REAL PROPERTIES (The World Heritage List)

By Siesta-friendly

We hear it every now and then, that this or that location is being considered as a World Heritage site. Is it just wishful thinking, tourism propaganda or are these sites really deemed worth the recognition? Before we enumerate those of our local wonders which actually made it to the World Heritage List, let’s get to know a little more about this list.

Based on the 1972 “Convention Concerning the Protection of the World Cultural and Natural Heritage”[1], the World Heritage List was set up to identify, preserve and present man-made and natural wonders of our world. Setting up, managing and updating the List is part of the mission of the United Nations Educational, Scientific and Cultural Organization (UNESCO) to ensure the protection of the world’s natural and cultural heritage.

Although each nation is responsible for its own cultural and natural treasures, the “Convention recognizes that such heritage constitutes a world heritage for whose protection it is the duty of the international community as a whole to co-operate.” (Article 6 (1)). Thus, once a creation (man-made or otherwise) is included in the List, access to “international assistance and co-operation, in particular, financial, artistic, scientific and technical” assistance, then becomes available (Article 4).

In any case, the prestige alone of being included in the List creates invaluable publicity and, of course, tourism.

Cultural and Natural Heritage

Although specific guidelines for inclusion in the List are set by the World Heritage Committee (as set forth later below), the basic definitions of the properties that form part of the world’s cultural and natural heritage have been laid down in the Convention.

Under Article 1, the following are considered as cultural heritage:

1) monuments: architectural works, works of monumental sculpture and painting, elements or structures of an archaeological nature, inscriptions, cave dwellings and combinations of features, which are of outstanding universal value from the point of view of history, art or science;

2) groups of buildings: groups of separate or connected buildings which, because of their architecture, their homogeneity or their place in the landscape, are of outstanding universal value from the point of view of history, art or science; and

3) sites: works of man or the combined works of nature and man, and areas including archaeological sites which are of outstanding universal value from the historical, aesthetic, ethnological or anthropological point of view.

Under Article 2, the following are considered as natural heritage:

1) natural features consisting of physical and biological formations or groups of such formations, which are of outstanding universal value from the aesthetic or scientific point of view;

2) geological and physiographical formations and precisely delineated areas which constitute the habitat of threatened species of animals and plants of outstanding universal value from the point of view of science or conservation; and

3) natural sites or precisely delineated natural areas of outstanding universal value from the point of view of science, conservation or natural beauty.

“Outstanding Universal Value” and the 10 Criteria for Inclusion

Reading the above definitions of property forming part of cultural and natural heritage, the one constant is that the property must be of outstanding universal value. The Committee, in its current Operational Guidelines, considers a property to be of outstanding universal value if it meets any 1 of the following 10 criteria[2]:

1) represents a masterpiece of human creative genius;

2) exhibits an important interchange of human values, over a span of time or within a cultural area of the world, on developments in architecture or technology, monumental arts, town-planning or landscape design;

3) bears a unique or at least exceptional testimony to a cultural tradition or to a civilization which is living or which has disappeared;

4) is an outstanding example of a type of building, architectural or technological ensemble or landscape which illustrates (a) significant stage(s) in human history;

5) is an outstanding example of a traditional human settlement, land-use, or sea-use which is representative of a culture (or cultures), or human interaction with the environment especially when it has become vulnerable under the impact of irreversible change;

6) directly or tangibly associated with events or living traditions, with ideas, or with beliefs, with artistic and literary works of outstanding universal significance. (The Committee considers that this criterion should preferably be used in conjunction with other criteria);

7) contains superlative natural phenomena or areas of exceptional natural beauty and aesthetic importance;

8 ) is an outstanding example representing a major stage of earth’s history, including the record of life, significant on-going geological processes in the development of landforms, or significant geomorphic or physiographic features;

9) is an outstanding example representing a significant on-going ecological and biological process in the evolution and development of terrestrial, fresh water, coastal and marine ecosystems and communities of plants and animals;

10) contains the most important and significant natural habitat for in-situ conservation of biological diversity, including those containing threatened species of outstanding universal value from the point of view of science or conservation.

Finally, also under the guidelines, a property to be deemed of outstanding universal value “must also meet the conditions of integrity and/or authenticity and must have an adequate protection and management system to ensure its safeguarding”.

So, now you know what exactly can get into the List. Let’s check which of our heritage have made it.

Philippine World Heritage Sites

To date, the Philippines has 5 properties included in the List (3 cultural and 2 natural)[3]. They are the ff: (You may click on each item to go to their respective UNESCO web pages.)

1. Baroque Churches of the Philippines (4 churches in Manila, Ilocos Sur, Ilocos Norte and Iloilo);

2. Rice Terraces of the Philippine Cordilleras (Ifugao)

3. Historic Town of Vigan (Ilocos Sur)

4. Tubbataha Reef Marine Park (Palawan)

5. Puerto-Princesa Subterranean River National Park (Palawan)

We must note that the Rice Terraces are also in another World Heritage List, a much shorter list comprising only 30 properties, but not exactly an elite club since it’s called the List of World Heritage in Danger. These are properties “threatened by serious and specific dangers” and “for the conservation of which major operations are necessary and for which assistance has been requested under this Convention.” (Article 11 (4))

Tentative List

Before being included in the List, before even being nominated for inclusion in the World Heritage List, the property must first be submitted as part of a nation’s Tentative List of Cultural and Natural Heritage.

The Philippines’ Tentative List is as follows, with their corresponding date of submission: (You may also click on each item to go to their respective UNESCO web pages.)

1) Agusan Marsh Wildlife Sanctuary (16/05/2006)

2) Angono Triglyphs (15/08/1993)

3) Apo Reef Natural Park (16/05/2006)

4) Baroque Churches of the Philippines (Extension) (16/05/2006)

5) Batanes Protected landscapes and seascapes (15/08/1993)

6) Butuan Archeological Sites (16/05/2006)

7) Chocolate Hills Natural Monument (16/05/2006)

8 ) Coron Island Natural Biotic Area (16/05/2006)

9) El Nido-Taytay Managed Resource Protected Area (16/05/2006)

10) Jesuit Churches of the Philippines (15/08/1993)

11) Kabayan Mummy Burial Caves (16/05/2006)

12) Ligawasan Marsh (16/05/2006)

13) Mt. Apo Natural Park (16/05/2006)

14) Mt. Iglit-Baco National Park (16/05/2006)

15) Mt. Malindang Range Natural Park (16/05/2006)

16) Mt. Matutum Protected Landscape (16/05/2006)

17) Mt. Pulag National Park (16/05/2006)

18 ) Neolithic Shell Midden Sites in Lal-lo and Gattaran Municipalities (16/05/2006)

19) Northern Sierra Madre Natural Park and outlying areas inclusive of the buffer zone(16/05/2006)

20) Paleolithic Archaeological Sites in Cagayan Valley (16/05/2006)

21) Panglao Island, Bohol (16/05/2006)

22) Petroglyphs and Petrographs of the Philippines (16/05/2006)

23) San Sebastian Church (16/05/2006)

24) Spanish Colonial Fortifications of the Philippines (16/05/2006)

25) Taal Volcano Protected landscape, Batangas (16/05/2006)

26) The Maranao Settlement of Tugaya (16/05/2006)

27) The Tabon Cave Complex and all of Lipuun (16/05/2006)

28 ) Tubbataha Reefs Natural Park (07/01/2008 )

29) Turtle Islands Wildlife Sanctuary (16/05/2006)

It may take a long while for any of these properties to jump from the Tentative List to the World Heritage List - the Angono stone carvings and the gorgeous Batanes landscapes have been on the Tentative List since 1993 – but that doesn’t make them any less the treasures and wonders that they are. At the very least, the Tentative List provides a very useful guide on what place to visit next!


[1] “UNESCO World Heritage Convention.” World Heritage. 27 July 2008. UNESCO. 27 July 2008 http://whc.unesco.org/en/conventiontext/.

[2] Par. 77, “The Operational Guidelines for the Implementation of the World Heritage Convention.” World Heritage. January 2008. Unesco. 27 July 2008 http://whc.unesco.org/archive/opguide08-en.pdf.

[3] “Philippines: Properties inscribed on the World Heritage List.” World Heritage. 27 July 2008. Unesco. 27 July 2008 http://whc.unesco.org/en/statesparties/ph.

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Sustained and Overruled (The how, when and why of making objections)

By Obiter07

It is the usual stuff of movies, the defense lawyer rising up to forcefully say “Objection, your honor” and then launching into an impassioned argument why a certain question must not be answered by the witness. And this is the one question that turns the tables on the prosecution such that his client is freed. It is fertile ground for theatrics by practitioners, particularly when the client is around. A lawyer does not seem to be earning his keep unless he speaks at lot during trial. And so it goes, but objections do serve a purpose in the dispensation of justice.

Objections can and should be made on quite a few occasions such as in the pleadings but this discussion will be limited to those made during the course of a trial. Objections are, in the main, covered by the Rules on Evidence (Rules 128 to 134, Rules of Court) which apply to both civil and criminal proceedings. The “rules of evidence shall be the same in all courts and in all trials and hearings, except as otherwise provided by law or these rules.” (2a) (Section 2, Rule 128)”

Types of Objections

The first rule for objections is that you must be quick to make them. An objection which is not made in a timely fashion may result in the admission of testimony or evidence which may be unfavorable to your case. Hence, a practitioner has to be quick and adept in identifying whether a question is proper or not, and registering any objection before it can be answered.

As stated in the Rules, “Objection to a question propounded in the course of the oral examination of a witness shall be made as soon as the grounds therefor shall become reasonably apparent.” (Section 36, Rule 132).

What are the typical objections? First would be the objection that the question is “leading.” Ordinarily, the facts should come from the witness. But a lawyer can phrase a question in such a way that it points to the answers that he wants to get. If in his question, the lawyer has somehow added facts not yet admitted, then the question is leading.

Objections can be made on the ground that the evidence sought is irrelevant, incompetent, or immaterial. The question’s logical and direct connection to the issue must be apparent. But relevancy, competency and materiality can still be established after the objection is sustained.[1]

A question can be objected to on the ground that it is vague. If your witness has already testified, you can object to a question if it has already been answered. This is just in case the witness makes a mistake and varies his answer, which can be taken against you.

Multiple questions and questions where the basis has not been laid can be objected to as well. You can object to a question if the witness is not competent to testify on a particular matter, if it is covered by privilege, that it calls for an opinion, that it is not covered by the pleadings, that the matter is not covered by the pleadings, is not the best evidence, calls for hearsay, or if the question is misleading.[2]

Objections that are sustained does not necessarily bar the evidence sought to be presented. But it can rattle your opponent no end if his questions are put on hold one after the other. Generally, counsel goes over the testimony of a witness before trial by following a set of questions to ask that are in order. Once his questions get caught by a valid objection, he may be hard pressed on how to establish the facts he aims to prove against you.

But your lawyer need not raise an objection all the time if it is the same type or class of questions previously objected to. He can make of record a continuing objection. “When it becomes reasonably apparent in the course of the examination of a witness that the question being propounded are of the same class as those to which objection has been made, whether such objection was sustained or overruled, it shall not be necessary to repeat the objection, it being sufficient for the adverse party to record his continuing objection to such class of questions.” (Section 37).

All is not lost, however, if the witness proves quicker to the draw, answering a question before an objection can be made. In such an instance, counsel can still ask that the question be stricken from the record. The Rules provide that should “a witness answer the question before the adverse party had the opportunity to voice fully its objection to the same, and such objection is found to be meritorious, the court shall sustain the objection and order the answer given to be stricken off the record.” Answers that are “incompetent, irrelevant, or otherwise improper” can also be stricken (Section 39).

While this is available, you cannot underestimate the damage that may be done by answers already given although stricken out at a later time. It is still more advisable that strong words against your case are never heard by the judge.

Ruling on an objection

The judge has to make a ruling “immediately after the objection is made, unless the court desires to take a reasonable time to inform itself on the question presented; but the ruling shall always be made during the trial and at such time as will give the party against whom it is made an opportunity to meet the situation presented by the ruling.” But the judge’s reason for “sustaining or overruling an objection need not be stated.” And it is only when the “objection is based on two or more grounds” that “a ruling sustaining the objection on one or some of them must specify the ground or grounds relied upon.” (38a) (Section 38, Rule 132)”

It is important that all the objections be made of record even if the trial judge disallows all or most of them. This is because even if he rules against you in the end, your objections may still be appreciated by the appellate court when it goes over the case file. You could argue in your appeal that the judge below erred in overruling your objections to the evidence which was allowed to be presented. But if the objections were not formalized, this makes it harder for you to argue the case before a higher court. Normally, the court then will only look at the records and if there is nothing there, your arguments will go for naught.

Excluded Evidence

What happens if the shoe is on the other foot, and you are unable to present testimony that would have bolstered your case due to your opponent’s objections? You have to make a “tender of excluded evidence,” and you do this by “stating for the record the name and other personal circumstances of the witness and the substance of the proposed testimony.” (n) (Section 40). A “tender” is important, for the same reason why objections should be made of record, as a tool for appeal.

The next time you get to watch a trial, you may now appreciate more how important objections are. A trial presents two sides of a story and objections get to dictate in some measure what details get to be heard and admitted by the court and how the story will end, with you either winning or losing.

[1] Jacinto, An Introduction to Trial Practice and Technique (1990), p. 221.

[2] Ibid, pp. 221-227.

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ABBA Week, Day 6: Cheating Gloria (Song dedicated to a certain Gloria and sung to the tune of “Chiquitita”[1])

By Siesta-friendly

Cheating Gloria, you are what’s wrong
Policies of greed and torture
In your hands there is no hope for the future
How we hate to suffer like this
Even if you always deny it
We all know economy is down the toilet

Cheating Gloria, we know the truth
Bribing people to protect you
Your best friend, is the one who gets most from you
You were always sure of yourself
Breaking laws left, right and whenever
We need you out so we can get our act together

Cheating Gloria, you and I know
How the powers come and they go and you’ll soon be leaving
You’ll be drinking to your end and our pain will end
We will make no time for grieving
Cheating Gloria, making us cry
With our money paying your debt and making us poorer
Let me hear you lie once more like you did before
Fake a data, Cheating Gloria
Lie once more like you did before
Spin your data, Cheating Gloria

When the walls come tumbling down
And our nation’s still the 3^rd world
All are gone and I’m sure you’re in the 1^st world
Cheating Gloria, we know the truth
Even if you always deny it
We all know economy is down the toilet

Cheating Gloria, you and I know
How the powers come and they go and you’ll soon be leaving
It’s too long ‘til 2010 when our pain will end
Until then we’ll be always grieving
Cheating Gloria, making us cry
Activists and journalists die, we’re crying for justice
Let me hear you lie once more like you did before
Propaganda, Cheating Gloria
Lie once more like you did before
Your agenda, Cheating Gloria
Lie once more like you did before
Who’ll believe ya, Cheating Gloria?

[1] ABBA. Chiquitita”. Voulez-Vous. Polar Music, 1979.

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ABBA Week, Day 5: No more Trooper (Song about a change in lifestyle and sung to the tune of “Super Trouper”[1])

By Siesta-friendly

Rising prices kill me
Can’t avoid the blues
thinking I have to
trade my SUV and commute

I was going broke every week
Whenever the fuel prices increase
Now that rising prices have been steep
Wishing it was slow but it wasn’t so
(wishing it was slow but it wasn’t so)
So imagine I was sad about increases
(sad about increases)
Suddenly I’m not alright
(and suddenly its gonna be)
And it’s gonna be so different
When I’m on the road tonight …

Tonight there’s
no more Trooper ride that’s gonna take me
guzzling so much gas
(no m-more Troop-p-per)
like it never has
(no m-more Troop-p-per)
’cause now all that is gone and past

Tonight there’s
no more Trooper ride that’s gonna cost me
But I won’t feel blue
(no m-more Troop-p-per)
Like I used to do
(no m-more Troop-p-per)
`cause now I’m saving money too

Be with twenty other commuters
How can anyone be so lonely
Hoping that someday it somehow ends
Still I’m thinking of saving money
(still I‘m thinking of saving money)
There are moments when I think I’m going crazy
(think I’m going crazy)
But it’s gonna be alright
(even though I’ve changed my ride)
Everything will be so different
When I’m on the road tonight

Tonight there’s
no more Trooper ride that’s gonna take me
guzzling so much gas
(no m-more Troop-p-per)
like it never has
(no m-more Troop-p-per)
’cause now all that is gone and past

Tonight there’s
no more Trooper ride that’s gonna cost me
But I won’t feel blue
(no m-more Troop-p-per)
Like I used to do
(no m-more Troop-p-per)
`cause now I’m saving money too

So I’ll be there and I’ll arrive
The sight of me will prove that it was worth the ride
And when I tell you what I‘ve saved
Don’t think I’m tight
I know that I have saved a lot tonight

Tonight there’s
no more Trooper ride that’s gonna take me
guzzling so much gas
(no m-more Troop-p-per)
like it never has
(no m-more Troop-p-per)
but now all that is gone and past

Tonight there’s
no more Trooper ride that’s gonna cost me
But I won’t feel blue
(no m-more Troop-p-per)
Like I used to do
(no m-more Troop-p-per)
`cause now I’m saving money too

[1] ABBA. “Super Trouper”. Super Trouper. Polar Music, 1980.

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ABBA Week, Day 4: Crony, Crony, Crony (Song reminder of the government culture and sung to the tune of “Money, Money, Money”[1])

By Siesta-friendly

They scheme all night, they plot all day, to pocket all the tax we pay
Makes us sad
And even if we make a fuss there’s still no money left for us
Makes us mad!
In their dreams they have a plan
To become much wealthy men
They have no care for all our fate ‘cause they can easily migrate …

Crony, crony, crony
Always hungry
Taking what they can
Always happy
Carrying out their plan
Aha-ahaaa
All the things that they do
To get every bit of money
In the government
In the government

Men like them easy to trace but never quite easy to chase
Makes us sad
And they want everything for free all paid for by the treasury
Makes us mad!
They must leave, They have to go
Otherwise we’ll be more poor
And be indebted ‘til the end even our great grandchildren …

Crony, crony, crony
Always hungry
Taking what they can
Crony, crony, crony
Always happy
Carrying out their plan
Aha-ahaaa
All the things that they do
To get every bit of money
In the government

Crony, crony, crony
Always hungry
Taking what they can
Crony, crony, crony
Always happy
Carrying out their plan
Aha-ahaaa
All the things that they do
To get every bit of money
In the government
In the government

[1] ABBA. “Money, Money, Money”. Arrival. Polar Music, 1976.

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ABBA Week, Day 3: Jovito (Song dedicated to a certain general and sung to the tune of “Fernando”[1])

By Siesta-friendly

Can you hear the cries Jovito?
It wasn’t too long ago another starry night like this
In our freedomfight Jovito
You ordered our execution to be done in the dark
No one heard the cries and screams
And sounds of torture that were coming from afar

You are closer now Jovito
Every hour every minute to last in hell eventually
You should be afraid Jovito
We were young and full of life and none of us prepared to die
And I’m not ashamed to say
The sound of guns and soldiers really made me cry

We were fighting for Equality
If you were bright, Jovito
You’d have fought with us for Honesty,
For Liberty, Jovito
Though we never thought that we could die
There’s no regret
If I had to do the same again
I would, dear Gen. Jovito
If I had to do the same again
I would, dear Gen. Jovito

When you’re old and grey Jovito
After many years have passed without a rifle in your hand
You’ll still hear the cries Jovito
You’ll recall the frightful night you ordered that we meet our end
I see evil in your eyes
How proud you were to fight our freedom in this land

We were fighting for Equality
If you were bright, Jovito
You’d have fought with us for Honesty,
For Liberty, Jovito
Though we never thought that we could die
There’s no regret
If I had to do the same again
I would, dear Gen. Jovito
If I had to do the same again
I would, dear Gen. Jovito

We were fighting for Equality
If you were bright, Jovito
You’d have fought with us for Honesty,
For Liberty, Jovito
Though we never thought that we could die
There’s no regret
If I had to do the same again
I would, dear Gen. Jovito
Yes, if I had to do the same again
I would, dear Gen. Jovito …

[1] ABBA. “Fernando”. Arrival. Polar Music, 1975.

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ABBA Week, Day 2: I Have A Scheme (Song reminder of what we taxpayers are up against and sung to the tune of “I Have A Dream”[1])

By Siesta-friendly

I have a scheme that may not bring
A bit of help to those paying
If you see me wander, dealing everywhere
You can always be sure I’m getting quite a share
I believe in patrons
And I know that they will protect me
I believe in patrons
Knowing they will benefit with me
I’ll push the deal … I have a scheme
I’ll push the deal … I have a scheme

I have a scheme, a deal to bring
much wealth to me and my family
And my percentage makes it worth my while
Pushing negotiations still another mile
I believe in patrons
And I know that they will protect me
I believe in patrons
Knowing they will benefit with me
I’ll push the deal … I have a scheme
I’ll push the deal … I have a scheme

I have a scheme that’s promising
To help me pay for anything
If you see me wander, working off my tail
You can always be sure I’ll never be in jail
I believe in patrons
And I know that they will protect me
I believe in patrons
Knowing they will benefit with me
I’ll push the deal … I have a scheme

[1] ABBA. “I Have A Dream”. Voulez-Vous. Polar Music, 1979.

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ABBA Week, Day 1: Mamma Mia! (Song dedicated to a certain Romy and sung to the tune of, well, “Mamma Mia”[1])

By Siesta-friendly

We’ve been cheated by you ever since NBN
‘Cause you never agreed she must come to an end
Look at you now, will you never learn
We don’t know how or why you accept control
Don’t you know you are losing your soul?
The gall it took to accept the reins
Of 1 more job from the same regime
Woh oh oh oh

Mamma Mia!
Here we go again
Romy, why can’t you resist her?
Mamma Mia!
Does it show again
Romy, why is it you need her?
We’re going broke and hungry
Poor without any money
Why, why can you never let her go?
Mamma mia, won’t you let us know
Romy, why she has a hold on you so?

We’ve been angry and sad about things that you do
We can’t count all the times that we thought she was through
And then you go, you claim you’re immune
From being told to disclose what you’ve known all along
Why can’t you be a little strong?
The gall it took to accept the reins
Of 1 more job from the same regime
Woh oh oh oh

Mamma Mia!
Here we go again
Romy, why can’t you resist her?
Mamma Mia!
Does it show again
Romy, why is it you need her?
We’re going broke and hungry
Poor without any money
Why, why can you never let her go?
Mamma mia, won’t you let us know
Romy, why she has a hold on you so?

Mamma mia!
Even if she says
Lie lie, won’t you say no to her?
Mamma mia!
Can’t you ever say,
‘Bye bye I’ll be gone forever’?
Mamma Mia!
Here we go again
Romy, why can’t you resist her?
Mamma Mia!
Does it show again
Romy, why is it you need her?
We’re going broke and hungry
Poor without any money
Why, why can you never let her go?
Mamma mia, won’t you let us know
Romy, why she has a hold on you so?

[1] ABBA. “Mamma Mia”. ABBA Album. Polar Music, 1975.

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WHEN A MAN HURTS A WOMAN (The Anti-Violence Against Women and Their Children Act of 2004)

By Obiter07

Although seemingly biased by singling out women and children, Republic Act No. 9262 (”Anti-Violence Against Women and Their Children Act of 2004″) in fact emphasizes that men, women and children have equal rights to protection. When a man raises his hand against his wife or child, or gets into the habit of doing so, the law can step in to stay his blows.

The Act penalizes a host of acts which a man can resort to in order to coerce, hurt, or otherwise abuse women. The law has seen fit to recognize that while everyone is equal, women and children can be at a great disadvantage when it comes to acts of violence, intimidation and pressure. It has recognized “the need to protect the family and its members particularly women and children, from violence and threats to their personal safety and security.” (Section 2)

And the law goes beyond the traditional family setting. It prohibits violence committed “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.xxx” (Section 3)

Acts of Violence

The law recognizes that these acts of violence against women and their children can be by physical violence, sexual violence, psychological violence, and economic abuse. (Section 2).

Specifically, these acts are as follows:

a) 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;”

b) 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.. This shall include, but not limited to, the following:

(1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family;

(2) Depriving or threatening to deprive the woman or her children of financial support legally due, or deliberately providing the woman’s children insufficient financial support;

(3) Depriving or threatening to deprive the woman or her child of a legal right;

(4) Preventing the woman in engaging in any legitimate profession or activity or controlling the victim’s own money or properties, or solely controlling the conjugal or common money, or properties;

c) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions;

d) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape,;

e) 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) Stalking or following the woman or her child in public or private places;

2) Peering in the window or lingering outside the residence of the woman or her child;

3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;

4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child; and

5) Engaging in any form of harassment or violence;

f) 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 or access to the woman’s child / children. (Section 5)

Prosecution

Significantly, the law states that violence against women and their children is a public offense. Hence, cases against the perpetrator may be prosecuted upon the filing of a complaint by any citizen having personal knowledge of the same. (Section 25)

And no man can claim the influence of alcohol, any illicit drug, or any other mind-altering substance as a defense from a prosecution under the Act. (Section 27)

Punishment

Violation is punished by imprisonment, the length of which varies depending on the gravity of the offense. If the acts are committed while the woman or child is pregnant or committed in the presence of her child, the penalty to be applied shall be the maximum period of the penalty prescribed.

In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than P100,000.00 but not more than P300,000.00; and (b) undergo mandatory psychological counseling or psychiatric treatment and report compliance to the court. (Section 6)

Any victim of violence shall be entitled to actual, compensatory, moral and exemplary damages. (Section 36)

Protection Order

Worth of note is that the law has also given recognition to a new type of relief called the “protection order” in any instance involving violence against women and their children.

The following are the forms of relief that may be sought against respondent:

a) Prohibition from threatening to commit or committing, personally or through another, any of the acts mentioned under Acts of Violence above;

b) Prohibition from harassing, annoying, telephoning, contacting or otherwise communicating with petitioner;

c) Removal and exclusion from petitioner’s residence, regardless of ownership of the residence, either temporarily to protect petitioner, or permanently where no property rights are violated, and if respondent must remove personal effects, a law enforcement agent shall accompany respondent;

d) Directing respondent to stay away from petitioner and designated family or household member at a distance specified by the court, and to stay away from the residence, school, place of employment, or any specified place frequented by petitioner and any designated family or household member;

e) Directing lawful possession and use by petitioner of an automobile and other essential personal effects, regardless of ownership, and directing a law enforcement officer to accompany petitioner to the residence to ensure that petitioner is safely restored to the possession of the same;

f) Granting a temporary or permanent custody of a child/children to petitioner;

g) Directing respondent to provide support to the woman and/or her child if entitled to legal support. The court shall order a percentage of respondent’s income to be withheld regularly by respondent’s employer for the same to be automatically remitted directly to the woman. Any delay in the remittance without justifiable cause shall render respondent or his employer liable for indirect contempt;

h) Prohibition from any use or possession of any firearm or deadly weapon and order him to surrender the same, including revocation of license and disqualification to apply for any license to use or possess a firearm;

i) Restitution for actual damages caused by violence inflicted, including, but not limited to, property damage, medical expenses, childcare expenses and loss of income;

j) Directing the DSWD or any appropriate agency to provide assistance petitioner may need; and

k) Provision of such other forms of relief as the court deems necessary provided petitioner and any designated family or household member consents to such relief. (Section 8 )

And, it can be applied for not only by the victim. As provided in Section 9, a “petition for protection order may also be filed by any of the following: (a) parents or guardians of the offended party; (b) ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity; (c) officers or social workers of the DSWD or social workers of local government units (LGUs); (d) police officers; (e) Punong Barangay or Barangay Kagawad; (f) petitioner’s lawyer, counselor, therapist or healthcare provider; (g) at least 2 concerned responsible citizens of the city or municipality where the violence occurred and who has personal knowledge of the offense committed.” A woman or a child is not left defenseless if at least two strangers decide to take a hand in the matter.

Such an order can be issued not only by the courts but even by the Punong Barangay through the “Barangay Protection Order.” The other orders are the temporary protection order (TPO) and permanent protection order (PPO) which are issued by the “regional trial court, metropolitan trial court, municipal trial court, municipal circuit trial court with territorial jurisdiction over petitioner’s place of residence.“ (Sections 8-10)

Every assistance is sought to be given to the victim. If they lack the means to get their own counsel, the Public Attorney’s Office (“PAO”) is mandated to assist them in the hearing the application for a protection order. If the applicant lacks resources due to the perpetrator’s acts, the PAO can likewise step in and act as counsel. A private practitioner can likewise offer free legal services to them (Section 13).

Battered Woman Syndrome

A woman who harms the perpetrator shall not incur any criminal and civil liability even if not all the elements of self-defense are present if she is found to be suffering from battered woman syndrome (Section 26). “Battered Woman Syndrome” refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.” (Section 3 (c ) )

The victim of violence shall be entitled to the custody and support of her child/children. Children below 7 years old or older but with mental or physical disabilities shall automatically be given to the mother, with right to support, unless the court finds compelling reasons to order otherwise. A victim who is suffering from battered woman syndrome shall not be disqualified from having custody of her children. In no case shall custody of minor children be given to the abuser. (Section 28 )

Other assistance

Barangay officials and law enforcers shall respond immediately; confiscate any deadly weapon; transport the victim/s to a safe place; assist the victim in removing personal belongs from the house; assist other government employees who respond to a call for help; ensure the enforcement of the Protection Orders; arrest the suspected perpetrator wiithout a warrant when necessary; and immediately report the call for assistance to the DSWD, LGUs or accredited non-government organizations (NGOs). (Section 30)

Any healthcare provider who suspects abuse or has been informed by the victim shall properly document the physical, emotional or psychological injuries; properly record any of the victim’s suspicions, observations and pther circumstances of the examination or visit; automatically provide the victim free of charge a medical certificate of the examination or visit; safeguard the records and make them available to the victim upon request at actual cost; and provide the victim immediate and adequate notice of rights and remedies provided under the Act, and services available to them. (Section 31)

In every case of violence against women and their children, any person, police authority or barangay official who, acting in accordance with law, responds or intervenes without using violence or restraint greater than necessary to ensure the safety of the victim, shall not be liable for any criminal, civil or administrative liability resulting therefrom. (Section 34)

When a man hurts a woman, all bets are off, the law has laid down necessary steps specifically to protect her and her children.

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