RA 9262 is “ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004 which was adopted / signed on March 8, 2004 and took effect last March 27, 2004
RA 9262 is a law that protects the rights of women & their children & also eliminates violence as it’s usually children and women are likely the victims due to unequal power .relations
- What is VAWC?
Violence Against Women and their Children (VAWC) is defined as:
– Any act or a series of acts committed by any person against a woman who is his wife, former wife.
– Against a woman with whom the person has or had a sexual or dating relationship, or with whom he has common child,
– Against her child whether legitimate or illegitimate,
– within or without the family abode,
– which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts battering, assault, coercion, harassment or arbitrary deprivation of liberty
2. Who are considered CHILDREN?
Anyone below 18 years of age, or older but incapable of taking care themselves, including the biological children of the victim and other children under her care.
3. What are the FOUR (4) ACTS that constitute VAWC ?
A.) Physical violence – bodily harm or physical harm.
B.) Sexual violence is an act, which is sexual in nature such as rape, sexual harassment.
C.) Psychological violence is an act that causes mental or emotional suffering to the victim such as intimidation stalking, marital infidelity.
D.) Economic violence is acts that make the woman financially dependent, such as withdrawal on financial support, destroying household property.
4. What are the rights of Victim – Survivor?
- To be treated with respect and dignity
- To confidentiality
- To avail of legal assistance from the PAO or any public legal assistance
- To be entitled to support services from the DSWD and LGUs
- To be entitled to all legal remedies and support provided by the Family Code; T
- To avail up to 10 days of leave of absence in addition to other paid leaves
- To be informed of their rights and the services available to them, including their right to apply for a protection order.
Violation of confidentiality shall have a penalty of one-year imprisonment and a fine of not more than 500,000 pesos
5. What are the 3 types of Protection Orders?
Barangay Protection Order (BPO) is issued by Punong Barangay / Kagawad; effective for 15 days
Temporary Protection Order (TPO) refers to the protection order issued by the Court on the date of filing after exparte determination that such order should be issued; effective for 30 days and renewable / extendable.
Permanent Protection Order (PPO) refers to protection order issued by court after notice and proper hearing.
5. What is the purpose of Protection Orders ?
- to prevent further acts of violence against a woman or her child
- safeguards the victim from further harm
- minimizes any disruption in the victims daily life
- facilitates the opportunity and ability of control over her life
6. What are the Mandatory Services for victims-survivors?
- temporary shelter
- psycho-social services and or recovery and rehabilitation programs
- livelihood assistance;
- ü medical assistance
Rehabilitative counseling and treatment to perpetrators for them to learn constructive ways of coping with anger and emotional outburst and reform their ways (Secs. 40 & 41)
7. What are the PENALTIES for VAWC?
- Imprisonment based on the provisions of the Revised Penal Code
- Fine ranging from 100,000.00 to 300,000.00
- Mandatory psychological counseling or psychiatric treatment for perpetrators
9. Immunity from Suit
Any person, whether a private individual, a public officer, or a government official /worker, who, in accordance with law, intervenes without using violence or restraint greater than necessary to ensure the safety of the victim, is not liable for any criminal, civil or administrative accountability (Secs. 43 & 43)
10. What is BATTERED WOMAN SYNDROME?
It is defined as pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse (Sec. 3 & 5)
– Used as a justifying circumstances
– No criminal or civil liability
– Should be determined through the assistance of psychiatrists / psychologists (Secs. 26 & 32)
10. OTHER FEATURES
- Provides for a prescriptive period from 10-20 years (Secs. 24 & 9)
- Defines VAWC as public crime (Sec. 25)
- Custody of minor children should be given to the woman even if she is suffering from Battered Woman Syndrome (Secs. 28 & 6)
Prepared by Paulina Lawsin-Nayra for the Kananga Women’s Assembly on November 20, 2012 in Kananga, Leyte.