Human Rights and Women's Right Law

• Violence Against Women and Children

  An act or series of actions committed by any person against a woman who is her wife, former wife, a woman whom he had or had sexual or dating relationship, or whom he has a common child with, or against her child whether legitimate or illegitimate, within or without the family abode, which result or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats such as battery, assault, coercion, harassment or arbitrary deprivation of liberty
• VAWC Law

  • A comprehensive legal framework that provides protection to women and their children from all forms of violence
  • Recognizes the importance of promoting a culture of respect and equality and provides victim with the necessary support and assistance to recover from their trauma
  • Aims to value the dignity of women and children and guarantee full respect for their human rights
  • A significant step towards eradicating violence against women and children and promoting a safe and secure society for all
  • Recognizes the need to protect the family, particularly women and children, from violence and threats to their personal safety and security
• Physical Violence

  • Refers to act that include bodily or physical harm
  • Any act of violence that causes physical harm or injury to the victim
• Sexual Violence

  • Refers to act which is sexual in nature, committed against a woman or her child
  • Any sexual act that is forced upon a person against her will
• Acts considered as Sexual Violence

  • Rape
  • Sexual harassments
  • Physically attacking the sexual parts of the victim
  • Treating a woman or her child as sex objects
  • Making demeaning and sexually aggressive remarks
  • Prostituting a woman or child
  • Forcing a woman or her child to do indecent acts and/or make films
  • Forcing the wife and the mistress/lover to live in the conjugal home
  • Sleep together in the same room with the abuser
  • Forcing a woman or her child to watch indecent shows
• Psychological Violence

  • Refers to the acts or omission causing or is likely to cause mental or emotional suffering of the victim
  • Any form of violence that causes psychological harm or suffering to the victim
• Acts considered as Psychological Violence

  • Intimidation
  • Harassment
  • Stalking
  • Public ridicule or humiliation
  • Repeated verbal abuse
  • Mental infidelity
  • Causing or allowing the victim to witness physical, sexual, or psychological abuse of a family member to which the victim belongs
  • Causing or allowing the victim to witness abusive injury to pets
  • Causing or allowing the victim to witness pornography in any form
  • Unwanted deprivation of the right to custody and/or visitation of common children
• Economic Abuse

  • Refers to acts that make or attempt to make a woman financially dependent
  • Any form of abuse that deprives the victim of their economic and financial resources
• Acts considered as Economic Abuse

  • Withdrawal of financial support
  • Destroying household property
  • Controlling the victim's own money or properties
  • Solely controlling the conjugal money or properties
  • Deprivation or threat of deprivation of financial resources
• Battery

  Refers to an 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 behavioural symptoms found in women living in battering relationships as a result of cumulative abuse
• Stalking

  Refers to intentional act committed by any person who, knowingly and without lawful justification follows a woman or her child or places when the woman or her child are under surveillance directly or indirectly or a combination thereof
• Dating Relationship

  Refers to a situation wherein parties lived as husband and wife without the benefit of marriage, or are romantically involve overtime 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
• Sexual Relationship

  Refers to a single sexual act which or may not result in bearing a common child
• Safe place or Shelter

  Refers to any home or institution maintained or managed by the Department of Social Welfare and Development (DSWD)
• Children

  Refers to those below 18 years of age or older but incapable of taking care of themselves
• Penalties for acts resulting in:

  • Serious Physical Injuries - Prison Mayor (6 years & 1 day to 12 years)
  • Less Serious Injuries - Prison Correccional (6 months & 1 day to 6 years)
  • Slight Physical Injuries - Arresto Mayor (1 month & 1 day to 6 months)
• If acts are committed while the woman or child is pregnant or committed in the presence of her child, the penalty shall be the MAXIMUM PERIOD OF PENALTY PRESCRIBED IN THE SECTION
• Perpetrators are also required to undergo mandatory psychological counselling or psychiatric treatment and pay damages to victims
• Jurisdiction of the Regional Trial Court

  • The Regional Trial Court designated as a Family Court has jurisdiction over cases of violence against women and their children
  • In the absence of such court, the case may be filed in the Regional Trial Court where the crime was committed
• Protection Orders

  • An order issued under this act for the purpose of preventing further acts of violence against a woman or her child
  • 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
• Protection Orders that may be issued

  • Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise communicating with the petitioner, directly or indirectly
  • Removal or exclusion of the respondent from the residence of the petitioner, regardless of the ownership of the residence
  • Directing the respondent to stay away from the petitioner and designated family or household member at a distance specified by the court
  • Granting a temporary or permanent custody of a child/children to the petitioner
  • Directing the respondent to provide support to the woman and/or her child if entitled to legal support
• Barangay Protection Orders (BPO)

  • A protection order issued by a Punong Barangay who receives applications for a BPO on the date of filing after ex parte determination of the basis of the application
  • If the Punong Barangay is unavailable, the application shall be acted upon by any available Barangay Kagawad
  • BPOs shall be effective 15 days
• Temporary Protection Orders (TPO)

  • A protection order issued by the court on the date of filing of the application after ex parte determination that such order should be issued
  • TPO along the grant of reliefs shall be effective for 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
• Permanent Protection Orders (PPO)

  • A protection order issued by the court after notice and hearing
  • Respondent's 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 merits of the issuance of a PPO
  • If the respondent 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 spear despite proper notice, the court shall allow ex parte presentation of the evidence by the applicant and render judgement on the basis of the evidence presented
• Who may file Petition for Protection Orders

  • the offended party
  • parents or guardians of the offended party
  • officers or social workers of the DSWD or social workers of local government
  • police officers, preferably those in charge of women and children's desks
  • Punong Barangay or Barangay Kagawad
  • Lawyer, counselor, therapist or healthcare provider of the petitioner
• How to Apply for Protection Order

  • The application for a protection order must be in WRITING, SIGNED, and VERIFIED UNDER OATH BY THE APPLICANT
  • If the applicants is not a the victim, the application must be accompanied by an affidavit of the applicant attesting to the circumstances of the abuse suffered by the victim, and the circumstances of consent given by the victim for the filling of the application
  • When the disclosure of the address of the victim will pose danger to her life, it shall be so stated in the application
• Information required in the application for protection order

  • names and addresses of petitioner and respondent
  • descriptions of relationships between petitioner and respondent
  • a statement of the circumstances of the abuse
  • description of the reliefs requested by petitioner
  • request for counsel and reasons such
  • request for waiver of application fees until hearing
  • an attestation that there is no pending application for a protection order in another court
• Rights of Victims

  • The right to be treated with respect and dignity
  • Legal assistance
  • Support services
  • Access to legal remedies