o March 08, 2004
o AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES
o Anti-Violence Against Women and Their Children Act of 2004″
It is hereby declared that the State values the dignity of women and children and guarantees full respect for human rights
To protect the family and its members particularly women and children, from violence and threats to their personal safety and security
DEFINITION OF TERMS
o VIOLENCE AGAINST WOMEN AND THEIR CHILDREN – any act or a series of acts committed by any person 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. It includes, but is not limited to, the following acts:
o PHYSICAL VIOLENCE – acts that include bodily or physical harm
SEXUAL VIOLENCE – an act which is sexual in nature, committed against a woman or her child, including but not limited to:
1.rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim’s body, forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser;
2.acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other harm or coercion;
3.Prostituting the woman or child.
o PSYCHOLOGICAL VIOLENCE – acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children
o ECONOMIC ABUSE – acts that make or attempt to make a woman financially dependent which includes, but is not limited to the following:
1.withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;
2.deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common;
3.destroying household property;
4.controlling the victims’ own money or properties or solely controlling the conjugal money or properties.
BATTERY – an act of inflicting physical harm upon the woman or her child resulting to the physical and psychological or emotional distress.
BATTERED WOMAN SYNDROME – scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.
STALKING – an intentional act committed by a person who, knowingly and without lawful justification follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a combination thereof.
DATING RELATIONSHIP – a situation wherein the parties live as husband and wife without the benefit of marriage or are romantically involved over time and on a continuing basis during the course of the relationship. A casual acquaintance or ordinary socialization between two individuals in a business or social context is not adating relationship.
SEXUAL RELATIONS – a single sexual act which may or may not result in the bearing of a common child
ACTS OF VIOLENCE AGAINST WOMEN AND THEIR CHILDREN (Sec. 5)
The crime of violence against women and their children is committed through any of the following acts:
1.Causing physical harm to the woman or her child;
2.Threatening to cause the woman or her child physical harm;
3.Attempting to cause the woman or her child physical harm;
4.Placing the woman or her child in fear of imminent physical harm;
5.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, or attempting to restrict or restricting the woman’s or her child’s freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or child. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman’s or her child’s movement or conduct:
VENUE (Sec. 7)
RTC designated as Family Court (EOJ)
A. PROTECTION ORDER (Sec. 8)
A protection order is an order issued under this act for the purpose of preventing further acts of violence against a woman or her child specified in Section 5 of this Act and granting other necessary relief.
1.Barangay protection order (BPO) (Sec. 14) – issued by the Punong Barangay ordering the perpetrator to desist from committing acts under Sec. 5 (a) and (b) of this Act
2.Temporary protection order (TPO) (Sec. 15) – issued by the court on the date of filing of the application after ex parte determination that such order should be issued; effective for 30 days
3.Permanent Protection order (PPO) (Sec. 16) – issued by the court after notice and hearing
B. WHO MAY FILE PETITION FOR PROTECTION ORDER (Sec. 9)
2.Parents or guardians of offended party
3.Ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity
4.Officers or social workers of the DSWD or social workers of LGUs
5.Police officers, preferably those in charge of women and children’s desks
6.Punong barangay or Barangay Kagawad
7.Lawyer, counsellor, therapist or healthcare provider of the petitioner
8.At least 2 concerned responsible citizens of the city or municipality where the violence against women and their children occurred and who has personal knowledge of the offense committed
C. WHERE TO APPLY FOR PROTECTION ORDER (Sec. 10)
•BPO – Rules on venue under Sec. 409 of LGC
•TPO/PPO – Family Court, or if none, RTC, MTC, MeTC, MCTC with territorial jurisdiction over the place of residence of petitioner
D. HOW TO APPLY FOR PROTECTION ORDER (Sec. 11)
1.Accomplish a standard protection order application form, signed and verified under oath by applicant
2.Filed as an independent action or as incidental relief
3.If applicant is not the victim, application must be accompanied by an affidavit of the applicant attesting to (a) the circumstances of the abuse suffered by the victim and (b) the circumstances of consent given by the victim for the filling of the application. When disclosure of the address of the victim will pose danger to her life, it shall be so stated in the application. In such a case, the applicant shall attest that the victim is residing in the municipality or city over which court has territorial jurisdiction, and shall provide a mailing address for purpose of service processing.
VI. BATTERED WOMAN SYNDROME AS A DEFENSE (Sec. 26)
Victim-survivors who are found by the courts to be suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of the elements for justifying circumstances of self-defense under the Revised Penal Code.
In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the time of the commission of the crime, the courts shall be assisted by expert psychiatrists/ psychologists.
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 perpetrator of a woman who is suffering from Battered woman syndrome