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The Anti-VAWCA is a result of nine years of advocacy of victimsurvivors, women’s rights and human rights advocates, non-government organizations, and government organizations led by the National Commission on the Role of Filipino Women. This law is also in compliance with the obligations of the Government of the Philippines under the Convention on the Elimination of Discrimination Against Women (CEDAW) which the Senate ratified in 1981. Who are protected; who are liable As defined in Section 3, violence against women and their children 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 a sexual or dating relationship, or with whom he has a common child, or 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, battery, assault, coercion, harassment or arbitrary deprivation of liberty.” The law protects women and their children only and does not include men. It also protects women who are or were in lesbian relationships. The important elements that must be present are a) any of the punishable acts under Section 5, and b) the woman is or was married to the offender or has a common child with him, or she has or had a sexual or dating relationship with the offender. Since sexual relations refer to a single act, even prostituted women or those who bore the child of their rapists can avail of the remedies under the law. Children of battered women are protected under the law, which expands the definition of “children” as those below eighteen (18) years of age or older but are incapable of taking care of themselves as defined under Republic Act No. 7610 and includes not only the biological children of the victim but also other children under her care. Punishable acts 1

Among the punishable acts under Section 5 are: a) causing, attempting or threatening physical harm to the woman or her child; b) placing the woman or her child in fear of imminent physical harm, c) acts committed with the purpose or effect of controlling or restricting the woman’s or her child’s movement or conduct such as threatening to deprive or actually depriving the woman or her child of custody to her/his family; or depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman’s children insufficient financial support; or preventing the woman in engaging in any legitimate profession, occupation, business or activity; or controlling the victim’s own money or properties, or solely controlling the conjugal or common money, or properties; d) inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions; e) causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family; f) stalking, g) causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman’s child/children. The other salient features of this law are: a) physical injuries are punishable by one degree higher than the penalties under the Revised Penal Code; b) marital infidelity, as well as acts or omissions causing or likely to caus suffering such as repeated verbal abuse or humiliation fall under psychological violence; c) economic abuse is now a crime, or those acts that make or attempt to make a woman financially dependent which includes, withdrawal of financial support, preventing the victim from engaging in any legitimate profession, occupation, business or activity, deprivation or threat of deprivation of financial resources, destroying household property and controlling the victim’s own money or property or the conjugal money or property; and 2

d) battered woman syndrome is a justifying circumstance. The latter is a major improvement from the ruling in People vs. Genosa, where the Supreme Court held that battered wife syndrome is a mitigating circumstance, which entitles the accused to a reduction of the penalty. Remedies The remedies available to the victims are a) a Barangay Protection Order, b) civil action or petition for Temporary and/or Permanent Protection Order and c) criminal action for violation of R.A.9262. A Barangay Protection Order (BPO) refers to order issued by the Punong Barangay or when he or she is unavailable, by any kagawad, ordering the perpetrator to desist from committing physical harm or threat of physical harm against the victim. It is effective for fifteen (15) days and is not extendible. A Protection Order is defined in Section 8, it is “an order issued under this Act for the purpose of preventing further acts of violence against a woman or her child and granting other necessary relief. The relief granted under a protection order should serve the purpose of safeguarding the victim from further harm, minimizing any disruption in the victim’s daily life, and facilitating the opportunity and ability of the victim to independently regain control over her life.” The acts referred to in Section 8 are all the punishable acts under Section 5 of the law, unlike a BPO, which covers only physical harm or threat of physical harm. The venue for Protection Orders is the Family Court where the woman resides, or if there is no Family Court, in the Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court or Municipal Circuit Court. The venue for criminal actions is The Regional Trial Court designated as a Family Court. In the absence of such court in the place where the offense was committed, the case shall be filed in the Regional Trial Court where the crime or any of its elements was committed at the option of the compliant. Thus, the victim can file a Petition for Temporary and Permanent Protection Order and the court must issue a Temporary Protection Order (TPO) on the same day that the petition was filed, after an ex parte 3

determination, without notice to the respondent. After the respondent is given time to answer, adversarial hearings will be conducted without delay. The TPO is effective for 30 days, extendible until a decision is rendered on whether the Protection Order should be made permanent or not. A TPO grants the woman or her child immediate or emergency relief and includes an order for the respondent to: a) stay away from the petitioner and designated places; b) leave the residence regardless of ownership; c) deliver to the petitioner a vehicle, e) surrender firearms; and f) put up a bond to keep the peace. In the case of Martel vs. Martel, the TPO ordered the respondent to put up a cash1 bond of Ten Million Pesos and gave temporary custody and support of minor children to the petitioner as well as support for her. Problem Areas 1. LACK OF GENDER responsive judges; judges who continue to believe that the anti-VAWC is unfair tmen and is unconstitutional (actually marami paa kasing judges and even lawyers na perpetrators) � 2. Gross ignorance of the law _judges and other law enforcers _victims (large number of vaw victims belong to the poor 3. Inadequate legal aid and legal education 4. Inadequate fund for shelter and other support services Violence against women and human development (N. Kabeer, 2014) VAW; a challenge for sustainable human development. UNDH) -Infringes women’s fundamental right to bodily integrity and freedom from fear, jeopardizes their basic human capabilities, and, as a result undermines their ability to participate as full citizens in the economic, political and social life of their community. (Re sa human capital) these costs do not fall on women alone, but also to their families, and beyond the wider society. They are a major barrier to the goal on equitable Nd sustainable human devt.

1 The Court of Appeals issued a Temporary Restraining Order and modified the cash bond to surety bond.

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-para specific pede nyo ilagay ung term na “second generational effect” idk kung saan ko nabasa yan nuon.

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