anti vawc notes

8/10/2019 Anti VAWC Notes

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"Anti-Violence Against Women and Their Children Act of2004".

"Violence against women and their children"refers to any actor a series of acts , which result in or is likely to result in physical,sexual, psychological harm or suffering, or economic abuseincluding threats of such acts, battery, assault, coercion,harassment or arbitrary deprivation of liberty committed by anyperson

a) against a woman who is his wife, former wife, or

b) against a woman with whom the person has

c) or had a sexual or dating relationship, or

d) with whom he has a common child, or against her childwhether legitimate or illegitimate, who is

a. Below 18 years old or

b. Above 18 years old but are incapable of taking

care of himself

Sexual relationshipcan exist even if there was only one singlesexual act, regardless of whether it resulted in bearing of acommon child

Dating relationshiprefers to a situation wherein the parties

a) live as husband and wife without the benefit of marriageor

b) are romantically involved over time and on a continuingbasis during the course of the relationship

Physical Violence refers to acts that include bodily orphysical harm;

Sexual violencerefers to an act which is sexual in nature,committed against a woman or her child. It includes, but isnot limited to:

a) rape, sexual harassment, acts of lasciviousness,

b) treating a woman or her child as a sex object,

c) making demeaning and sexually suggestive remarks,

d) physically attacking the sexual parts of the victim's body,forcing her/him to watch obscene publications andindecent shows or

e) forcing the woman or her child to do indecent actsand/or make films thereof,

f) forcing the wife and mistress/lover to live in theconjugal home or sleep together in the same room withthe abuser;

g) acts causing or attempting to cause the victim to engagein any sexual activity by force, threat of force, physicaor other harm or threat of physical or other harm orcoercion;

h) Prostituting the woman or child.

Psychological violence refers to acts or omissions causingor likely to cause mental or emotional suffering of the victimsuch as but not limited to intimidation,harassment, stalkingdamage to property, public ridicule or humiliation, repeatedverbal abuse and mental infidelity. It includes causing orallowing the victim to witness the physical, sexual orpsychological abuse of a member of the family to which thevictim belongs, or to witness pornography in any form or towitness abusive injury to pets or to unlawful or unwanteddeprivation of the right to custody and/or visitation ofcommon children.

Economic abuse refers to acts that make or attempt tomake a woman financially dependent which includes, but isnot limited to the following:

1. withdrawal of financial support or preventing the victimfrom engaging in any legitimate profession, occupationbusiness or activity, except in cases wherein the otherspouse/partner objects on valid, serious and moral groundsas defined in Article 73 of the Family Code;

2. deprivation or threat of deprivation of financial resourcesand the right to the use and enjoyment of the conjugalcommunity or property owned in common;

3. destroying household property;

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

Remedies of victims of violence against women

a) Criminal action

b) Criminal action with reservation of a separate civil action

c) Civil action for damages

d) Protection order without claiming damages

Aggravating Circumstances

If the acts are committed while the woman or child ispregnant or committed in the presence of her child, thepenalty to be applied shall be the maximum period ofpenalty prescribed in the section.

In addition to imprisonment, the perpetrator shall (a)pay a fine in the amount of not less than One hundredthousand pesos (P100,000.00) but not more than threehundred thousand pesos (300,000.00); (b) undergo


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

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

If the applicants is not the victim, the application must beaccompanied by an affidavit of the applicant attesting to (a) thecircumstances of the abuse suffered by the victim and (b) thecircumstances of consent given by the victim for the filling of theapplication. When disclosure of the address of the victim will posedanger to her life, it shall be so stated in the application. In such acase, the applicant shall attest that the victim is residing in themunicipality or city over which court has territorial jurisdiction,and shall provide a mailing address for purpose of serviceprocessing.

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

Barangay officials and court personnel shall assist applicants in thepreparation of the application. Law enforcement agents shall also

extend assistance in the application for protection orders in casesbrought to their attention.

Enforceability of Protection Orders

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

Confidentiality of Proceedings

SECTION 44.Confidentiality.

All records pertaining to cases ofviolence against women and their children including those in thebarangay shall be confidential and all public officers andemployees and public or private clinics to hospitals shall respectthe right to privacy of the victim. Whoever publishes or causes tobe published, in any format, the name, address, telephonenumber, school, business address, employer, or other identifyinginformation of a victim or an immediate family member, withoutthe latter's consent, shall be liable to the contempt power of thecourt.

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

Custody of Children

SECTION 28.Custody of children.The woman victim of violenceshall be entitled to the custody and support of her child/children.Children below seven (7) years old older but with mental orphysical disabilities shall automatically be given to the mother,with right to support, unless the court finds compelling reasonsto order otherwise.

A victim who is suffering from battered woman syndrome shalnot be disqualified from having custody of her children. In no caseshall custody of minor children be given to the perpetrator of awoman who is suffering from Battered woman syndrome.

Leave for victims of violence against women and theirchildren

SECTION 43.Entitled to Leave.Victims under this Act shall beentitled to take a paid leave of absence up to ten (10) days inaddition to other paid leaves under the Labor Code and CivilService Rules and Regulations, extendible when the necessityarises as specified in the protection order.

Any employer who shall prejudice the right of the person underthis section shall be penalized in accordance with the provisionsof the Labor Code and Civil Service Rules and RegulationsLikewise, an employer who shall prejudice any person for assistinga co-employee who is a victim under this Act shall likewise beliable for discrimination.

Conditions

1) the employee must present a certification from thePunong Barangay/Kagawad, prosecutor or the Clerk ofCourt as the case may be, that a case for violence againswomen and their children is pending

2) the availment of the ten day-leave shall cover only thedays when she has to attend to medical and legaconcerns

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