, 1979; Weiss, 2000). Sometimes, though, the initial incident is physical. After the

first episode of physical abuse, an abuser may not have to beat his partner to gain or maintain control.

The threat of violence may not be enough, because his partner knows he is capable of following

through on his threats. (Salber and Taliaferro, 1995).

Following this initial incident there is a tension building phase (Walker, 1979; Matthews, 2004).

The abuse continues in this phase, and while it might be physical, it continues to be more subtle.

Weiss (2000) describes a woman who was boiling a pot of soup when her husband walked by and

knocked her forward with his elbow, causing her to fall forward, burning her hand severely in the

boiling liquid. Later on, he denied being in the kitchen at all. In this second phase, the abused partner

may feel the need to keep

the abuser calm, and she may feel as if she is constantly "walking on eggshells" (Weiss, 2000,

Walker, 1979). She may also feel that she is at fault for the abuse, and begin to believe that if she

were only a "better partner" the abuse would stop. For example, the abused woman may start to

imagine if she dressed differently, was a better cook, or was more agreeable her partner would treat

her better (Weiss, 2000; Salber and Taliaferro,1995; McCue, 2008).

Building an abusive relationship takes time - if the abuse started occurring on the first date,

far fewer women would stay in the relationships as long as they do. Survivors of domestic violence

describe a "brainwashing" that occurs, which is difficult to quantify in empirical studies. Weiss (2000)

describes interviews with women in which they say the tension-building phase happened so gradually

15
they almost did not realize it. They describe abusers who picked at their self-worth by making off-

hand comments about their food intake, or their merit as a wife or a girlfriend, most being careful to

temper . These remarks by saying they were only looking out for their partner's well-being.

Eventually, the women begin to believe that their partners must be right in their critiques - after all,

he was only looking out for their best interests (Weiss, 2000).

The next stage is referred to as the explosion, and after the slow progression of the tension

building stage~ it may not come as a shock (Turner, 2002; Matthews, 2004). In this stage; the abuse

reaches a crescendo. Weiss (2000) reports stories ;from women whose partners have attempted to

push them from moving cars, brutally raped them, broken their noses, deliberately twisted their legs

after painful knee surgery, or otherwise hurt them severely. One woman noted that, as severe as the

beatings were, her partner always made sure to leave bruises on her arms, legs, and torso rather than

her face, so that the marks could be hidden by clothing.

In the making-up stage, the abuser may apologize for the abuse. He may promise that it will

never happen again, or blame the abused partner for forcing him to hurt her: (Walker, 1979). Other

common themes in. this stage are the abuser claiming his victim is exaggerating the abuse, or ever

claiming that it never happened, as in the case of the man who pushed his wife toward the boiling

soup.

Often in this stage, the abusers apologize profusely and swear that they will change (Weiss,

2000; Walker, 1979). The abused partner, whether or not she believes this claim, may be so relieved

that the abuse has stopped for the time being that she accepts him saying he will change and stay with

him. More possible reasons why abused women stay, in violent relationships will be discussed in the

next section.

Finally comes the calm, or honeymoon stage (Matthews, 2004; Weiss, 2000; Walker, 1979).

In this stage, the abused partner may begin 'to hope that her partner really meant it when he said it

would never happen again. The abuser may give gifts to his partner, and treat her kindly for a period

ranging anywhere from a few days to several months (Matthews, 2004; Weiss, 2000). Inevitably, the

situation will again decline-into tension building, explosion, and so on.

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 The specifics of these stages are as unique as the women that live them. As such, there are

few academic studies examining what specifically the stages look like. The details come from the

voices of the women who have lived these stories, and survived them.

Some women report their relationships being wonderful until they got married, at which point

the tension began building, sometimes slowly, sometimes quickly (Weiss, 2000). In the early stages of

the relationship, many women report this tension building stage as their partner's efforts to gain

control over their lives (Matthews, 2004; Bornstein, 2006). The abusers will attempt to isolate their

partners from their family, friends, and careers (Sullivan et al., 2004; Bowker, 1983). One woman

reported that her husband did not tell her parents when she gave birth to their first grandchild,

although he told his wife he had and that they did not care enough to visit. He continued to create

situations like this throughout their marriage, effectively separating her from her family. Another

woman reported that her husband told her landlord and a social worker who lived nearby that his wife

was addicted to alcohol and painkillers, which meant they did not think as much of it when they heard

yelling coming from the apartment (Neiss, 2000).

In the early stages of an abusive relationship, the escalating tension can be implied rather than

overt violence. The abusive partner may hit, kick; or break furniture or other inanimate objects, while

the abused partner watches. Displays of violence such as this are prophetic - the woman watching

knows that even though the “violence” is directed at a piece of furniture this time, it may be her next

time (Salber & Taliaferro, 1995; Matthews, 2004; Tjaden & Thoennes, 2001). The abuser may also

threaten or harm

the family pets as well (Weiss, 2000).

In some relationships, the tension building stage does not appear to be present at all. Weiss

(2000) describes a woman whose husband would physically abuse her seemingly out of the blue. In

the course of his apologies, he would also twist the incident around until she believed it was somehow

her fault, subtly conveying that ,she had pushed his buttons until he had no choice but to explode.

It is not uncommon for women, after leaving a violent relationship, to wonder how they had

believed they were somehow at fault for the abuse they endured. It is important to note, however, that

17
even if this tension building stage does not appear to be present, it almost always is. It may come, as

mentioned previously, in the form of comments about appearance, cooking, temperament, or others,

in the guise of "just trying to help." The quotation above is an example of how one abused woman

who was made to believe the violence was her fault explained what was happening to her (Weiss,

2000).

In other situations, the tension building stage is more overt, but still subtle. It may not involve

the sort of physical violence mentioned earlier, directed at the woman, pets, or inanimate objects

(Weiss, 2000; McCue, 2008). Instead it can be more verbal; emotional, or covert. For example, the

abuser may accuse his partner of having am affair, which can serve as a means to later "punish" her

(Matthews, 2004; Weiss, 2000) .

Violent relationships can be broken down in this cyclical nature, but as the interviews from

Weiss (2000) illustrate, no violent relationship is the same as any other, despite surface similarities.

Each woman's relationship is unique, as are the reasons they stay in them or return to them.

1.5. Reasons to Stay

The research yielded a myriad of reasons why abused women stay in abusive relationships,

or return to them. The most pressing of these reasons was safety. A woman who has been abused may

fear retaliation from her abuser if she leaves, them abusive environment or makes efforts to improve

her situation (Turner, 2002). The abuser in the situation may have made specific threats, stating that if

the used partner leaves, he will hurt or kill her, her children, or himself (Matthews, 2004).

Statistically, the most dangerous time for a woman in an abusive relationship is just prior to leaving

that relationship (Turner, 2002; Salber & Taliaferro, 1995). In fact, women who are divorced or

separated are 14 times more likely to report being the victim of violence by a spouse or ex-spouse.

Separated and divorced women make up 10 percent of American women, yet they report 75 percent of

intimate partner violence (US Department of Justice, 1998; McCue, 2008). It is possible that women

who are separated or divorced are more likely to report violence from their partner, when in fact it

could have occurred while they were

18
married as well. Regardless, these statistics speak to the danger that comes with leaving a violent

relationship, and why some women may choose to stay and survive day to day rather than make an

escape (McCue, 2008).

Long-Term Effects of Domestic Violence

The long term effects of domestic violence have not begun to be fully documented.

Battered women suffer physical and mental problems as a result of domestic violence.

Battering is the single major cause of injury to women, more significant that auto accidents,

rapes, or muggings. In fact, the emotional and psychological abuse inflicted by batterers may

be more costly to treat in the short-run than physical injury. Many of the physical injuries

sustained by women seem to cause medical difficulties as women grow older. Arthritis,

hypertension and heart disease have been identified by battered women as directly caused or

aggravated by domestic violence suffered early in their adult lives.

Battered women lose their jobs because of absenteeism due to illness as a result of the

violence. Absences occasioned by court appearances also jeopardize women's livelihood.

Battered women may have to move many times to avoid violence. Moving is costly and can

interfere with continuity of employment. Battered women often lose family and friends as a

result of the battering. First, the batterer isolates them from family and friends. Battered

women then become embarrassed by the abuse inflicted upon them and withdraw from

support persons to avoid embarrassment.

Some battered women are abandoned by their church when separating from abusers,

since some religious doctrines prohibit separation or divorce regardless of the severity of

abuse. Many battered women have had to forgo financial security during the separation

proceedings to avoid further abuse. As a result they are impoverished as they grow older.

One-third of the children who witness the battering of their mothers demonstrate significant

19
behavioral and/or emotional problems, including psychosomatic disorders, stuttering, anxiety

and fears, sleep disruption, excessive crying and school problems.

Those boys who witness their fathers' abuse of their mothers are more likely to inflict

severe violence as adults. Data suggest that girls who witness maternal abuse may tolerate

abuse as adults more than girls who do not. These negative effects maybe diminished if the

child benefits from intervention by the law and domestic violence programs. (Browne, 1987)

The Effect of Domestic Violence on Children

The tragic reality is that anytime a mother is abused by her partner, the children are

also affected in both overt and subtle ways. What hurts the mother, hurts the children. When

a mother is abused, the children may feel guilty that they cannot protect her, or that they are

the cause of the strife. They may themselves be abused, or neglected while the mother

attempts to deal with the trauma. The rate of child abuse is 6-15 times higher in families

where the mother is abused.

Children get hurt when they see their parents being yelled at, pushed, or hit. They may

feel confusion, stress, fear, shame, or think that they caused the problem. They grow up

learning that it's okay to hurt other people or let other people hurt them. A third of all children

who see their mothers beaten develop emotional problems. Boys who see their fathers beat

their mothers are ten times more likely to be abusive in their adult intimate relationships.

These children may exhibit emotional problems, cry excessively, or be withdrawn or

shy. Some may have difficulty making friends or have fear of adults. Many suffer from

depression and excessive absences from school. As an after effect they may use violence for

20
solving problems at school and home who may be at greater risk of being a runaway, being

suicidal, or committing criminal acts as juveniles and adults. As a result, the children who are

experiencing stress may show it indifferent ways, including difficulty in sleeping, bedwetting,

over-achieving, behavior problems, withdrawing, stomach aches, headaches and/or diarrhea.

These children who grow up in violent homes have much higher risks of becoming

drug or alcohol abusers or being involved in abusive relationships, as a batterer or a victim. It

is empirical that these children do not have to be abused themselves in order to be impacted

by violence in the home.

The only answer to this problem is to treat domestic violence for what it is - a crime.

We must fight the societal values that reinforce the stereotypes that encourage men to act

aggressively and use violence to solve problems; that women are weak and submissive and

should accept male dominance as the norm. Children must be taught at an early age non-

violent conflict resolution.

In homes where domestic violence occurs, fear, instability, and confusion replace the

love, comfort, and nurturing children need. These children live in constant fear of physical

harm from the person who is supposed to care for and protect them. They may feel guilt at

loving the abuser or blame themselves for causing the violence. "Domestic Violence,

Understanding a Community Problem," (National Woman Abuse Prevention Fund).

RA 9262

RA 9262 or the Anti-VAWC Act, enacted only fairly recently in 2004, specifically

focuses on the elimination of violence against women. At the time of its enactment and up to

the present, the reliefs given under the law to women in abusive relationships have proved

21
critical in enabling them to seek recourse against persons causing or committing acts of

violence against them, and in helping them take significant steps toward self- determination.

The Anti-VAWC Act was progressive in that it concretely identified the forms of and

acts which consist in violence against women and their children; who may be considered

perpetrators of violence; the sanctions that may be imposed on violators of prohibited acts;

and the civil and criminal remedies to which victims are entitled.

Among these remedies is the filing of a petition for a protection order with the court

or barangay in the place where the petitioner resides or is located, through which women

and/or their children, who were or are victims of any acts or omissions prohibited under the

law, may seek relief against the perpetrator. The law defines a protection order as one issued

to prevent further acts of violence against a woman and/or her child, and to grant other

necessary relief. Its purpose is to safeguard the victim from further harm, minimize any

disruption in the victim’s life, and facilitate the opportunity and ability of the victim to

independently regain control over her life (Section 8). If filed with the court, a temporary or

permanent protection order (TPO or PPO, respectively) may be issued.

In conjunction with or independently of this court-issued protection order, the victim

or other interested persons enumerated in the law may also file an application for a protection

order in the barangay. RA 9262 sets forth the definition of a BPO, the reliefs it may grant, the

procedure necessary for its issuance, its effectivity and enforceability, sanctions for its

violations, as well as the duties and responsibilities of barangay officials and other law

enforcers in its implementation. BPOs primarily enable battered/abused women, who have

limited or no access to Courts, to gain protection from further abuse through their own

barangays.

As the smallest political unit in the country, the barangay is unique and distinct

compared to other local government bodies. Because it is rooted in the community, it is

22
considered apolitical. Also, because its officials are considered to have moral ascendancy in

the community, they are conferred with an informal authority to settle community disputes.

Because of the barangay’s proximity to the community, it is able to immediately address and

give assistance to its constituents. For these reasons, RA 9262 confers on them a distinct role

in the elimination of domestic violence, or abuse of women in intimate relationships, at the

level of the LGU.

Local Government Code

RA 9262 recognizes the strategic position of the barangay as a local government unit

in playing a key role in the elimination of domestic violence. However, the duty and

responsibility of a barangay to intervene in situations of VAW find authority not only in the

Anti-VAWC law, but also in RA 7160 or the Local Government Code of the Philippines

(LGC), the main source of the LGU’s powers and functions. Section 384 of the LGC

provides thus: Role of the Barangay.. As the basic political unit, the barangay serves as the

primary planning and implementing unit of government policies, plans, programs, projects,

and activities in the community, and as a forum wherein the collective views of the people

may be expressed, crystallized and considered, and where disputes may be amicably settled.

(Emphasis supplied)

Indeed, the barangay has both the authority and capacity to most immediately respond

to situations of violence within its territorial jurisdiction. It is in the best position to extend

aid to victims of VAW, from providing emergency response to the household to the

establishment of centers where victims may seek shelter, among many other possible forms

of assistance.

Under RA 9262, it is the Punong Barangay that has the power to receive applications

for BPO and to issue such if s/he finds that there is basis for it. Her/his functions under the

LGC likewise authorize her/him to perform these functions, under the following provisions:

23
Section 389. Chief Executive: Powers, Duties, and Functions. - (a) The punong barangay, as

the chief executive of the barangay government, shall exercise such powers and perform such

duties and functions, as provided by this Code and other laws. (b) For efficient, effective and

economical governance, the purpose of which is the general welfare of the barangay and its

inhabitants pursuant to Section 16 of this Code, the punong barangay shall:

(1) Enforce all laws and ordinances which are applicable within the barangay; xxx

(2) Maintain public order in the barangay and, in pursuance thereof, assist the city or

municipal mayor and the sanggunian members in the performance of their duties

and functions; xxx

(14) Promote the general welfare of the barangay; and

(15) Exercise such other powers and perform such other duties and functions as may

be

prescribed by law or ordinance.

The powers and duties of the Sangguniang Barangay in implementing the BPO

provisions of RA 9262, on the other hand, find support in the following LGC provisions

detailing their general powers as local government officials:

SEC. 391. Powers, Duties, and Functions. - (a) The sangguniang barangay, as the legislative

body of the barangay, shall:xxx

(16) Provide for the organization of community brigades, barangay tanod, or

community service units as may be necessary; xxx

(19) Provide for the proper development and welfare of children in the barangay by

promoting and supporting activities for the protection and total development of

children, particularly those below seven (7) years of age;

(20) Adopt measures towards the prevention and eradication of drug abuse, child

abuse, and juvenile delinquency; xxx

24
 (23) Provide for the delivery of basic services; and

(24) Exercise such other powers and perform such other duties and functions as may

be prescribed by law or ordinance.

SEC. 392. Other Duties of Sangguniang Barangay Members. - In addition to their duties as

members of the sangguniang barangay, sangguniang barangay members may:

(a) Assist the punong barangay in the discharge of his duties and functions;

(b) Act as peace officers in the maintenance of public order and safety; xxx

The legal bases elucidated provide a concrete framework for the present analysis.

With the above policies as a backdrop, an appropriate assessment may be carried out of how

the Philippines has fared in discharging its international obligations to ensure the equal rights

of men and women, and in implementing its own laws designed to achieve the same purpose.

RELATED STUDIES

Violence against Women by Intimate Partners in the Philippines

A cursory glance at the situation of women in the Philippines reveals an irony. On the

one hand, the Philippines enjoys a high rating with regard to international indices on gender.

The country ranked 86th out of 182 countries in the 2007 Gender and Development Index

(GDI), and 59th in the Gender Empowerment Measure (GEM) of the same year (UNDP,

Human Development Index 2009). Another global index, the Gender Gap Index of the

World Economic Forum (Geneva 1971), ranked the Philippines 6th worldwide with respect

to its efforts to address gender disparity in economic participation, education, health and

politics. In the latter index, the Philippines is the only country in Asia among the top 10

which is composed mostly of European countries.

Since 2004, wife battering cases were included in 'violation of RA 9262' if the victims

file a case under such law, otherwise the cases still fall under wife battering/physical injuries

25
category. The National Commission on the Role of Filipino Women noted that “ in 2008, the

number of violence against women cases reported to the police rose by 21% from the 2007

report. The increase caused the trend to go upward after a six-year downward trend from

2001 to 2006 and that for the past twelve years since 1997, the trend peaked at a record high

of 9,132 VAW cases in 2001. ..Among the regions, the National Capital Region (NCR)

posted the highest reported violence against women cases from January to December 2008

with 1,541 reported cases, accounting 22 percent of the total reported VAW cases nationwide

for that year (http://www.ncrfw.gov.ph).

Underreporting of cases exists since some women do not speak about the violence

experienced due to several factors such as shame and self-blame for the violence, fear of the

abuser’s retaliation, limited resources to pursue justice, inaccessible or unavailable facilities

where one can report the violence, among others. In cases of intimate partner violence, many

women also experience being “filtered out” of the legal justice system when they are

pressured by village mediators to reconcile with their abusive partners (Women’s Legal

Bureau, “Engendering the Barangay Justice System” 2004).

Violence against women by intimate partners occurs in a context where there is

gender disparity in political and economic participation of women and men. The Women in

Nation-Building Act of 1991 (Republic Act 7192) asserts the right of women to equal

participation in the formulation and the benefits of government programs and recognized

women’s capacity to act as equal to that of men, e.g., in entering into contracts, memberships

in social clubs, admission to military schools and in securing access to credit and social

security benefits. In 2005, all government institutions were mandated by law to formulate

Gender and Development (GAD) Plans and allocate at least five percent (5%) of their

respective annual budgets for the implementation of these plans (RA 9336 or General

26
Appropriations Act of 2005).Although women and men are roughly equal in terms of

population in the Philippines, women’s representation in certain sectors is very low.

Women in formal public decision-making making spaces continue to be limited and

representation of their gender-specific interests remains marginalized. Results from the 2004

Philippine elections show that women are only 16.62 per cent of the local government

officials, 15.24 per cent of the Congressional representatives, and 16.67 per cent of the

senators(National Statistical Coordination Board. Factsheet on Gender. www.nscb.gov.ph) .

It has been noted that gender equality issues are not priorities in Congress(WEDPRO and the

Institute for Popular Democracy, 2006) .Top-level leadership positions are also elusive for

women even in social movements. Building a women’s vote or a women’s political bloc to

lobby gender-specific interests in the legislature remains a critical agenda for the women’s

movement in the country (Ibid).

The labor force participation of women , however relatively high at 87.7 per cent, is

still less than that of men’s which is 90.7 per cent. The gap is even wider in the rural areas

where 86.6 per cent of the women are engaged in productive work compared to 93.2 per cent

of the men (Stiftung, “Gender Issue-Philippines”, 2008). In terms of labor force participation

rate, women lag behind men at 50.2 per cent and 79.5 per cent respectively (National

Statistical Coordination Board. Factsheet on Gender. www.nscb.gov.ph) . Based on data from

the Civil Service Commission, 57.59 per cent of government employees in Career Service

positions are women, however most of them are found in first and second level positions

(99.1 per cent of the women compared to 93.3 per cent of the men). Third level positions are

still dominated by men (4.4 per cent of the men compared to 0.6 per cent). In terms of

income, women’s earnings are generally lower than men’s. In top executive and managerial

positions, women’s salaries are only 24 per cent of men’s. However, the reverse pattern is

true in the lower rungs of occupational hierarchy. The women’s salary in professional and

27
technical work exceeds men’s by 40 per cent. In clerical and sales work, women earn 15 and

17 per cent, respectively, more than men (Stiftung, “Gender Issue-Philippines, 2008). Gender

stereotyping of female laborers into unskilled work also explained the lower wages compared

to their male counterparts who are tracked into skilled work.

Despite the positive economic growth in the past six years (estimated at an average of

5 per cent (CIA World Factbook – Philippines.

https://www.cia.gov/library/publications/theworld factbook/geos/rp.html), real and

substantial changes in the micro or household level still remains to be felt. The results of a

Social Weather Station survey released in July 2008 showed that 59 per cent of Filipino

families, or about 10.6 million families, rated themselves as poor. Moreover the same survey

showed that 49 per cent of Filipinos considered themselves as “food-poor” while another 26

per cent rated on the “food-borderline”( Social Weather Stations Media Release,

www.sws.org.ph/pr080731.htm).

In a report to the UN Committee for the Elimination of Discrimination against

Women, the DSWD Secretary noted: “Continuing poverty in the nation exacerbates gender

issues. Almost a quarter of the population, and close to a third of Filipino women live below

the poverty line. Rural women bear the brunt of impoverishment” (Cabral, 2006).

Women are multiply burdened by the demands of their reproductive work in the

home, in addition to productive labor that they must take on so their families can make ends

meet. In poorer communities, women’s productive work often meant work in the informal

sector where women are marginalized and have no access to social security or support

systems (CEDAW Committee (2004: 39).

More and more women, regardless of civil status, leave the country each year to work

abroad in order to support their families. For the past decade, females have comprised as

much as 70 per cent of overseas workers. Women are mostly in service work where they are

28
very vulnerable to physical and sexual abuse, drug dependence, prostitution, mysterious or

violent deaths, and trafficking(Ibid).

Surviving Violence, Breaking the Silence and Seeking Justice

The stories of women who survived violence, and broke the silence, highlight the

dilemma of many women abused by their intimate partners. A number of Philippine laws,

including RA 9262, have provisions for the protection of abused women and for redress of

their grievances.

However, many women expressed uncertainty on whether laws, including RA 9262,

will protect them and will ensure their access to justice and services. Women expressed

anxieties about whether government officials will believe them when they come forward with

complaints of abuse by intimate partners or whether they will be taken seriously. The women

interviewed reported the abuse to authorities only when the violence became a survival issue,

that is, when they and/or their children were already at risk.

Women victim-survivors of violence also informed the researcher of various factors

that reinforce their silence or hesitance to report abuse. The factors are: women were blamed

when abuse occurs; pressures from the women’s family and the communities “to make the

intimate relationship work” or “to keep the relationship for the sake of the children”; the

women are overwhelmed by the abuse which prevents them from considering more strategic

actions against violence; because the abuse occurs within the context of marriage,

cohabitation or some form of intimate relationship, the women think that the solution is

private and must be worked out by the partners.

Repeated abuse takes a toll on the women’s self-esteem thus making it more difficult

for them to end the abuse. Some women expressed fear that they were already losing their

sanity as an effect of violence. Some women entertained thoughts of killing their abusive

29
partners. Two victim-survivors prepared weapons — a gun and a metal pipe — hoping to

defend themselves in the inevitable next episode of violence. But, they never used them

because they feared imprisonment. They endured violence for several years (Avisado, 2008).

According to women victim-survivors of violence in the CSJDM, one of the reasons

they did not seek help for many years was that they did not believe anyone would listen to

them and give any importance to their complaints (Avisado, 2008).

Thus, often responses of women to the abuse are limited to coping and adjusting to

the situation. While they fear for their safety, they are also afraid of society’s rebuke of

women who are not able to “save” their relationships.

CONCEPTUAL FRAMEWORK

INPUT PROCESS OUTPUT

Reported Cases of
Violence: Awareness and
1. Seminars decrease in domestic
2. Outreach violence against
1. RA 9262
Programs women and their
2. RA 7610
3. Legal children by their
3.Barangay Protection spouses and proper
Counselling
Order violations implementation of
4. Media
4. Other Women’s Barangay Protection
5. Academe
Rights Orders

30
 CHAPTER III

METHODS OF RESEARCH

Interviews and questionnaires were given in 2012 among barangay officials, San Jose

Del Monte Police, Women’s Desk and victims. The real names of the women victim-

survivors are not included to protect their identity and security. The group discussions were

held in selected barangays of the City of San Jose Del Monte: Muzon, Towerville, Bagong

Buhay 3 and Narra, Francisco Homes. A total of 97 persons were interviewed and

participated in answering the questionnaires. Anti-VAWC Law and literature were asked on

their awareness of the law and their rights.

Survey forms were distributed to four focus areas: Muzon, Towerville, Bagong Buhay

3 and Narra, Francisco Homes. Identified areas were chosen based on the number of cases

filed in court, the period covering 2010-2011. While the number of respondents may be

small, especially in comparison to the total number of barangays in the City of San Jose Del

Monte which is fifty-nine (59), the sample provides a fair illustration of how barangay

officials carry out their functions as mandated by RA 9262. Female victims of these

Barangays were asked to answer the survey based on their own experiences as regards the

handling of BPO cases. As some officials were newly elected, certain answers were limited to

their term starting 2007. Survey questions covered the number of BPO cases accommodated

by the barangay since 2004; grounds cited in BPO applications as well as in the denial and

dismissal of these cases; time elapsed between a BPO application and its issuance and/or

renewal; other services provided by the barangay as mandated by RA 9262; and knowledge

and skills of barangay officials on the law.

31
 CHAPTER IV

PRESENTATION, ANALYSIS AND INTERPRETATION OF DATA

PRESENTATION OF FINDINGS

Cases of violations of Republic Act (RA) No. 9262 topped San Jose Del Monte’s list

of reported cases of violence against women in 2010 and 2011. Republic Act No. 9262 of the

Anti-Violence Against Women and Their Children Act has for its purpose the protection

family members, particularly, women and children, from violence and threats to their

personal safety and security, and to criminalize perpetrators of such acts.

As defined by the statute, violations of RA 9262 may consist of any act or a series of

acts committed by any person against a woman who is his wife: wife, former wife, or against

a woman with whom the person had a sexual or dating relationship, or with whom he has a

common child whether legitimate or not, within or without the family abode, which result in

harm or suffering, or economic abuse, including threats such as acts of battery, assault,

coercion, harassment or arbitrary deprivation of liberty.

In 2011, 160 cases of violations of RA 9262 were reported in the City of San Jose Del

Monte Police Women’s Desk. These cases constituted 43.6 percent of the 367 reported cases

of violence against women in the City in 2011. Reported cases of violations of RA 9262

doubled in 2011 from only 83 cases in 2010 as women became more aware of their rights

and are more unafraid to report such forms of acts to the concerned authorities. The

heightened awareness could be attributed to the utilization of the more popular forms of

media such as the tv and the radio to advocate the reporting of such acts and penalizing their

perpetrators. RA 9262 values the dignity of women and children, guarantees full respect of

human rights, and protects the family and their members.

32
 Profile of VAW Cases in the City of San Jose Del Monte that were filed in the Courts

Aside of the cases of violations of RA 9262, other major forms of VAW in the City

of San Jose Del Monte in 2011 include physical injuries, rape and acts of lasciviousness.

Reported VAW cases in the City dropped in 2011 from 395 cases in 2010. The highest case

of VAW were reported in Muzon (73 cases) followed by Towerville (56 cases) and Bagong

Buhay III (55 cases). Almost five of ten of the VAW cases in San Jose Del Monte were

violations of RA 9262.

Table 1
Reported Cases of Violence Against Women By Barangay: 2011

No. of CSJDM Kaypian Minuyan Muzon Gumaok Tower- Bagong Francisco Poblacion Fatima
Reported II ville Buhay III Homes
Cases
Rape 32 7 1 5 5 1 3 3 7 0
Attempted
Rape 6 3 0 0 0 1 0 0 2 0
Acts of
lasciviousness 24 2 3 3 2 4 4 2 2 2
Physical
Injuries 88 5 2 18 6 29 17 6 3 2
Violation of
RA 9262 160 16 8 36 20 17 14 29 14 6
Threats 9 1 2 3 0 1 0 0 0 2
Concubinage 9 1 1 1 1 3 1 1 0 0
Sex
Trafficking/ 2 0 1 0 1 0 0 0 0 0
White Slavery
Abduction/
Kidnapping 4 0 0 1 0 0 3 0 0 0
Unjust 1 0 0 0 0 0 0 0 1 0
Vexation
Homicide 7 0 1 0 2 0 2 2 0 0
Frustrated 1 0 0 1 0 0 0 0 0 0
Homicide
Slander 3 0 0 3 0 0 0 0 0 0
Oral 7 1 3 0 0 0 0 1 0 2
Defamation
Parricide/ 1 0 0 0 0 0 0 1 0 0
Frustrated
Maliscious 1 0 0 1 0 0 0 0 0 0
Mischief

No. of CSJDM Kaypian Minuyan Muzon Gumaok Tower- Bagong Francisco Poblacion Fatima
Reported II ville Buhay III Homes
Cases
Illegal 4 0 0 0 0 0 4 0 0 0
Recruitment
Theft 5 0 0 1 0 0 4 0 0 0
Estafa 2 0 0 0 0 0 2 0 0 0
Hold-up 1 0 0 0 0 0 1 0 0 0
Robbery
Total 367 36 22 73 37 56 55 45 29 14

33
Source: San Jose Del Monte Police, Bulacan

The data in Table # 1 indicates the reported cases of violence against women by
barangay which were filed in the proper courts in the year 2011. The total number of cases
filed in court with a total of 367 in 2011 as indicated per Brgy- Kaypian – 36, Minuyan II –
22, Muzon- 73, Gumaok-37, Towerville-56, Bagong Buhay 3 – 55, Francisco Homes – 45,
Poblacion – 29, Fatima -14 specifically indicated as:

Rape - 32 cases filed in CSJDM as per Brgy- Kaypian – 7, Minuyan II – 1, Muzon- 5,

Gumaok-5, Towerville-1, Bagong Buhay 3 – 3, Francisco Homes – 3, Poblacion – 7, Fatima -
0; Attempted Rape – 6 cases filed in CSJDM as per Brgy- Kaypian – 3, Minuyan II – 0,
Muzon- 0, Gumaok-0, Towerville-1, Bagong Buhay 3 – 0, Francisco Homes – 0, Poblacion –
2, Fatima -0; Acts of lasciviousness Rape - 24 cases filed in CSJDM as per Brgy- Kaypian –
2, Minuyan II – 3, Muzon- 3, Gumaok-2, Towerville-4, Bagong Buhay 3 – 4, Francisco
Homes – 2, Poblacion – 2, Fatima -2; Physical injuries – 88 cases filed in CSJDM as per
Brgy- Kaypian – 5, Minuyan II – 2, Muzon- 18, Gumaok-6, Towerville-29, Bagong Buhay 3
– 17, Francisco Homes – 6, Poblacion – 3, Fatima -2; Violation of RA 9262-160 cases filed
in CSJDM as per Brgy- Kaypian – 16, Minuyan II – 8, Muzon- 36, Gumaok-20, Towerville-
17, Bagong Buhay 3 – 14, Francisco Homes – 29, Poblacion – 14, Fatima -6; Threats - 9
cases filed in CSJDM as per Brgy- Kaypian – 1, Minuyan II – 2, Muzon- 3, Gumaok-0,
Towerville-1, Bagong Buhay 3 – 0, Francisco Homes – 0, Poblacion – 0, Fatima -2;
Concubinage - 9 cases filed in CSJDM as per Brgy- Kaypian – 1, Minuyan II – 1, Muzon- 1,
Gumaok-1, Towerville-3, Bagong Buhay 3 – 1, Francisco Homes – 1, Poblacion – 0, Fatima -
0: Sex Trafficking/ White Slavery – 2 cases filed in CSJDM as per Brgy- Kaypian – 0,
Minuyan II – 1, Muzon- 0, Gumaok-1, Towerville-0, Bagong Buhay 3 – 0, Francisco Homes
– 0, Poblacion – 0, Fatima -0; Abduction/Kidnapping- 4 cases filed in CSJDM as per Brgy-
Kaypian – 0, Minuyan II – 0, Muzon- 1, Gumaok-0, Towerville-0, Bagong Buhay 3 – 3,
Francisco Homes – 0, Poblacion – 0, Fatima -0; Unjust Vexation – 1 case filed in CSJDM as
per Brgy- Kaypian – 0, Minuyan II – 0, Muzon- 0, Gumaok-0, Towerville-0, Bagong Buhay
3 – 0, Francisco Homes – 0, Poblacion – 1, Fatima -0; Homicide- 7 cases filed in CSJDM as
per Brgy- Kaypian – 0, Minuyan II – 1, Muzon- 0, Gumaok-2, Towerville-0, Bagong Buhay
3 – 2, Francisco Homes – 2, Poblacion – 0, Fatima -0; Frustrated Homicide- 1 cases filed in
CSJDM as per Brgy- Kaypian – 0, Minuyan II – 0, Muzon- 1, Gumaok-0, Towerville-0,
Bagong Buhay 3 – 0, Francisco Homes – 0, Poblacion – 0, Fatima -0; Slander - 3 cases filed
in CSJDM as per Brgy- Kaypian – 0, Minuyan II – 0, Muzon- 3, Gumaok-0, Towerville-0,
Bagong Buhay 3 – 0, Francisco Homes – 0, Poblacion – 0, Fatima -0; Oral Defamation- 7
cases filed in CSJDM as per Brgy- Kaypian – 1, Minuyan II – 3, Muzon- 0, Gumaok-0,
Towerville-0, Bagong Buhay 3 – 0, Francisco Homes – 1, Poblacion – 0, Fatima -2;
Parricide/Frustrated- 1 cases filed in CSJDM as per Brgy- Kaypian – 0, Minuyan II – 0,
Muzon- 0, Gumaok-0, Towerville-0, Bagong Buhay 3 – 0, Francisco Homes – 1, Poblacion –
0, Fatima -0; Maliscious Mischief- 1 case filed in CSJDM as per Brgy- Kaypian – 0,
Minuyan II – 0, Muzon- 1, Gumaok-0, Towerville-0, Bagong Buhay 3 – 0, Francisco Homes
– 0, Poblacion – 0, Fatima -0; Illegal Recruitment- 4 cases filed in CSJDM as per Brgy-
Kaypian – 0, Minuyan II – 0, Muzon- 0, Gumaok-0, Towerville-0, Bagong Buhay 3 – 4,
Francisco Homes – 4, Poblacion – 0, Fatima -0; Theft – 5 cases filed in CSJDM as per Brgy-
Kaypian – 0, Minuyan II – 0, Muzon- 1, Gumaok-0, Towerville-0, Bagong Buhay 3 – 4,
Francisco Homes – 0, Poblacion – 0, Fatima -0; Estafa – 2 cases filed in CSJDM as per Brgy-
Kaypian – 2, Minuyan II – 0, Muzon- 0, Gumaok-0, Towerville-0, Bagong Buhay 3 – 1,
Francisco Homes – 0, Poblacion – 0, Fatima -0; Hold-up/ Robbery – 1 cases filed in CSJDM
as per Brgy- Kaypian – 0, Minuyan II – 0, Muzon- 0, Gumaok-0, Towerville-0, Bagong
Buhay 3 – 1, Francisco Homes – 0, Poblacion – 0, Fatima -0. The total number of cases filed

34
in court with a total of 367 in 2011 as indicated per Brgy- Kaypian – 36, Minuyan II – 22,
Muzon- 73, Gumaok-37, Towerville-56, Bagong Buhay 3 – 55, Francisco Homes – 45,
Poblacion – 29, Fatima -14.

Table 2
Reported Cases of Violence Against Women by
Age Group and Relation to Perpetrators, CSJDM 2010-2011

Indicators 2010 2011

Age Group (In Years) 395 367
18-25 137 119
26-35 114 89
36-45 80 74
46-55 49 40
56 and Over 14 29
Undetermined 1 16
Relation to Victim 395 367
Father 5 6
Husband 159 124
Boyfriend 8 10
Relative 21 29
No Relation 40 50
Neighbor/Acquaintance 81 74
Live-in Partner 81 74
Source: San Jose Del Monte Police, Bulacan

The data on Table 2 on the Reported Cases of Violence Against Women by Age

Group in CSJDM 2010-2011 indicates that there were 137 cases filed in 2010 and 119 cases

filed in 2011 with ages within 18-25 yrs of age; 114 cases filed in 2010 and 89 cases filed in

2011 with ages within 26-35 yrs of age; 80 cases filed in 2010 and 74 cases filed in 2011

with ages within 36-45 yrs of age; 49 cases filed in 2010 and 40 cases filed in 2011 with ages

within 46-55 yrs of age; 14 cases filed in 2010 and 29 cases filed in 2011 with ages within 56

and over; 1 case filed in 2010 and 16 cases filed in 2011 with ages with undetermined age.

The data on Table 2 on the Reported Cases of Violence Against Women by their

Relation to Perpetrators indicates that there was a total of 395 cases filed in 2010 and 367

cases filed in 2011 and specifically: 5 cases filed in 2010 and cases 6 cases filed in 2011 in

relation to the father; 159 cases filed in 2010 and 124 cases filed in 2011 in relation to the

35
husband; 8 cases filed in 2010 and 10 cases filed in 2011 in relation to the boyfriend; 21

cases filed in 2010 and 29 cases filed in 2011 in relation to a relative; 21 cases filed in 2010

and 29 cases filed in 2011 with no relation to the victim; 81 cases filed in 2010 and 74 cases

filed in 2011 with a neighbor /acquaintance and 81 cases filed in 2010 and 74 cases filed in

2011 with a live-in partner.

The bulk of the of the VAW surviving SJDM was between the ages of 18-25 years. In

2011, they constituted 32.4 percent of the total abused women , lower than the 34.7 posted in

2010.

Almost 6 of 10 of the perpetrators of VAW cases in 2011 were violators of RA 9262.

They are related to the abused either by marriage or romantic attachments. The most chronic

form of abuse is spousal abuse. About 57.6 percent of such violators were the husbands of the

abused women. Three of every 10 perpetrators of the VAW of CSJDM were the husbands of

the victimized women.

Table 3

Reported Cases of Violence Against Women By Substance Influence of

Perpetrators and Type of Weapon Used – CSJDM 2010-2011

Indicators 2010 2011

Substance Influence 395 367
Drugs 2 2
Alcohol 202 168
Both 1 1
None 19 196
Weapon Used 395 367
Firearm 14 15
Blunt Instrument 11 11

36
 Bladed Instrument 54 59
Hands/Fists/Feet 219 181
Others 97 101
Source: San Jose Del Monte Police, Bulacan

The data on Table 3 indicates that the Reported Cases of Violence Against Women

by substance influence of perpetrators used indicates that there was a total of 395 cases filed

in 2010 and 367 cases filed in 2011 and specifically: 2 cases filed in 2010 and 2 cases filed

in 2011 in relation to drug use; 202 cases filed in 2010 and 168 cases filed in 2011 in relation

to alcohol use; 1 case filed in 2010 and 1 case filed in 2011 with the use of both alcohol and

drugs; 19 cases filed in 2010 and 196 cases filed in 2011 with no substance influence.

The data on Table 3 on the Reported Cases of Violence Against Women by the type

of weapon used indicates that there was a total of 395 cases filed in 2010 and 367 cases

filed in 2011 and specifically: 14 cases filed in 2010 and 15 cases filed in 2011 with the use

of firearm; 11 cases filed in 2010 and 11 cases filed in 2011 with the use of a blunt

instrument; 54 cases filed in 2010 and 59 cases filed in 2011 with the use of a bladed

instrument; 219 cases filed in 2010 and 181 cases filed in 2011 with the use of

hands/fists/feet; 97 cases filed in 2010 and 101 cases filed in 2011 with the use of other .

Men who are the under the influence of alcohol are more likely to harm women. In

2011 alone, four in 10 of the abuses inflicted on women were committed by felons under the

influence of alcohol as opposed to one in 2010. Five in 10 , however, were committed by

felons without any alcoholic or drug influence.

Almost five of every 10 VAW cases in 2007 were committed using the felon’s hands,

fists and feet. The number of felons using their hands, fists and feet to harm women

outnumbered those using firearms, blunt and bladed instruments combined.

Table 4

Reported Cases of Violence Against Women By

37
 Scene of Crime and Status of Disposition – CSJDM 2010-2011

Indicators 2010 2011

Scene of Crime 395 367
House 254 235
Motel/Inn/Hotel 6 6
Others 135 126
Status of Disposition 395 367
Warrant of Arrest 5 12
Suspect Arrested 45 38
On Bail 4 4
At Large 229 176
Settled 112 137
Source: San Jose Del Monte Police, Bulacan

The data on Table 4 indicates that the Reported Cases of Violence Against Women

by scene of the crime indicates that there was a total of 395 cases filed in 2010 and 367

cases filed in 2011 and specifically: 254 cases filed in 2010 and 235 cases filed in 2011

where the crime happened in the house; 6 cases filed in 2010 and 6 cases filed in 2011 where

the crime happened in the motel/inn/hotel ; 135 cases filed in 2010 and 126 case filed in

2011 where the crime happened in other places.

The data on Table 4 on the Reported Cases of Violence Against Women on the status

of disposition on the cases filed indicates that there was a total of 395 cases filed in 2010

and 367 cases filed in 2011 and specifically: 5 cases filed in 2010 and 12 cases filed in 2011

were given warrants of arrest; 45 cases filed in 2010 and 38 cases filed in 2011 where the

suspects were arrested; 4 cases filed in 2010 and 4 cases filed in 2011 where the perpetrators

were on bail; 229 cases filed in 2010 and 176 cases filed in 2011 where the perpetrators were

still at large; 112 cases filed in 2010 and 137 cases filed in 2011 where the cases were settled

amicably between the victims and the perpetrators.

Contrary to belief, the home isn’t the safest place for women anymore. Women are

most likely to be abused at their homes than in any other places outside the confines of their

abode. As in 2010, six of 10 women that were abused in 2011 took place in their own

38
homes, only three for every ten happened in places other than the homes or

hotels/motels/inns.

Concerned authorities need to strengthen efforts to arrest suspected felons of abused

women . In 2011, almost five of 10 of those being accused of molesting women are still at

large; only one per 10 was arrested.

Table 5
Level of Awareness on Reported Cases of Violence Against Women

No. of Reported Cases Mean Interpretation

Rape 3.25 Much Aware
Attempted Rape 3.00 Much Aware
Acts of lasciviousness 3.25 Much Aware
Physical Injuries 3.95 Very Much Aware
Violation of RA 9262 3.05 Much Aware
Threats 3.42 Much Aware
Concubinage 3.80 Very Much Aware
Sex Trafficking/White 3.20 Much Aware
Slavery
Abduction/Kidnapping 3.80 Very Much Aware
Unjust Vexation 2.50 Aware
Homicide 3.98 Very Much Aware
Frustrated Homicide 3.98 Very Much Aware
No. of Reported Cases Mean Interpretation
Slander 3.50 Much Aware
Oral Defamation 3.20 Much Aware
Parricide/Frustrated 3.85 Very Much Aware
Maliscious Mischief 3.11 Much Aware
Illegal Recruitment 3.05 Much Aware
Theft 3.99 Very Much Aware
Estafa 3.45 Much Aware
Hold-up/Robbery 3.98 Very Much Aware
Mean Score 3.45 Much Aware
LEGENDS: 3.51 – 4.00 (Very Much Aware); 2.51 – 3.50 (Much Aware); 1.51 – 2.50 ( Aware); 0.51 – 1.50 (Less Aware); 0. 00 – 0.50 (No At Al)

The mean score of T a b l e 5 i s 3 . 4 5 o r m u c h a w a r e . A s a r e s u l t o f t h e

Level of Awareness on Reported Cases of Violence Against Women such as

abduction/kidnapping (3.80); unjust vexation (2.50); homicide (3.98); frustrated

homicide (3.98); slander (3.50); oral defamation (3.20); parricide/frustrated (3.85);

39
maliscious mischief (2.88); illegal recruitment (3.05); theft (3.99); estafa (3.45);

hold-up/robbery (3.98).

Table 6

Level of Awareness on Reported Cases of Violence Against Women

As to Age Group and Relation to Perpetrators
Age Group (In Years) Mean Interpretation
18-25 1.25 Less aware
26-35 2.20 Aware
36-45 2.58 Much aware
46-55 2.75 Much aware
56 and Over 2.70 Much aware
Undetermined 2.0 Aware
Mean Score 2.25 Aware
Relation to Victim
Father 3.58 Very Much Aware
Husband 3.99 Very Much Aware
Boyfriend 3.88 Very Much Aware
Relative 3.85 Very Much Aware
No Relation 3.50 Very Much Aware
Neighbor/Acquaintance 3.57 Very Much Aware
Live-in Partner 3.99 Very Much Aware
Mean Score 3.77 Very Much Aware
LEGENDS: 3.51 – 4.00 (Very Much Aware); 2.51 – 3.50 (Much Aware); 1.51 – 2.50 ( Aware); 0.51 – 1.50 (Less Aware); 0. 00 – 0.50 (No At Al)

The mean score of T a b l e 6 a s t o l e v e l o f a w a r e n e s s o f r e p o r t e d

violence against women by age group is 2.25 or Aware. As a result of

t h e Level of Awareness on Reported Cases of Violence Against Women by age group the

data indicates that the age group of 18-25 (1.25); 26-35 (3.80); 36-45 (2.58); 46-55

(2.75); 56 and over (2.70); Undetermined (2.0).

The mean score of T a b l e 6 a s t o l e v e l o f a w a r e n e s s o f r e p o r t e d

violence against women by relation to perpetrators is 3.77 or Very

M u c h A w a r e . A s a r e s u l t o f t h e Level of Awareness on Reported Cases of Violence

Against Women by relation to perpetrators the data indicates that the relation to father

(3.58); husband (3.99); boyfriend (3.88); relative (3.85); no relation (3.50);

neighbor/acquaintance (3.57); live-in partner (3.99).

Table 7

40
 Level of Awareness on Reported Cases on the Perpetrators and Type of Weapon Used

Indicators Mean Interpretation

Substance Influence
Drugs 0.25 Not at all
Alcohol 2.58 Much aware
Both 1.78 Aware
None 0.45 Not at all
Mean Total 1.25 Less aware
Weapon Used
Firearm 2.35 Aware
Blunt Instrument 2.88 Much Aware
Bladed Instrument 2.88 Much Aware
Hands/Fists/Feet 3.75 Very Much Aware
Others 2.48 Much Aware
Mean Total 2.87 Much Aware
LEGENDS: 3.51 – 4.00 (Very Much Aware); 2.51 – 3.50 (Much Aware); 1.51 – 2.50 ( Aware); 0.51 – 1.50 (Less Aware); 0. 00 – 0.50 (No At
Al)

The mean score of T a b l e 7 as to level of awareness of reported

violence against women by substance abuse is 1.25 or less aware. As a

r e s u l t o f t h e Level of Awareness on Reported Cases of Violence Against Women by

substance abuse, drugs (0.25); alcohol (2.58); both (1.78); none (0.45).

The mean score of T a b l e 7 as to level of awareness of reported

v i o l e n c e a g a i n s t w o m e n b y t yp e o f w e a p o n u s e d is 2.85 or much

a w a r e . A s a r e s u l t o f t h e Level of Awareness on Reported Cases of Violence Against

Women by type of weapon used , firearm (2.35); blunt instrument (2.88); bladed

instrument (2.88); hands/fists/feet (3.75).

Table 8

Level of Awareness of Violence on Reported Cases As to

Scene of Crime and Status of Disposition

Indicators Mean Interpretation

Scene of Crime
House 3.63 Very Much Aware
Motel/Inn/Hotel 3.55 Very Much Aware

41
 Others 3.25 Very Much Aware
Mean Total 3.47 Very Much Aware
Status of Disposition
Warrant of Arrest 3.75 Very Much Aware
Suspect Arrested 3.64 Very Much Aware
On Bail 3.68 Very Much Aware
At Large 3.76 Very Much Aware
Settled 3.98 Very Much Aware
Mean Total 3.76 Very Much Aware
LEGENDS: 3.51 – 4.00 (Very Much Aware); 2.51 – 3.50 (Much Aware); 1.51 – 2.50 ( Aware); 0.51 – 1.50 (Less Aware); 0. 00 – 0.50 (No At Al)

The mean score of T a b l e 8 as to level of awareness of reported

violence against women as to scene of the crime is 3.47 or very much

a w a r e . A s a r e s u l t o f t h e Level of Awareness on Reported Cases of Violence Against

Women as to house (3.63); motel/inn/hotel(3.55); others (3.25).

The mean score of T a b l e 8 as to level of awareness of reported

violence against women as to status of disposition of the case filed is

3 . 7 6 o r v e r y m u c h a w a r e . A s a r e s u l t o f t h e Level of Awareness on Reported

Cases of Violence Against Women as to warrant of arrest (3.75); suspect arrested (3.64); on

bail (3.68); at large (3.76); settled (3.98).

DISCUSSION OF RESULTS

The result of the barangay survey shows that physical abuse is the most common form

of violence identified by victims who have approached the barangay for assistance. Physical

abuse as a ground for BPO application surpassed all other forms of abuse covered by RA

9262 – psychological, sexual, and economic – by a considerable margin, the incidence of all

three combined totalling less than the incidence of physical abuse alone. This prevalence of

physical abuse as a ground for the filing of cases and BPO applications may mean two things:

that it is indeed the most common form of violence inflicted on women by perpetrators,

and/or that most applicants remain unaware that non-physical forms of abuse are also covered

by the Anti-VAWC law.

42
 The barangay officials explained that forms of abuse other than physical, particularly

financial abuse, only come out while the complainants are narrating their stories. In the

consultations, likewise, it is seldom that a client will readily identify sexual, psychological

and financial abuse as part of their experience, even though instances of such will appear in

their narration of facts.

While it is truly alarming that so many women still experience physical abuse in their

intimate relationships, despite the presence of the Anti-VAWC law and other measures in

place for its prevention, it is an equally distressing fact that until now, the various forms and

acts of violence prohibited and punished under the law remain unrecognized or

misunderstood. Both reasons point to the continuous failure in enforcement by barangay

officials and the police, as well as the lack in education and information dissemination

regarding the provisions of RA 9262 for relevant actors.

Lastly, and quite unfortunately, it may also point to a degree of confusion experienced

by the barangays that responded to the survey. For one, most barangay surveyed indicated

fewer cases filed with them than BPOs they issued, dismissed or settled altogether, whereas

the goal of the particular survey question was to gain an overview of the trend of responses to

BPO applications. There is an apparent lack of familiarity with technical terms used in the

law. For example, in the Bagong Buhay 3 validation, participants said that understanding of

the word “file” means to bring the case to court, while “issue” is to grant or give the BPO.

They explained that when a victim goes to the barangay to ask for a BPO, they usually refer

to it as an “application” rather “filing”.

Proper Assistance to Victim-Survivors in Filing Court Cases

43
 Other than issuing BPOs, barangay officials are required to provide assistance to a

victim-survivor in filing the necessary application for protection in court. Sec. 14 (d) of the

IRR of RA 9262 provides as follows: The BPO shall be issued free of charge. Within twenty

four (24) hours after a BPO is issued, the Punong Barangay, or in her/his absence or inability,

any available Barangay Kagawad shall assist the victim-survivor/petitioner in filing for an

application for a TPO or PPO with the nearest court in the place of residence of the victim-

survivor…. For indigent petitioner, the barangay shall ensure that transportation and other

expenses are provided for in filing for an application for a protection order with the courts.

As the barangay protection order is limited in scope, this mandate is important to

ensure that a further remedy due the victim-survivor is pursued, be it civil or criminal. Under

this provision, it is the obligation of barangay officials not only to inform the victim survivors

of their right to pursue a case in court, but also to facilitate access to it. In fact, the provision

additionally mandates the barangay to provide financial assistance to those unable to pay for

transportation and other expenses related to the filing of an application with the court.

It is important to note that while the barangay protection order by itself serves as a

sufficient ban against further violent or abuses, it cannot offer any other reliefs outside those

provided in the law. Section 13 of the IRR of RA 9262 limits the reliefs that may be granted

through a BPO to the following:

a. Prohibition of the respondent from threatening to commit or committing, personally

or through another, any of the following acts mentioned in Section 7 (a) and (b) of

these Rules; and

b. Prohibition of the respondent from harassing, annoying, telephoning, contacting or

otherwise communicating with the victim-survivor, directly or indirectly.

The filing of the necessary action in court therefore is essential to ensure that a

victim-survivor of violence may avail of the full gamut of protective issuances available to

44
her legally, either by petitioning for a Temporary or Permanent Protection Order, or by

pursuing a criminal action. The failure of barangay officials to provide assistance in filing

these kinds of cases may be deemed a serious disregard of their obligations under RA 9262,

which puts the victim-survivor at risk because it fails make all possible remedies readily

available and accessible to her.

CONCLUSION AND RECOMMENDATIONS

Very apparent from the foregoing legal framework, data and analysis is the yawning

gap between the intention of the law on RA 9262 and its implementation. Five years from the

enactment of RA 9262 and the availability of a simple and accessible remedy through the

barangay, it is alarming to see that the BPO mechanism has not been fully utilized and has

even been the source of further abuse against women.

Instead of serving as a basis for their protection, this crucial means of empowering

victims of domestic violence has been used to compel them to reconcile with their abusers,

and they have repeatedly been refused the assistance that is their right under the law. Through

the validation workshops conducted in the City of San Jose Del Monte, as well as the

researcher’s own experiences, a number of recommendations have been gathered to address

the issues presented above. In both the workshops and the survey, lack of information was

identified as the primary obstacle to the effective implementation of BPOs.

Most, if not all, of the issues identified may be attributed to the near-absence of a

deliberate process of information-dissemination about the law, whether geared towards

implementers, women, perpetrators, or other stakeholders. It is widely viewed that an

effective awareness program, particularly at the barangay level, will address the multiple

issues of conciliation in RA 9262 cases, failure to maximize BPO as a legal remedy,

45
noncompliance with many of the requirements of the law, and non-recognition of the

different benefits it provides.

Turn the focus on the purpose and intent of the law

The proper implementation of a law that is as unique and groundbreaking as RA 9262

could only come from a complete understanding of its basis and purpose. It is quite

unreasonable to expect barangays to withdraw from their long-established role of mediator,

particularly in the Katarungang Pambarangay system, after a mere reading of the law. Thus

there needs to be a re-orientation, or an orientation where none has been carried out, as to the

prohibition on conciliating and mediating cases covered by RA 9262 in the context of the

spirit of the law. By enabling barangays to understand the crucial distinction between

ordinary conflicts and cases of VAW, it is hoped that the habit of initiating or compelling the

conciliation between parties will be curbed or altogether stopped. This will entail the

formation of gender sensitive barangay officials and workers who have a keen grasp of the

nature of gender inequality and discrimination, and the function of RA 9262 as a strategic

response to these problems. Other than this, there is also a need to convert anecdotal accounts

of barangays’ various misapplications of the law into actual court or administrative cases.

Litigators should pursue precedent-setting cases, specifically those that would lead to a

Supreme Court decision that rules against barangay officials’ unlawful reconciliation

initiatives.

At the same time, a correct understanding of RA 9262 as a piece of social legislation

may also remedy the issue of non-renewal of BPOs due to conflicting interpretations of the

law. Indeed, its only interpretation should be in favor of the women and children it seeks to

protect. If implementers are encouraged to look beyond the letter of the law, and take its

46
silence on the matter of BPO renewal with the true purpose of the remedy in mind, there will

exist no confusion as to whether or not BPOs can be renewed. Of course, another recourse

would be to amend the law or for the DILG to come out with an Opinion on its correct

application. In the meantime, however, information campaigns regarding BPO must include

renewal as a crucial aspect of its full implementation.

Conduct a massive awareness program for the general public

In conjunction with this effort, the DILG and interested NGOs and POs should also

undertake a massive awareness program for the general public about the existence of the BPO

– as an immediate remedy in incidents of physical violence against women and their children,

and the simple process by which it can be availed. Print, radio and television media appear to

be the most efficient means of information dissemination. Advertisements could be produced

and guestings on radio and television shows could be explored in order to inform the public

about the availability of the protection order. One progressive alternative is the establishment

of an internet-based portal dedicated specially to BPO information, where anyone interested

may simply download forms, receive updates, and get in touch with agencies, groups and

individuals who may extend victims assistance.

At the local level, this could be complemented with efforts such as poster drives in

common places within the barangay, educational sessions in pulongs or meetings, and

distribution of flyers and other reading materials in vernacular languages that dwell on the

technical and procedural aspects of the BPO. Women's month activities may be maximized as

opportunities for fostering education and building awareness in the barangay. Other than

these, implementers and other stakeholders may come up with innumerable creative ways to

ingrain the Barangay Protection Order in the public consciousness, at the same time helping

47
to do away with the stigma attached to voicing out and confronting incidents of violence

against women.

Active participation of the Extension Services Office of BulSU-SC

The immersion of the Bulacan State University- Sarmiento Campus through its

Gender and Development (GAD), Extension Services Office would be of great assistance to

help the Barangay Officials and the women sector to create awareness on the rights of women

and their children against violence through seminars on the subject of the study which would

cover a period of six months for this study.

SAMPLE AWARENESS IMPLEMENTATION OF

BULACAN STATE UNIVERSITY,
SARMIENTO CAMPUS, EXTENSION SERVICES OFFICE

ACTIVITY PARTICIPANTS COOPERATING Funding

AGENCIES
Seminar RA 9262 and RA Brgy Narra LGU ( City of LGU, NGA
7610 residents: married San Jose Del (GAD fund),
women, solo Monte, Brgy NGOs
parents, senior Narra, ABC),
citizens NGAs (Women’s
Desk, PNP,
DSWD), NGOs
(Rotary Club,
Soroptomist,
Kabababaihan ng
San Jose Del
Monte) and the
Academe Sector
Seminar RA 9262 and RA Brgy Muzon: LGU ( City of LGU, NGA
7610, and Protection Orders Barangay Officials, San Jose Del (GAD fund),
Barangay personnel Monte, Brgy NGOs
in-charge of Narra, ABC),
women’s desk, NGAs (Women’s
Barangay Lupon Desk, PNP,
Members, Home DSWD), NGOs
Owners’ Association (Rotary Club,
Officers Soroptomist,
Home Owners’s
Associations) and

48
 the Academe
Sector
Seminar RA 9262 and RA Brgy Bagong Buhay LGU ( City of LGU, NGA
7610 3 residents: married San Jose Del (GAD fund),
women, solo Monte, Brgy NGOs
parents, senior Narra, ABC),
citizens NGAs (Women’s
Desk, PNP,
DSWD), NGOs
(Rotary Club,
Soroptomist,
Kabababaihan ng
San Jose Del
Monte ) and the
Academe Sector
Seminar RA 9262 and RA Brgy Towerville LGU ( City of LGU, NGA
7610 residents: married San Jose Del (GAD fund),
women, solo Monte, Brgy NGOs
parents, senior Narra, ABC),
citizens NGAs (Women’s
Desk, PNP,
DSWD), NGOs
(Rotary Club,
Soroptomist,
Kabababaihan ng
San Jose Del
Monte) and the
Academe
Sector
Free legal counseling to All the barangays of Public Attorneys DOJ and Org
victims and assistance in filing City of San Jose Del Office and funds
of cases Monte, Bulacan members of the
Integrated Bar of
the Philippines
and the Academe
Sector

Other recommendations

Assistance in filing court cases is among the duties imposed on barangays under RA

9262. Such assistance is supposed to sufficiently supplement the limited reliefs available

through a BPO. However, as observed through the present study, this duty has been largely

neglected – few barangays have taken on the task of going beyond mere issuance and into

assistance with filing of cases.

49
 The first major hurdle in implementing this neglected provision of RA 9262 is the

lack of resources. Funds should be allocated for the VAWC litigation expenses of barangays.

This should not be very difficult as it has been raised in various fora that LGUs are at a loss

on how to utilize their gender and development (GAD) budgets. Barangays should be

provided with clear recommendations and guidelines on how they could access their GAD

funds for this purpose, along with the delivery of other services required under RA 9262 such

as serving and enforcing protection orders, transporting victims of VAW to a hospital or

other safe place, assisting her in getting her belongings, etc. This recommendation should be

considered along with the earlier proposal for a nationwide barangay training program on

gender sensitivity and RA 9262.

Aside from a continuous and comprehensive education and training program that

would clarify the requirements of law among barangay officials, the immediate issuance of

BPOs would be greatly facilitated by the availability of pro-forma applications and orders

which applicants and barangay officials would only have to fill out and sign. The DILG has

circulated copies of these forms, but there is still a considerable number of barangays that are

completely unfamiliar with what these forms should contain and how they should be

prepared.

An institutionalized mechanism for coordination between barangays where the

victim-survivor resides and where she is located, if she has temporarily moved to protect

herself from further abuse, as well as between the barangay where she is located and where

the perpetrator is located, should they be different, will go a long way in ensuring that the

BPO mechanism will not be circumvented by the limited jurisdiction of barangays

who have issued BPOs. Along with this, there should also be improved coordination and

partnership between the barangay and the local police so that police assistance will be readily

50
available in case of difficulties in enforcing a BPO. Such efforts at coordination will greatly

enhance the scope, reliability and effectiveness of the Barangay Protection Order.

Geared towards a more efficient and effective system of applying for and providing

BPOs, the researcher hopes that these recommendations will help enable barangays to fulfill

their primary role in protecting victims of violence, and contribute to giving Filipino women

a better and stronger chance of ending the abuses inflicted upon them by obtaining a genuine

grasp of their right to a Barangay Protection Order.

The researcher believes that advocacy work does not end with getting a law passed –

ensuring its implementation is an integral part of any advocacy. Thus the same zeal and

persistence that marked the success of lobbying efforts for RA 9262 should also be manifest

in seeing that those accountable under the law perform their functions faithfully. And because

the barangay is the venue closest and most accessible to women-victims and survivors, it is

the bounden duty of both public and private sectors to make sure that our barangays take full

responsibility of their legal mandate to protect victims, curb further incidences of domestic

violence, and be a dominant force in eliminating all forms of violence against women.

REFERENCES

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51
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World Economic Forum (2008). The Global Gender Gap Report 2007.
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http://www.pinoypress.net/2007/10/02/heres-why-08-philippines-budget-is-anti-poor/
Kanlungan Center Foundation Inc., “Migration Facts and Figures”. Available at
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Avisado, Adoracion (n.d.) Republic Act 9262 and the Women Victims of Violence in Davao
City
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Communities: Towards a Holistic Community-Based Response to Violence against
Women”
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the Anti-Violence against Women and Their Children Act” UNDP, Supreme Court of
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Philippines, and the Program Management Office (June 2003) The Other Pillars
of Justice through Reforms in the Department of Justice: Diagnostic Report
____________________ (December 2006). Medium-Term Development Plan for the
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Court Rules onViolence against Women”.
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at

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 Lipunan (n.d.).“Answers to the Points of Resistance to the Anti-Abuse of Women in
Intimate Relationships”

Laws, Policy Issuances and Legislative Bills

Convention on the Elimination of All Forms of Discrimination against Women.

Department of Health. Administrative Order No. 1-Bs. 1998, on The Establishment of
Women
and Children’s Protection Unit in All DOH Hospitals
Executive Order No. 209. The Family Code of the Philippines.
House Bill 5496 or “An act strengthening women's participation and representation in
elective
and appointive positions in the government, including government-owned and
controlled corporations, the Armed Forces of the Philippines, the Philippine National
Police and other law enforcement agencies, and for other purposes”
Republic Act 7192, or An act promoting the integration of women as full and equal partners
of
men in development and nation building and other purposes.
Republic Act 7610, or An act providing for stronger deterrence and special protection against
child abuse,exploitation and discrimination, providing penalties for its violation, and
for other purposes
Republic Act 7877, or An act declaring sexual harassment unlawful in the employment,
education or training environment, and for other purposes
Republic Act 8353, or An Act Expanding the Definition of Rape, Reclassifying the Same as a
Crime Against Persons, amending for the purpose Act No. 3815, as amended,
otherwise known as the Revised Penal Code, and for other purposes.
Republic Act 8505, or An act providing assistance and protection for rape victims,
establishing
for thepurpose a rape crisis center in every province and city, authorizing the
appropriation of funds therefore, and for other purposes.
Republic Act 8551, or An act providing for the reform and re-organization of the Philippine
National Police and for other purposes, amending certain provisions of Republic Act
6975 entitled “An act establishing the Philippine National Police under a re-
organized Department of Interior and Local Government, and for other purposes”.
Republic Act 9262 or An act defining violence against women and their children, providing
measures for victims, prescribing penalties therefore, and for other purposes.
Revised Penal Code of the Philippines.
Supreme Court of the Philippines A.M. No. 04-10-11-SC, or the Rules on Violence Against
Women and Their Children.

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