Read any expats discussion board, or flick thru our archives, and you’ll come throughout tales of foreigners falling foul of legal guidelines designed to protect ladies and kids. (Here is only one instance from our archives)
On the face of it, Republic Act 9262, or the Anti-Violence Against Women and Their Children Act of 2004, appears a laudable piece of laws to protect the vulnerable.
However, its phrases are so broad and sometimes sick outlined, vengeful girl or intelligent lawyer could carry a case towards just about any man concerned with a Filipina. To make issues worse, below the phrases of the act, a case will be introduced by anyone, whether or not or not they’re concerned in the relationship.
Among the offences outlined in the act are such obscure phrases as “making a woman a sex object”, “omissions likely to cause emotional suffering”, “public ridicule”, “economic abuse” and “peering in the window”.
So, it’s simple to think about how even the most conventional facets of a relationship could — with a bit bit of exaggeration or some downright lies — fall below some of these offences.
It’s little marvel that throughout the Philippines are overseas males who’ve discovered themselves languishing in jail for (typically unknown) offences coated by Act 9262.
So, right here is the act in full. It may be very lengthy, however a lot of it’s dry procedural stuff — the actually vital elements to tackle board are contained in sections two, three and 5.
So bear in mind, should you ever hear the dreaded 4 numbers of 9262, don’t hesitate — end up a lawyer, or get the hell out of Dodge.
The act in full:
REPUBLIC ACT 9262
“THE ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004”
SECTION 1. Short Title.- This Act shall be referred to as the “Anti-Violence Against Women and Their Children Act of 2004.”
SECTION 2. Declaration of Policy.- It is hereby declared that the State values the dignity of ladies and kids and ensures full respect for human rights. The State additionally acknowledges the want to protect the household and its members significantly ladies and kids, from violence and threats to their private security and safety.
Towards this finish, the State shall exert efforts to handle violence dedicated towards ladies and kids in step with the elementary freedoms assured below the Constitution and the Provisions of the Universal Declaration of Human Rights, the conference on the Elimination of all varieties of discrimination Against Women, Convention on the Rights of the Child and different worldwide human rights devices of which the Philippines is a celebration.
SECTION three. Definition of Terms.- As used on this Act:
(a) “Violence against women and their children” refers to any act or a collection of acts dedicated by any particular person towards a girl who’s his spouse, former spouse, or towards a girl with whom the particular person has or had a sexual or courting relationship, or with whom he has a typical baby, or towards her baby whether or not official or illegitimate, inside or with out the household abode, which lead to or is probably going to lead to bodily, sexual, psychological hurt or struggling, or financial abuse together with threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. It consists of, however just isn’t restricted to, the following acts:
A. “Physical Violence” refers to acts that embrace bodily or bodily hurt;
B. “Sexual violence” refers to an act which is sexual in nature, dedicated towards a girl or her baby. It consists of, however just isn’t restricted to:
a) Rape, sexual harassment, acts of lasciviousness, treating a girl or her baby as a intercourse object, making demeaning and sexually suggestive remarks, bodily attacking the sexual elements of the sufferer’s physique, forcing her/him to watch obscene publications and indecent exhibits or forcing the girl or her baby to do indecent acts and/or make movies thereof, forcing the spouse and mistress/lover to dwell in the conjugal house or sleep collectively in the identical room with the abuser;
b) Acts inflicting or making an attempt to trigger the sufferer to interact in any sexual exercise by power, menace of power, bodily or different hurt or menace of bodily or different hurt or coercion;
c) Prostituting the girl or baby.
C. “Psychological violence” refers to acts or omissions inflicting or doubtless to trigger psychological or emotional struggling of the sufferer corresponding to however not restricted to intimidation, harassment, stalking, harm to property, public ridicule or humiliation, repeated verbal abuse and marital infidelity. It consists of inflicting or permitting the sufferer to witness the bodily, sexual or psychological abuse of a member of the household to which the sufferer belongs, or to witness pornography in any kind or to witness abusive damage to pets or to illegal or undesirable deprivation of the proper to custody and/or visitation of widespread kids.
D. “Economic abuse” refers to acts that make or try to make a girl financially dependent which incorporates, however just isn’t restricted to the following:
1. Withdrawal of monetary help or stopping the sufferer from participating in any official occupation, occupation, enterprise or exercise, besides in instances whereby the different partner/associate objects on legitimate, critical and ethical grounds as outlined in Article 73 of the Family Code;
2. Deprivation or menace of deprivation of monetary assets and the proper to the use and delight of the conjugal, group or property owned in widespread;
three. Destroying family property;
four. Controlling the victims’ personal cash or properties or solely controlling the conjugal cash or properties.
(b) “Battery” refers to an act of inflicting bodily hurt upon the girl or her baby ensuing to the bodily and psychological or emotional misery.
(c) “Battered Woman Syndrome” refers to a scientifically outlined sample of psychological and behavioral signs present in ladies dwelling in battering relationships in consequence of cumulative abuse.
(d) “Stalking” refers to an intentional act dedicated by an individual who, knowingly and with out lawful justification follows the girl or her baby or locations the girl or her baby below surveillance instantly or not directly or a mix thereof.
(e) “Dating relationship” refers to a scenario whereby the events dwell as husband and spouse with out the profit of marriage or are romantically concerned over time and on a seamless foundation throughout the course of the relationship. An off-the-cuff acquaintance or abnormal socialization between two people in a enterprise or social context just isn’t a courting relationship.
(f) “Sexual relations” refers to a single sexual act which can or could not lead to the bearing of a typical baby.
(g) “Safe place or shelter” refers to any house or establishment maintained or managed by the Department of Social Welfare and Development (DSWD) or by some other company or voluntary group accredited by the DSWD for the functions of this Act or some other appropriate place the resident of which is keen briefly to obtain the sufferer.
(h) “Children” refers to these beneath eighteen (18) years of age or older however are incapable of taking care of themselves as outlined below Republic Act No. 7610. As used on this Act, it consists of the organic kids of the sufferer and different kids below her care.
SECTION four. Construction.- This Act shall be liberally construed to promote the safety and security of victims of violence towards ladies and their kids.
SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence towards ladies and their kids is dedicated by way of any of the following acts:
(a) Causing bodily hurt to the girl or her baby;
(b) Threatening to trigger the girl or her baby bodily hurt;
(c) Attempting to trigger the girl or her baby bodily hurt;
(d) Placing the girl or her baby in concern of imminent bodily hurt;
(e) Attempting to compel or compelling the girl or her baby to interact in conduct which the girl or her baby has the proper to desist from or desist from conduct which the girl or her baby has the proper to interact in, or making an attempt to limit or limiting the girl’s or her baby’s freedom of motion or conduct by power or menace of power, bodily or different hurt or menace of bodily or different hurt, or intimidation directed towards the girl or baby. This shall embrace, however not restricted to, the following acts dedicated with the objective or impact of controlling or limiting the girl’s or her baby’s motion or conduct:
(1) Threatening to deprive or really depriving the girl or her baby of custody to her/his household;
(2) Depriving or threatening to deprive the girl or her kids of monetary help legally due her or her household, or intentionally offering the girl’s kids inadequate monetary help;
(three) Depriving or threatening to deprive the girl or her baby of a authorized proper; and
(four) Preventing the girl in participating in any official occupation, occupation, enterprise or exercise or controlling the sufferer’s personal cash or properties, or solely controlling the conjugal or widespread cash, or properties.
(f) Inflicting or threatening to inflict bodily hurt on oneself for the objective of controlling her actions or choices;
(g) Causing or making an attempt to trigger the girl or her baby to interact in any sexual exercise which doesn’t represent rape, by power or menace of power, bodily hurt, or by way of intimidation directed towards the girl or her baby or her/his instant household;
(h) Engaging in purposeful, understanding, or reckless conduct, personally or by way of one other, that alarms or causes substantial emotional or psychological misery to the girl or her baby. This shall embrace, however not be restricted to, the following acts:
(1) Stalking or following the girl or her baby in public or non-public locations;
(2) Peering in the window or lingering exterior the residence of the girl or her baby;
(three) Entering or remaining in the dwelling or on the property of the girl or her baby towards her/his will;
(four) Destroying the property and private belongings or inflicting hurt to animals or pets of the girl or her baby; and
(5) Engaging in any kind of harassment or violence.
(i) Causing psychological or emotional anguish, public ridicule or humiliation to the girl or her baby, together with, however not restricted to, repeated verbal and emotional abuse, and denial of monetary help or custody of minor kids of entry to the girl’s baby/kids.
SECTION 6. Penalties.- The crime of violence towards ladies and their kids, below Sec. 5 hereof shall be punished in accordance to the following guidelines:
(a) Acts falling below Sec. 5(a) constituting tried, annoyed or consummated parricide or homicide or murder shall be punished in accordance with the provisions of the Revised Penal Code;
If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code; these constituting critical bodily accidents shall have the penalty of jail mayor; these constituting much less critical bodily accidents shall be punished by prision correccional; and people constituting slight bodily accidents shall be punished by arresto mayor;
Acts falling below Sec. 5(b) shall be punished by imprisonment of two levels decrease than the prescribed penalty for the consummated crime as laid out in the previous paragraph however shall in no case be decrease than arresto mayor;
(b) Acts falling below Sec. 5(c) and 5(d) shall be punished by arresto mayor;
(c) Acts falling below Sec. 5(e) shall be punished by prision correccional;
(d) Acts falling below Sec. 5(f) shall be punished by arresto mayor;
(e) Acts falling below Sec. 5(g) shall be punished by prision mayor;
(f) Acts falling below Sec. 5(h) and Sec. 5(i) shall be punished by prision mayor.
If the acts are dedicated whereas the girl or baby is pregnant or dedicated in the presence of her baby, the penalty to be utilized shall be the most interval of penalty prescribed in the Sec.
In addition to imprisonment, the perpetrator shall (a) pay a high-quality in the quantity of not lower than One hundred thousand pesos (P100,00zero.00) however no more than 300 thousand pesos (300,00zero.00); (b) bear necessary psychological counseling or psychiatric remedy and shall report compliance to the courtroom.
SECTION 7. Venue.- The Regional Trial Court designated as a Family Court shall have authentic and unique jurisdiction over instances of violence towards ladies and their kids below this legislation. In the absence of such courtroom in the place the place the offense was dedicated, the case shall be filed in the Regional Trial Court the place the crime or any of its parts was dedicated at the choice of the compliant.
SECTION eight. Protection Orders.- A safety order is an order issued below this act for the objective of stopping additional acts of violence towards a girl or her baby laid out in Sec. 5 of this Act and granting different needed aid. The aid granted below a safety order serve the objective of safeguarding the sufferer from additional hurt, minimizing any disruption in the sufferer’s every day life, and facilitating the alternative and talent of the sufferer to independently regain management over her life. The provisions of the safety order shall be enforced by legislation enforcement businesses. The safety orders that could be issued below this Act are the barangay safety order (BPO), non permanent safety order (TPO) and everlasting safety order (PPO). The safety orders that could be issued below this Act shall embrace any, some or all of the following reliefs:
(a) Prohibition of the respondent from threatening to commit or committing, personally or by way of one other, any of the acts talked about in Sec. 5 of this Act;
(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or in any other case speaking with the petitioner, instantly or not directly;
(c) Removal and exclusion of the respondent from the residence of the petitioner, regardless of possession of the residence, both briefly for the objective of defending the petitioner, or completely the place no property rights are violated, and if respondent should take away private results from the residence, the courtroom shall direct a legislation enforcement agent to accompany the respondent has gathered his issues and escort respondent from the residence;
(d) Directing the respondent to keep away from petitioner and designated household or family member at a distance specified by the courtroom, and to keep away from the residence, faculty, place of employment, or any specified place frequented by the petitioner and any designated household or family member;
(e) Directing lawful possession and use by petitioner of an car and different important private results, regardless of possession, and directing the applicable legislation enforcement officer to accompany the petitioner to the residence of the events to make sure that the petitioner is safely restored to the possession of the car and different important private results, or to supervise the petitioner’s or respondent’s elimination of private belongings;
(f) Granting a short lived or everlasting custody of a baby/kids to the petitioner;
(g) Directing the respondent to present help to the girl and/or her baby if entitled to authorized help. Notwithstanding different legal guidelines to the opposite, the courtroom shall order an applicable proportion of the revenue or wage of the respondent to be withheld recurrently by the respondent’s employer for the identical to be robotically remitted instantly to the girl. Failure to remit and/or withhold or any delay in the remittance of help to the girl and/or her baby with out justifiable trigger shall render the respondent or his employer responsible for oblique contempt of courtroom;
(h) Prohibition of the respondent from any use or possession of any firearm or lethal weapon and order him to give up the identical to the courtroom for applicable disposition by the courtroom, together with revocation of license and disqualification to apply for any license to use or possess a firearm. If the offender is a legislation enforcement agent, the courtroom shall order the offender to give up his firearm and shall direct the applicable authority to examine on the offender and take applicable motion on matter;
(i) Restitution for precise damages brought on by the violence inflicted, together with, however not restricted to, property harm, medical bills, childcare bills and loss of revenue;
(j) Directing the DSWD or any applicable company to present petitioner may have; and
(okay) Provision of such different varieties of aid as the courtroom deems needed to protect and supply for the security of the petitioner and any designated household or family member, supplied petitioner and any designated household or family member consents to such aid.
Any of the reliefs supplied below this Sec. shall be granted even in the absence of a decree of authorized separation or annulment or declaration of absolute ‘ity of marriage.
The issuance of a BPO or the pendency of an utility for BPO shall not preclude a petitioner from making use of for, or the courtroom from granting a TPO or PPO.
SECTION 9. Who could file Petition for Protection Orders. – A petition for cover order could also be filed by any of the following:
(a) The offended celebration;
(b) Parents or guardians of the offended celebration;
(c) Ascendants, descendants or collateral family members inside the fourth civil diploma of consanguinity or affinity;
(d) Officers or social staff of the DSWD or social staff of native authorities items (LGUs);
(e) Police officers, ideally these in charge of ladies and kids’s desks;
(f) Punong Barangay or Barangay Kagawad;
(g) Lawyer, counselor, therapist or healthcare supplier of the petitioner;
(h) At least two (2) involved accountable residents of the metropolis or municipality the place the violence towards ladies and their kids occurred and who has private data of the offense dedicated.
SECTION 10. Where to Apply for a Protection Order. – Applications for BPOs shall observe the guidelines on venue below Sec. 409 of the Local Government Code of 1991 and its implementing guidelines and rules. An utility for a TPO or PPO could also be filed in the regional trial courtroom, metropolitan trial courtroom, municipal trial courtroom, municipal circuit trial courtroom with territorial jurisdiction over the place of residence of the petitioner: Provided, nonetheless, That if a household courtroom exists in the place of residence of the petitioner, the utility shall be filed with that courtroom.
SECTION 11. How to Apply for a Protection Order. – The utility for a safety order have to be in writing, signed and verified below oath by the applicant. It could also be filed as an unbiased motion or as incidental aid in any civil or legal case the material or points thereof partakes of a violence as described on this Act. An ordinary safety order utility kind, written in English with translation to the main native languages, shall be made accessible to facilitate purposes for protections order, and shall comprise, amongst different, the following data:
(a) names and addresses of petitioner and respondent;
(b) description of relationships between petitioner and respondent;
(c) a press release of the circumstances of the abuse;
(d) description of the reliefs requested by petitioner as laid out in Sec. eight herein;
(e) request for counsel and causes for such;
(f) request for waiver of utility charges till listening to; and
(g) an attestation that there isn’t a pending utility for a safety order in one other courtroom.
If the candidates just isn’t the sufferer, the utility have to be accompanied by an affidavit of the applicant testifying to (a) the circumstances of the abuse suffered by the sufferer and (b) the circumstances of consent given by the sufferer for the filling of the utility. When disclosure of the handle of the sufferer will pose hazard to her life, it shall be so said in the utility. In such a case, the applicant shall attest that the sufferer is residing in the municipality or metropolis over which courtroom has territorial jurisdiction, and shall present a mailing handle for objective of service processing.
An utility for cover order filed with a courtroom shall be thought-about an utility for each a TPO and PPO.
Barangay officers and courtroom personnel shall help candidates in the preparation of the utility. Law enforcement brokers shall additionally lengthen help in the utility for cover orders in instances introduced to their consideration.
SECTION 12. Enforceability of Protection Orders. – All TPOs and PPOs issued below this Act shall be enforceable anyplace in the Philippines and a violation thereof shall be punishable with a high-quality starting from Five Thousand Pesos (P5,00zero.00) to Fifty Thousand Pesos (P50,00zero.00) and/or imprisonment of six (6) months.
SECTION 13. Legal Representation of Petitioners for Protection Order. – If the girl or her baby requests in the purposes for a safety order for the appointment of counsel as a result of of lack of financial means to rent a counsel de parte, the courtroom shall instantly direct the Public Attorney’s Office (PAO) to signify the petitioner in the listening to on the utility. If the PAO determines that the applicant can afford to rent the companies of a counsel de parte, it shall facilitate the authorized illustration of the petitioner by a counsel de parte. The lack of entry to household or conjugal assets by the applicant, corresponding to when the identical are managed by the perpetrator, shall qualify the petitioner to authorized illustration by the PAO.
However, a non-public counsel providing free authorized service just isn’t barred from representing the petitioner.
SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. – Barangay Protection Orders (BPOs) refer to the safety order issued by the Punong Barangay ordering the perpetrator to desist from committing acts below Sec. 5 (a) and (b) of this Act. A Punong Barangay who receives purposes for a BPO shall difficulty the safety order to the applicant on the date of submitting after ex parte willpower of the foundation of the utility. If the Punong Barangay is unavailable to act on the utility for a BPO, the utility shall be acted upon by any accessible Barangay Kagawad. If the BPO is issued by a Barangay Kagawad the order have to be accompanied by an attestation by the Barangay Kagawad that the Punong Barangay was unavailable at the time for the issuance of the BPO. BPOs shall be efficient for fifteen (15) days. Immediately after the issuance of an ex parte BPO, the Punong Barangay or Barangay Kagawad shall personally serve a replica of the identical on the respondent, or direct any barangay official to impact is private service.
The events could also be accompanied by a non-lawyer advocate in any continuing earlier than the Punong Barangay.
SECTION 15. Temporary Protection Orders. – Temporary Protection Orders (TPOs) refers to the safety order issued by the courtroom on the date of submitting of the utility after ex parte willpower that such order must be issued. A courtroom could grant in a TPO any, some or all of the reliefs talked about on this Act and shall be efficient for thirty (30) days. The courtroom shall schedule a listening to on the issuance of a PPO prior to or on the date of the expiration of the TPO. The courtroom shall order the instant private service of the TPO on the respondent by the courtroom sheriff who could acquire the help of legislation enforcement brokers for the service. The TPO shall embrace discover of the date of the listening to on the deserves of the issuance of a PPO.
SECTION 16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers to safety order issued by the courtroom after discover and listening to.
Respondents non-appearance regardless of correct discover, or his lack of a lawyer, or the non-availability of his lawyer shall not be a floor for rescheduling or suspending the listening to on the deserves of the issuance of a PPO. If the respondents seems with out counsel on the date of the listening to on the PPO, the courtroom shall appoint a lawyer for the respondent and instantly proceed with the listening to. In case the respondent fails to seem regardless of correct discover, the courtroom shall enable ex parte presentation of the proof by the applicant and render judgment on the foundation of the proof introduced. The courtroom shall enable the introduction of any historical past of abusive conduct of a respondent even when the identical was not directed towards the applicant or the particular person for whom the applicant is made.
The courtroom shall, to the extent attainable, conduct the listening to on the deserves of the issuance of a PPO in a single (1) day. Where the courtroom is unable to conduct the listening to inside one (1) day and the TPO issued is due to expire, the courtroom shall repeatedly lengthen or renew the TPO for a interval of thirty (30) days at every explicit time till remaining judgment is issued. The prolonged or renewed TPO could also be modified by the courtroom as could also be needed or relevant to handle the wants of the applicant.
The courtroom could grant any, some or all of the reliefs laid out in Sec. eight hereof in a PPO. A PPO shall be efficient till revoked by a courtroom upon utility of the particular person in whose favor the order was issued. The courtroom shall guarantee instant private service of the PPO on respondent.
The courtroom shall not deny the issuance of safety order on the foundation of the lapse of time between the act of violence and the submitting of the utility.
Regardless of the conviction or acquittal of the respondent, the Court should decide whether or not or not the PPO shall grow to be remaining. Even in a dismissal, a PPO shall be granted so long as there isn’t a clear displaying that the act from which the order would possibly come up didn’t exist.
SECTION 17. Notice of Sanction in Protection Orders. – The following assertion have to be printed in bold-faced sort or in capital letters on the safety order issued by the Punong Barangay or courtroom:
“VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW.”
SECTION 18. Mandatory Period For Acting on Applications For Protection Orders – Failure to act on an utility for a safety order inside the reglementary interval laid out in the earlier Sec. with out justifiable trigger shall render the official or choose administratively liable.
SECTION 19. Legal Separation Cases. – In instances of authorized separation, the place violence as specified on this Act is alleged, Article 58 of the Family Code shall not apply. The courtroom shall proceed on the essential case and different incidents of the case as quickly as attainable. The listening to on any utility for a safety order filed by the petitioner have to be carried out inside the necessary interval specified on this Act.
SECTION 20. Priority of Application for a Protection Order. – Ex parte and adversarial hearings to decide the foundation of purposes for a safety order below this Act shall have precedence over all different proceedings. Barangay officers and the courts shall schedule and conduct hearings on purposes for a safety order below this Act above all different enterprise and, if needed, droop different proceedings so as to hear purposes for a safety order.
SECTION 21. Violation of Protection Orders. – A grievance for a violation of a BPO issued below this Act have to be filed instantly with any municipal trial courtroom, metropolitan trial courtroom, or municipal circuit trial courtroom that has territorial jurisdiction over the barangay that issued the BPO. Violation of a BPO shall be punishable by imprisonment of thirty (30) days with out prejudice to some other legal or civil motion that the offended celebration could file for any of the acts dedicated.
A judgement of violation of a BPO ma be appealed in accordance to the Rules of Court. During trial and upon judgment, the trial courtroom could motu proprio difficulty a safety order because it deems needed with out want of an utility.
Violation of any provision of a TPO or PPO issued below this Act shall represent contempt of courtroom punishable below Rule 71 of the Rules of Court, with out prejudice to some other legal or civil motion that the offended celebration could file for any of the acts dedicated.
SECTION 22. Applicability of Protection Orders to Criminal Cases. – The foregoing provisions on safety orders shall be relevant in impliedly instituted with the legal actions involving violence towards ladies and their kids.
SECTION 23. Bond to Keep the Peace. – The Court could order any particular person towards whom a safety order is issued to give a bond to maintain the peace, to current two adequate sureties who shall undertake that such particular person won’t commit the violence sought to be prevented.
Should the respondent fail to give the bond as required, he shall be detained for a interval which shall in no case exceed six (6) months, if he shall have been prosecuted for acts punishable below Sec. 5(a) to 5(f) and never exceeding thirty (30) days, if for acts punishable below Sec. 5(g) to 5(i).
The safety orders referred to on this Sec. are the TPOs and the PPOs issued solely by the courts.
SECTION 24. Prescriptive Period. – Acts falling below Sec.s 5(a) to 5(f) shall prescribe in twenty (20) years. Acts falling below Sec.s 5(g) to 5(i) shall prescribe in ten (10) years.
SECTION 25. Public Crime. – Violence towards ladies and their kids shall be thought-about a public offense which can be prosecuted upon the submitting of a grievance by any citizen having private data of the circumstances involving the fee of the crime.
SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who’re discovered by the courts to be affected by battered girl syndrome don’t incur any legal and civil legal responsibility however the absence of any of the parts for justifying circumstances of self-defense below the Revised Penal Code.
In the willpower of the state of thoughts of the girl who was affected by battered girl syndrome at the time of the fee of the crime, the courts shall be assisted by skilled psychiatrists/ psychologists.
SECTION 27. Prohibited Defense. – Being below the affect of alcohol, any illicit drug, or some other mind-altering substance shall not be a protection below this Act.
SECTION 28. Custody of kids. – The girl sufferer of violence shall be entitled to the custody and help of her baby/kids. Children beneath seven (7) years outdated older however with psychological or bodily disabilities shall robotically be given to the mom, with proper to help, except the courtroom finds compelling causes to order in any other case.
A sufferer who’s affected by battered girl syndrome shall not be disqualified from having custody of her kids. In no case shall custody of minor kids be given to the perpetrator of a girl who’s affected by Battered girl syndrome.
SECTION 29. Duties of Prosecutors/Court Personnel. – Prosecutors and courtroom personnel ought to observe the following duties when coping with victims below this Act:
a) talk with the sufferer in a language understood by the girl or her baby; and
b) inform the sufferer of her/his rights together with authorized cures accessible and process, and privileges for indigent litigants.
SECTION 30. Duties of Barangay Officials and Law Enforcers. – Barangay officers and legislation enforcers shall have the following duties:
(a) reply instantly to a name for assist or request for help or safety of the sufferer by coming into the needed whether or not or not a safety order has been issued and guarantee the security of the sufferer/s;
(b) confiscate any lethal weapon in the possession of the perpetrator or inside plain view;
(c) transport or escort the sufferer/s to a protected place of their alternative or to a clinic or hospital;
(d) help the sufferer in eradicating private belongs from the home;
(e) help the barangay officers and different authorities officers and staff who reply to a name for assist;
(f) guarantee the enforcement of the Protection Orders issued by the Punong Barangy or the courts;
(g) arrest the suspected perpetrator wiithout a warrant when any of the acts of violence outlined by this Act is happening, or when he/she has private data that any act of abuse has simply been dedicated, and there may be imminent hazard to the life or limb of the sufferer as outlined on this Act; and
(h) instantly report the name for evaluation or help of the DSWD, social Welfare Department of LGUs or accredited non-government organizations (NGOs).
Any barangay official or legislation enforcer who fails to report the incident shall be responsible for a high-quality not exceeding Ten Thousand Pesos (P10,00zero.00) or each time relevant legal, civil or administrative legal responsibility.
SECTION 31. Healthcare Provider Response to Abuse – Any healthcare supplier, together with, however not restricted to, an attending doctor, nurse, clinician, barangay well being employee, therapist or counselor who suspects abuse or has been knowledgeable by the sufferer of violence shall:
(a) correctly doc any of the sufferer’s bodily, emotional or psychological accidents;
(b) correctly report any of sufferer’s suspicions, observations and circumstances of the examination or go to;
(c) robotically present the sufferer free of charge a medical certificates regarding the examination or go to;
(d) safeguard the data and make them accessible to the sufferer upon request at precise price; and
(e) present the sufferer instant and ample discover of rights and cures supplied below this Act, and companies accessible to them.
SECTION 32. Duties of Other Government Agencies and LGUs – Other authorities businesses and LGUs shall set up packages corresponding to, however not restricted to, schooling and data marketing campaign and seminars or symposia on the nature, causes, incidence and penalties of such violence significantly in direction of educating the public on its social impacts.
It shall be the obligation of the involved authorities businesses and LGU’s to guarantee the sustained schooling and coaching of their officers and personnel on the prevention of violence towards ladies and their kids below the Act.
SECTION 33. Prohibited Acts. – A Punong Barangay, Barangay Kagawad or the courtroom listening to an utility for a safety order shall not order, direct, power or in any approach unduly affect he applicant for a safety order to compromise or abandon any of the reliefs sought in the utility for cover below this Act. Sec. 7 of the Family Courts Act of 1997 and Sec.s 410, 411, 412 and 413 of the Local Government Code of 1991 shall not apply in proceedings the place aid is sought below this Act.
Failure to adjust to this Sec. shall render the official or choose administratively liable.
SECTION 34. Persons Intervening Exempt from Liability. – In each case of violence towards ladies and their kids as herein outlined, any particular person, non-public particular person or police authority or barangay official who, appearing in accordance with legislation, responds or intervenes with out utilizing violence or restraint larger than needed to guarantee the security of the sufferer, shall not be responsible for any legal, civil or administrative legal responsibility ensuing therefrom.
SECTION 35. Rights of Victims. – In addition to their rights below current legal guidelines, victims of violence towards ladies and their kids shall have the following rights:
(a) to be handled with respect and dignity;
(b) to avail of authorized help kind the PAO of the Department of Justice (DOJ) or any public authorized help workplace;
(c) To be entitled to help companies kind the DSWD and LGUs’
(d) To be entitled to all authorized cures and help as supplied for below the Family Code; and
(e) To be told of their rights and the companies accessible to them together with their proper to apply for a safety order.
SECTION 36. Damages. – Any sufferer of violence below this Act shall be entitled to precise, compensatory, ethical and exemplary damages.
SECTION 37. Hold Departure Order. – The courtroom shall expedite the course of of issuance of a maintain departure order in instances prosecuted below this Act.
SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. – If the sufferer is an indigent or there may be an instantaneous necessity due to imminent hazard or menace of hazard to act on an utility for a safety order, the courtroom shall settle for the utility with out cost of the submitting price and different charges and of transcript of stenographic notes.
SECTION 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC). -In pursuance of the abovementioned coverage, there may be hereby established an Inter-Agency Council on Violence Against Women and their kids, hereinafter referred to as the Council, which shall be composed of the following businesses:
(a) Department of Social Welfare and Development (DSWD);
(b) National Commission on the Role of Filipino Women (NCRFW);
(c) Civil Service Commission (CSC);
(d) Commission on Human rights (CHR)
(e) Council for the Welfare of Children (CWC);
(f) Department of Justice (DOJ);
(g) Department of the Interior and Local Government (DILG);
(h) Philippine National Police (PNP);
(i) Department of Health (DOH);
(j) Department of Education (DepEd);
(okay) Department of Labor and Employment (DOLE); and
(l) National Bureau of Investigation (NBI).
These businesses are tasked to formulate packages and tasks to eradicate VAW primarily based on their mandates in addition to develop functionality packages for his or her staff to grow to be extra delicate to the wants of their purchasers. The Council may also function the monitoring physique as regards to VAW initiatives.
The Council members could designate their duly approved consultant who shall have a rank not decrease than an assistant secretary or its equal. These representatives shall attend Council conferences of their behalf, and shall obtain emoluments as could also be decided by the Council in accordance with current finances and accounting guidelines and rules.
SECTION 40. Mandatory Programs and Services for Victims. – The DSWD, and LGU’s shall present the victims non permanent shelters, present counseling, psycho-social companies and /or, restoration, rehabilitation packages and livelihood help.
The DOH shall present medical help to victims.
SECTION 41. Counseling and Treatment of Offenders. – The DSWD shall present rehabilitative counseling and remedy to perpetrators in direction of studying constructive methods of dealing with anger and emotional outbursts and reforming their methods. When needed, the offender shall be ordered by the Court to submit to psychiatric remedy or confinement.
SECTION 42. Training of Persons Involved in Responding to Violence Against Women and their Children Cases. – All businesses concerned in responding to violence towards ladies and their kids instances shall be required to bear schooling and coaching to acquaint them with:
a. the nature, lengthen and causes of violence towards ladies and their kids;
b. the authorized rights of, and cures accessible to, victims of violence towards ladies and their kids;
c. the companies and services accessible to victims or survivors;
d. the authorized duties imposed on police officers to make arrest and to provide safety and help; and
e. methods for dealing with incidents of violence towards ladies and their kids that decrease the probability of damage to the officer and promote the security of the sufferer or survivor.
The PNP, in coordination with LGU’s shall set up an schooling and coaching program for police officers and barangay officers to allow them to correctly deal with instances of violence towards ladies and their kids.
SECTION 43. Entitled to Leave. – Victims below this Act shall be entitled to take a paid depart of absence up to ten (10) days as well as to different paid leaves below the Labor Code and Civil Service Rules and Regulations, extendible when the necessity arises as laid out in the safety order.
Any employer who shall prejudice the proper of the particular person below this Sec. shall be penalized in accordance with the provisions of the Labor Code and Civil Service Rules and Regulations. Likewise, an employer who shall prejudice any particular person for helping a co-employee who’s a sufferer below this Act shall likewise be responsible for discrimination.
SECTION 44. Confidentiality. – All data pertaining to instances of violence towards ladies and their kids together with these in the barangay shall be confidential and all public officers and staff and public or non-public clinics to hospitals shall respect the proper to privateness of the sufferer. Whoever publishes or causes to be revealed, in any format, the identify, handle, phone quantity, faculty, enterprise handle, employer, or different figuring out data of a sufferer or an instantaneous member of the family, with out the latter’s consent, shall be liable to the contempt energy of the courtroom.
Any one that violates this provision shall endure the penalty of one (1) yr imprisonment and a high-quality of no more than Five Hundred Thousand pesos (P500,00zero.00).
SECTION 45. Funding – The quantity needed to implement the provisions of this Act shall be included in the annual General Appropriations Act (GAA).
The Gender and Development (GAD) Budget of the mandated businesses and LGU’s shall be used to implement companies for sufferer of violence towards ladies and their kids.
SECTION 46. Implementing Rules and Regulations. – Within six (6) months from the approval of this Act, the DOJ, the NCRFW, the DSWD, the DILG, the DOH, and the PNP, and three (three) representatives from NGOs to be recognized by the NCRFW, shall promulgate the Implementing Rules and Regulations (IRR) of this Act.
SECTION 47. Suppletory Application – For functions of this Act, the Revised Penal Code and different relevant legal guidelines, shall have suppletory utility.
SECTION 48. Separability Clause. – If any Sec. or provision of this Act is held unconstitutional or invalid, the different Sec.s or provisions shall not be affected.
SECTION 50. Repealing Clause – All legal guidelines, Presidential decrees, govt orders and guidelines and rules, or elements thereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
SECTION 51. Effectivity – This Act shall take impact fifteen (15) days from the date of its full publication in not less than two (2) newspapers of common circulation.
Approved: March 08, 2004