LESSON 3: Philippine Laws on Gender and Society Flashcards
also known as AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES
Republic Act 9262 Anti-Violence Against Women and Their Children Act of 2004
Republic Act 9262 was signed on May 8, 2004 by then[?], with full support of women’s rights and feminist groups.
President Gloria Macapagal-Arroyo
charges tougher penalties for abusive husbands and men and marks the declaration of the State’s valuation to “the dignity of women and children and guarantees full respect for human rights” (Sec. 2).
Anti-Violence Against Women and their Children Act (VAWC) of 2004
was the principal author of Senate Bill 2723 or the Anti- VAWC bill in the Senate
Senator Loi Ejercito
was the principal author of House Bill 5516 at the House of Representatives.
Rep. Bellaflor Angara-Castillo
which is the declaration of policy, avowed that, “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.”
Republic Act 9262, Section 2
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, or against her child whether legitimate or illegitimate, within or without the family abode, 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.
“Violence against women and their children”
refers to acts that include bodily or physical harm
A. “Physical Violence”
refers to an act which is sexual in nature, committed against a woman or her child.
B. “Sexual violence”
Rape, sexual harassment, acts of asciviousness, 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 or 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
B. “Sexual violence”
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
B. “Sexual violence”
Prostituting the woman or child.
B. “Sexual violence”
refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity.
C. “Psychological violence”
It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children.
C. “Psychological violence”
refers to acts that make or attempt to a woman financially dependent
D. “Economic abuse”
Withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code
D. “Economic abuse”
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
D. “Economic abuse”
Destroying household property
D. “Economic abuse”
Controlling the victims’ own money or properties or solely controlling the conjugal money or properties.
D. “Economic abuse”
refers to an act of inflicting physical harm upon the woman or her child resulting to the physical and psychological or emotional distress.
“Battery”
refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.
“Battered Woman Syndrome”
refers to 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.
“Stalking”
refers to 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.
“Dating relationship”
A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a
“Dating relationship”
refers to a single sexual act which may or may not result in the bearing of a common child.
“Sexual relations”
refers to any home or institution maintained or managed by the Department of Social Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by the DSWD for the purposes of this Act or any other suitable place the resident of which is willing temporarily to receive the victim.
“Safe place or shelter”
refers to those below eighteen (18) years of age or older but are incapable of taking care of themselves as defined under Republic Act No. 7610.
“Children”
As used in this Act, it includes the biological children of the victim and other children under her care.
“Children”
enumerated the following Acts of Violence Against Women and Their Children.
Republic Act 9262, Section 5
Causing physical harm to the woman or her child
Republic Act 9262, Section 5
Threatening to cause the woman or her child physical harm
Republic Act 9262, Section 5
Attempting to cause the woman or her child physical harm
Republic Act 9262, Section 5
Placing the woman or her child in fear of imminent physical harm
Republic Act 9262, Section 5
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. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman’s or her child’s movement or conduct
Republic Act 9262, Section 5
This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman’s or her child’s movement or conduct:
(1) Threatening to deprive or actually depriving the woman or her child of [?] to her/his family;
(2) Depriving or threatening to deprive the woman or her children of [?] legally due her or her family, or deliberately providing the woman’s children insufficient financial support;
(3) Depriving or threatening to deprive the woman or her child of a [?]; and
(4) Preventing the woman in engaging in any [?] or controlling the victim’s own money or properties, or solely controlling the conjugal or common money, or properties.
custody
financial support
legal right
legitimate profession, occupation, business or activity
Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions
Republic Act 9262, Section 5
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
Republic Act 9262, Section 5
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.
Republic Act 9262, Section 5
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. This shall include, but not be limited to, the following acts:
(1) [?] or following the woman or her child in public or private places;
(2) [?] in the window or lingering outside the residence of the woman or her child;
(3) [?] or remaining in the dwelling or on the property of the woman or her child against her/his will;
(4) [?] the property and personal belongings or inflicting harm to animals or pets of the woman or her child; and
(5) [?] in any form of harassment or violence.
Stalking
Peering
Entering
Destroying
Engaging
Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman’s child/children. (See full text of R.A. 9262, Appendix “”)
Republic Act 9262, Section 5
Towards this end, the State shall exert efforts to address violence committed against women and children in keeping with the fundamental freedoms guaranteed under the Constitution and the Provisions of the Universal Declaration of Human Rights, the convention on the Elimination of all forms of discrimination Against Women, Convention on the Rights of the Child and other international human rights instruments of which the Philippines is a party.
Republic Act 9262
The law defines violence against women and their children as a public crime. It provides for the security of the woman-complainant and her children through the availment of the barangay, temporary or permanent protection orders. It also identifies the duties of barangay officials, law enforces, prosecutors, court personnel, social welfare and health care providers and the LGUs to provide the necessary protection and support of VAWC victims.
Republic Act 9262
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES
Republic Act No. 7610
It is the policy of the State to provide special protection to children from all firms of abuse, neglect, cruelty exploitation and discrimination and other conditions, prejudicial their development; provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse, exploitation and discrimination.
Republic Act No. 7610
The State shall intervene on behalf of the child when the parent, guardian, teacher or person having care or custody of the child fails or is unable to protect the child against abuse, exploitation and discrimination or when such acts against the child are committed by the said parent, guardian, teacher or person having care and custody of the same.
Republic Act No. 7610