RA 9262 Flashcards
Q: RA 9262, DEFINE “Violence against women and their children”
Answer:
- REFERS TO AN ACT or series of actc committed BY ANY PERSON against a women who is his:
a. wife
b. former wife
c. or against a women with whom the person has or had a sexual or dating relationship
d. or with whom he has a common child
e. or against her child whether legitimate or illegitimate
> within or without the family abode
> which will result in or is likely to result in:
a1. physical
a2. sexual
a3. psychological harm or suffering
a4. economic abuse
a5. including of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.
Q: What is the coverage and purpose of RA 9262?
Answer:
- Private sector women employees who are victims as defined in RA 9262 shall be entitled to the PAID LEAVE benefit under such terms and conditions prescribed therein.
Q: What is the purpose of RA 9262 leave benefit? [MeLe]
Answer:
- The leave benefit shall cover the days that the woman employee has to attend to MEDICAL and LEGAL concerns.
Q: The qualified victim-employee shall be entitled to a leave up to how many days? [10 days with full pay.]
Answer:
- 10 days with full pay.
- consisting of basic salary and mandatory allowances fixed by the Regional Wage Board, if any.
- The said leave shall be extended when the need arises, as specified in the protection order issued by the Barangay or the Court.
Q: RA 9262, what is the usage of this benefit?
A: The usage of the 10 days leave shall be at the option of the woman employee.
- In the event that the leave benefit is not availed of, it shall not be convertible into cash and shall not be cumulative.
Q: RA 9262, is the convertible into case? or if not availed of, is it cumulative?
A: No.
- In the event that the leave benefit is not availed of, it shall not be convertible into cash and shall not be cumulative.
Q: RA 9262, define “violence against women and their child”?
Answer:
- refers to any act or series of acts
- committed by ANY PERSON against a woman [2WiDS-2C] –> take note of whom he has a common child
> 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 [2P-SeE]
a. physical
b. sexual
c. psychological harm or suffering
d. economic abuse
– including threats of such acts [HABA-Co]
– battery
– assault
– coercion
– harassment
– or arbitrary deprivation of liberty
Q: RA 9262, violence against women and children may be committed by whom?
A: Any person.
Q: RA 9262, define PHYSICAL VIOLENCE? [BoP]
A: Refers to acts that include bodily or physical harm.
Q: RA 9262, define sexual violence? [sexual in nature] [FoP-SAR]
Answer:
1. [FoP-SAR]
(a) [SAR] Rape, sexual harassment, acts of lasciviousness
- treating a women 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 or him to watch obscene publications and indecent shows
- or forcing the woman or her child to do indecent acts and/or make films theref
- forcing the wife and mistress/ lover to live in the conjugal home or sleep together in the same
room with the abuser
(b) [Fo-HAT]
- Acts causing or attempting to cause the victim to engage in any sexual activity
a. by force
b. threat of force
c. physical or other harm
d. threat of physical or other harm
e. coercion
(c) [Prostituting] Prostituting the woman or child
Q: RA 9262, sexual violence, may be committed to whom?
Answer:
- committed against a women
- or her child
Q: RA 9262, define psychological violence? [MES] [HIDS-VIR]
Answer:
- 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
> 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
- Witness pornography in any form
- Witness abusive injury to pets or to
- Unlawful or unwanted deprivation of the right to custody and/or visitation of common children.
Q: RA 9262, define economic abuse?
Answer:
- Refers to acts that make or attempt to make a woman financially dependent
1. Withdrawal of financial support
> 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
- 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.
Q: RA 9262, what is battery?
A: Refers to an act of inflicting physical harm upon the woman or her child resulting to the physical and psychological or emotional distress.
Q: RA 9262, what is battered woman syndrome? [scientifically defined pattern]
A: Refers to a scientifically defined pattern of psychological and behavioral symptoms found in woman living in battering relationships as a result of cumulative abuse.
Q: RA 9262, what is stalking? [knowingly and without lawful justification]
A: Refers to an intention act committed by a person who:
- knowingly or without lawful justification
- follows a woman or her child
- or places the woman or her child under surveillance directly or indirectly of a combination thereof
Q: RA 9262, what is dating relationship?
A: refers to a situation wherein
- the parties live as husband and wife without the benefit of marriage
- romantically involved over time and on a continuing basis during the course of the relationship
Q: RA 9262, how about casual acquaintance or ordinary socialization between 2 individuals in a business or social context?
A: No. They are not qualified under the definition of sexual relationship.
Q: RA 9262, define sexual relations? [SSA]
A: Refers to a single sexual act which may or may not result in the bearing of a common child.
Q: RA 9262, What are the acts of violence against women and their children?
Q: RA 9262, What are the acts of violence against women and their children?
Answer:
1. Causing physical harm to the woman or her child
2. Threatening to cause the woman or her child physical harm
3. attempting to cause the woman or her child physical harm
4. 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 women or her child has the rigt to engage in
- attempting to restrict or restricting the woman’s or her child’s freedom of movement
- conduct by force or threat of force, physical or other harm
- or threat of physical or other harm
- intimidation directed against the woman of child
5. Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling
her actions or decisions
6. Causing or attempting to cause the women 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
7. Causing or attempting to cause the woman or her child to engage in any sexual activity w/c
does not constitute rape
- by force or threat of force
- physical harm
- intimidation directed against the woman or her child or her/his immediate family
8. 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
- stalking or following the women 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 violence
9. 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
- denial of financial support or custody of tof minor children of access to the woman’s child/
children
Q: RA 9262, what are the acts committed with the purpose or effect of controlling or restricting the woman’s or her child’s movement or conduct:
- 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
Q: RA 9262, What is venue for the violation of anti violence against women and children?
A: Regional Trial Court designated as a Family Court.
- In the absence of such court in the place where the offense was committed
- the case shall be filed in the RTC where the crime or any of its elements was committed at the option of the complainant.
Q: RA 9262, What is a protection order?
A: A protection order is an order issued under this act for the purpose of preventing further acts of violence against a woman or her child.
Q: RA 9262, What is the purpose of protection order? [DIRS]
- To serve as the purpose of safeguarding the victim from further harm
- minimizing any disruption in the victim’s daily life
- facilitating the opportunity and ability of the victim to independently regain control over her life
Q: Is the issuance of the Barangay Protection Order (BPO), or pendency of the BPO’s application, will preclude the petitioner from applying of TPO or PPO?
A: No.
Q: RA 9262, who may file petition for protection orders?
A: A petition for protection order may be filed by any of the following:
1. The offended party
2. Parents or guardian of the offended party
3. ascendants, descendants or collateral relatives within the 4th civil degree of consanguinity or affinity
4. officers or social workers of the DSWD or social workers of local government units (LGUs)
5. police officers, preferably those in charge of women and children’s desks
6. Punong Barangay or Barangay Kagawad
7. Lawyer, counselor, therapist or healthcare provider of the petitioner
8. At least 2 concerned responsible citizens of the city or municipality where the violence against women and their children occurred and who has personal knowledge of the offense committed.
Q: RA 9262, where to apply for a protection order, BPO?
A: Applications for BPOs shall follow the rules on venue under Section 409 of the Local Government Code of 1991 and its implementing rules and regulations.
Q: RA 9262, where to apply for TPO and PPO?
A: An application for a TPO or PPO may be filed in the
- Regional Trial Court
- Metropolitan Trial Court
- Municipal Trial Court
- Municipal Circuit Trial Court with territorial jurisdiction of the place of residence of the petitioner
*Provided, however, that if a family court exists in the place of residence of the petitioner, the application shall be filed with that court.
Q: RA 9262, How to apply for protection order?
- The application for a protection order must be in:
1. writing
2. signed
3. verified under oath by the applicant
Q: RA 9262 may it be filed as an independent and/or incidental relief in any civil or criminal case?
A: Yes.
- PO may be filed as an independent action or as incidental relief in any civil or criminal case the subject matter or issues thereof partakes of a violence as described in this Act.
Q: RA 9562, Enforceability of PO. Are all TPOs and PPOs issued under this Act shall be enforceable anywhere in the Philippines?
A: Yes
- All TPOs and PPOs issued under this Act shall be enforceable anywhere in the Philippines and a violation thereof shall be punishable with a fine ranging from 5K to 50K and/or imprisonment of 6 months.
Q: RA 9262, who may issue BPO? [Rule, Punong Brgy. — in absence of PB, Brgy. Kagawad]
- BPOs refer to the protection order issued by the Punong Barangay ordering the perpetrator to desist from committing acts under Section 5 (a) and (b).
Q: RA 9262, when does the punong brgy to issue the protection order to the applicant on the date of filing?
[ON THE DATE OF FILING after EX PARTE DETERMINATION OF THE BASIS OF THE APPLICATION.]
Answer:
- A punong brgy who receives applications for a BPO shall issue the protection order to the applicant ON THE DATE OF FILING after EX PARTE DETERMINATION OF THE BASIS OF THE APPLICATION.
Q: RA 9262, if the punong brgy is unavailable to issue BPO, who may issue alternatively?
A: If the punong brgy is unavailable to act on the application for a BPO, the application shall be acted upon by the Brgy. Kagawad that the Punong Brgy was unavailable at the time for the issuance of the BPO.
Q: RA 9262, what are the addtl documentary requirement/s should the BK instead of PB issued the BPO?
- If the BPO is issued by a Brgy. Kagawad the order must be accompanied by an ATTESTATION by the brgy. kagawad that the Punong Brgy was
- unavailable at the time of the issuance of the BPO.
Q: RA 9262, within what period is the BPO effective and valid?
A: BPOs shall be effective for 15 days.
Q: RA 9262, who serves BPOs?
A: BPOs shall be effective for 15 days.
- Immediately after the issuance of an ex parte BPO, the Punong Brgy. or Brgy. Kagawad shall personally serve a copy of the same of the respondent, or direct any brgy. official to effect its PERSONAL SERVICE.
Q: RA 9262, What is Temporary Protection Orders (TPO)?
- Refers to the protection order issued by the court on the date of filing of the application after ex parte determination that such order should be issued.
Q: RA 9262, how many days is TPO?
A: It shall be effective for 30 days.
Q: RA 9262, What is permanent protection orders? [Protection order after notice & hearing]
A: Permanent protection order refers to protection order issued by the court after notice and hearing.
Note: The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in 1 day.
- Where the court is unable to conduct the hearing within 1 day and the TPO issued is due to expire
- The court shall continuously extend or renew the TPO for a period of 30 days at each particular time until final judgment is issued.
- The extended or renewed TPO may be modified by the court as may be necessary or applicable to address the needs of the applicant.
Q: RA 9262, what is the period of effectivity of PPO?
Answer:
- PPO shall be effective until revoked by a court upon application of the person in whose favor the order was issued.
Note:
- 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.
- Even in a dismissal, a PPO shall be granted as long as there is no clear showing that the act from which the order might arise did not exist.
Q: RA 9262, what is the course of action if BPO has been violated?
- A complaint for a violation of a BPO issued under this Act must be filed directly with any
municipal trial court
metropolitan trial court
municipal circuit trial court
***that has territorial jurisdiction over the brgy. that issued the BPO.
Q: RA 9262, the violation of BPO may be appealed to?
- A judgment of violation of a BPO may be appealed according to the Rules of Court.
Q: RA 9262, in what ocassion may a protection order be issued without prior application?
A: During trial and upon judgment, the trial court may motu proprio issue a protection order as it deems necessary without need of an application.
Q: RA 9262, since TPO and PPO are issued by Court after trial and hearing; therefor, violations of either of them shall constitute contempt of court?
Q: RA 9262, since TPO and PPO are issued by Court after trial and hearing; therefor, violations of either of them shall constitute contempt of court?
Q: Is RA 9262 a public crime?
A: Violence against women and their children shall be considered a public offense with may be prosecuted upon the filing of a complaint by any citizen.
- HAVING PERSONAL KNOWLEDGE of the circumstances involving the commission of the crime.
Q: RA 9262, does a woman suffering from battered woman syndrome criminally liable?
[state of mind]
[AT THE TIME OF THE COMMISSION OF THE CRIME]
A: Upon the determination of the state of mind of the women who was sufferings from battered woman syndrome AT THE TIME OF THE COMMISSION OF THE CRIME.
- Victim-survivors who are found by the courts to be suffering from battered woman syndrome do not incur any criminal and civil liability.
- notwithstanding the absence of any of the elements for justifying circumstances of self-defense under the Revised Penal Code.
Q: RA 9262, what are the leave privileges? [10 days]
- Victims under this Act shall be entitled to take a paid leave of absence up to 10 days in addition of the Labor Code and Civil Service Rules and Regulations.
