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RA 9262 (VAWC)

Republic Act 9262

Anti-Violence Against
Women and their Children’s
Act (Anti-VAWC)

Instructor Development Course


1
RA 9262 (VAWC)

Introduction

 The State values the dignity of women and


children and guarantees full support for
human rights and recognizes the need to
protect the family and its members
particularly women and children, from
violence and threats to their personal safety
and security.

Instructor Development Course 2


RA 9262 (VAWC)

Learning Goal:

 To provide the participants with the necessary


knowledge and skills on how to address the
widespread acts of violence directed against women
and their children and to protect the family and its
members from violence and threats to their women
and children’s safety and security.

Instructor Development Course 3


RA 9262 (VAWC)

Learning Objectives:
 At the end of this lesson, participants will be able to:

Define violence against women and children


Identify and enumerate the different acts of
violence
Identify who are the victims
Enumerate and discuss the Rights and Protection
granted to victims
Identify the different kinds of Protection Order
Discuss the cycle of violence
Instructor Development Course 4
RA 9262 (VAWC)

Effectivity of the RA 9262

 RA 9262 was signed into law by President


GMA on March 8, 2004 and became effective
on March 27,2004

 The IRR was approved and promulgated on


September 21, 2004

Instructor Development Course 5


RA 9262 (VAWC)

Definition: Violence Against


Women and Children
 Any act or a series of acts committed by any person

• Against a woman who may be:

 Wife/former wife of the abuser


 Abuser has or had sexual or dating relationship
 With whom the abuser has a common child

• Against a woman’s child, whether legitimate or


illegitimate

Instructor Development Course 6


RA 9262 (VAWC)

Definition: Violence Against


Women and Children
 the acts are committed within or outside the
family residence

 the acts result in or is likely to result in


physical, sexual, psychological harm or
suffering, economic abuse, threats of such
acts, battery, assault, coercion, harassment
or arbitrary deprivation of liberty

Instructor Development Course 7


RA 9262 (VAWC)

Acts of Violence

 Physical Violence
 Economic Abuse
 Psychological
 Sexual Violence

Instructor Development Course 8


RA 9262 (VAWC)

Physical Inflicting bodily or physical harm


Violence

Instructor Development Course 9


RA 9262 (VAWC)

Causing, threatening or attempting


to cause physical harm

Instructor Development Course 10


RA 9262 (VAWC)

Sexual  Any act that is sexual in nature


Violence

Instructor Development Course 11


RA 9262 (VAWC)

 ACTS OF LASCIVIOUSNESS

 RAPE
Instructor Development Course 12
RA 9262 (VAWC)

MAKING DEMEANING REMARKS

Treating a woman
or her child as a
sex object

Instructor Development Course 13


RA 9262 (VAWC)

Forcing the victim to


watch obscene
publications and
indecent shows;

Making sexually suggestive remarks


Instructor Development Course 14
RA 9262 (VAWC)

Forcing the victim to do indecent


acts or making film thereof;

Instructor Development Course 15


RA 9262 (VAWC)

Forcing the wife and


mistress to live in the
conjugal home

Prostituting the
victim

Instructor Development Course 16


RA 9262 (VAWC)

Psycholog Acts or omissions causing or likely to cause


mental or emotional suffering of the victim.
ical
Violence

Instructor Development Course 17


RA 9262 (VAWC)

INTIMIDATION

HARRASSMENT
Instructor Development Course 18
RA 9262 (VAWC)

DAMAGE TO PROPERTY

STALKING

Instructor Development Course 19


RA 9262 (VAWC)

PUBLIC RIDICULE

REPEATED
VERBAL ABUSE
Instructor Development Course 20
RA 9262 (VAWC)

MARITAL INFIDELITY

ALLOWING THE VICTIM TO


WITNESS ABUSIVE INJURY TO PETS
Instructor Development Course 21
RA 9262 (VAWC)

Deprivation of the right of


custody/visitation of
common children

Peering the window or


lingering outside the
home of the victim
Instructor Development Course 22
RA 9262 (VAWC)

Inflicting and threatening


harm on oneself to control
the victim’s action

Tresspassing in dwelling
of the victim

Instructor Development Course 23


RA 9262 (VAWC)

Acts that make or attempt to make a woman financially


dependent

Economic
Abuse

Instructor Development Course 24


RA 9262 (VAWC)

Preventing the victim


from engaging in any
legitimate profession,
occupation, business or
activity

WITHDRAWAL OF
FINANCIAL SUPPORT

Instructor Development Course 25


RA 9262 (VAWC)

Deprivation or threat of deprivation of


financial resources

Controlling the victim’s own money


Instructor Development Course 26
II. Acts of violence against women and
their children
A. Causing physical harm;

B. Threatening to cause physical harm;

C. Attempting to cause physical harm;

D. Placing in fear of imminent physical harm;


Acts of VAWC (Cont.)
E. Attempting to compel to engage in conduct
which they have the right to desist from,
shall include:

 Threatening to deprive or actually


depriving of custody;

 Depriving or threatening to deprive of


financial support;
Acts of VAWC (Cont.)
Depriving or threatening to deprive of a
legal right;

Preventing the woman in engaging in


any legitimate profession, occupation,
business or activity or controlling the
victim’s own money or properties, or
solely controlling the conjugal or common
money, or properties;
Acts of VAWC (Cont.)
F. Inflicting or threatening to inflict physical
harm on oneself;

G. Causing or attempting to engage in any


sexual activity;
Acts of VAWC (Cont.)
H. Engaging in purposeful, knowing, or reckless
conduct, that alarms or causes substantial
emotional or psychological distress, to include:

 Stalking;

 Peering in the window/lingering outside


the residences;

 Entering or remaining in the dwelling or


on the property against her/his will.
Acts of VAWC (Cont.)

 Destroying the property and personal


belongings; and
 Engaging in any form of harassment
or violence
I.Causing mental or emotional anguish,
public ridicule or humiliation.
RA 9262 (VAWC)

Who may be victims?

The Woman The child

Instructor Development Course 33


RA 9262 (VAWC)

Persons Liable

The husband The conspirator


The lover and the ex

Instructor Development Course 34


RA 9262 (VAWC)

Nature of VAWC

 It is a PUBLIC CRIME

 Can be filed by ANY CITIZEN having


personal knowledge of the
circumstances involving the
commission of the crime.

Instructor Development Course 35


RA 9262 (VAWC)

Battered Woman Syndrome


 The cyclical nature of the
violence inflicted upon the
battered woman immobilizes the
latter’s “ability to act decisively
in her own interests, making her
feel trapped in the relationship
with no means of escape.”
(Lenore Walker)

Instructor Development Course 36


RA 9262 (VAWC)

Battered Woman Syndrome

 refers to a scientifically defined


pattern of psychological and
behavioral symptoms found on
women living in battery
relationships as a result of
cumulative abuse.

Instructor Development Course 37


RA 9262 (VAWC)

Battered Woman Syndrome


as a Defense
 Do not incur criminal and civil liability

• Court shall determine the state of mind of the


victim through the assistance of expert
Psychiatrist/Psychologist

Instructor Development Course 38


RA 9262 (VAWC)

Rights and Protection Granted to


Victims under RA 9262

 To be treated with respect and dignity

 To be informed of their rights and services


available to them

 To be entitled to custody and support of


her children

Instructor Development Course 39


RA 9262 (VAWC)

Rights and Protection Granted to


Victims under RA 9262
 To avail of legal assistance from the
PAO or any other agency
 To ask for damages
 To apply for a hold-departure order
 To be exempt from payment of
docket fees, transcript of
stenographic notes, and other court
fees, if an indigent or if there is an
urgency to act upon the application
for a protection order
 To treat his/her case with
confidentiality
Instructor Development Course 40
RA 9262 (VAWC)

Rights and Protection Granted to


Victims under RA 9262
 To be entitled to support
services from the DSWD and
LGUs (temporary shelter,
counseling and psycho-social
services, recovery/rehabilitation
programs, livelihood assistance

 To be entitled to medical
assistance from the DOH

 To be entitled to paid leave of


absence from work up to ten
days

Instructor Development Course 41


RA 9262 (VAWC)

Rights and Protection Granted to


Victims under RA 9262
 TO BE ENTITLED TO A PROTECTION
ORDER

 Barangay Protection Order

 Temporary Protection Order

 Permanent Protection Order

Instructor Development Course 42


RA 9262 (VAWC)

Protection Orders
 An order issued for the purpose of preventing
further acts of violence against a woman or
her child.

 The relief granted under the protection order


should serve the purpose of safeguarding the
victim from further harm, minimizing any
disruption in the victim’s daily life, and
facilitating the opportunity and ability of the
victim to independently regain control over
her life

Instructor Development Course 43


RA 9262 (VAWC)

Barangay Protection Order

 Issued by the barangay

 Effectivity - 15 days

 Enforceable within the barangay

Instructor Development Course 44


RA 9262 (VAWC)

Temporary Protection Order

 The protection order issued by the court


immediately upon the filing of the
application, upon a finding that it should
be granted.

 It is issued without need for a hearing

Instructor Development Course 45


RA 9262 (VAWC)

Permanent Protection Order

 The protection order issued by the court


after notice and hearing

Instructor Development Course 46


RA 9262 (VAWC)

Who may apply for Protection


Order
 The offended party
 Parents or guardians of the offended
party
 Ascendants, descendants or collateral
relatives within the fourth civil degree of
consanguinity or affinity
 Officers or social workers of the DSWD
or social workers of LGUs

Instructor Development Course 47


RA 9262 (VAWC)

Who may apply for Protection


Order
 Police officers, preferably those in charge of
women and children’s desks
 Punong barangay or barangay kagawad
 Lawyer, counselor, therapist or healthcare
provider of the petitioner
 At least two concerned responsible citizens of
the city or municipality where the violence
against women and children occurred and who
have personal knowledge of the offense
committed

Instructor Development Course 48


RA 9262 (VAWC)

Prescriptive Period

 Sections 5(a) to 5(f) shall prescribe in 20


years

 Sections 5(g) to 5(i) shall prescribe in 10


years

Instructor Development Course 49


RA 9262 (VAWC)

A. Causing physical harm;

B. Threatening to cause physical harm;

C. Attempting to cause physical harm;

D. Placing in fear of imminent physical harm;

Instructor Development Course 50


RA 9262 (VAWC)

Prohibited Defense (Sec 27)

 Being under the influence of alcohol

 Any illicit drug

 Any mind-altering substance

Instructor Development Course 51


RA 9262 (VAWC)

Custody of Children (Sec 28)

 The woman victim of violence shall be


entitled to the custody and support of her
children.

 Children below 7 yrs old or older but with


mental or physical disabilities shall be
automatically be given to the mother

Instructor Development Course 52


RA 9262 (VAWC)

Custody of Children (Sec 28)

 The victim who is suffering from battered


wife syndrome shall not be disqualified
from having custody of her children.

Instructor Development Course 53


RA 9262 (VAWC)

Confidentiality (Sec44)

• Name
• Address
• Telephone number
• School/business address
• Employer
• Other identifying information
• Immediate family member

Instructor Development Course 54


RA 9262 (VAWC)

QUESTIONS????

Instructor Development Course 55


RA 9262 (VAWC)

THANK YOU!

Instructor Development Course 56


RA 8353 (ANTI-RAPE LAW))

Republic Act 8353

Anti-Rape Law of 1997

Instructor Development Course


57
RA 8353 (ANTI-RAPE LAW))

Lesson Goal:

 This lesson aims to provide the


participants with knowledge on RA 8353 and gain
understanding on the different modes of
committing rape.

Instructor Development Course 58


RA 8353 (ANTI-RAPE LAW))

Scope of Presentation

 Rape, when and how committed

 Qualifying/Aggravating circumstances of rape

 Effect of pardon

 Overt acts

 Duty of police officer in rape cases

 Rape shield

Instructor Development Course 59


RA 8353 (ANTI-RAPE LAW))

Background:

 Rape shall hereafter be classified as a Crime


against Persons.

Instructor Development Course 60


RA 8353 (ANTI-RAPE LAW))

I. Rape: When and How Committed


(RPC)
A. By a man who shall have carnal knowledge of a
woman under any of the following circumstances:

1. Through force, threat, or intimidation;


2. When the offended party is deprived of reason or
otherwise unconscious;
3. By means of fraudulent machination or grave
abuse of authority;
4. offended party is under twelve (12) years of age or
is demented,

Instructor Development Course 61


RA 8353 (ANTI-RAPE LAW))

I. Rape: When and How Committed


(RA 8353)
B. By any person who, under any of the
circumstances mentioned in paragraph 1 hereof,
shall commit an act of sexual assault

1. by inserting his penis into other person's mouth or


anal orifice,

2. Or by inserting any instrument or object, into the


genital or anal orifice of another person.

Instructor Development Course 62


RA 8353 (ANTI-RAPE LAW))

Rape: When and How Committed (Cont.)

Instructor Development Course 63


RA 8353 (ANTI-RAPE LAW))

Instructor Development Course 64


RA 8353 (ANTI-RAPE LAW))

Instructor Development Course 65


RA 8353 (ANTI-RAPE LAW))

II. AGGRAVATING AND QUALIFYING


CIRCUMSTANCES

A. Victim is under 18 years of age and the offender is


a parent, ascendant, step-parent, guardian, relative
by consanguinity or affinity within the third civil
degree, or the common-law spouse of the parent of
the victim.

B. Victim is under the custody of the police or military


authorities or law enforcement officer of any penal
institution.

Instructor Development Course 66


RA 8353 (ANTI-RAPE LAW))

C. The rape is committed in full view of the spouse,


parent, any of the children or other relatives within
the third civil degree of consanguinity.

D. Victim is a religious engaged in legitimate religious


vocation or calling and is personally known to be
such by the offender before or at the time of the
commission of the crime.

Instructor Development Course 67


RA 8353 (ANTI-RAPE LAW))

E. The victim is a child below 7 years old.

F. The offender knows that he is afflicted with


HIV/AIDS or any other sexually transmissible
disease and the virus or disease is transmitted to
the victim.

Instructor Development Course 68


RA 8353 (ANTI-RAPE LAW))

G. Committed by any member of the AFP or


paramilitary units thereof or the PNP or any law
enforcement agency or penal institution.

H. By reason or on the occasion of the rape, the victim


suffered permanent physical mutilation or disability.

Instructor Development Course 69


RA 8353 (ANTI-RAPE LAW))

I. The offender knew of the pregnancy of the


offended party at the time of the commission of the
crime.

J. The offender knew of the mental disability,


emotional disorder and/or physical handicap of the
offended party at the time of the commission of the
crime.

Instructor Development Course 70


RA 8353 (ANTI-RAPE LAW))

 Protective Measures
 The right to privacy of the offended party and the
accused shall be recognized;

 A closed-door investigation, prosecution or trial;

 The name and personal circumstances of the


offended party and/or the accused, or any other
information shall not be disclosed to the public.

Instructor Development Course 71


RA 8353 (ANTI-RAPE LAW))

Rape Shield

In prosecutions for rape, evidence of


complainant's past sexual conduct, opinion
thereof or of his/her reputation shall not be
admitted unless, and only to the extent that the
court finds, that such evidence is material and
relevant to the case.

Instructor Development Course 72


RA 8353 (ANTI-RAPE LAW))

 QUESTIONS????

Instructor Development Course 73


RA 7877

 Anti- Sexual Harassment Act of


1995
(RA 7877)

Instructor Development Course 74


RA 7877

Background:
The State shall:

Value the dignity of every individual;

Enhance the development of its human resources;

Guarantee full respect for human rights, and


uphold the dignity of workers, employees, applicants
for employment, students or those undergoing
training, instruction or education.

Instructor Development Course 75


RA 7877

I. SEXUAL HARASSMENT

Is committed in a work place by:


employer,

employee,

manager,

supervisor,

agent of the employer,

Instructor Development Course 76


RA 7877

Is committed in a learning or training


environment by;

teacher,

instructor,

professor,

coach,

trainer,

Instructor Development Course 77


RA 7877

or any other person who, having authority, influence


or moral ascendancy over another in a work or training
or education environment;

demands,requests or otherwise requires any sexual


favor from the other, regardless of whether the
demand, request or requirement for submission is
accepted.

Instructor Development Course 78


RA 7877

A. Work-related or Employment sexual


harassment is committed when:
 Sexual favor is made as a condition in the hiring or in
the employment, re-employment or continued
employment;

 Granting favorable compensation, terms of


conditions, promotions, or privileges;

Instructor Development Course 79


RA 7877

 Refusal to grant the sexual favor results in limiting or


segregating which would discriminate, deprive or
diminish employment opportunities;

 Would impair the employee's rights or privileges


under existing labor laws; or

 Result in an intimidating, hostile, or offensive


environment for the employee.

Instructor Development Course 80


RA 7877

B. Education or Training environment


sexual harassment is committed:
 Against one who is under the care, custody or
supervision of the offender;

 Against one whose education, training,


apprenticeship or tutorship is entrusted to the
offender;

Instructor Development Course 81


RA 7877

 Sexual favor is made a condition to the giving of a


passing grade, or the granting of honors and
scholarships, or the payment of a stipend, allowance
or other benefits, privileges, or consideration; or

 Sexual advances result in an intimidating, hostile or


offensive environment for the student, trainee or
apprentice.

Instructor Development Course 82


RA 7877

II. Duties and Responsibilities of the


Employer or Head of Office
A. Promulgate appropriate rules and regulations in
consultation with the employees or students or
trainees, prescribing the procedure for the
investigation of sexual harassment cases and the
administrative sanctions therefore.

B. Create a committee on decorum and investigation of


cases on sexual harassment.

Instructor Development Course 83


RA 7877

III. Liabilities of the Employer or


Head of Office

Shall be liable for damages arising from


the acts of sexual harassment committed in the
employment, education or training environment,
if they are informed of such acts by the offended
party and no immediate action is taken.

Instructor Development Course 84


RA 7877

IV. Penalties
 Imprisonment of not less than 1 month nor more
than 6 months;

 Fine of not less than P10,000 nor more than


P20,000; or

 Both at the discretion of the court.

 Any action arising from the violation of the provisions


of this Act shall prescribe in 3 years.

Instructor Development Course 85


RA 7877

 QUESTIONS????

Instructor Development Course 86


RA 9995 (ANTI-PHOTO

Anti-Photo and Video


Voyeurism Act of 2009
(RA 9995)

Instructor Development Course 87


RA 7877

Background:

 The State values the dignity and privacy


of every human person and guarantees full respect for
human rights.

Instructor Development Course 88


RA 7877

Instructor Development Course 89


RA 7877

Instructor Development Course 90

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