ONLINE LEC - APR 16 Flashcards
ANTI-TRAFFICKING OF PERSONS
ANTI VAWC
violence against women AND THEIR children.
what is the remedy available for a transexual/transgender?
found in other special penal laws (Bawal Bastos Act & Provisions of the RPC as the case may be)
Under VAWC, there is no pronouncment to the contrary other than the fact it refers to a biological woman.
“which result in or is likely to result in”
- not necessary to suffer actual injury.
you change the password of your cellphone and your woman is worried
emotional infidelity is under VAWC
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 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;
whatever is provided in “sexual violence” has the phrase but is not limited to:
‘treating a woman or her child as a sex object’
at any time during the sex, and the woman says “Stop”
any time a woman say no, it will be construed as forcing her toe engage in sexual intercourse. WOrse, you are committing marital rape
“Psychological 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. 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.
“stalking”
- not only ex relatinoship but also an on-going relationship.
- going
“It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family “
- u punch the brother of the child of the woman
- physical injuries (brother) and VAWC (for the child of the woman)
“Stalking” 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.
ECONOMIC ABUSE
refers to acts that make or attempt to make a woman financially dependent which includes, but is not limited to the following:
when is it a criminal case for vawc or petition civil case for support
- 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;
- 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.
“** attempt to make a woman financially dependent**”
- means to manipulate the woman to be economically dependent to him
- not all forms of refusal in engaging in any kind of profession is economic abuse. if it is justifiable then it is NOT (the business venture is not going to profit)
[2]
- mere fact of threat or attempt to makes the husband liable
-
[4]
- man doesn’t permit woman to use her credit card
on battery, read the case of Pp v. Genosa
- parricide case, SC ruled it as mitigating.
- but due to this case, battered woman syndrome is now exonerating and not mitigating (no need for IRL)
“Dating relationship” 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. A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a dating relationship.
[A]
no need to be live-in to be effective
“Sexual relations” refers to a single sexual act which may or may not result in the bearing of a common child.
every other act sexual in nature
SECTION 5
mere threat will fall under VAWC
e./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:”
the husband asks his wife or force her to compel from doing something that is against what they do not consent to
if woman is subjected to any of the abuses, what are her remedies or relief?
aside from prosecuting for VAWC she can file a civil case for a protection order (
when court is confronted for the issuance of a protection order, that would take PRIMARY importance in court. W/in 72 hours from filing, court will determine if it will grant/deny.
protection order is an intercolutory order
