Xavier University – Ateneo de Cagayan

Corrales Ave., Cagayan de Oro City

College of Law

VIOLENCE AGAINST WOMEN

Narrative Report

By:
ALFAR, Shaneen Ray
AMORA, Ma. Salome
ARANETA, Pauline Mae
DIMAKUTA, Rosnifa
EGUIA, Ezra Eve
GURO, Haniya
MANLANTAO, Maricel
RAFOLS, Ivy Florence
SALIC, Zairene Arani
VILLACURA, Jonalyn

In partial fulfillment of the Practicum required for International Human Rights (IHR B) under
Atty. Normita “Normie” V. Batula for A.Y. 2011-2012, 2nd Semester

February 10, 2012

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VIOLENCE AGAINST WOMEN

I. OVERVIEW 2
II. RECOMMENDATIONS 5
To the Government of the Philippines 5
Ensuring That Laws Are Obeyed 5
To the Citizens of the Philippines 6
Challenging Traditional Attitudes 6
III. BACKGROUND 6
Historical Context 6
Middle Ages 7
Rise of Mercantilism 7
Church Doctrine 8
British and Early American Legitimacy 8
Violence Against Women in the Philippines 9
Cultural Context 9
The Culture of Silence and the Cycle of Violence 11
Facts of the Case 12
Women in Especially Difficult Circumstances 14
IV. RIGHTS VIOLATED AND THEIR CONSEQUENCES 16
Violated Rights 16
Preliminary Steps Taken to Address Violation 17
V. CONTRIBUTING FACTORS 17
Circumstances 17
a. Education 17
b. Ignorance of the Law 18
c. Family Support 18
Violators 18
VI. REMEDIES AVAILABLE 19
International Laws 19
Philippine Laws and Statutes 22
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VII. COMMENTS ON THE REMEDIES 26

VIII. PLAN OF ACTION AND POSITIVE CHANGE 27
IX. CONCLUSION AND INSIGHTS 29
On Action’s Taken 30
On Knowing One’s Legal Capacity 30
On Human Rights 31
On Available Remedies 31
On Entire Practicum 31
X. REFERENCES 31
XI. ACKNOWLEDGMENTS 33
XII. APPENDICES 34
Appendix A: CEDAW 34
Appendix B: R.A. 9262 or Anti-VAWC Act of 2004 43
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I. OVERVIEW

Ailyn suffered physically, mentally and emotionally when her children were
taken from her against her will by the children’s biological father last March 2011.
Because of depression, she lost her job and the will to live. Being born in a broken
family – her father has another family – Ailyn was left to fend for herself in the busy life
of Cagayan de Oro City. She once lived with Leo whom she had two children, age five
and two, respectively. Unable to marry each other during the time they started living
together because of Ailyn’s minority and financial instability, they were able to keep
strong their family until Leo started having affairs with different women. This started
Ailyn’s mental and emotional torment. When Ailyn finally decided to leave Leo and go
back to her home in Bukidnon to live with her mother, Leo forcibly took away their
children from her.
-- Interview with Aiza “Ailyn” Saloay, Cagayan de Oro City, December 8, 2011

The United Nations Universal Declaration of Human Rights (UDHR) states that “everyone has the
right to life, liberty and security” and “no person shall be subject to torture, cruelty, and inhuman or
degrading treatment.” This declaration was meant for men and women alike.

However, violence affects the lives of millions of women worldwide, in all socio-economic and
educational classes. It cuts across cultural and religious barriers, impeding the right of women to
participate fully in society.

Published by the United Nations Department of Public Information on February 1996, Women
and Violence, it states that “violence against women takes a dismaying variety of forms, from domestic
abuse and rape to child marriages and female circumcision. All are violations of the most fundamental
human rights.”
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In a statement to the Fourth World Conference on Women in Beijing in September 1995, the
United Nations Secretary-General, Boutros Boutros-Ghali, said that violence against women is a
universal problem that must be universally condemned. But he said that the problem continues to grow.

The Secretary-General noted that domestic violence alone is on the increase. “Studies in ten
countries,” he said, “have found that between 17 percent and 38 percent of women have suffered
physical assaults by a partner.”

In the Platform for Action, the core document of the Beijing Conference, governments declared
that "violence against women constitutes a violation of basic human rights and is an obstacle to the
achievement of the objectives of equality, development and peace."

Moreover, violence against women remained to be a social problem not just in the Philippines
but in most countries. This violence takes up different forms either in the abuse of a women’s
physiology, psychology and even her capacity to think.

This narrative report recounts the experiences of a woman who has been the subject of
violence. A group of ten (10) first year Law students of Xavier University’s College of Law under the
supervision of Atty. Normita “Normie” V. Batula went beyond borders in order to help a woman in
especially difficult circumstances (WEDC) who was once a victim of violence. The group was able to
arrive with the positive change that they were all praying and have been working for. With the help of
the Department of Social Welfare and Development (DSWD) through the City Social Welfare and
Development (CSWD), the social workers in their district office in Lumbia and some police officers of
Carmen Police Station, they were able to acquire visitation rights over the woman-victim’s children.
Although at first it was custody of the children that they were praying for, however, due to the unstable
job that the woman-victim had at the time, she and the group deemed it proper to have, for now,
visitation rights.

Various instruments – international, regional and domestic laws – were studied to come up with
pertinent laws to support the rights of the women-victim over her children. There are the Convention on
the Elimination of All Forms of Discrimination Against Women (CEDAW), where the Philippines is a
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signatory, the Universal Declaration of Human Rights, the 1987 Constitution, Republic Act 9262 or the
Violence Against Women and their Children Act of 2004, various statutes and presidential decrees.

II. RECOMMENDATIONS

To the Government of the Philippines

Ensuring That Laws Are Obeyed

Combating and eradicating the scourge require enhanced and concerted efforts to protect
women at the local, national and international levels.

However, states have tended to adopt a passive attitude when confronted by cases of violations
of women's rights by private actors. Most laws fail to protect victims or to punish perpetrators. Passing
laws to criminalize violence against women is an important way to redefine the limits of acceptable
behavior. Although the Philippines have the laws for women protection, enforcement still needs to be
strictly observed.

States should ensure that national legislation, once adopted, does not go unenforced. State
responsibility is clearly underlined in Article 4 of the Declaration on the Elimination of Violence against
Women, which stipulates:

"States should exercise due diligence to prevent, investigate and, in accordance with
national legislation, punish acts of violence against women, whether those acts are
perpetrated by the State or by private persons".

Any approach designed to combat violence must be two-fold, addressing the root causes of the
problem and treating its manifestations. Society at large, including judges and police officers, must be
educated to change the social attitudes and beliefs that encourage male violence.
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To the Citizens of the Philippines

Challenging Traditional Attitudes

The meaning of gender and sexuality and the balance of power between women and men at all
levels of society must be reviewed. Combating violence against women requires challenging the way
that gender roles and power relations are articulated in society. In many countries women have a low
status. They are considered as inferior and there is a strong belief that men are superior to them and
even own them.

Changing people's attitude and mentality towards women will take a long time -- at least a
generation, many believe, and perhaps longer. Nevertheless, raising awareness of the issue of violence
against women, and educating boys and men to view women as valuable partners in life, in the
development of a society and in the attainment of peace are just as important as taking legal steps to
protect women's human rights.

It is also important in order to prevent violence that non-violent means be used to resolve
conflict between all members of society. Breaking the cycle of abuse will require concerted collaboration
and action between governmental and non-governmental actors, including educators, health-care
authorities, legislators, the judiciary and the mass media.

III. BACKGROUND

Historical Context

The historical context of violence against women are all taken from the works of Stephen French
Gilson on Violence Against Women with Disabilities (2003) which will be attributed in the reference
section of this report. The following were taken from such work:
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From the middle ages until contemporary times, male dominance and control over
women has been documented. And although tolerance for extreme harm consequence was
variable, the general trend until the 20th century was the public sanction for male
supremacy.”

Middle Ages

In England, as feudal societies in the middle ages which fostered loyalty to

aristocratic kinship changed, nuclear familial arrangements replaced the larger feudal
household structures as a means to legitimate the husband’s power over his wife while
simultaneously encouraging loyalty and submission to the crown. Encouraging hierarchical
relationships within the smaller nuclear family was believed to develop the “very patterns of
mind and habit to achieve obedience and allegiance to the state.”

In sixteenth century England, wives were instructed to be subservient and

compliant with their husbands and the king; allegiance to their husbands was associated
with loyalty to the rulers and to God. James I of England in 1609 compared the fathers’ role
in the household to that of Kings. It was argued that the nuclear family became the basis of
patriarchal society and influenced the structure of other social institutions and the ideology
of the modern state.

Rise of Mercantilism

Prior to early capitalism in the eighteenth century, the primary unit of

economic production was the large domestic household. During the transition to
industrialization, the role of the urban domestic household as the basic economic unit gave
way to employment in manufacturing settings. Husbands went to work in factories that paid
wages, while wives typically engaged in unpaid domestic labor. Such arrangements
increased the dependence of wives on their husbands while economically devaluing the
domestic work they were expected to perform. While wives were isolated economically and
socially, working husbands or those with economic resources were considered to be the
legitimate “players” in the social context.
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Church Doctrine

The concurrence of industrialization and Protestantism contributed to

urban contexts in which segregation and subordination of women were common.
Industrialization brought with it division of labor, where men worked outside of home and
women were expected to assume the management of the household and children.
Protestantism, contrary to the contractual nature of marriage in the Middle Ages, promoted
this bond as a display of sacred love. Thus men had access to wages and/or economic
resources while women were spiritually remanded to illustrate their love as homemakers

During the Reformation in England, the legitimate head of the household assumed
power and authority inside the home environment, both in religious and moral arenas.
Church doctrine designed to enhance the legitimacy of the subordinate role of wives was
communicated in churches and other venues such as marriage manuals. And although harm
activity and limited harm consequences were legitimated with appropriate moral
explanations, harm activity and threshold were delimited. For example, blows to the head or
sensitive organs, or violence perpetrated against pregnant women were considered
illegitimate. Husbands’ violence using weapons, such as axes, sickles, or knives was also
condemned. Husbands who engaged in harm activity that was illegitimate and caused
consequences in excess of an acceptable harm threshold were subjected to public shaming.
Yet, there was community legitimacy for the harm activity of beating a woman for such
“offenses” as rejecting her husband’s authority, exhibiting intoxication, or neglecting her
domestic duties. A popular Gloucestire saying was “a woman, a spaniel and a walnut tree, the
more they are beaten, the better they be.”

British and Early American Legitimacy

Because English Common Law influenced American jurisprudence, colonial

American women had legal statuses similar to those of servants and children. Women
received harsher punishments than men for committing the same offenses. Married women
in particular were excluded from legitimate benefits of citizenship because their legal
identity became tied with that of their husbands. Legally, husbands could perpetrate harm
activity such as that referred to as “moderate chastisements”. However, in 1829 in England, a
husband’s legitimate right to chastise his wife was abolished by law. Additional laws in
England between 1850 and 1900 established punitive consequences for husbands who
perpetrated harm activity against their wives, and legitimacy for wives to separate and/or
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divorce abusive husbands, gain custody of their children, and obtain money from their
husbands to take care of their families. However, assault convictions were rare and divorce
due to cruelty was likely only in situations which were in excess of harm threshold.

In America in the 1800s, several state courts upheld the husband’s legitimate right
of chastisement. Domestic disputes were expected to be managed in private by husbands
and wives themselves. Women’s advocates and their allies condemned the subordinate role
of women and the harm activity of chastisement. At the first Women’s Rights Convention in
Seneca Falls, NY, the participants created a Declaration of Sentiments, which listed among
the grievances that a wife was “compelled to promise obedience to her husband …. The law
giving him power to deprive her of liberty and to administer chastisement.”

In 1871, Alabama and Massachusetts were the first states to delegitimize wife
beating. Other states followed and most allowed cruelty as legitimate grounds for divorce.
However, legitimate definitions of cruelty varied widely. Thus, “ordinary” cruelty might not
have constituted a legitimate explanation for divorce. Thus, in early American history, law
makers attempted to establish a harm threshold and legitimate explanations warranting
legal intervention. Unfortunately, even after the passage of laws against wife beating, harm
activity against wives was commonly practiced and rarely punished.

Violence Against Women in the Philippines

In the Philippines, violence against women is a serious problem. The history of violence against
Filipino women were taken from the works of Dee Dicen Hunt and Cora Sta. Ana-Gatbonton in “FILIPINO
WOMEN AND SEXUAL VIOLENCE: SPEAKING OUT AND PROVIDING SERVICES”, a paper which they
presented to the Immigrant Women's Support Service Forum "Sexual Violence in a Gender, Cultural and
Human Rights Framework" on 24th November, 2000.

Cultural Context

The cultural context within which Filipino women have been defined is embedded
in a patriarchal system, as in other parts of the world. Gender and female sexuality are
defined by the dominant social group (men) through a socialization process mediated by
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family and community, school, church and the media. In practice, this has come to mean male
dominance or female subordination.

Traditionally, the husband is expected to be the main breadwinner, chiefly

responsible for the financial sustenance of the family, and the wife is "queen of the home". As
she takes care of the budget and "holds the purse strings" (the husband usually hands over
his monthly pay to the wife and gets a regular allowance from her), she is seen as a power to
reckon with in the family.

However, this often-repeated incantation and the commonly held idea that today’s
Filipino family displays "matriarchal tendencies" attributed to the power held by women
before the Spanish conquest, as well as the assertion that the position of Filipino women
improved as a result of American influence during its occupation of the country, are now
challenged by the empirical studies of social scientists as some of the "myths" surrounding
the belief that Filipino women do not need "liberation".

Additionally, the traditional view of a full-time Filipino mother and wife is also being
challenged by the necessity in contemporary Philippines for women to seek paid work
outside the home; even outside the country.

Furthermore, mainstream history was almost always written from a male

perspective and the participation of women in the life of the community was glossed over.

This Filipino woman of strength and power was transformed during the almost 400
years of Spanish colonization, as the social system itself was transformed into a patriarchy.
With values and cultural expectations shaped under Spanish tutelage, the Filipina became
the "shy, diffident, puritanical, tearstained little woman of the late nineteenth century" so
well immortalized in literature.

Moreover, the Philippines today is predominantly Catholic, so personal and

community values echo the teachings of the Roman Catholic Church, which is male-centered
and male-dominated. The value placed on virginity until marriage and sex only for
procreation reflect the Catholic upbringing of most Filipinos, as do the indissolubility of
marriage and the belief that the husband is head of the household with absolute authority
over his wife and children. The father’s word is law and his behavior cannot be questioned.
All these values have consequences for women who experience sexual assault and domestic
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violence, for example, the reluctance to report rape or incest and the tendency to stay in
untenable violent relationships even if their lives are at risk. They also partly explain the
fear, shame and guilt that overwhelm victims of these crimes.

The Culture of Silence and the Cycle of Violence

Michael Tan, executive director of the Manila-based Health Action Information

Network (HAIN) says:

VAW [violence against women] occurs because our social norms become ambiguous.
VAW exists because we refuse to face up to the roots of the problem. We dismiss rape as an
occasional crime, and think the death penalty will eradicate it. It will not, because our social
norms continue to encourage VAW. Think hard about it: even our norms about being a
“gentleman” may in fact contribute to VAW. The concept of the “gentleman” is actually very
feudal. Chivalry is expected of the Filipino “gentleman” only under certain conditions,
meaning if the woman is loyal and servile. In fact, even the prohibition on picking a fight with
a woman is partly based on the idea that men are superior and should not stoop to the level
of women. And when a woman dares to talk “too much”, asks “too much”, then the
“gentleman” facade gives way to stern machismo: she has to be put in her place, through a
beating if necessary. Is this too harsh an indictment of Filipino culture?

Increasingly, as the culture of silence is broken, women are coming forward and
reporting their experiences of violation. Arugaan ng Kalakasan, a crisis intervention agency
based in Quezon City says that some of the reasons women keep silent about their
experience and remain in violent relationships are: "shame, the hope that the abusive
partner will change, threats from or the moral ascendancy of the abuser, lack of financial
resources, lack of support from relatives, concern for the children, and social pressure to
keep the family together."

In the following illustration, cases of violence against women were reported and documented by
the National Economic and Development Authority, Region 10; the latest record was for the year 2009
to 2010.
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Illustration 1. Reported Cases of Violence Against Women, Region 10: 2009-2010

Classification of Offenses 2009 % 2010 %

Total 573 100.0 610 100.0
Physical Injuries/Wife Battering 385 67.2 444 72.8
Rape 34 5.9 52 8.5
Acts of Lasciviousness 25 4.4 17 2.8
Grave Oral Defamation 14 2.4 11 1.8
Attempted Rape 11 1.9 18 3.0
Sexual Harassment 6 1.0 1 0.2
Trafficking in Persons 4 0.7 - 0.0
Concubinage 2 0.3 4 0.7
Abduction/Kidnapping 1 0.2 - 0.0
Abandonment/Neglect 60 10.5 45 7.4
Unjust Vexation 3 0.5 5 0.8
Slander 2 0.3 4 0.7
Homicide 1 0.2 - 0.0
Frustrated Homicide 1 0.2 1 0.2
Attempted Homicide 2 0.3 2 0.3
Murder 2 0.3 1 0.2
Attempted Murder 1 0.2 1 0.2
Frustrated Parricide 1 0.2 - 0.0
Attempted Parricide 2 0.3 2 0.3
Malicious Mischief 1 0.2 - 0.0
Theft 1 0.2 1 0.2
Source: Philippine National Police – PRO 10

The number of reported cases of violence against women increased by 6.46 percent in 2010.
Among the abuse cases committed against women, physical injuries/wife battering recorded the highest
in the current year, comprising 72.8 percent of all reported cases of violence against women in Northern
Mindanao. Rape cases followed next consisting of 8.1 percent.

Facts of the Case

Aiza “Ailyn” S. Saloay and Leo Navarro used to live together as husband and wife without the
benefit of marriage. Out of this cohabitation, two children were born namely Tristan Kim who is five
years old and Khent Leo who is will be four years old in February 17. At present, the children is with Leo.
But Ailyn, persistent in fighting for her rights, strongly seeks custody of her children.
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To have a wider insight of the situation, the preceding events must be presented.

On January 17, 2007, the two started living together as they cannot enter into a valid marriage
because of Ailyn’s minority, only 17 years old at the time, and because of financial instability. During
their cohabitation, Ailyn became pregnant with their first child. Leo took care of Ailyn and their unborn
child until the baby, Tristan Kim Navarro, was born on October 13, 2006. Three months after giving birth,
Ailyn discovered that Leo started to have sexual relations with other women. Despite that, months
passed and she became pregnant with their second baby, Khent Leo Navarro, who was born on February
17, 2008. Thinking that they already have a family of their own to raise and that Leo would eventually
straighten up, Ailyn’s continued hoping for a better and smooth-flowing relationship. However such
hope was put to waste. Leo’s attitude towards their relationship worsen as he continued to have illicit
relations with different women.

Due to the pain that she had felt, Ailyn decided to leave Leo on December 10, 2010. After the
separation, Leo, then living with another woman who was married to another man, went to Ailyn’s
home in Bukidnon where she and the children lived. Leo, without the Ailyn’s knowledge and against her
will, took their children to Cagayan de Oro City. After such taking, Leo cut off all communications with
Ailyn. As a mother, Ailyn suffered sleepless nights and anxieties thinking about her children who were
away from her. Her depression was so much for her that she lost her job. Her own mother refused to
help her in taking her children back. There were times when Ailyn went to Leo’s house to visit her
children, only to be forced to leave by Leo’s mother. Oftentimes, she was verbally abused by Leo, his
mother or his mistress. Feeling weak and helpless, Ailyn didn’t mind all the words from these people.
What was important for her was to be with her children in the end.

Ailyn prays to be with her children. Hence, she is seeking custody over her children. But due to
some factors that had changed – she has no constant and stable job; she now seeks mere visitation
rights over her children.

The central issue of this case is whether a woman, like Ailyn, have basis to fight for her right
over her children—the custody or visitation rights, the right to see them and the right to take care of
them.
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Women in Especially Difficult Circumstances

Base on common cases gathered by the Department of Social Welfare and Development
(DSWD) national level, these are women who are “physically abused or maltreated or battered followed
by the group that includes HIV patients/potentials, emotionally distressed, stranded unwed mothers,
neglected victims of disaster and sexually abused women.”

For the purpose of discussion and concentrated statistical research, we deemed that Ailyn falls
under the category of WEDC — a woman maltreated by Leo and his mother, slandering her persona,
humiliating her in public, forcibly separating her children from her and causing her such emotional
batter in the process. Statistics show a staggering number of women whose rights were violated. (See
Table 2)

Illustration 2. Number of WEDC served by DSWD (1998 to 2007)

Source: Department of Social Welfare and Development

Although the graph suggests a declining number of cases, worthy to note is that this data is
limited only to those cases that were reported. As to unreported, there is a chance that the numbers are
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high. Personalities like that of Ailyn’s tend to fake silence with indifference or sheer acceptance of her
predicament.

Illustration 3. Number Of Women In Especially Difficult Circumstances (WEDC) Served

By The Department of Social Welfare and Development (2000-2007)

Number of Cases Rank Based on the Number of Cases

Region
2000 2001 2002 2003 2004 2005 2006 2007 2000 2001 2002 2003 2004 2005 2006 2007
NCR 1288 1677 1077 573 475 525 266 257 1 1 1 4 6 4 9 9
Regn. I 405 403 594 492 430 332 274 271 9 6 3 6 8 9 8 8
Regn. II 645 942 355 597 448 399 359 174 4 2 6 3 7 8 7 10
Regn. III 425 276 259 395 480 559 592 1011 8 8 10 8 5 3 4 1
Regn. IV 394 251 257 138 244 180 138 152 10 9 11 13 10 11 12 11
Regn. V 222 131 146 101 70 85 71 115 11 11 13 14 14 14 14 13
Regn. VI 64 116 127 156 144 116 100 71 15 12 14 12 13 13 13 14
Regn. VII 1051 467 525 564 598 416 377 519 2 4 4 5 3 7 6 4
Regn. VIII 177 104 192 162 145 215 157 502 12 13 12 11 12 10 11 5
Regn. IX 763 667 342 815 861 766 688 815 3 3 7 1 1 1 2 3
Regn. X 585 58 680 719 497 477 645 832 5 15 2 2 4 6 3 2
Regn. XI 483 412 330 331 669 486 1083 272 6 5 8 9 2 5 1 7
Regn. XII 108 188 262 168 149 172 211 126 13 10 9 10 11 12 10 12
CAR 437 288 416 468 318 675 395 381 7 7 5 7 9 2 5 6
CARAGA 78 94 46 24 31 37 22 51 14 14 15 15 15 15 15 15
Source: Department of Social Welfare and Development

Region 9 followed by the NCR are the more consistent regions getting the bigger chunk of
reported WEDC cases; however, Region 10 should receive an equally ardent attention getting the
second rank in the years 2002, 2003, and 2007—ranking third in 2006—throughout the Philippines.
These data alone strengthens the need for more positive action in the social phenomenon of violence
against women in Misamis Oriental. Cagayan de Oro City being the more urbanized city in the region
with a more sophisticated society, Kagay-anons ought to be relied upon in resolving or abetting
solutions in this humanitarian issue.
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IV. RIGHTS VIOLATED AND THEIR CONSEQUENCES

VIOLATED RIGHTS

In Ailyn’s case, the violation of her rights brought into surface the other things that she was not
aware of—that she had been abused already. It is crystal clear that her right of being a mother was
abused since she was not given the custody of her children that under the law should be with her, the
children being below seven years of age and illegitimate. She was deprived of this statutory grant. The
fact that she was, at some point, not aware of the whereabouts of her children after Leo took them
away is a clear impairment of her motherly rights. Moreover, when there were chances of seeing the
children, those instances were like glimpses of them since she cannot fully do her duties as a mother to
them. Had she stayed a little longer in Leo’s place, the people there will just hurt her either physically or
verbally.

In fighting for her rights of a mother, her rights against verbal and physical abuse arose. Ailyn
was not fully aware of this; she did not know that under the law, she has certain rights that were already
violated by the people who surround her. The sharp words and the mean gesture of the Leo’s mother,
and at some point of Leo, too, contributed to the agony of Ailyn and her right to a good and peaceful life
is violated.

The consequence of such violation is that in many countries, women fall victim to traditional
practices that violate their human rights. The persistence of the problem has much to do with the fact
that most of these physically and psychologically harmful customs are deeply rooted in the tradition and
culture of society. That the Philippine society view women to be inferior and subservient to men,
women are silenced when their rights are violated. Ailyn accepted and tolerated the abuses and
maltreatment coming from Leo, his mom and his mistress because she was of the idea that such actions
were but customs and tradition of our country.
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Preliminary Steps Taken to Address the Violation

Ailyn knew deep in her heart that her children needed her; she was, after all, their mother.
Ailyn’s first action was talking to her mother, asking her for help. Yet, with no knowledge of her rights,
her mother refused in helping her take back the children’s custody.

Ailyn also tried to go to Leo’s house to talk with him and seek custody of the children. But it was
to no avail. Leo’s mother hates her so much and would not allow her to come any more closer to her
children.

V. CONTRIBUTING FACTORS

Circumstances

The factors that contributed to the commission of violation of the rights of Ailyn are: lack of
education, ignorance of the law, and lack of family support.

a) Education

Ailyn was not able to finish high school because of her love affair with Leo. In addition to
this, her mother can no longer afford to send her to school. That is why, Ailyn’s mother
tolerated Ailyn and Leo’s cohabitation.

Because of Ailyn’s lack of education, she was not aware of her rights, however inherent they
are. She was unable to protect such rights because she didn’t know that the same exist.
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b) Ignorance of the Law

Not knowing her rights, Ailyn didn’t also know that there were laws created and
implemented to protect such rights. More so, she did not know that there are laws against
violation of her rights.

c) Family Support

Ailyn was born from a broken family. His father had another family with another woman.
Her mother kept a small sari-sari store in the highlands of Bukidnon where they lived. Her
mother could not afford to send her to school and thought that finishing school was not
necessary because for her, Ailyn is a woman –she will just get married and be fed by her
husband.

When Ailyn sought help from her mother, she was refused. Her mother told her that she
should just forget about her children because she could not afford to feed them or bring them
up anyway.

Violators

The main violator is Leo Navarro because he took the children away from Ailyn without her
consent and moved with another married woman. He deprived Ailyn of her right as a mother – to take
care of their minor children. Because of this, Ailyn was not able to live the life of a happy family. She is in
constant agony for being away from her children and being helpless about it.

According to the Philippine Police – PRO 10, as mentioned in the publication of NEDA-X, “about
21.8% of the perpetrators of violence against women are the live-in partners of the victim, ranking
second in the years 2009 to 2010.”

Another violator is Leo’s mother. The situation was aggravated by Leo’s mother because she
consented, tolerated and supported Leo’s indiscretion against Ailyn. In addition, she physically assaulted
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Ailyn when the latter tried to visit her children. Furthermore, Ailyn was belittled, humiliated and accused
of going after and stealing Leo’s love. This caused emotional batter and depression which is a form of
violation against women. The group cannot overemphasize the importance of UDHR’s declaration that
“everyone has the right to life, liberty and security and no person shall be subject to torture, cruelty, and
inhuman or degrading treatment.”

Lastly, Ailyn’s mother violated the former’s right for love and support from parents. Ailyn’s
mother did not agree to support Ailyn by refusing to take care of her grandchildren while Ailyn goes to
work. This led to Ailyn’s remorse feelings of hopelessness.

VI. REMEDIES AVAILABLE

International Laws

On December 18, 1979, the Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW) (see Appendix A) was adopted by the United Nations General Assembly. It entered
into force as an international treaty on September 3, 1981 after the twentieth country had ratified it. By
the tenth anniversary of the Convention in 1989, almost one hundred nations have agreed to be bound
by its provisions, including the Philippines.

Among its significant provisions, Article 1 defines the term “discrimination against women” as
follows:

Article 1

For the purposes of the present Convention, the term "discrimination against
women" shall mean any distinction, exclusion or restriction made on the basis of sex
which has the effect or purpose of impairing or nullifying the recognition, enjoyment
or exercise by women, irrespective of their marital status, on a basis of equality of
 20

men and women, of human rights and fundamental freedoms in the political,
economic, social, cultural, civil or any other field.

Article 2 condemns “discrimination against women in all forms,” stating:

Article 2

States Parties condemn discrimination against women in all its forms, agree to
pursue by all appropriate means and without delay a policy of eliminating
discrimination against women and, to this end, undertake:
(a) To embody the principle of the equality of men and women in their national
constitutions or other appropriate legislation if not yet incorporated therein and to
ensure, through law and other appropriate means, the practical realization of this
principle;

(b) To adopt appropriate legislative and other measures, including sanctions where
appropriate, prohibiting all discrimination against women;

(c) To establish legal protection of the rights of women on an equal basis with men
and to ensure through competent national tribunals and other public institutions
the effective protection of women against any act of discrimination;

(d) To refrain from engaging in any act or practice of discrimination against women
and to ensure that public authorities and institutions shall act in conformity with
this obligation;

(e) To take all appropriate measures to eliminate discrimination against women by

any person, organization or enterprise;

(f) To take all appropriate measures, including legislation, to modify or abolish

existing laws, regulations, customs and practices which constitute discrimination
against women;

(g) To repeal all national penal provisions which constitute discrimination against
women.
 21

Additionally, CEDAW made it particularly clear the role of women in the family, as mother or as wife.

Article 16

1. States Parties shall take all appropriate measures to eliminate discrimination

against women in all matters relating to marriage and family relations and in
particular shall ensure, on a basis of equality of men and women:

(a) The same right to enter into marriage;

(b) The same right freely to choose a spouse and to enter into marriage only with
their free and full consent;

(c) The same rights and responsibilities during marriage and at its dissolution;

(d) The same rights and responsibilities as parents, irrespective of their marital
status, in matters relating to their children; in all cases the interests of the children
shall be paramount;

(e) The same rights to decide freely and responsibly on the number and spacing of
their children and to have access to the information, education and means to enable
them to exercise these rights;

(f) The same rights and responsibilities with regard to guardianship, wardship,
trusteeship and adoption of children, or similar institutions where these concepts
exist in national legislation; in all cases the interests of the children shall be
paramount;

(g) The same personal rights as husband and wife, including the right to choose a
family name, a profession and an occupation;

(h) The same rights for both spouses in respect of the ownership, acquisition,
management, administration, enjoyment and disposition of property, whether free
of charge or for a valuable consideration.
 22

Article 24 of CEDAW finally makes sure that the provisions should be realized by the
state parties; thus, it provides that

“States Parties undertake to adopt all necessary measures at the national level
aimed at achieving the full realization of the rights recognized in the present
Convention.”

Philippine Laws and Statutes

Although human rights are inherent to all people, there are still those instances in which they
are violated and infringed. To firmly protect these rights, different laws are promulgated internationally
and nationally.

The Philippine Constitution vests people with rights that are deemed inviolable and it expressly
protect the welfare of the people thus providing prevention of, not remedies for violations of human
rights.
Article 2, Sec. 11 of the 1987 Philippine Constitution provides that

“The State values the dignity of every human person and guarantees full respect for
human rights.”

Another provision of the Constitution from the same Article is Section 14 which states that

“The State recognizes the role of women in nation-building, and shall ensure the
fundamental equality before the law of women and men.”

Other pertinent provision which is deemed applicable and enforceable in Ailyn’s case is found in
the Family Code of the Philippines, Art. 213 which expressly provides that
 23

“In case of separation of the parents, parental authority shall be exercised by the
parent designated by the Court. The Court shall take into account all relevant considerations,
especially the choice of the child over seven years of age, unless the parent chosen is unfit.”

In Ailyn’s case, there were no prior marriage nor separation and court hearings; hence, her
children should be given to her as their mother. This fact is pursuant to Article 176 of the Family Code
provides that

“Illegitimate children shall use the surname and shall be under the parental
authority of their mother, and shall be entitled to support in conformity with this Code x x x”

In addition to these laws, an act was promulgated to make sure that women’s rights as well as
their children’s rights are protected. Republic Act No. 9262 otherwise known as the Anti-Violence
Against Women and Their Children Act of 2004" (see Appendix B) states in its declaration of policy:

Article 2. Declaration of State Policy. - It is hereby declared that the State values the
dignity of women and children and guarantees full respect for human rights. The State also
recognizes the need to protect the family and its members particularly women and children,
from violence and threats to their personal safety and security.

Towards this end, the State shall exert efforts to address violence committed against
women and children in keeping with the fundamental freedoms guaranteed under 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 international human rights instruments of which the
Philippines is a party.

Along with the declaration of policy, it is imperative to know and understand the definition of
“violence against women and their children” given by said republic act.

(a) "Violence against women and their children" refers to any act or a 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
 24

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. It includes, but is not limited to,
the following acts:

A. "Physical Violence" refers to acts that include bodily or physical harm;

xxx

C. "Psychological violence" refers to 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 and mental infidelity. It includes causing or
allowing the victim to witness the physical, sexual or psychological abuse of a
member of the family to which the victim belongs, or to witness pornography in
any form or to witness abusive injury to pets or to unlawful or unwanted
deprivation of the right to custody and/or visitation of common children.

In Ailyn’s case, it can be seen that she (Ailyn) is a victim of the acts described as violence against
women and her children. Section 5 of the same states

SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against
women and their children is committed through any of the following acts:

xxx

(e) Attempting to compel or compelling the woman or her child to engage in

conduct which the woman or her child has the right to desist from or desist
from conduct which the woman or her child has the right to engage in, or
attempting to restrict or restricting the woman's or her child's freedom of
movement or conduct by force or threat of force, physical or other harm or
threat of physical or other harm, or intimidation directed against the woman or
child. This shall include, but not limited to, the following acts committed with
the purpose or effect of controlling or restricting the woman's or her child's
movement or conduct:
 25

(1) Threatening to deprive or actually depriving the woman or her child of custody
to her/his family;

(2) 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;

(3) Depriving or threatening to deprive the woman or her child of a legal right;

(4) Preventing the woman in engaging in any legitimate profession, occupation,

business or activity or controlling the victim's own mon4ey or properties, or
solely controlling the conjugal or common money, or properties;

xxx

According to NEDA, the government, to improve reporting of crimes, rapes, incidence of

battered women, and similar cases, has anchored several measures. Interventions such as installation of
Women’s Desks, conduct of reproductive health advocacy, health and gender programs involving LGUs,
NGAs, and the private sector, and other related concerns are some attempts implemented to address
the problem of women.

There have also been more concrete responses to the problem of violence against women, such
as the establishment of more women’s crisis support centers, several of these being local GO-NGO
network initiatives. Community-based support for women survivors of Violence Against Women have
been started and there is a growing recognition of the need for feminist counseling to help the women.

A presidential directive dated March 8, 1993 mandated the setting up of policewomen’s desks in
priority areas, and the conduct of training toward a more gender-sensitive response by law enforcers or
cases of violence against women.
 26

VII. COMMENTS ON THE REMEDIES

Pursuant to UDHR, other International Covenants of Human Rights and the Vienna Convention,
it is a must that the State adopts a program of action, affirming the importance of remedies and
reparation for victims of gross violations of international human rights law and serious violations of
international humanitarian law in a systematic and thorough way at the national and international level.
In honoring the victims’ right to benefit from remedies and reparation, the international community
must keep faith with the plight of victims, survivors and future human generations and must reaffirm
international law in the field as stated in the “Basic Principles and Guidelines on the Right to a Remedy
and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations
of International Humanitarian Law.”

In the Philippines as well as in other parts of Asia, law enforcement is purely an executive
function. Bills of rights incorporated into most constitutions would be of little effect if there is no
adequate machinery for enforcement of such rights, and if such remedies are not finally supervised by
the judiciary, which should have the final power to take corrective action. The development of a concept
of social action litigation, which is also known as public interest litigation, is one of the richer
jurisprudential developments relating to human rights enforcement in Asia, taking into consideration
the social conditions prevailing in vast parts of Asia. We urge that such approaches be adopted in all
countries.

The remedies provided do not necessarily suffice because of the fact that these remedies are
not well executed by those agencies of entities which are tasked to enforce them. They are actually
good laws, ideal for the betterment of humanity. Promulgation of a law for the benefit of the whole
citizenry is one thing and efficient and effective enforcement of the same is another.

Hence, the group deemed it proper to compel the government as well as the local authorities to
enforce the laws passed by the national legislation and by the international community because it is
their responsibility stipulated in the Declaration on the Elimination of Violence against women.
 27

Art. 4. "States should exercise due diligence to prevent, investigate and, in

accordance with national legislation, punish acts of violence against women, whether those
acts are perpetrated by the State or by private persons".

Furthermore, local authorities and non-government organizations as well as private institutions

like church groups, schools and universities should work hand in hand in the campaign against violence
against women and their children. They must spearhead programs, workshops and seminars in
promoting awareness of the existing laws which protects women and their rights.

The citizens of the Philippines are also urged to change their attitude and mentality towards
women. It is important to raise awareness on the issue of violence against women, educating boys and
men to view women as valuable partners in life, in the development of a society and in the attainment
of peace are just as important as taking legal steps to protect women's human rights.

VIII. PLAN OF ACTION AND POSITIVE CHANGE

When the preliminary steps taken by Ailyn failed, she confided her dilemma with her roommate,
who is a member of the group assigned to the women’s sector. Her roommate was the one who told the
group about the facts of Ailyn’s case as well as the possible steps to be undertaken in order to achieve
positive change for Ailyn. A number of meetings and careful planning were conducted either in or out of
school premises.

After the case of Ailyn was identified – the issues and the violated human rights – the group
came into an agreement that the best thing to do first is to ask for supervision from an authority that
would help devising a systematic approach on the problem.

First, the group visited the Department of Social Work and Development (DSWD) regional office
in Lumbia. The DSWD social worker told the group of some available remedies that could possibly be
done to address the problem of Ailyn. By the end of the conversation with the said social worker, she
personally recommended that the group would go to City Social Welfare and Development’s Officer-in-
 28

Charge, Miss Nena Salon, at the City Hall because they were assigned to assist specific cases within city
limits. When the assigned group members went to the City Hall, they brought with them Ailyn so they
can let her tell the story personally to Miss Anecia Tongson, the social worker assigned to see her case.

At that meeting, Miss Tongson identified some possible actions that might help Ailyn in securing
her visitation rights. Questions were asked whether Ailyn reported to the police the taking of her
children by their biological father. When Ailyn answered in the negative, Miss Tongson told her that she
should have asked a police officer to make a blotter report on the incident -- when her children were
taken away from her by her former live-in partner because such police blotter would be a strong
argument that her children were indeed forcibly taken away from her. Anyway, Miss Tongson firmly
believes that Ailyn has a strong defense because she is the mother of the minors, who, as stated in the
laws, has the legal right over the latter. A schedule was then set for the acquisition of Ailyn’s visitation
rights over her children on December 18, 2011. However, with the unfortunate event of Typhoon
Sendong, where all the City’s social workers attend to immediately, Miss Tongson referred the group to
their district office in Lumbia where the group would meet with Miss Julie Bajuyo.
The group, together with Ailyn, met with Miss Julie Bajuyo at CSWD District office in Lumbia on
January 10, 2012. After interviewing Ailyn, Miss Bajuyo, together with Elizabeth Ubod, another social
worker accompanied Ailyn and the group to Carmen, to “rescue” (the term used by the social workers in
confronting the adverse party and the victim’s assertion of her rights) Ailyn’s children. They were
escorted by two police officers from Carmen Police Station, PO1 Norbert Ian Zafra and PO1 Merlita
Reyes, because it was CSWD’s Standard Operatin Procedure in every “rescue” operations. Base on past
operations done by CSWD, commotions take place while compromise agreements are being negotiated,
that is why it was very important to be escorted by the police officers.

CSWD asked the group to observe confidentiality during the “rescue”. Hence, no video or
photographic documentations were conducted during the negotiation.

Finally, both parties, Leo and Ailyn, signed the written compromise agreement which states that
Ailyn could visit her children occasionally and when she becomes financially stable, she will acquire
custody over them.
 29

Illustration 4. Copy of the Compromise Agreement Signed by Leo and Ailyn

The compromise agreement between Leo and Ailyn states that the latter may now visit her children any day she wants and any
time; and that when she finally has a stable job, she may take custody over her children.

IX. CONCLUSION AND INSIGHTS

“Violence against Women is perhaps the most shameful human rights violation. It
knows no boundaries of geography, culture or wealth. As long as it continues, we cannot claim
to be making real progress towards equality, development and peace.”
- Kofi Annan, United Nations General Assembly
New York, June 5-9, 2000

In the Philippines, while the documentation of all forms of violence against women has yet to be
achieved, existing data indicate that VAW is still a pervasive social problem. Many a times, VAW often go
unreported because of the sensitivity of the issues and its impact on women and their families.
 30

It must be remembered that VAW occurs when human rights of women are violated. When
women are trapped in violent marriages or homes, repeatedly battered, verbally abused and completely
under the control of their husbands or partners, that is violence against women. The physical, mental
and emotional abuse that the woman suffers from as a result of violence has a tremendous impact on
her health and well-being.

According to Grace N. Mallorca-Bernabe, in “A deeper look at violence against women (VAW):

The Philippine Case,”

“VAW… is an obstacle to the achievement of equality, security, liberty, integrity and

dignity of all human beings. It constrains human development, economic growth and
productive capacity…”

On Actions Taken...

“Kung manulong gani, magdala jud og pulis kay basin mangatigbasan ta” --- (mai
amora) “If we go to rescue, we have to bring with us the police because we might get hurt
ourselves.” The SOP of the social workers upon proceeding to rescue operations is to have
police escort. It is not a means of creating an impression of authority, it is a necessity; so
when difficult circumstances arise, the situation will be easily contained.

On Knowing One’s Legal Capacity...

“A woman equipped with knowledge of her rights has the courage to fight for it but
a woman who lacks the knowledge of her right is afraid to fight for it.” --- (ezra eguia)

“There is no place for apathy. If you don't know what to do, someone else does, so
you just have to stand up one day and muster that initiative to ask because not everyone is
lucky to be a recipient of information by just waiting. In this day and age, you just have to
realize that your inaction is your own doom.” --- (ivy rafols)

"Women should know how to fight." --- (maricel manlantao)

 31

“Asking never kills unless you know how and who to ask. You are liable for your
own ignorance, to stop it, ask. Since Ailyn admits that she doesn’t know that there are legal
remedies for her problem, her act of asking help from her law student friend is a right step
towards gaining knowledge.” --- (shaneen alfar)

On Human Rights…

“Human rights in the eyes of Ailyn reminds me of a human rights’ poem written by
Sandoval ‘Pagkat Tayo’y Nagmamahal’ (“Because We Are Loving”) which states that
“Napopoo’t tayo pagkat nagmamahal” (“We are angered because we love”) --- (rosnifa
dimakuta)

On Available Remedies…

“Prevention is better than cure. I just hope that state authorities would do
something to protect our rights even before they are violated. I hope everyone, not only the
government officials, would help each other raise awareness about human rights violations
as well as those pertinent laws that will protect us from becoming victims of such
violations.” --- (pauline araneta)

On Entire Practicum…
“When you encourage others, when you bring out the best in them and help them
succeed, that success will come back to you and cause you to rise higher as well.”
--- (jonalyn villacura)

X. REFERENCES

Convention on the Elimination of All Forms of Discrimination against Women New York, 18 December
1979. Office of the United Nations High Commissioner for Human Rights

Fox , Vivian C. “Historical Perspectives on Violence Against Women”. Journal of International

Women’s Studies Vol. 4 #1 November 2002. PDF File
 32

Gilson, Stephen French. “Violence Against Women with Disabilities” (2008). School of Social Work and
Center for Community Inclusion and Disability Studies. University of Maine. Retrieved on
January 23, 2012 from website: http://ccids.umaine.edu/alt/dvp/index.htm

Hunt, Dee Dicen and Cora Sta. Ana-Gatbonton. “Filipino Women and Sexual Violence: Speaking Out
and Providing Services”. Paper presented to the Immigrant Women's Support Service Forum
"Sexual Violence in a Gender, Cultural and Human Rights Framework" on November 24,
2000. Centre for Philippine Concerns-Australia, Brisbane Branch. Retrieved on January 23,
2012 from website: http://cpcabrisbane.org/CPCA/IWSSForum.htm

Human Rights Watch. “Double Standards: Women’t Property Rights Violations in Kenya”. Vol. 15,
No. 5 (A) – March 2003. PDF File

Mallorca-Bernabe, Grace N. “A deeper look at violence against women (VAW): The Philippine Case”.
PDF File

Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations
of International Human Rights Law and Serious Violations of International Humanitarian Law.
Office of the United Nations High Commissioner for Human Rights

Republic Act No. 9262 or the "Anti-Violence Against Women and Their Children Act of 2004"

Violence Against Women and Children, National Economic and Development Authority Report on
Women and Men in Northern Mindanao, Region 10, 2010. PDF File

Virola, Romulo A. “Statistics on Violence Against Women and Children: A Morally Rejuvenating
Philippine Society?” Retrieved on January 23, 2012 from website: http://www.nscb.gov.ph

THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

 33

XI. ACKNOWLEDGMENTS

The group would like to thank the God for His never failing guidance, enlightenment and
protection all throughout the conduct of this practicum.

We would also like to thank our parents, families and friends for the moral, spiritual, and
financial support.

We are grateful to Atty. Normita “Normie” V. Batula for sharing with us her wisdom and
experiences regarding human rights violations and the corresponding remedies.

Special thanks is also given to Miss Nena Salon, Miss Anecia Tongson, Miss Julie Bajuyo and Miss
Miss Elizabeth Ubod, the social workers who we’ve come to seek help and extended to us all the help
they could give.

To the Carmen police officers, PO1 Norbert Ian Zafra and PO1 Merlita Reyes, who came with us
during the “rescue” operation and stood as our protection from the menacing looks of the adverse
party’s family members, thank you so much.

To Irish Jane Regodos, our videographer, who helped us in the preparation of our video for our
presentation.

And most especially, to Ailyn Saloay, for entrusting with us her life’s story. We understand that it
was very hard to trust someone whom you barely know, and yet, she still place her confidence in us,
thank you and may our friendship with you continue to flourish and grow stronger.
 34

XII. APPENDICES

Appendix A

CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW)

The States Parties to the present Convention,

Noting that the Charter of the United Nations reaffirms faith in fundamental human rights, in the dignity and
worth of the human person and in the equal rights of men and women,

Noting that the Universal Declaration of Human Rights affirms the principle of the inadmissibility of
discrimination and proclaims that all human beings are born free and equal in dignity and rights and that
everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, including
distinction based on sex,

Noting that the States Parties to the International Covenants on Human Rights have the obligation to ensure the
equal rights of men and women to enjoy all economic, social, cultural, civil and political rights,

Considering the international conventions concluded under the auspices of the United Nations and the
specialized agencies promoting equality of rights of men and women,

Noting also the resolutions, declarations and recommendations adopted by the United Nations and the
specialized agencies promoting equality of rights of men and women,

Concerned, however, that despite these various instruments extensive discrimination against women continues
to exist,

Recalling that discrimination against women violates the principles of equality of rights and respect for human
dignity, is an obstacle to the participation of women, on equal terms with men, in the political, social, economic
and cultural life of their countries, hampers the growth of the prosperity of society and the family and makes
more difficult the full development of the potentialities of women in the service of their countries and of
humanity,

Concerned that in situations of poverty women have the least access to food, health, education, training and
opportunities for employment and other needs,

Convinced that the establishment of the new international economic order based on equity and justice will
contribute significantly towards the promotion of equality between men and women,

Emphasizing that the eradication of apartheid, all forms of racism, racial discrimination, colonialism, neo-
colonialism, aggression, foreign occupation and domination and interference in the internal affairs of States is
essential to the full enjoyment of the rights of men and women,

Affirming that the strengthening of international peace and security, the relaxation of international tension,
mutual co-operation among all States irrespective of their social and economic systems, general and complete
disarmament, in particular nuclear disarmament under strict and effective international control, the affirmation
of the principles of justice, equality and mutual benefit in relations among countries and the realization of the
right of peoples under alien and colonial domination and foreign occupation to self-determination and
independence, as well as respect for national sovereignty and territorial integrity, will promote social progress
and development and as a consequence will contribute to the attainment of full equality between men and
women,

Convinced that the full and complete development of a country, the welfare of the world and the cause of peace
require the maximum participation of women on equal terms with men in all fields,
 35

Bearing in mind the great contribution of women to the welfare of the family and to the development of society,
so far not fully recognized, the social significance of maternity and the role of both parents in the family and in
the upbringing of children, and aware that the role of women in procreation should not be a basis for
discrimination but that the upbringing of children requires a sharing of responsibility between men and women
and society as a whole,

Aware that a change in the traditional role of men as well as the role of women in society and in the family is
needed to achieve full equality between men and women,

Determined to implement the principles set forth in the Declaration on the Elimination of Discrimination against
Women and, for that purpose, to adopt the measures required for the elimination of such discrimination in all its
forms and manifestations,

Have agreed on the following:

PART I

Article I

For the purposes of the present Convention, the term "discrimination against women" shall mean any
distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or
nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of
equality of men and women, of human rights and fundamental freedoms in the political, economic, social,
cultural, civil or any other field.

Article 2

States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means
and without delay a policy of eliminating discrimination against women and, to this end, undertake:

(a) To embody the principle of the equality of men and women in their national constitutions or other
appropriate legislation if not yet incorporated therein and to ensure, through law and other appropriate
means, the practical realization of this principle;

(b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all
discrimination against women;

(c) To establish legal protection of the rights of women on an equal basis with men and to ensure through
competent national tribunals and other public institutions the effective protection of women against any act
of discrimination;

(d) To refrain from engaging in any act or practice of discrimination against women and to ensure that public
authorities and institutions shall act in conformity with this obligation;

(e) To take all appropriate measures to eliminate discrimination against women by any person, organization
or enterprise;

(f) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations,
customs and practices which constitute discrimination against women;

(g) repeal all national penal provisions which constitute discrimination against women.

Article 3

States Parties shall take in all fields, in particular in the political, social, economic and cultural fields, all
appropriate measures, including legislation, to en sure the full development and advancement of women , for the
purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis
of equality with men.

Article 4
 36

1. Adoption by States Parties of temporary special measures aimed at accelerating de facto equality between
men and women shall not be considered discrimination as defined in the present Convention, but shall in no
way entail as a consequence the maintenance of unequal or separate standards; these measures shall be
discontinued when the objectives of equality of opportunity and treatment have been achieved.

2. Adoption by States Parties of special measures, including those measures contained in the present
Convention, aimed at protecting maternity shall not be considered discriminatory.

Article 5

States Parties shall take all appropriate measures:

(a) To modify the social and cultural patterns of conduct of men and women, with a view to achieving the
elimination of prejudices and customary and all other practices which are based on the idea of the
inferiority or the superiority of either of the sexes or on stereotyped roles for men and women;

(b) To ensure that family education includes a proper understanding of maternity as a social function and the
recognition of the common responsibility of men and women in the upbringing and development of their
children, it being understood that the interest of the children is the primordial consideration in all cases.

Article 6

States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women
and exploitation of prostitution of women.

PART II

Article 7

States Parties shall take all appropriate measures to eliminate discrimination against women in the political and
public life of the country and, in particular, shall ensure to women, on equal terms with men, the right:

(a) To vote in all elections and public referenda and to be eligible for election to all publicly elected bodies;

(b) To participate in the formulation of government policy and the implementation thereof and to hold public
office and perform all public functions at all levels of government;

(c) To participate in non-governmental organizations and associations concerned with the public and political
life of the country.

Article 8

States Parties shall take all appropriate measures to ensure to women, on equal terms with men and without any
discrimination, the opportunity to represent their Governments at the international level and to participate in
the work of international organizations.

Article 9

1. States Parties shall grant women equal rights with men to acquire, change or retain their nationality. They
shall ensure in particular that neither marriage to an alien nor change of nationality by the husband during
marriage shall automatically change the nationality of the wife, render her stateless or force upon her the
nationality of the husband.

2. States Parties shall grant women equal rights with men with respect to the nationality of their children.

PART III

Article 10
 37

States Parties shall take all appropriate measures to eliminate discrimination against women in order to ensure
to them equal rights with men in the field of education and in particular to ensure, on a basis of equality of men
and women:

(a) The same conditions for career and vocational guidance, for access to studies and for the achievement of
diplomas in educational establishments of all categories in rural as well as in urban areas; this equality shall
be ensured in pre-school, general, technical, professional and higher technical education, as well as in all
types of vocational training;

(b) Access to the same curricula, the same examinations, teaching staff with qualifications of the same standard
and school premises and equipment of the same quality;

(c) The elimination of any stereotyped concept of the roles of men and women at all levels and in all forms of
education by encouraging coeducation and other types of education which will help to achieve this aim and,
in particular, by the revision of textbooks and school programmes and the adaptation of teaching methods;

(d) The same opportunities to benefit from scholarships and other study grants;

(e) The same opportunities for access to programmes of continuing education, including adult and functional
literacy programmes, particulary those aimed at reducing, at the earliest possible time, any gap in education
existing between men and women;

(f) The reduction of female student drop-out rates and the organization of programmes for girls and women
who have left school prematurely;

(g) The same Opportunities to participate actively in sports and physical education

(h) Access to specific educational information to help to ensure the health and well-being of families, including
information and advice on family planning.

Article 11

1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of
employment in order to ensure, on a basis of equality of men and women, the same rights, in particular:

(a) The right to work as an inalienable right of all human beings;

(b) The right to the same employment opportunities, including the application of the same criteria for
selection in matters of employment;

(c) The right to free choice of profession and employment, the right to promotion, job security and all
benefits and conditions of service and the right to receive vocational training and retraining, including
apprenticeships, advanced vocational training and recurrent training;

(d) The right to equal remuneration, including benefits, and to equal treatment in respect of work of equal
value, as well as equality of treatment in the evaluation of the quality of work;

(e) The right to social security, particularly in cases of retirement, unemployment, sickness, invalidity and
old age and other incapacity to work, as well as the right to paid leave;

(f) The right to protection of health and to safety in working conditions, including the safeguarding of the
function of reproduction.

2. In order to prevent discrimination against women on the grounds of marriage or maternity and to ensure
their effective right to work, States Parties shall take appropriate measures:

(a) To prohibit, subject to the imposition of sanctions, dismissal on the grounds of pregnancy or of
maternity leave and discrimination in dismissals on the basis of marital status;
 38

(b) To introduce maternity leave with pay or with comparable social benefits without loss of former
employment, seniority or social allowances;

(c) To encourage the provision of the necessary supporting social services to enable parents to combine
family obligations with work responsibilities and participation in public life, in particular through
promoting the establishment and development of a network of child-care facilities;

(d) To provide special protection to women during pregnancy in types of work proved to be harmful to
them.

3. Protective legislation relating to matters covered in this article shall be reviewed periodically in the light of
scientific and technological knowledge and shall be revised, repealed or extended as necessary.

Article 12

1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of
health care in order to ensure, on a basis of equality of men and women, access to health care services,
including those related to family planning.

2. Notwithstanding the provisions of paragraph I of this article, States Parties shall ensure to women
appropriate services in connection with pregnancy, confinement and the post-natal period, granting free
services where necessary, as well as adequate nutrition during pregnancy and lactation.

Article 13

States Parties shall take all appropriate measures to eliminate discrimination against women in other areas of
economic and social life in order to ensure, on a basis of equality of men and women, the same rights, in
particular:

(a) The right to family benefits;

(b) The right to bank loans, mortgages and other forms of financial credit;

(c) The right to participate in recreational activities, sports and all aspects of cultural life.

Article 14

1. States Parties shall take into account the particular problems faced by rural women and the significant roles
which rural women play in the economic survival of their families, including their work in the non-
monetized sectors of the economy, and shall take all appropriate measures to ensure the application of the
provisions of the present Convention to women in rural areas.

2. States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas
in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural
development and, in particular, shall ensure to such women the right:

(a) To participate in the elaboration and implementation of development planning at all levels;

(b) To have access to adequate health care facilities, including information, counselling and services in
family planning;

(c) To benefit directly from social security programmes;

(d) To obtain all types of training and education, formal and non-formal, including that relating to
functional literacy, as well as, inter alia, the benefit of all community and extension services, in order to
increase their technical proficiency;

(e) To organize self-help groups and co-operatives in order to obtain equal access to economic
opportunities through employment or self employment;

(f) To participate in all community activities;

 39

(g) To have access to agricultural credit and loans, marketing facilities, appropriate technology and equal
treatment in land and agrarian reform as well as in land resettlement schemes;

(h) To enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water
supply, transport and communications.

PART IV

Article 15

1. States Parties shall accord to women equality with men before the law.

2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same
opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude
contracts and to administer property and shall treat them equally in all stages of procedure in courts and
tribunals.

3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which
is directed at restricting the legal capacity of women shall be deemed null and void.

4. States Parties shall accord to men and women the same rights with regard to the law relating to the
movement of persons and the freedom to choose their residence and domicile.

Article 16

1. States Parties shall take all appropriate measures to eliminate discrimination against women in all matters
relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and
women:

(a) The same right to enter into marriage;

(b) (b) The same right freely to choose a spouse and to enter into marriage only with their free and full
consent;

(c) The same rights and responsibilities during marriage and at its dissolution;

(d) The same rights and responsibilities as parents, irrespective of their marital status, in matters relating
to their children; in all cases the interests of the children shall be paramount;

(e) The same rights to decide freely and responsibly on the number and spacing of their children and to
have access to the information, education and means to enable them to exercise these rights;

(f) The same rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption
of children, or similar institutions where these concepts exist in national legislation; in all cases the
interests of the children shall be paramount;

(g) The same personal rights as husband and wife, including the right to choose a family name, a
profession and an occupation;

(h) The same rights for both spouses in respect of the ownership, acquisition, management,
administration, enjoyment and disposition of property, whether free of charge or for a valuable
consideration.

2. The betrothal and the marriage of a child shall have no legal effect, and all necessary action, including
legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages
in an official registry compulsory.

PART V

Article 17
 40

1. For the purpose of considering the progress made in the implementation of the present Convention, there
shall be established a Committee on the Elimination of Discrimination against Women (hereinafter referred
to as the Committee) consisting, at the time of entry into force of the Convention, of eighteen and, after
ratification of or accession to the Convention by the thirty-fifth State Party, of twenty-three experts of high
moral standing and competence in the field covered by the Convention. The experts shall be elected by
States Parties from among their nationals and shall serve in their personal capacity, consideration being
given to equitable geographical distribution and to the representation of the different forms of civilization
as well as the principal legal systems.

2. The members of the Committee shall be elected by secret ballot from a list of persons nominated by States
Parties. Each State Party may nominate one person from among its own nationals.

3. The initial election shall be held six months after the date of the entry into force of the present Convention.
At least three months before the date of each election the Secretary-General of the United Nations shall
address a letter to the States Parties inviting them to submit their nominations within two months. The
Secretary-General shall prepare a list in alphabetical order of all persons thus nominated, indicating the
States Parties which have nominated them, and shall submit it to the States Parties.

4. Elections of the members of the Committee shall be held at a meeting of States Parties convened by the
Secretary-General at United Nations Headquarters. At that meeting, for which two thirds of the States
Parties shall constitute a quorum, the persons elected to the Committee shall be those nominees who obtain
the largest number of votes and an absolute majority of the votes of the representatives of States Parties
present and voting.

5. The members of the Committee shall be elected for a term of four years. However, the terms of nine of the
members elected at the first election shall expire at the end of two years; immediately after the first election
the names of these nine members shall be chosen by lot by the Chairman of the Committee.

6. The election of the five additional members of the Committee shall be held in accordance with the
provisions of paragraphs 2, 3 and 4 of this article, following the thirty-fifth ratification or accession. The
terms of two of the additional members elected on this occasion shall expire at the end of two years, the
names of these two members having been chosen by lot by the Chairman of the Committee.

7. For the filling of casual vacancies, the State Party whose expert has ceased to function as a member of the
Committee shall appoint another expert from among its nationals, subject to the approval of the Committee.

8. The members of the Committee shall, with the approval of the General Assembly, receive emoluments from
United Nations resources on such terms and conditions as the Assembly may decide, having regard to the
importance of the Committee's responsibilities.

9. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective
performance of the functions of the Committee under the present Convention.

Article 18

1. States Parties undertake to submit to the Secretary-General of the United Nations, for consideration by the
Committee, a report on the legislative, judicial, administrative or other measures which they have adopted
to give effect to the provisions of the present Convention and on the progress made in this respect:

(a) Within one year after the entry into force for the State concerned;

(b) Thereafter at least every four years and further whenever the Committee so requests.

2. Reports may indicate factors and difficulties affecting the degree of fulfillment of obligations under the
present Convention.

Article 19

1. The Committee shall adopt its own rules of procedure.

 41

2. The Committee shall elect its officers for a term of two years.

Article 20

1. The Committee shall normally meet for a period of not more than two weeks annually in order to consider
the reports submitted in accordance with article 18 of the present Convention.

2. The meetings of the Committee shall normally be held at United Nations Headquarters or at any other
convenient place as determined by the Committee. (ammendment, status of ratification)

Article 21

1. The Committee shall, through the Economic and Social Council, report annually to the General Assembly of
the United Nations on its activities and may make suggestions and general recommendations based on the
examination of reports and information received from the States Parties. Such suggestions and general
recommendations shall be included in the report of the Committee together with comments, if any, from
States Parties.

2. The Secretary-General of the United Nations shall transmit the reports of the Committee to the Commission
on the Status of Women for its information.

Article 22

The specialized agencies shall be entitled to be represented at the consideration of the implementation of such
provisions of the present Convention as fall within the scope of their activities. The Committee may invite the
specialized agencies to submit reports on the implementation of the Convention in areas falling within the scope
of their activities.

PART VI

Article 23

Nothing in the present Convention shall affect any provisions that are more conducive to the achievement of
equality between men and women which may be contained:

(a) In the legislation of a State Party; or

(b) In any other international convention, treaty or agreement in force for that State.

Article 24

States Parties undertake to adopt all necessary measures at the national level aimed at achieving the full
realization of the rights recognized in the present Convention.

Article 25

1. The present Convention shall be open for signature by all States.

2. The Secretary-General of the United Nations is designated as the depositary of the present Convention.

3. The present Convention is subject to ratification. Instruments of ratification shall be deposited with the
Secretary-General of the United Nations.

4. The present Convention shall be open to accession by all States. Accession shall be effected by the deposit
of an instrument of accession with the Secretary-General of the United Nations.

Article 26

1. A request for the revision of the present Convention may be made at any time by any State Party by means of a
notification in writing addressed to the Secretary-General of the United Nations.
 42

2. The General Assembly of the United Nations shall decide upon the steps, if any, to be taken in respect of such a
request.

Article 27

1. The present Convention shall enter into force on the thirtieth day after the date of deposit with the
Secretary-General of the United Nations of the twentieth instrument of ratification or accession.

2. For each State ratifying the present Convention or acceding to it after the deposit of the twentieth
instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after the
date of the deposit of its own instrument of ratification or accession.

Article 28

1. The Secretary-General of the United Nations shall receive and circulate to all States the text of reservations
made by States at the time of ratification or accession.

2. A reservation incompatible with the object and purpose of the present Convention shall not be permitted.

3. Reservations may be withdrawn at any time by notification to this effect addressed to the Secretary-
General of the United Nations, who shall then inform all States thereof. Such notification shall take effect on
the date on which it is received.

Article 29

1. Any dispute between two or more States Parties concerning the interpretation or application of the present
Convention which is not settled by negotiation shall, at the request of one of them, be submitted to
arbitration. If within six months from the date of the request for arbitration the parties are unable to agree
on the organization of the arbitration, any one of those parties may refer the dispute to the International
Court of Justice by request in conformity with the Statute of the Court.

2. Each State Party may at the time of signature or ratification of the present Convention or accession thereto
declare that it does not consider itself bound by paragraph I of this article. The other States Parties shall not
be bound by that paragraph with respect to any State Party which has made such a reservation.

3. Any State Party which has made a reservation in accordance with paragraph 2 of this article may at any
time withdraw that reservation by notification to the Secretary-General of the United Nations.

Article 30

The present Convention, the Arabic, Chinese, English, French, Russian and Spanish texts of which are equally
authentic, shall be deposited with the Secretary-General of the United Nations.

IN WITNESS WHEREOF the undersigned, duly authorized, have signed the present Convention.
 43

Appendix B

R.A. 9262 or the “Anti-Violence Against Women and their Children Act of 2004”

March 8, 2004

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES
FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women and Their Children Act of 2004".

SECTION 2. Declaration of Policy.- It is hereby declared that the State values the dignity of women and children and
guarantees full respect for human rights. The State also recognizes the need to protect the family and its members
particularly women and children, from violence and threats to their personal safety and security.

Towards this end, the State shall exert efforts to address violence committed against women and children in keeping with
the fundamental freedoms guaranteed under 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 international human rights instruments of which the Philippines is a party.

SECTION 3. Definition of Terms.- As used in this Act,

(a) "Violence against women and their children" refers to any act or a 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. It includes, but is not limited to, the following acts:

A. "Physical Violence" refers to acts that include bodily or physical harm;

B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman or her child.
It includes, but is not limited to:

a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex
object, making demeaning and sexually suggestive remarks, physically attacking the sexual
parts of the victim's body, forcing her/him to watch obscene publications and indecent shows
or 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;

b) acts causing or attempting to cause the victim to engage in any sexual activity by force,
threat of force, physical or other harm or threat of physical or other harm or coercion;

c) Prostituting the woman or child.

C. "Psychological violence" refers to 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 and mental infidelity. It includes
causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the
 44

family to which the victim belongs, or to witness pornography in any form or to witness abusive injury
to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common
children.

D. "Economic abuse" refers to acts that make or attempt to make a woman financially dependent which
includes, but is not limited to the following:

1. withdrawal of financial support or preventing the victim from engaging in any legitimate
profession, occupation, business or activity, except in cases wherein the other spouse/partner
objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;

2. deprivation or threat of deprivation of financial resources and the right to the use and
enjoyment of the conjugal, community or property owned in common;

3. destroying household property;

4. controlling the victims' own money or properties or solely controlling the conjugal money
or properties.

(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to the physical
and psychological or emotional distress.

(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral
symptoms found in women living in battering relationships as a result of cumulative abuse.

(d) "Stalking" refers to an intentional act committed by a person who, knowingly and without lawful justification
follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a
combination thereof.

(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife without the benefit of
marriage or are romantically involved over time and on a continuing basis during the course of the relationship.
A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a
dating relationship.

(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing of a common child.

(g) "Safe place or shelter" refers to any home or institution maintained or managed by the Department of Social
Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by the DSWD for
the purposes of this Act or any other suitable place the resident of which is willing temporarily to receive the
victim.

(h) "Children" refers to those below eighteen (18) years of age or older but are incapable of taking care of
themselves as defined under Republic Act No. 7610. As used in this Act, it includes the biological children of the
victim and other children under her care.

SECTION 4. Construction.- This Act shall be liberally construed to promote the protection and safety of victims of violence
against women and their children.

SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their children
is committed through any of the following acts:

(a) Causing physical harm to the woman or her child;

(b) Threatening to cause the woman or her child physical harm;

 45

(c) Attempting to cause the woman or her child physical harm;

(d) Placing the woman or her child in fear of imminent physical harm;

(e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her
child has the right to desist from or desist from conduct which the woman or her child has the right to engage in,
or attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by force or
threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the
woman or child. This shall include, but not limited to, the following acts committed with the purpose or effect of
controlling or restricting the woman's or her child's movement or conduct:

(1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family;

(2) 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;

(3) Depriving or threatening to deprive the woman or her child of a legal right;

(4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or
controlling the victim's own mon4ey or properties, or solely controlling the conjugal or common
money, or properties;

(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or
decisions;

(g) 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;

(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes
substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited
to, the following acts:

(1) Stalking or following the woman or her child in public or private places;

(2) Peering in the window or lingering outside the residence of the woman or her child;

(3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his
will;

(4) Destroying the property and personal belongings or inflicting harm to animals or pets of the
woman or her child; and

(5) Engaging in any form of harassment or violence;

(i) 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.

SECTION 6. Penalties.- The crime of violence against women and their children, under Section 5 hereof shall be punished
according to the following rules:

(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide or murder or
homicide shall be punished in accordance with the provisions of the Revised Penal Code.
 46

If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code; those
constituting serious physical injuries shall have the penalty of prison mayor; those constituting less serious
physical injuries shall be punished by prision correccional; and those constituting slight physical injuries shall
be punished by arresto mayor.

Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower than the prescribed
penalty for the consummated crime as specified in the preceding paragraph but shall in no case be lower than
arresto mayor.

(b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;

(c) Acts falling under Section 5(e) shall be punished by prision correccional;

(d) Acts falling under Section 5(f) shall be punished by arresto mayor;

(e) Acts falling under Section 5(g) shall be punished by prision mayor;

(f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.

If the acts are committed while the woman or child is pregnant or committed in the presence of her child, the
penalty to be applied shall be the maximum period of penalty prescribed in the section.

In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One hundred
thousand pesos (P100,000.00) but not more than three hundred thousand pesos (300,000.00); (b) undergo
mandatory psychological counseling or psychiatric treatment and shall report compliance to the court.

SECTION 7. Venue.- The Regional Trial Court designated as a Family Court shall have original and exclusive jurisdiction
over cases of violence against women and their children under this law. 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.

SECTION 8. Protection Orders.- A protection order is an order issued under this act for the purpose of preventing further
acts of violence against a woman or her child specified in Section 5 of this Act and granting other necessary relief. The
relief granted under a protection order 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 provisions of the protection order shall be enforced by law enforcement agencies. The
protection orders that may be issued under this Act are the barangay protection order (BPO), temporary protection order
(TPO) and permanent protection order (PPO). The protection orders that may be issued under this Act shall include any,
some or all of the following reliefs:

(a) Prohibition of the respondent from threatening to commit or committing, personally or through another, any
of the acts mentioned in Section 5 of this Act;

(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise
communicating with the petitioner, directly or indirectly;

(c) Removal and exclusion of the respondent from the residence of the petitioner, regardless of ownership of the
residence, either temporarily for the purpose of protecting the petitioner, or permanently where no property
rights are violated, and if respondent must remove personal effects from the residence, the court shall direct a
law enforcement agent to accompany the respondent has gathered his things and escort respondent from the
residence;

(d) Directing the respondent to stay away from petitioner and designated family or household member at a
distance specified by the court, and to stay away from the residence, school, place of employment, or any
specified place frequented by the petitioner and any designated family or household member;
 47

(e) Directing lawful possession and use by petitioner of an automobile and other essential personal effects,
regardless of ownership, and directing the appropriate law enforcement officer to accompany the petitioner to
the residence of the parties to ensure that the petitioner is safely restored to the possession of the automobile
and other essential personal effects, or to supervise the petitioner's or respondent's removal of personal
belongings;

(f) Granting a temporary or permanent custody of a child/children to the petitioner;

(g) Directing the respondent to provide support to the woman and/or her child if entitled to legal support.
Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of the income or
salary of the respondent to be withheld regularly by the respondent's employer for the same to be automatically
remitted directly to the woman. Failure to remit and/or withhold or any delay in the remittance of support to
the woman and/or her child without justifiable cause shall render the respondent or his employer liable for
indirect contempt of court;

(h) Prohibition of the respondent from any use or possession of any firearm or deadly weapon and order him to
surrender the same to the court for appropriate disposition by the court, including revocation of license and
disqualification to apply for any license to use or possess a firearm. If the offender is a law enforcement agent,
the court shall order the offender to surrender his firearm and shall direct the appropriate authority to
investigate on the offender and take appropriate action on matter;

(i) Restitution for actual damages caused by the violence inflicted, including, but not limited to, property
damage, medical expenses, childcare expenses and loss of income;

(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and

(k) Provision of such other forms of relief as the court deems necessary to protect and provide for the safety of
the petitioner and any designated family or household member, provided petitioner and any designated family
or household member consents to such relief.

Any of the reliefs provided under this section shall be granted even in the absence of a decree of legal separation
or annulment or declaration of absolute nullity of marriage.

The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner from applying
for, or the court from granting a TPO or PPO.

SECTION 9. Who may file Petition for Protection Orders. – A petition for protection order may be filed by any of the
following:

(a) the offended party;

(b) parents or guardians of the offended party;

(c) ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity;

(d) officers or social workers of the DSWD or social workers of local government units (LGUs);

(e) police officers, preferably those in charge of women and children's desks;

(f) Punong Barangay or Barangay Kagawad;

(g) lawyer, counselor, therapist or healthcare provider of the petitioner;

 48

(h) At least two (2) concerned responsible citizens of the city or municipality where the violence against women
and their children occurred and who has personal knowledge of the offense committed.

SECTION 10. Where to Apply for a Protection Order. – Applications for BPOs shall follow the rules on venue under Section
409 of the Local Government Code of 1991 and its implementing rules and regulations. An application for a TPO or PPO
may be filed in the regional trial court, metropolitan trial court, municipal trial court, municipal circuit trial court with
territorial jurisdiction over the place of residence of the petitioner: Provided, however, That if a family court exists in the
place of residence of the petitioner, the application shall be filed with that court.

SECTION 11. How to Apply for a Protection Order. – The application for a protection order must be in writing, signed and
verified under oath by the applicant. It may be filed as an independent action or as incidental relief in any civil or criminal
case the subject matter or issues thereof partakes of a violence as described in this Act. A standard protection order
application form, written in English with translation to the major local languages, shall be made available to facilitate
applications for protections order, and shall contain, among other, the following information:

(a) names and addresses of petitioner and respondent;

(b) description of relationships between petitioner and respondent;

(c) a statement of the circumstances of the abuse;

(d) description of the reliefs requested by petitioner as specified in Section 8 herein;

(e) request for counsel and reasons for such;

(f) request for waiver of application fees until hearing; and

(g) an attestation that there is no pending application for a protection order in another court.

If the applicants is not the victim, the application must be accompanied by an affidavit of the applicant attesting to (a) the
circumstances of the abuse suffered by the victim and (b) the circumstances of consent given by the victim for the filling
of the application. When disclosure of the address of the victim will pose danger to her life, it shall be so stated in the
application. In such a case, the applicant shall attest that the victim is residing in the municipality or city over which court
has territorial jurisdiction, and shall provide a mailing address for purpose of service processing.

An application for protection order filed with a court shall be considered an application for both a TPO and PPO.

Barangay officials and court personnel shall assist applicants in the preparation of the application. Law enforcement
agents shall also extend assistance in the application for protection orders in cases brought to their attention.

SECTION 12. Enforceability of Protection Orders. – All TPOs and PPOs issued under this Act shall be enforceable anywhere
in the Philippines and a violation thereof shall be punishable with a fine ranging from Five Thousand Pesos (P5,000.00) to
Fifty Thousand Pesos (P50,000.00) and/or imprisonment of six (6) months.

SECTION 13. Legal Representation of Petitioners for Protection Order. – If the woman or her child requests in the
applications for a protection order for the appointment of counsel because of lack of economic means to hire a counsel de
parte, the court shall immediately direct the Public Attorney's Office (PAO) to represent the petitioner in the hearing on
the application. If the PAO determines that the applicant can afford to hire the services of a counsel de parte, it shall
facilitate the legal representation of the petitioner by a counsel de parte. The lack of access to family or conjugal resources
by the applicant, such as when the same are controlled by the perpetrator, shall qualify the petitioner to legal
representation by the PAO.

However, a private counsel offering free legal service is not barred from representing the petitioner.
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SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay Protection Orders (BPOs) refer to
the protection order issued by the Punong Barangay ordering the perpetrator to desist from committing acts under
Section 5 (a) and (b) of this Act. A Punong Barangay who receives applications for a BPO shall issue the protection order
to the applicant on the date of filing after ex parte determination of the basis of the application. If the Punong Barangay is
unavailable to act on the application for a BPO, the application shall be acted upon by any available Barangay Kagawad. If
the BPO is issued by a Barangay Kagawad the order must be accompanied by an attestation by the Barangay
Kagawad that the Punong Barangay was unavailable at the time for the issuance of the BPO. BPOs shall be effective for
fifteen (15) days. Immediately after the issuance of an ex parte BPO, the Punong Barangay or Barangay Kagawad shall
personally serve a copy of the same on the respondent, or direct any barangay official to effect is personal service.

The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong Barangay.

SECTION 15. Temporary Protection Orders. – Temporary Protection Orders (TPOs) refers to the protection order issued
by the court on the date of filing of the application after ex parte determination that such order should be issued. A court
may grant in a TPO any, some or all of the reliefs mentioned in this Act and shall be effective for thirty (30) days. The
court shall schedule a hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO. The court shall
order the immediate personal service of the TPO on the respondent by the court sheriff who may obtain the assistance of
law enforcement agents for the service. The TPO shall include notice of the date of the hearing on the merits of the
issuance of a PPO.

SECTION 16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers to protection order issued by the
court after notice and hearing.

Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of his lawyer shall not
be a ground for rescheduling or postponing the hearing on the merits of the issuance of a PPO. If the respondents appears
without counsel on the date of the hearing on the PPO, the court shall appoint a lawyer for the respondent and
immediately proceed with the hearing. In case the respondent fails to appear despite proper notice, the court shall allow
ex parte presentation of the evidence by the applicant and render judgment on the basis of the evidence presented. The
court shall allow the introduction of any history of abusive conduct of a respondent even if the same was not directed
against the applicant or the person for whom the applicant is made.

The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in one (1) day. Where
the court is unable to conduct the hearing within one (1) day and the TPO issued is due to expire, the court shall
continuously extend or renew the TPO for a period of thirty (30) days at each particular time until final judgment is
issued. The extended or renewed TPO may be modified by the court as may be necessary or applicable to address the
needs of the applicant.

The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A PPO shall be effective until
revoked by a court upon application of the person in whose favor the order was issued. The court shall ensure immediate
personal service of the PPO on respondent.

The court shall not deny the issuance of protection order on the basis of the lapse of time between the act of violence and
the filing of the application.

Regardless of the conviction or acquittal of the respondent, the Court must determine whether or not the PPO shall
become final. Even in a dismissal, a PPO shall be granted as long as there is no clear showing that the act from which the
order might arise did not exist.

SECTION 17. Notice of Sanction in Protection Orders. – The following statement must be printed in bold-faced type or in
capital letters on the protection order issued by the Punong Barangay or court:

"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."

SECTION 18. Mandatory Period For Acting on Applications For Protection Orders – Failure to act on an application for a
protection order within the reglementary period specified in the previous section without justifiable cause shall render
the official or judge administratively liable.
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SECTION 19. Legal Separation Cases. – In cases of legal separation, where violence as specified in this Act is alleged,
Article 58 of the Family Code shall not apply. The court shall proceed on the main case and other incidents of the case as
soon as possible. The hearing on any application for a protection order filed by the petitioner must be conducted within
the mandatory period specified in this Act.

SECTION 20. Priority of Application for a Protection Order. – Ex parte and adversarial hearings to determine the basis of
applications for a protection order under this Act shall have priority over all other proceedings. Barangay officials and the
courts shall schedule and conduct hearings on applications for a protection order under this Act above all other business
and, if necessary, suspend other proceedings in order to hear applications for a protection order.

SECTION 21. Violation of Protection Orders. – A complaint for a violation of a BPO issued under this Act must be filed
directly with any municipal trial court, metropolitan trial court, or municipal circuit trial court that has territorial
jurisdiction over the barangay that issued the BPO. Violation of a BPO shall be punishable by imprisonment of thirty (30)
days without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed.

A judgement of violation of a BPO ma be appealed according to the Rules of Court. During trial and upon judgment, the
trial court may motu proprio issue a protection order as it deems necessary without need of an application.

Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt of court punishable under Rule
71 of the Rules of Court, without prejudice to any other criminal or civil action that the offended party may file for any of
the acts committed.

SECTION 22. Applicability of Protection Orders to Criminal Cases. – The foregoing provisions on protection orders shall be
applicable in impliedly instituted with the criminal actions involving violence against women and their children.

SECTION 23. Bond to Keep the Peace. – The Court may order any person against whom a protection order is issued to give
a bond to keep the peace, to present two sufficient sureties who shall undertake that such person will not commit the
violence sought to be prevented.

Should the respondent fail to give the bond as required, he shall be detained for a period which shall in no case exceed six
(6) months, if he shall have been prosecuted for acts punishable under Section 5(a) to 5(f) and not exceeding thirty (30)
days, if for acts punishable under Section 5(g) to 5(I).

The protection orders referred to in this section are the TPOs and the PPOs issued only by the courts.

SECTION 24. Prescriptive Period. – Acts falling under Sections 5(a) to 5(f) shall prescribe in twenty (20) years. Acts falling
under Sections 5(g) to 5(I) shall prescribe in ten (10) years.

SECTION 25. Public Crime. – Violence against women and their children shall be considered a public offense which may
be prosecuted upon the filing of a complaint by any citizen having personal knowledge of the circumstances involving the
commission of the crime.

SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are found by the courts to be suffering from
battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of the elements
for justifying circumstances of self-defense under the Revised Penal Code.

In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the time of
the commission of the crime, the courts shall be assisted by expert psychiatrists/ psychologists.

SECTION 27. Prohibited Defense. – Being under the influence of alcohol, any illicit drug, or any other mind-altering
substance shall not be a defense under this Act.

SECTION 28. Custody of children. – The woman victim of violence shall be entitled to the custody and support of her
child/children. Children below seven (7) years old older but with mental or physical disabilities shall automatically be
given to the mother, with right to support, unless the court finds compelling reasons to order otherwise.
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A victim who is suffering from battered woman syndrome shall not be disqualified from having custody of her children. In
no case shall custody of minor children be given to the perpetrator of a woman who is suffering from Battered woman
syndrome.

SECTION 29. Duties of Prosecutors/Court Personnel. – Prosecutors and court personnel should observe the following
duties when dealing with victims under this Act:

a) communicate with the victim in a language understood by the woman or her child; and

b) inform the victim of her/his rights including legal remedies available and procedure, and privileges for
indigent litigants.

SECTION 30. Duties of Barangay Officials and Law Enforcers. – Barangay officials and law enforcers shall have the
following duties:

(a) respond immediately to a call for help or request for assistance or protection of the victim by entering the
necessary whether or not a protection order has been issued and ensure the safety of the victim/s;

(b) confiscate any deadly weapon in the possession of the perpetrator or within plain view;

(c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital;

(d) assist the victim in removing personal belongs from the house;

(e) assist the barangay officials and other government officers and employees who respond to a call for help;

(f) ensure the enforcement of the Protection Orders issued by the Punong Barangy or the courts;

(g) arrest the suspected perpetrator wiithout a warrant when any of the acts of violence defined by this Act is
occurring, or when he/she has personal knowledge that any act of abuse has just been committed, and there is
imminent danger to the life or limb of the victim as defined in this Act; and

(h) immediately report the call for assessment or assistance of the DSWD, social Welfare Department of LGUs or
accredited non-government organizations (NGOs).

Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not exceeding Ten Thousand
Pesos (P10,000.00) or whenever applicable criminal, civil or administrative liability.

SECTION 31. Healthcare Provider Response to Abuse – Any healthcare provider, including, but not limited to, an attending
physician, nurse, clinician, barangay health worker, therapist or counselor who suspects abuse or has been informed by
the victim of violence shall:

(a) properly document any of the victim's physical, emotional or psychological injuries;

(b) properly record any of victim's suspicions, observations and circumstances of the examination or visit;

(c) automatically provide the victim free of charge a medical certificate concerning the examination or visit;

(d) safeguard the records and make them available to the victim upon request at actual cost; and

(e) provide the victim immediate and adequate notice of rights and remedies provided under this Act, and
services available to them.
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SECTION 32. Duties of Other Government Agencies and LGUs – Other government agencies and LGUs shall establish
programs such as, but not limited to, education and information campaign and seminars or symposia on the nature,
causes, incidence and consequences of such violence particularly towards educating the public on its social impacts.

It shall be the duty of the concerned government agencies and LGU's to ensure the sustained education and training of
their officers and personnel on the prevention of violence against women and their children under the Act.

SECTION 33. Prohibited Acts. – A Punong Barangay, Barangay Kagawad or the court hearing an application for a
protection order shall not order, direct, force or in any way unduly influence he applicant for a protection order to
compromise or abandon any of the reliefs sought in the application for protection under this Act. Section 7 of the Family
Courts Act of 1997 and Sections 410, 411, 412 and 413 of the Local Government Code of 1991 shall not apply in
proceedings where relief is sought under this Act.

Failure to comply with this Section shall render the official or judge administratively liable.

SECTION 34. Persons Intervening Exempt from Liability. – In every case of violence against women and their children as
herein defined, any person, private individual or police authority or barangay official who, acting in accordance with law,
responds or intervenes without using violence or restraint greater than necessary to ensure the safety of the victim, shall
not be liable for any criminal, civil or administrative liability resulting therefrom.

SECTION 35. Rights of Victims. – In addition to their rights under existing laws, victims of violence against women and
their children shall have the following rights:

(a) to be treated with respect and dignity;

(b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any public legal assistance
office;

(c) To be entitled to support services form the DSWD and LGUs'

(d) To be entitled to all legal remedies and support as provided for under the Family Code; and

(e) To be informed of their rights and the services available to them including their right to apply for a
protection order.

SECTION 36. Damages. – Any victim of violence under this Act shall be entitled to actual, compensatory, moral and
exemplary damages.

SECTION 37. Hold Departure Order. – The court shall expedite the process of issuance of a hold departure order in cases
prosecuted under this Act.

SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. – If the victim is an indigent or there is an
immediate necessity due to imminent danger or threat of danger to act on an application for a protection order, the court
shall accept the application without payment of the filing fee and other fees and of transcript of stenographic notes.

SECTION 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC). In pursuance of the
abovementioned policy, there is hereby established an Inter-Agency Council on Violence Against Women and their
children, hereinafter known as the Council, which shall be composed of the following agencies:

(a) Department of Social Welfare and Development (DSWD);

(b) National Commission on the Role of Filipino Women (NCRFW);

(c) Civil Service Commission (CSC);

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(d) Commission on Human rights (CHR)

(e) Council for the Welfare of Children (CWC);

(f) Department of Justice (DOJ);

(g) Department of the Interior and Local Government (DILG);

(h) Philippine National Police (PNP);

(i) Department of Health (DOH);

(j) Department of Education (DepEd);

(k) Department of Labor and Employment (DOLE); and

(l) National Bureau of Investigation (NBI).

These agencies are tasked to formulate programs and projects to eliminate VAW based on their mandates as well as
develop capability programs for their employees to become more sensitive to the needs of their clients. The Council will
also serve as the monitoring body as regards to VAW initiatives.

The Council members may designate their duly authorized representative who shall have a rank not lower than an
assistant secretary or its equivalent. These representatives shall attend Council meetings in their behalf, and shall receive
emoluments as may be determined by the Council in accordance with existing budget and accounting rules and
regulations.

SECTION 40. Mandatory Programs and Services for Victims. – The DSWD, and LGU's shall provide the victims temporary
shelters, provide counseling, psycho-social services and /or, recovery, rehabilitation programs and livelihood assistance.

The DOH shall provide medical assistance to victims.

SECTION 41. Counseling and Treatment of Offenders. – The DSWD shall provide rehabilitative counseling and treatment to
perpetrators towards learning constructive ways of coping with anger and emotional outbursts and reforming their ways.
When necessary, the offender shall be ordered by the Court to submit to psychiatric treatment or confinement.

SECTION 42. Training of Persons Involved in Responding to Violence Against Women and their Children Cases. –All agencies
involved in responding to violence against women and their children cases shall be required to undergo education and
training to acquaint them with:

a. the nature, extend and causes of violence against women and their children;

b. the legal rights of, and remedies available to, victims of violence against women and their children;

c. the services and facilities available to victims or survivors;

d. the legal duties imposed on police officers to make arrest and to offer protection and assistance; and

e. techniques for handling incidents of violence against women and their children that minimize the likelihood of
injury to the officer and promote the safety of the victim or survivor.

The PNP, in coordination with LGU's shall establish an education and training program for police officers and barangay
officials to enable them to properly handle cases of violence against women and their children.
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SECTION 43. Entitled to Leave. – Victims under this Act shall be entitled to take a paid leave of absence up to ten (10) days
in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations, extendible when the
necessity arises as specified in the protection order.

Any employer who shall prejudice the right of the person under this section shall be penalized in accordance with the
provisions of the Labor Code and Civil Service Rules and Regulations. Likewise, an employer who shall prejudice any
person for assisting a co-employee who is a victim under this Act shall likewise be liable for discrimination.

SECTION 44. Confidentiality. – All records pertaining to cases of violence against women and their children including
those in the barangay shall be confidential and all public officers and employees and public or private clinics to hospitals
shall respect the right to privacy of the victim. Whoever publishes or causes to be published, in any format, the name,
address, telephone number, school, business address, employer, or other identifying information of a victim or an
immediate family member, without the latter's consent, shall be liable to the contempt power of the court.

Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and a fine of not more than
Five Hundred Thousand pesos (P500,000.00).

SECTION 45. Funding – The amount necessary to implement the provisions of this Act shall be included in the annual
General Appropriations Act (GAA).

The Gender and Development (GAD) Budget of the mandated agencies and LGU's shall be used to implement services for
victim of violence against women and their children.

SECTION 46. Implementing Rules and Regulations. – Within six (6) months from the approval of this Act, the DOJ, the
NCRFW, the DSWD, the DILG, the DOH, and the PNP, and three (3) representatives from NGOs to be identified by the
NCRFW, shall promulgate the Implementing Rules and Regulations (IRR) of this Act.

SECTION 47. Suppletory Application – For purposes of this Act, the Revised Penal Code and other applicable laws, shall
have suppletory application.

SECTION 48. Separability Clause. – If any section or provision of this Act is held unconstitutional or invalid, the other
sections or provisions shall not be affected.

SECTION 49. Repealing Clause – All laws, Presidential decrees, executive orders and rules and regulations, or parts
thereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SECTION 50. Effectivity – This Act shall take effect fifteen (15) days from the date of its complete publication in at least
two (2) newspapers of general circulation.