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    RA 9262 Violence Against Women and Their Children

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    RA 9262 Violence Against Women and Their Children

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pptx, pdf, or txt
    4 views37 pages

    VAWC

    Uploaded by

    copmalilipot24
    RA 9262 Violence Against Women and Their Children

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pptx, pdf, or txt
    of 37

    Anti-Violence against

    Women and their Children


    Act of 2004
    (RA 9262)
    PCPT MILANIIE BORBE-DE GUZMAN
    OFFICER IN CHARGE
    MALILIPOT MUNICIPAL POLICE STATION
    LESSON GOAL:
    This lesson aims to provide the
    participants with knowledge on RA 9262
    (Anti-Violence against Women and their
    Children Act).
    LESSON OBJECTIVES:

    AFTER THIS LESSON, THE PARTICIPANTS WILL BE ABLE TO:

    • DEFINE THE DIFFERENT TERMS IN RELATION TO RA 9262.


    • EXPLAIN THE VARIOUS ACTS OF VIOLENCE COMMITTED AGAINST
    WOMEN AND THEIR CHILDREN.
    • DEFINE PROTECTION ORDER AND GIVE ITS RELIEFS/BENEFITS.
    • ENUMERATE THE TYPES OF PROTECTION ORDERS AVAILABLE FOR
    VICTIM/SURVIVOR.

    • DISCUSS THE DUTIES AND RESPONSIBILITIES OF LAW


    ENFORCEMENT OFFICERS IN RESPONDING TO RA 9262 CASES.24
    SCOPE OF PRESENTATION
    BACKGROUND
    DEFINITION OF TERMS
    FORMS AND ACTS OF VAWC
    PROTECTION ORDER
    DUTIES OF LAW ENFORCER
    Background:

     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.
    I. DEFINITION OF TERMS:
    VIOLENCE AGAINST WOMEN AND THEIR CHILDREN (VAWC)
    - 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.


    THE OFFENDED PARTY:
    THE WOMAN THE CHILD
    THE OFFENDERS:
    THE HUSBAND,
    THE LOVER AND THE EX ,
    THE CONSPIRATORS
    DEFINITION OF TERMS: (CONT.)

    VIOLENCE AGAINST WOMEN AND THEIR CHILDREN


    - INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING ACTS:

    • PHYSICAL VIOLENCE
    • SEXUAL VIOLENCE
    • PSYCHOLOGICAL VIOLENCE
    • ECONOMIC ABUSE
    DEFINITION OF TERMS: (CONT.)
    BATTERY
    ACT OF INFLICTING PHYSICAL HARM UPON THE WOMAN OR HER
    CHILD RESULTING TO THE PHYSICAL AND PSYCHOLOGICAL OR
    EMOTIONAL DISTRESS.

    BATTERED WOMAN SYNDROME


    SCIENTIFICALLY DEFINED PATTERN OF PSYCHOLOGICAL AND
    BEHAVIORAL SYMPTOMS FOUND IN WOMEN LIVING IN BATTERING
    RELATIONSHIPS AS A RESULT OF CUMULATIVE ABUSE.
    DEFINITION OF TERMS: (CONT.)
    STALKING
    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.

    DATING RELATIONSHIP
    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.
    DEFINITION OF TERMS: (CONT.)

    SEXUAL RELATIONS
    A SINGLE SEXUAL ACT WHICH MAY OR MAY NOT RESULT IN THE
    BEARING OF A COMMON CHILD.

    CHILDREN
    THOSE BELOW EIGHTEEN (18) YEARS OF AGE OR OLDER BUT
    ARE INCAPABLE OF TAKING CARE OF THEMSELVES.
    FORMS OF VAWC

     PHYSICAL VIOLENCE- ACTS THAT INCLUDE BODILY OR PHYSICAL HARM.


     SEXUAL VIOLENCE- ACT WHICH IS SEXUAL IN NATURE.
     PSYCHOLOGICAL VIOLENCE- ACTS OR OMISSIONS CAUSING OR LIKELY
    TO CAUSE MENTAL OR EMOTIONAL SUFFERING OF THE VICTIM.

     ECONOMIC ABUSE- ACTS THAT MAKE OR ATTEMPT TO MAKE A WOMAN


    FINANCIALLY DEPENDENT
    II. Acts of violence against women
    and their children
    A. Causing physical harm;

    B. Threatening to cause physical harm;

    C. Attempting to cause physical harm;

    D. Placing in fear of imminent physical harm;


    Acts of VAWC (Cont.)

    E. Attempting to compel to engage in conduct which they have the


    right to desist from, shall include:

     Threatening to deprive or actually depriving of custody;

     Depriving or threatening to deprive of financial support;


    Acts of VAWC (Cont.)

     Depriving or threatening to deprive of a legal right;

     Preventing the woman in engaging in any legitimate profession,


    occupation, business or activity or controlling the victim’s own
    money or properties, or solely controlling the conjugal or
    common money, or properties;
    Acts of VAWC (Cont.)

    F. Inflicting or threatening to inflict physical harm on oneself;

    G. Causing or attempting to engage in any sexual activity;


    Acts of VAWC (Cont.)
    H. Engaging in purposeful, knowing, or reckless conduct, that
    alarms or causes substantial emotional or psychological
    distress, to include:
     Stalking;
     Peering in the window/lingering outside the residences;
     Entering or remaining in the dwelling or on the property
    against her/his will.
    Acts of VAWC (Cont.)

     Destroying the property and personal belongings; and


     Engaging in any form of harassment or violence

    I. Causing mental or emotional anguish, public ridicule or


    humiliation.
    III. PROTECTION ORDER
    AN ORDER ISSUED FOR THE PURPOSE OF PREVENTING FURTHER
    ACTS OF VIOLENCE AGAINST A WOMAN OR HER CHILD.

    ITS PURPOSE IS TO 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 PROTECTION ORDERS SHALL INCLUDE ANY,
    SOME OR ALL OF THE FOLLOWING RELIEFS:

    • PROHIBITION OF RESPONDENT FROM THREATENING TO COMMIT OR


    COMMITTING, ACTS OF VIOLENCE;

    • PROHIBITION OF RESPONDENT FROM HARASSING, ANNOYING,


    TELEPHONING, CONTACTING OR OTHERWISE COMMUNICATING WITH
    THE PETITIONER,

    • REMOVAL AND EXCLUSION OF RESPONDENT FROM THE RESIDENCE OF


    THE PETITIONER, (REGARDLESS OF OWNERSHIP)
    PROTECTION ORDERS SHALL INCLUDE ANY, SOME OR ALL
    OF THE FOLLOWING RELIEFS: (CONT.)

    • DIRECTING THE RESPONDENT TO STAY AWAY FROM PETITIONER AND


    DESIGNATED FAMILY OR HOUSEHOLD MEMBER;

    • DIRECTING LAWFUL POSSESSION AND USE BY PETITIONER OF AN


    AUTOMOBILE AND OTHER ESSENTIAL PERSONAL EFFECTS,
    REGARDLESS OF OWNERSHIP;
    PROTECTION ORDERS SHALL INCLUDE ANY, SOME OR ALL
    OF THE FOLLOWING RELIEFS: (CONT.)

    • GRANTING A TEMPORARY OR PERMANENT CUSTODY OF A


    CHILD/CHILDREN TO THE PETITIONER;

    • PROHIBITION OF THE RESPONDENT FROM ANY USE OR POSSESSION


    OF ANY FIREARM OR DEADLY WEAPON;
    Lesson 4.4.1 RA 9262 (AVAWC)

    PROTECTION ORDERS SHALL INCLUDE ANY, SOME


    OR ALL OF THE FOLLOWING RELIEFS: (CONT.)

    • RESTITUTION FOR ACTUAL DAMAGES CAUSED BY THE VIOLENCE


    INFLICTED;

    • DIRECTING THE DSWD OR ANY APPROPRIATE AGENCY TO PROVIDE


    WHAT PETITIONER MAY NEED; AND

    • PROVISION
    OF SUCH OTHER FORMS OF RELIEF AS THE COURT
    DEEMS NECESSARY.
    A. BARANGAY PROTECTION ORDERS (BPOS)
     REFERS TO THE PROTECTION ORDER ISSUED BY THE PUNONG
    BARANGAY.

     IF THE PUNONG BARANGAY IS UNAVAILABLE, SHALL BE ACTED UPON


    BY ANY AVAILABLE BARANGAY KAGAWAD.

     BPOS SHALL BE EFFECTIVE FOR FIFTEEN (15) DAYS.


     THE BPO SHALLBE PERSONALLY SERVED TO THE RESPONDENT, BY
    ANY BARANGAY OFFICIAL.
    B. TEMPORARY PROTECTION ORDERS (TPO)

    ISSUED BY THE COURT AFTER EX PARTE DETERMINATION.


    SHALL BE EFFECTIVE FOR THIRTY (30) DAYS.
    THE COURT SHALL SCHEDULE HEARING FOR ISSUANCE OF A
    PPO PRIOR TO THE EXPIRATION OF THE TPO.

    THE COURT SHALL ORDER THE IMMEDIATE PERSONAL SERVICE


    OF THE TPO ON THE RESPONDENT.
    C. PERMANENT PROTECTION ORDERS (PPO)

     ISSUED BY THE COURT AFTER NOTICE AND HEARING.


     WHEN THE TPO ISSUED IS DUE TO EXPIRE, THE COURT SHALL
    CONTINUOUSLY EXTEND OR RENEW THE TPO FOR A PERIOD OF
    THIRTY (30) DAYS UNTIL FINAL JUDGMENT IS ISSUED.

     PPO SHALL BE EFFECTIVE UNTIL REVOKED BY A COURT UPON


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

    IN THE DETERMINATION OF THE STATE OF MIND OF THE WOMAN


    WHO WAS SUFFERING FROM BATTERED WOMAN SYNDROME, THE
    COURTS SHALL BE ASSISTED BY EXPERT PSYCHIATRISTS/
    PSYCHOLOGISTS.
    PROHIBITED DEFENSE
    BEING UNDER THE INFLUENCE OF ALCOHOL, ANY ILLICIT
    DRUG, OR ANY OTHER MIND-ALTERING SUBSTANCE SHALL
    NOT BE A DEFENSE.
    CUSTODY OF CHILDREN

    • Woman victim of violence shall be entitled to the custody


    and support of her child/children.

    • 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.
    IV. DUTIES OF BARANGAY OFFICIALS AND LAW
    ENFORCERS
    • RESPOND IMMEDIATELY TO A CALL FOR HELP;
    • CONFISCATE ANY DEADLY WEAPON;
    • TRANSPORT OR ESCORT THE VICTIM/S TO A SAFE PLACE;
    • ASSIST THE
    VICTIM IN REMOVING PERSONAL BELONGINGS
    FROM THE HOUSE;
    DUTIES OF BARANGAY OFFICIALS AND LAW ENFORCERS
    (CONT.)

    • Assist barangay officials and government officers who respond to


    a call for help;
    • Ensure the enforcement of protection orders;
    • Arrest the perpetrator; and
    • Immediately report the call for assessment or assistance of DSWD
    or accredited ngos.
    DUTIES OF BARANGAY OFFICIALS AND LAW ENFORCERS
    (CONT.)

    Any barangay official or law enforcer who fails to report


    the incident shall be liable for a fine not exceeding
    P10,000.00 or whenever applicable criminal, civil or
    administrative liability.
    PERSONS INTERVENING EXEMPT FROM LIABILITY

    Any person, private individual or police authority or barangay


    official, 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.
    QUESTIONS????
    End of Presentation
    Thank You….

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