VAWC

• Violence against women and their children


  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
• Violence against women and their children

  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
• Types of violence against women and their children

  • Physical violence
  • Sexual violence
  • Psychological violence
  • Economic abuse
• Physical violence


  Physical harm, battery, bodily harm
• Sexual violence


  Acts which are sexual in nature, including 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, 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, prostituting the woman or child, 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, acts or omissions causing or likely to cause mental or emotional suffering of the victim
• Psychological violence


  Intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity, causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, to witness pornography in any form, to witness abusive injury to pets, unlawful or unwanted deprivation of the right to custody and/or visitation of common children
• Economic abuse


  Withdrawal of financial support, preventing the victim from engaging in any legitimate profession, occupation, business or activity, deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common, destroying household property, controlling the victims' own money or properties or solely controlling the conjugal money or properties
• Battery


  An act of inflicting physical harm upon the woman or her child resulting to the physical and psychological or emotional distress
• Battered Woman Syndrome


  A scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse, which can be used as a valid defense
• Cycle of violence in Battered Woman Syndrome

  1. Tension building phase

  2. Acute battering incident

  3. Tranquil period
• 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 directly or indirectly or a combination thereof
• 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. A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a dating relationship.
• Acts of violence against women and their children


  • Causing physical harm to the woman or her child
  • Threatening to cause the woman or her child physical harm
  • Attempting to cause the woman or her child physical harm
  • Placing the woman or her child in fear of imminent physical harm
  • 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
  • Threatening to deprive or actually depriving the woman or her child of custody to her/his family
  • 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
  • Depriving or threatening to deprive the woman or her child 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
  • Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions
  • 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
  • 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, including stalking or following the woman or her child in public or private places, peering in the window or lingering outside the residence of the woman or her child, entering or remaining in the dwelling or on the property of the woman or her child against her/his will, destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child, and engaging in any form of harassment or
  • Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman's child/children
• Protection order


  An order issued under this act for the purpose of preventing further acts of violence against a woman or her child and granting other necessary relief. The relief granted under a protection order 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.
• Types of protection orders

  • Permanent protection order (PPO)
  • Temporary protection order (TPO)
  • Barangay protection order (BPO)
• Relief granted under protection orders

  • Prohibition of the respondent from threatening to commit or commit acts of violence against the woman or her child
• Ridicule or humiliation


  Repeated verbal and emotional abuse, and denial of financial support or custody of minor children or access to the woman's child/children
• Protection Order


  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
• Purpose of Protection Orders

  • 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
• Permanent Protection Order (PPO)


  A protection order issued by the court after notice and hearing
• Temporary Protection Order (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, effective for thirty (30) days
• Barangay Protection Order (BPO)


  A protection order issued by the Punong Barangay on the date of filing after ex parte determination of the basis of the application, effective for fifteen (15) days
• POs Relief


  • 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
  • Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise communicating with the petitioner, directly or indirectly
  • Removal and exclusion of the respondent from the residence of the petitioner
  • Directing the respondent to stay away from petitioner and designated family or household member at a distance specified by the court
  • Directing lawful possession and use by petitioner of an automobile and other essential personal effects, regardless of ownership
  • 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
  • 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
  • Restitution for actual damages caused by the violence inflicted, including, but not limited to, property damage, medical expenses, childcare expenses and loss of income
  • Directing the DSWD or any appropriate agency to provide petitioner may need
  • 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
• Who may file Petition for Protection Orders

  • Parents or guardian of OP
  • Offended party (OP)
  • Ascendants, descendants or collateral relatives (4th degree of consanguinity or affinity)
  • Police officers, preferably WCPD
  • Officers or DSWD RSW or LGU RSW
  • PB or Kagawad
  • Lawyer, therapist, counselor of OP
  • 2 concerned citizens with personal knowledge
• Where to Apply for a Protection Order


  Family Court; or RTC, MTC, MCTC having jurisdiction of residence of OP for TPO/PPO, Barangay where the OP resides for BPO
• How to Apply for a Protection Order


  In writing, signed, verified, under oath, as an independent action or as incidental relief in any civil or criminal case
• Legal Representation of Petitioners for Protection Order

  Public Attorney's Office (PAO), if financially insufficient, or a private counsel offering free legal service
• Barangay Protection Orders (BPOs)

  Issued by the Punong Barangay or any available Barangay Kagawad in the absence of PB, effective for fifteen (15) days
• Temporary Protection Orders (TPOs)


  Issued by the court on the date of filing of the application after ex parte determination, effective for thirty (30) days
• Permanent Protection Orders (PPOs)


  Issued by the court after notice and hearing, effective until revoked by a court upon application of the person in whose favor the order was issued
• 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
• Notice of Sanction in Protection Orders

  "VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."
• Legal Separation Cases


  Article 58 of the Family Code (Cooling-off period) shall not apply, and the court shall proceed on the main case and other incidents of the case as soon as possible
• 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
• Damages


  Any victim of violence under this Act shall be entitled to actual, compensatory, moral and exemplary damages
• 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, extendible when the necessity arises as specified in the protection order