RA 9262: Anti-Violence Against Women and Children Act of 2004 PDF

RA 9262: Anti-violence against women and their children act of 2004 - Physical violence: refers to act that include bodily or physical harm - Sexual violence: refers to an act which is sexual in nature - Psychological violence: refers to acts or omissions causing or likely to cause...

RA 9262: Anti-violence against women and their children act of 2004 - Physical violence: refers to act that include bodily or physical harm - Sexual violence: refers to an act which is sexual in nature - Psychological violence: refers to acts or omissions causing or likely to cause mental or emotional suffering of the victims such as intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and marital infidelity - Economic abuse: refers to acts that make or attempt to make a woman financially dependent - Battery: refers to act of inflicting physical harm upon the woman or her child resulting to physical and psychological or emotional distress - Battered woman syndrome: refers to scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationship as a result of cumulative abuse - Stalking: refers to intentional act committed by person who, knowingly and without lawful justification follows the woman or her child or places the woman or her child under surveillance - Dating relationship: refers to 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 - Sexual relations: refers to a single sexual act which may or may not result in the bearing of a common child - Safe place or shelter: refers to any home or institution maintained or managed by DSWD or any other ageny or voluntary organization accredited by DSWD for the purpose of this Act or any other suitable place the resident of which is willing temporarily to receive the victim +-----------------------------------+-----------------------------------+ | Act against women and children | Penalty | +===================================+===================================+ | a\. Causing physical harm to the | -Attempted, frustrated or | | woman and child | consuumated parricide or murder | | | or homicide: in accordance to | | | Revised Penal Code | | | | | | -If acts resulted to mutilation: | | | Revised penal code | | | | | | -Serious injuries: penalty of | | | prision mayor | | | | | | -Less serious injuries: prision | | | correccional | | | | | | -Slight physical: arresto mayor | +-----------------------------------+-----------------------------------+ | b\. Threatening to cause the | -2 degree lower than (a) but not | | woman or child physical harm | lower than arresto mayor | +-----------------------------------+-----------------------------------+ | c\. Attempting to cause the | -Arresto mayor | | woman or her child physical | | | hard | | +-----------------------------------+-----------------------------------+ | d\. Placing the woman or her | | | child in fear of imminent | | | physical harm | | +-----------------------------------+-----------------------------------+ | e\. Attempting to compel the | Prision correccional | | woman or her child to engage in | | | conduct which the woman or | | | child has the right to desist | | | from; including | | | | | | -Threatening to deprive the woman | | | or her child of custody or access | | | to family | | | | | | -Depriving or threatening of | | | financial support legally due to | | | her or providing insufficient | | | financial support | | | | | | -preventing the woman in engaging | | | in any legitimate profession, | | | occupation, business, etc | | +-----------------------------------+-----------------------------------+ | f\. inflicting or threatening to | Arresto mayor | | inflict physical harm on | | | oneself for the purpose of | | | controlling her actions | | +-----------------------------------+-----------------------------------+ | g\. causing or attempting to | Prision mayor | | cause the woman or her child to | | | engage in sexual activity which | | | does not constitute rape, by | | | force or threat of force | | +-----------------------------------+-----------------------------------+ | h\. engaging in purposeful, | Prision mayor | | knowing, or reckless conduct, | | | personally or through another, | | | that alarms or causes emotional | | | or psychological distress | | | including: stalking, entering | | | or remaining in the dwelling | | | property against her will, | | | destroying property or | | | inflicting harm to pets or her | | | child; engaging in any form of | | | harassment; | | +-----------------------------------+-----------------------------------+ | i\. causing mental or emotional | Prision mayor | | anguish, public ridicule or | | | humiliation | | +-----------------------------------+-----------------------------------+ - If the acts 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 - In addition to imprisonment, the perpetrator shall pay a fine of not less than Php 100,000 but not more than Php 300,000 and undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to the court - The protection orders that may be issued under this Act are: Barangay protection (BPO), Temporary Protection (TPO) and Permanent Protection (PPO) - Who may file for protection orders: - Offended party - Parents or guardian - Ascendants, descendants or collateral relatives within 4^th^ civil degree of consanguinity or affinity - Officers or social workers of DSWD or LGU - Police officers, in charge of women and children's desk - Punong Barangay or Kagawad - Lawyer, counselor, therapist or healthcare providers or the petitioner - Atleast 2 concerned responsible citizens of the city/municipality where the violence occurred and who has personal knowledge of the offense committed - All TPO or PPOs issued under this Act shall be enforceable anywhere in the Philippines and violation shall be punishable with a fine of Php 5,000 to Php 50,000 and/or imprisonment of 6 months - TPOs -- refers to protection order issued by the court on the date of filing of application after ex parte determination that such order should be issued; the court may grant in a TPO, any some or all of the reliefs mentioned and shall be effective for 30 days. - PPOs -- refers to protection order issued by the court after notice and hearing - IAC-VAWC (inter-agency council on Violence Against Women and their Children) -- council composed of the following agencies: - DSWD - Secretary - National Commission on the Role of Filipino Women (NCRFW) - Chairperson - CSC - Chairperson - Commission on Human Rights (CHR) - Chairperson - Commission for the Welfare of Children (CWC) -- Executive Director - DOJ - Secretary - DILG - Secretary - PNP -- Director-General - DOH - Secretary - DepED - Secretary - DOLE - Secretary - NBI - Director - The council members may designate their duly authorized representative who shall have a rank not lower than an assistance secretary or its equivalent - DSWD and LGU shall provide temporary shelters, provide counseling, recovery, rehabilitation programs and livelihood assistance - DOH shall provide medical assistance to victim - Victims under this act shall be entitled to take paid leave of absence up to 10 days in addition to other paid leaves under Labor Code and CSC Rules - Effectivity shall take effect 15 days from the date of its complete publication in at least newspaper of general circulation - Any barangay officials or law enforcer who fails to report the incident of VAWC to the PNP WCPD (PNP-Women and Child Protection Desks) shall be liable for a fine not exceeding Php 10,000 or whenever applicable criminal, civil or administrative liability RA 9710: Magna Carta of Women - Women empowerment -- refers to the provision, availability and accessibility of opportunities, services and observance of human rights which enable women to actively participate and contribute to political, economic, social and culture development of the nation - Discrimination against women -- refers to any gender-based distinction, exclusion or restriction which has the effect or purpose of impairing the recognition, enjoyment, or exercise by women. - Marginalization -- refers to a condition where whole category of people is excluded from useful and meaningful participation in political, economic, social and cultural life - Marginalized -- refers to basic, disadvantaged or vulnerable persons or group who are mostly living in poverty, which includes: - Small farmers and rural workers -- farmers who own or are still amortizing for lands not more than 3 hectares; and rural workers who are either minimum wage earners, self-employed, unpaid family workers - Fisherfolk - Urban poor - Workers in the formal economy- refers to those who are employed by any person acting directly or indirectly in the interest of an employer - Workers in the informal economy -- refers to self-employed, occasionally or personally hired, subcontracted, paid and unpaid family workers - Migrant workers - Indigenious peoples - Moro -- refers to natives oeple who have historically inhabited Mindanao, Palawan and Sulu and who are largely of the Islamic faith - Solo Parents -- refers to those who fall under RA 8972 or Solo Parents Welfare Act of 2000 - Gender Equality -- refers to the principle asserting the equality of men and women and their rights to enjoy equal conditions - Gender Equity -- refers to policies, instruments, programs, and actions that address the disadvantaged positions of women in society by providing preferential treatment and affirmative action - Gender and Development (GAD) -- refers to development perspective and process that are participatory and empowering, equitable and sustainable and actualization of human potentials; seeks to achieve gender equality - Gender Mainstreaming -- refers to strategy for making women's as well as men's concerns and experiences an integral dimension of design, implementation, monitoring, and evaluation of polices and programs in all spheres so that women and men benefits equally; it is the process of assessing the implication for women and men of any planned actions, including legislation, policies and programs - Social protection -- refers to policies and programs that seek to reduce poverty and vulnerability to risks and enhance the social status and rights of all women - Special Leave for Women -- a woman employee who have rendered continuous aggregate employment service of atleast 6 months for the past 12 months shall be entitled to special leave benefit of 2 months with full payment based on her gross monthly compensation following surgery caused by gynecological disorders - WEDC or Women in Especially Difficult Circumstances -- shall refer to victims and survivors of sexual and physical abuse, illegal recruitment, prostitution, trafficking, armed conflict, women in detention, victims and survivors of rape and incest, and other related circumstances which have incapacitated them functionally - The cost of implementing GAD programs shall be agency's or LGU's GAD budget which shall be at least 5% of the agency's total budget appropriation - RA 7192: Women in Development and Nation Building Act -- which allocates 5% to 30% of overseas development assistance to GAD - National Commission on the Role of Filipino Women shall be renamed as Philippine Commission on Wome (PCW) -- Overall monitoring body and oversight to ensure implementation of this Act MWSS GFPS (GAD focal point system) - Chairperson: DA Claudine B. Orocio-Isorena - Executive Committee: DA Lee Britanico and Joan Michelle Antonio - MOVE (Men Opposed to Violence Against Women Everywhere) Officers: - Joriel Dagsa - Leo James Abaloyan - Fiamento Baring - Renato Rodriguez Jr - Sir Gil Maravilla - TWG: - Paula Seriritan - Elena Cheng - Israel Bungay - Sir Gil Maravilla - Ranjev Garcia - Renato Rodriquez Jr - Secretariat - Emyl Angeline Fulgueras - Jezreel Pucio - Myra Beguiras (Support) - Klea Luz - Lorna Medina - Shenna Guinaling - Yolanda Lucas - Peachy Magno