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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