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RA 9262

Anti-Violence Against
Women and Children
Act
CHR: Dignity of all
VISION
A just and humane
Philippine society of persons
equal in opportunity, living a life
of dignity, and forever vigilant
against abuses and oppression.

CHR: Dignity of all


MISSION
As conscience of government
and the people, we seek truth in
human rights issues. As beacon of
truth, we make people aware of their
rights, and guide government and
society towards actions that respect
the rights of all, particularly those
who cannot defend themselves—the
disadvantaged, marginalized, and
vulnerable.

CHR: Dignity of all


CHR: Dignity of all
Laws supporting RA 9262

R.A. 9710 - the Magna Carta of


Women of 2009
A comprehensive women’s human
rights law that seeks to eliminate
discrimination against women by
recognizing, protecting, fulfilling
and promoting, the rights of Filipino
women.
CHR: Dignity of all
R.A. No. 8369 - The Family Courts Act
of 1997
(Sec. 7) Special Provisional Remedies
• Family Courts may issue restraining order against
the accused or defendant in case of violence
among immediate family members living in the
same domicile or household.
• Temporary custody of children in all civil actions
for their custody.
• Support pendente lite including deduction from
the salary and use of conjugal home and other
properties in all civil actions for support.
CHR: Dignity of all
• R.A. 9262 - Anti-Violence
Against Women and their Children
Act of 2004
It refers to any act or series of acts committed
by any person –

against a woman who is his wife, former wife,


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

CHR: Dignity of all


against a woman with whom he has a common child,
or
against her child whether legitimate or illegitimate.
Within or without the family abode.
Which resulted in or is likely to result in
• physical,
• sexual,
• psychological harm, or suffering, or
• economic abuse
Including threats of such acts, assault, coercions, harassment
or arbitrary deprivation of liberty (Sec. 3)

CHR: Dignity of all


Forms of Violence or Abuse
• Physical Violence - Refers to bodily harm or physical
harm.
• Sexual Violence - An act which is sexual in nature
committed against a woman or her child. Includes and not
limited to:
 Rape,
 Sexual harassment,
 acts of lasciviousness
 Treating her child as a sex object.
 Making demeaning and sexually suggestive remarks
 Physically attacking the parts of the victim’s body.
 Forcing her/him to watch obscene publications and
indecent shows.
CHR: Dignity of all
 Forcing the woman or her child to do
indecent acts and/or make films thereof,
 Forcing the wife and mistress/lover to live in
the conjugal home or sleep together in the
same room with the abuser,
 Acts causing or attempting to cause the
victim to engage in any sexual activity by
force, threat of force, physical or other harm
or coercion
 Prostituting the woman or her child.
CHR: Dignity of all
Psychological Violence - Acts or omissions
causing or likely to cause mental or emotional
suffering of the victim, such as but not limited
to:
 intimidation
 harassment
 Stalking
 damage to property
 public ridicule or humiliation
 repeated verbal abuse
 marital infidelity
CHR: Dignity of all
Economic Abuse - Acts that make or attempt to make a
woman financially dependent, which include, but
not limited to:
 withdrawal of financial support, or
 preventing the victim from engaging in a legitimate
profession, occupation, business or activity except on
valid grounds.
 destroying household property
 deprivation or threat of financial resources and the
right to the use and enjoyment of the conjugal,
community or property owned in common
 controlling the victim’s own money or properties or solely
controlling the conjugal money or properties.

CHR: Dignity of all


WHO GETS PROTECTED UNDER THE LAW?
The law recognizes the unequal relations of a
man and a woman in an abusive relationship where
it is usually the woman who is the disadvantaged.
Thus, the law protects the woman and her children.
The victim, the child who is a minor (legitimate
and illegitimate), and a person aged 18 years and
beyond who doesn’t have the ability to decide for
herself/himself because of an emotional, physical
and mental illness can make full use of the law.
Any child under the care of a woman is also
protected under the law.

CHR: Dignity of all


IS VAWC COMMITTED BY MEN
ALONE?

Women can also be liable under


the law. These are the lesbian
partners/ girlfriends or former
partners of the victim with whom she
has or had a sexual or dating
relationship.

CHR: Dignity of a
WHAT IF THE MALE
SPOUSE/PARTNER
COMPLAINS ABOUT ABUSES
COMMITTED BY HIS
WIFE/PARTNER?

He may file a complaint or case


under the Revised Penal Code.

CHR: Dignity of a
Battered Women Syndrome (BWS)

Scientifically defined pattern of psychological


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

Woman is considered battered when she has


been through the cycle of violence at least
twice.

CHR: Dignity of all


Four Characteristics Of BWS
 The woman behaves that violence was her fault,

 She has the inability to place the responsibility for


the violence elsewhere,

 She fears for her life and her children’s lives, and

 She has an irrational belief that the abuser is


omnipotent and omniscient.

CHR: Dignity of all


Three Phases of Battered Women Syndrome

• tension building stage

• acute battering

• loving contrition

CHR: Dignity of all


KINDS OF PROTECTION ORDER AND WHERE
TO APPLY
a. BARANGAY PROTECTION ORDER (BPO)
(issued by Punong Barangay/Kagawad)
• effective for 15 days

b. TEMPORARY PROTECTION ORDER (TPO)


(issued by the Court on the date of filing)

* Effective for 30 days

c. PERMANENT PROTECTION ORDER (PPO)

CHR: Dignity of all


WHO MAY FILE THE PROTECTION ORDER?
Anyone of the following may also file the protection order in
behalf of the victim/s:
•Parent or guardian
•Grandparents
•Children and grandchildren
•Relatives (aunts, uncles, cousins, in-laws)
•Local officials and DSWD social workers
•Police
•Lawyers
•Counselors
•Therapists
•Health care providers (nurses, doctors, barangay health
workers)
•Any two people who came from the city or municipality
where VAWC happened and who have personal knowledge
of the crime
CHR: Dignity of all
I Got Flowers Today
• I got flowers today. It wasn’t my birthday or any other
special day. We had our First argument last night and he
said a lot of cruel things that really hurt me. I know he is
sorry and didn’t mean the things he said because he sent
me flowers today.

CHR: Dignity of all


• I got flowers today. It wasn’t our anniversary or any other
special day. Last night he threw me into the wall and started
to choke me. It seemed like a nightmare. I couldn’t believe
it was real. I woke up this morning sore and bruised all over.
I know he must be sorry – because he sent me flowers
today.

CHR: Dignity of all


• I got flowers today and it wasn’t Mother’s Day or any other
special day. Last night he beat me up again. And it was
much worse than all the other times. If I leave him, what will
I do? How will I take care of my kids? What about money?
I’m afraid of him and scared to leave. But I know he must be
sorry -- because he sent me flowers today.

CHR: Dignity of all


• I got flowers today. Today was a very special day. It was
the day of my funeral. Last night he finally killed me. He
beat me to death. If only I have gather enough courage and
strength to leave him, I would not have gotten flowers today.

CHR: Dignity of all


THANK
YOU.

CHR: Dignity of all


CHR REGIONAL OFFICES
REGION II
No. 05 Pabbablo St., Regional Government
Center Carig Sur, Tuguegarao City, Cagayan
REGION I
2nd Flr. Francisco Ting Bldg National Highway
Pagdalagan Norte San Fernando City, CAR
La Union
3rd Floor SSS Baguio Branch Bldg., Harrison
Road 2600 Baguio City
REGION III
Malikhain Street, Government Center, Maimpis, City of San
Fernando, Pampanga REGION IV
2nd Floor, Mary Grace Building, Colago
NCR Avenue, cor. M.L. Quezon Street,
SAAC Building, Commonwealth Avenue San Pablo City, Laguna 4000
UP Complex, Diliman,Quezon City
REGION V
Regional Center Site, Rawis, Legazpi City, Albay

REGION VIII
REGION VI cor. Maharlika and Apitong Brgy. 92
SAAC Building, Commonwealth Avenue 6500 Tacloban City
UP Complex, Diliman,Quezon City

REGION VII
132 F. Rafanan Bldg.,
Don Mariano Cui St. 6000 Cebu City
CARAGA
2nd Floor, CAP Building J.C. Aquino cor
REGION X J. Rosales Avenue,8600 Butuan City
2nd Flr. Ong’s Building, cor. Yacapin Ext. and
Pres. Roxas St.9000 Cagayan de Oro City
REGION XI
Trinity II Building, Quimpo
Boulevard 8000 Davao City
REGION IX
2nd Floor, Phil. Veterans Bank Building, cor.
REGION XII
Gov. Lim Avenue and Saavedra Streets 7000
2nd flr. Fatan Bldg. Pendatun Ave.,
Zamboanga City
Cotabato City

CHR: DIGNITY OF ALL


Contact Us:
Commission on Human Rights
Regional Office III
Malikhain St., Diosdado Macapagal Government Center, Brgy. Maimpis,
City of San Fernando, Pampanga
Citizen's Help Action Desk | (045) 961-8577; (045) 961-4830
www.chr.gov.ph
Email: chrreg3@yahoo.com

/chrgovph
www.chr.gov.ph

VISION A just and humane Philippine society MISSIO As conscience of government and the people, we seek truth
in human rights issues. As beacon of truth, we make people
of persons equal in opportunity, living
: a life of dignity, and forever vigilant N: aware of their rights, and guide government and society
towards actions that respect the rights of all, particularly
against abuses and oppression. those who cannot defend themselves—the disadvantaged,
marginalized, and vulnerable.

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