The Laws on Violence Against Women in the Philippines

1
The Laws on Violence Against Women in the
Philippines

• By Rowena V. Guanzon
• Gender Justice Network
• Member, Asia Cause Lawyers Network

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Reforms in laws due to democratic space

• 1986 People Power Revolution toppled the 14 year
  Martial Law dictatorship
• 1987 Constitution
• 1988 Elections of House of Representatives,
  Senators and local government officials

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Before 1995

• Gender based violence was not recognized in
  Philippine laws.
• Revised Penal Code covered offenses committed
  against women, e.g., physical injuries, rape,
  acts of lasciviousness, seduction, parricide,
  homicide, murder

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Civil Law

• Had discriminatory provisions on women, treated
  as subordinate to husbands
• Could not accept gifts from men other than their
  husbands without their consent
• Husband had sole administration of the conjugal
  partnership

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1987 CONSTITUTIONState Policies

• Sec. 2 adopts the generally accepted principles
  of international law as part of the law of the
  land (CEDAW, CRC, other Conventions)
• Full respect for human rights
• Sec. 14. fundamental equality before the law of
  women and men

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1987 Constitution

• Sec. 14 The State shall protect working women by
  providing safe and healthful working conditions
  xxx

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LAWS ON VAW since 1995

• Anti-Sexual Harassment Act of 1995
• Anti-Rape Act of 1997
• Rape Victims Assistance Act (1998)
• An Act penalizing matching of Filipino mail order
  brides (1998)
• Anti-Trafficking in Persons Act of 2003
• Anti-Violence Against Women and Their Children
  Act of 2004

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RA 9262 Anti VAWC Act

• Effective March 27, 2004
• A special law protecting women and their children
  from all forms of abuse
• Criminal statute
• Civil action Temporary Permanent Protection
  Order
• With remedy of Barangay (village) Protection Order

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Types of Violence covered

• PHYSICAL
• PSYCHOLOGICAL, EMOTIONAL
• SEXUAL
• ECONOMIC

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Def. Violence Against Women their children
(VAWC)

• any act or series of acts committed by any
  PERSON
• against a WOMAN who is his wife, former wife, or
  with whom the person has or had a sexual or
  dating relationships, or
• with whom he has a common child, or
• against her child/child under her care

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Def VAWC

• Which result or is likely to result in physical,
  sexual, psychological harm or suffering or
  economic abuse including threats of such acts,
• Battery, assault, coercion, harassment or
  arbitrary deprivation of liberty

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Elements

• Relationship, past or present
• Married or not living in or not
• Sexual or dating relationship
• Including lesbian relationships
• With common child
• Falling under Sec. 5 (punishable acts)

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Sec. 5 Acts of VAWC

• Causing, threatening, attempting to cause
  physical harm
• Placing the woman or her child in fear of
  imminent physical harm
• Attempting or compelling the woman or her child
  to engage in conduct which they have a right to
  desist from, or to

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Sec. 5 Acts

• depriving or threatening to deprive the woman or
  her child of custody or access to her family
• depriving them of financial supportinsufficient
  financial support

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Sec. 5 Acts

• Depriving or threatening to deprive the woman or
  her child of a legal right
• Preventing the woman from engaging in any
  legitimate profession, occupation, business or
  activity, or controlling her own money or
  properties or solely controlling conjugal or
  common assets

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Sec. 5 Acts

• Causing or attempting to cause the woman or her
  child to engage in any sexual activity..., by
  force or threat, physical harm, intimidation
  directed against the woman, her child, or
  immediate family

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Sec. 5

• Engaging in knowing or reckless conduct,
  personally or through another, that alarms or
  causes substantial emotional or psychological
  distress including
• (1) stalking
• (2)entering or remaining in the property

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Sec. 5 Acts

• Causing mental or emotional anguish, public
  ridicule, humiliation including repeated verbal
  and emotional abuse
• denial of financial support or custody of minor
  children or denial of access to the womans
  child
• PRESCRIPTION PERIOD 10 years. All others, 20
  years

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Purpose of Protection Orders

• to prevent further acts of violence against a
  woman or her child.
• to safeguard the victim from further harm
• to minimize disruption in victims daily life
• give her the opportunity and ability to regain
  control over her life.

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Kinds of Protection Orders

• Barangay Protecton Order 15 days not
  extendible
• Temporary Protection Order 30 days (shall be
  renewed by court)
• Permanent Protection Order

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Protection Orders

• Prohibition from threatening or committing, any
  of punishable acts
• Removal and exclusion from the residence
  regardless of ownership, temporarily or
  permanently where no property rights are violated

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Protection Orders

• Stay away from petitioner, any designated family
  or household member
• Temporary or permanent custody of child
• Support automatic remittance of salary or
  income by employer
• Dept of Social Welfare Dev to provide shelter
  and social services

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

• Offended party
• Parents or guardians
• Ascendants, descendants, collateral relatives
  within 4th degree of consanguinity or affinity
• Social workers of DSWD or LGUs
• Police officers
• Punong Barangay or kagawad
• Lawyer, counselor, therapist, healthcare provider
• At least 2 citizens of the city or municipality
  who have personal knowledge of the offense

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Temporary Protection Order

• Issued by the Court on the day of filing
• Ex parte Priority over all other cases
• Effective for 30 days extendible
• Stay away order, temporary custody and support to
  woman and/or her children, use of
  community/conjugal property
• Bond to Keep the Peace
• Enforceable anywhere in the country
• No mediation no conciliation

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Permanent Protection Order

• issued after notice and hearing
• custody, support to the woman and/or her children
• respondent to leave the residence permanently
• with Bond to Keep the Peace

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Battered Woman Syndrome (BWS)

• justifying circumstance
• Perpetrator of crime against a woman with BWS
  shall not have custody of children

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Exemption from liability

• NO CRIMINAL, CIVIL, ADMINISTRATIVE LIABILITY
• Any person, private individual, police authority,
  barangay official acting in accordance with law,
  who
• responds or intervenes without using violence or
  restraint greater than necessary to ensure safety
  of the victim

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Rights of victims

• Right to be treated with respect dignity
• Legal assistance support services from DSWD,
  local governments
• Privacy and confidentiality of records
• Additional 10 day paid leave from work aside from
  present paid leave benefits

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Effectiveness of the law

• The law is a product of cooperation of womens
  rights organizations and legislators, hence the
  comprehensive remedies
• Protection Orders are being increasingly used by
  women to protect themselves, get support, get
  back their minor children
• Barangay protection order is available to poor
  rural women who have no easy access to the courts

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Effectiveness of the law

• Supreme Court issued a Rule on VAWC, governs the
  trial of the case
• Government officials, including judges are
  prohibited from mediating e.g. to influence the
  woman to give up her reliefs
• Local government units are tasked with education
  campaign to eliminate VAW

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Effectiveness of the Law

• Mechanism for government implementers and
  support services
• Inter-Agency on VAW is provided in the law
  government implementers have Implementing Rules
  and Regulations enumerating their duties
• Problem lack of funds for training

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Problems, gaps, lessons

• The law does not provide for appropriations,
  funding for training of implementers and support
  services for the woman
• Corruption in the judiciary, prosecution service
• Low level of gender sensitivity among prosecutors

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Problems, lessons

• Ignorance of the law by police officers who are
  not in the womens and childrens desks
• Lack of quality gender sensitivity seminars for
  judges who are not family court judges, and
  prosecutors
• Misuse of the laws and rules by lawyers, e.g.
  retaliation suits against women who have
  protection orders

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Rowena V. Guanzon, LLB, MPA
Founding Member, Gender Justice
NetworkFounding Member, Asia Cause Lawyers
Network Email rowena.guanzon_at_gmail.com
Weblog www.bingguanzon.com Fax [phone]
Mobile [phone]