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    Violence Against Women and Children (RA 9262)

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    Darcy
    This document provides information about Republic Act 9262, also known as the Anti-Violence Against Women and Their Children Act. It defines the different acts that are punishable under the law, including physical, sexual, and psychological violence as well as economic abuse. The document asks and answers questions to clarify details about the law's protections, coverage, procedures for filing complaints and obtaining protection orders, and the duties of law enforcement in responding to violence against women and children cases.

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    Violence Against Women and Children (RA 9262)

    Uploaded by

    Darcy
    75 views17 pages
    This document provides information about Republic Act 9262, also known as the Anti-Violence Against Women and Their Children Act. It defines the different acts that are punishable under the law, including physical, sexual, and psychological violence as well as economic abuse. The document asks and answers questions to clarify details about the law's protections, coverage, procedures for filing complaints and obtaining protection orders, and the duties of law enforcement in responding to violence against women and children cases.

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    ra9262vawc

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    This document provides information about Republic Act 9262, also known as the Anti-Violence Against Women and Their Children Act. It defines the different acts that are punishable under the law, including physical, sexual, and psychological violence as well as economic abuse. The document asks and answers questions to clarify details about the law's protections, coverage, procedures for filing complaints and obtaining protection orders, and the duties of law enforcement in responding to violence against women and children cases.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    75 views17 pages

    Violence Against Women and Children (RA 9262)

    Uploaded by

    Darcy
    This document provides information about Republic Act 9262, also known as the Anti-Violence Against Women and Their Children Act. It defines the different acts that are punishable under the law, including physical, sexual, and psychological violence as well as economic abuse. The document asks and answers questions to clarify details about the law's protections, coverage, procedures for filing complaints and obtaining protection orders, and the duties of law enforcement in responding to violence against women and children cases.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 17

    VIOLENCE AGAINST WOMEN AND CHILDREN

    (RA 9262)

    R.A NO. 9262 address the violence committed against


    women and their children in keeping with the fundamental
    liberties guaranteedunder the constitution and the
    provisions of the Universal Declaration of Human Rights, the
    convention on the Elimination of all Forms of Discrimination
    against Women, Convention on the Rights of the Child and
    other Human Rights instrument.
    Q. WHAT ACTS ARE PUNISHABLE UNDER THIS LAW?

    A. 1. Physical Violence
    2. Sexual Violence
    3. Psychological Violence
    4. Economic Abuse

    Q. WHAT CONSTITUTES PHYSICAL VIOLENCE?

    A. ANY BODILY OR PHYSICAL HARM.


    Q. ARE HOMOSEXUAL LIKE LESBIANS LIABLE UNDER THIS
    ACT? HOW ABOUT GAYS?
    A. LESBIANS ARE LIABLE. THE LAW SAYS THAT THE
    VIOLENCE IS COMMITTED BY ANY PERSON AGAINST
    A WOMAN WHO IS HIS WIFE, FORMER WIFE, OR HAS
    COMMON CHILD, OR AGAINST HER CHILD WHETHER
    LEGITIMATE OR ILLEGITIMATE, OR WHO HAD SEXUAL
    OR DATING RELATIONSHIP. IT PRESUPPOSESTHAT THE
    OFFENDER COULD EITHER BE A MAN OR A
    WOMAN. GAYS ARE LIKEWISE LIABLE UNDER THIS ACT IF
    THE VIOLENCE IS COMMITTED UNDER ANY OF THE ABOVE
    CIRCUMSTANCES.
    Q. WIFE A MARRIED TO B, A GAY. IN THE COURSE OF
    HEATED ARGUMENT, B PHYSICALLY INJURED A. IS B LIABLE
    UNDER THIS ACT?

    A. YES B IS LIABLE FOR PHYSICAL VIOLENCE.


    Q. IN THE ABOVE EXAMPLE, B ABANDONED A AND
    FAILED TO GIVE SUPPORT, IS B LIABLE UNDER THIS
    ACT?

    A. YES. B IS LIABLE FOR ECONOMIC ABUSE


    SPECIFICALLY FOR WITHDRAWAL OF FINANCIAL
    SUPPORT.
    Q. WHAT CONSTITUTES SEXUAL VIOLENCE?

    A. REFERS TO ANY ACT WHICH IS SEXUAL IN NATURE


    COMMITTED AGAINST A WOMAN OR
    HER CHILD SUCH AS :
    *RAPE
    *SEXUAL HARASSMENT
    *ACTS OF LASCIVIOUSNESS
    *SEX OBJECT
    *SEXUAL SUGGESTIVE REMARKS
    *PHYSICALLY ATTACKING THE SEXUAL PARTS
    * FORCING TO WATCH OBSCENE PUBLICATIONS OR
    INDECENT SHOWS OR TO DO INDECENT ACTS, OR
    FORCING TO ENGAGE IN PROSTITUTION.
    Q. WHAT CONSTITUTES PSYCHOLOGICAL VIOLENCE?

    A. ANY ACT/OMISSION CAUSING MENTAL OR EMOTIONAL


    SUFFERING OF THE VICTIM,
    SUCH AS:
    *INTIMIDATION
    *HARASSMENT
    *STALKING
    *DAMAGE TO PROPERTY
    *PUBLIC HUMILIATION
    *REPEATED VERBAL ABUSE.
    Q. WHAT CONSTITUTES
    ECONOMIC ABUSE?
    A. REFERS TO ACTS THAT MAKE OR ATTEMPT TO MAKE A WOMAN
    FINANCIALLY DEPENDENT, SUCH AS:
    *WITHDRAWAL OF FINANCIAL SUPPORT.
    *PREVENT THE VICTIM FROM ENGAGING IN ANY LEGITIMATE
    PROFESSION, OCCUPATION, BUSINESS OR ACTIVITY, EXCEPT ON
    VALID GROUNDS.
    *DEPRIVATION OF FINANCIAL RESOURCES.
    *DEPRIVATION OF THE RIGHT TO USE AND ENJOYMENT OF THE
    CONJUGAL, COMMUNITY OR PROPERTY OWNED IN COMMON.
    *DESTROYING HOUSEHOLD PROPERTY.
    *CONTROLLING VICTIMS OWN MONEY/PROPERTIES.
    *CONTROLLING CONJUGAL MONEY/PROPERTIES.
    Q. THE TITTLE OF THIS ACT PROVIDES “VIOLENCE
    AGAINST WOMEN AND THEIR CHILDREN". DOES THIS MEAN THAT
    THE OFFENSE BE COMMITTED AGAINST BOTH THE WOMAN AND
    HER CHILD?

    A. NO. AS READ IN ITS DEFINITION, THE OFFENDERS CAN


    BE COMMITTED AGAINST A WOMAN OR HER CHILD,
    PROVIDED THE WOMAN IS THE WIFE, FORMER WIFE, OR HAD
    SEXUAL OR DATING RELATIONSHIP WITH THE OFFENDER.

    Q. IF THE VICTIMS IS A CHILD, WHO FILES THE COMPLAINT?

    A. IT COULD BE FILED BY THE MOTHER OR BY THE CHILD ALONE


    TO BE ASSISTED BY THE POLICE OFFICER. THE
    COMPLAINT SHOULD BE ACCOMPANIED BY A PROOF THAT THE
    WOMAN IS THE MOTHER OF THE CHILD VICTIM (IE.
    BIRTH CERTIFICATE); AND AFFIDAVIT OF THE MOTHER STATING
    THE FACT OF RELATIONSHIP/STATUS WITH THE OFFENDER.
    Q. WHERE SHOULD VAWC CASES BE FILED?

    A. IN THE REGIONAL TRIAL COURT (RTC) DESIGNATED AS


    FAMILY COURT. IN THE ABSENCE OF FAMILY COURT, IT
    SHALL BE FILED IN THE RTC WHERE THE CRIME OR ANY OF ITS
    ELEMENTS WAS COMMITTED, AT THE OPTION OF THE
    COMPLAINANT.

    Q. WHAT IS PROTECTION ORDER UNDER THIS ACT?

    A. IT IS AN ORDER ISSUED TO PREVENT FURTHER ACTS OF


    VIOLENCE AGAINST A WOMAN OR HER CHILD AND GRANTING
    OTHER RELIEFS.

    Q. WHAT ARE THE PROTECTION ORDERS REFERRED TO UNDER


    THIS ACT?

    BPO- BRGY. PROTECTION ORDER-ISSUED BY THE BRGY.

    TPO-TEMPORARY PROTECTION ORDER-ISSUED BY THE


    FAMILY COURT OR RTC, MTC, MCTC WHICH HAS TERRITORIAL
    JURISDICTION OVER THE PLACE OF RESIDENCE OF THE
    PETITIONER.
    PPO-PERMANENT PROTECTION ORDER- ISSUED BY THE FAMILY
    COURT OR RTC, MTC, MCTC WHICH HAS TERRITORIAL JURISDICTION OVER
    THE PLACE OF RESIDENCE OF THE PETITIONER.

    Q. WHAT IS THE EFFECTIVITY OF PROTECTION ORDER?

    A. BPO- EFFECTIVE FOR FIFTEEN (15) DAYS FROM ISSUANCE.

    TPO- EFFECTIVE FOR THIRTY (30) DAYS FROM ISSUANCE,


    UNLESS THE COURT CONTINUOUSLY EXTEND OR RENEW FOR A PERIOD
    OF THIRTY (30) DAYS AT EACH PARTICULAR TIME UNTIL FINAL JUDGMENT
    IS ISSUED.

    PPO- SHALL BE EFFECTIVE UNTIL REVOKED BY THE COURT UPON


    APPLICATION OF THE PERSON IN WHOSE FAVOR THE ORDER WAS
    ISSUED.

    Q. WHAT MAY BE DONE IN CASE THE PROTECTION ORDER IS VIOLATED?

    A. A COMPLAINT FOR VIOLATION OF BPO MAY BE FILED WITH THE


    MTC, OR MCTC WHICH HAS JURISDICTION OVER THE BRGY. THAT
    ISSUED THE ORDER. VIOLATOR SHALL BE PUNISHED WITH THIRTY (30)
    DAYS IMPRISONMENT WITHOUT PREJUDICE TO THE FILLING OF CRIMINAL
    AND/OR CIVIL CASE AGAINST HIM.
    Q. WHAT IS THE NATURE OF VAWC?

    A. ITS IS A PUBLIC CRIME.

    Q. COULD IT BE FILED BY ANYBODY OTHER THAN THE


    VICTIM WOMAN OR HER CHILD?

    A. YES. IT CAN BE PROSECUTED UPON THE FILLING


    OF COMPLAINT BY ANY CITIZEN HAVING PERSONAL
    KNOWLEDGE OF THE CIRCUMSTANCES INVOLVING THE
    COMMISSION OF THE CRIME.

    Q. WHAT IS THE SO-CALLED “BATTERED WOMAN


    SYNDROME” UNDER THIS ACT?

    A. REFERS TO A SCIENTIFICALLY DEFINED PATTERN


    OF PSYCHOLOGICAL AND BEHAVIORAL SYMPTOMS
    FOUND IN WOMEN LIVING IN BATTERING
    RELATIONSHIP AS RESULT OF CUMULATIVE ABUSE.
    Q. A WIFE X IS REPEATEDLY BEING MALTREATED BY HER
    HUSBAND Y. IN ONE OCCASION, Y ONCE AGAIN INFLICTED
    PHYSICAL ABUSE TO X. AND IN THE COURSE OF SUCH INCIDENT,
    X KILLED Y. IS X CRIMINALLY AND/OR CIVILLY LIABLE?

    A. NO. APPARENTLY, X IS SUFFERING FROM BATTERED WOMAN


    SYNDROME. SHE DOES NOT INCUR ANY CRIMINAL AND CIVIL
    LIABILITY UNDER THIS ACT.

    Q. WHAT PROOF NEEDED TO SHOW THAT THE VICTIM WOMAN IS


    SUFFERING FROM “BATTERED WOMAN SYNDROME”?

    A. TO DETERMINE THE STATE OF MIND OF THE VICTIM, THE


    COURT SHALL BE ASSISTED BY PSYCHIATRIST/PSYCHOLOGIST.

    Q. WHAT ARE THE DUTIES OF POLICE OFFICERS AND OTHER LAW


    ENFORCERS UNDER THIS ACT?

    -RESPOND IMMEDIATELY TO CALL FOR HELP OR REQUEST


    FOR ASSISTANCE OR PROTECTION OF THE VICTIM; -CONFISCATE
    ANY DEADLY WEAPON IN THE POSSESSION OF THE
    PERPETRATOR OR WITHIN PLAIN VIEW;

    -TRANSPORT OR ESCORT THE VICTIM/S TO SAFE PLACE OF


    THEIR CHOICE, OR TO CLINIC OR HOSPITAL;

    -ASSIST THE VICTIM IN REMOVING PERSONAL BELONGINGS FROM


    THE HOUSE;

    -ASSIST THE BARANGAY OFFICIALS AND OTHER


    GOVERNMENT OFFICERS AND EMPLOYEES WHO RESPOND TO A
    CALL FOR HELP;

    -ENSURE THE ENFORCEMENT OF THE PROTECTION


    ORDERS ISSUED BY THE PUNONG BRGY. OR THE COURTS;

    - ARREST THE SUSPECTED PERPETRATOR WITHOUT A


    WARRANT WHEN ANY OF THE VIOLENCE UNDER THIS ACT
    IS OCCURING, OR WHEN SHE/HE HAS PERSONAL
    KNOWLEDGE THAT ANY ACT OF ABUSE HAS JUST BEEN
    COMMITTED, AND THERE IS IMMINENT DANGER TO THE
    LIFE OR LIVES OF THE VICTIM(S);
    - IMMEDIATELY REPORT THE CALL FOR ASSESSMENT OR
    ASSISTANCE TO THE DSWD, SWD OF LGUS OR ACCREDITED
    NGOS.

    Q. WHAT IS THE LIABILITY OF THE POLICE OFFICER OR LAW


    ENFORCER WHO FAILS TO REPORT THE INCIDENT FOR
    ASSISTANCE?

    A. HE SHALL BE LIABLE FOR A FINE NOT EXCEEDING P10,000.00


    OR WHENEVER APPLICABLE CRIMINAL, CIVIL, OR
    ADMINISTRATIVE LIABILITY.

    Q. DOES THE PNP HAVE SPECIAL UNIT TO ACCOMMODATE AND


    ASSIST VAWC VICTIMS?

    A. YES. THE PNP HAS THE WOMEN AND CHILDREN PROTECTION


    DESK (PNP-WCPD) WHICH IS EXISTING IN THE DIFFERENT POLICE
    STATIONS NATIONWIDE.
    Q. WHAT SHOULD THE POLICE OFFICER D WHEN THE VICTIM SEEKS
    ASSISTANCE FR VAWC INCIDENT?

    1. INTERVIEW THE VICTIM COMPLAINANT AND HER


    WITNESS/ES, IF ANY. STATE THIS FACT IN THE POLICE BLOTTER;

    2. ASSIST THE VICTIM/COMPLAINANT AND HER WITNESS/ES


    IN THE PREPARATION OF COMPLAINT AFFIDAVIT/S;

    3. REFERS THE COMPLAINT TO THE PRESECUTOR FOR


    PRELIMINARY INVESTIGATION;

    4. PROSECUTOR FILES A CASE IN COURT AND APPLIES FOR


    TEMPORARY PROTECTION ORDER; AND

    5. IF THE PROSECUTOR DISMISSES THE CASE, THE POLICE


    OFFICER MAY ASSIST THE VICTIM TO APPEAL THE CASE TO THE
    DOJ.
    IN HANDLING VAWC CASES, A FLOWCHART IS HER TO FORE INCORPORATED FOR
    YOUR GUIDANCE AND REFERENCE.

    START

    Victim reports incident to PNP


    Station

    PNP interview victim &


    witness/s and informs victim of
    her rights

    PNP assists victim for medical


    attention & refers to nearest
    available hospital

    PNP refers complaint to


    prosecutor for preliminary
    investigation

    Prosecutor files a case


    YES
    Prosecutor files a case in
    Victim appeals case to
    court & applies for
    DOJ
    Temporary Protection
    Order
    FLOWCHART IN HANDLING VAWC CASES
    THANK YOU
    AND
    WASSALAM!!!

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