SPECIAL PENAL LAWS: RA 9262: VIOLENCE AGAINST WOMEN AND CHILDREN

I. COVERAGE / ACTS PUNISHABLE Any act or series of acts by any person against his: a. b. c. d. Wife or former wife, or With whom he has/had a dating relationship, or With whom he has a common child, or Her child (whether legitimate or illegitimate)

CHILDREN a. b. Below 18, or Older than 18 but are incapable of taking care of themselves (as defined under RA 7610)

NOTE: the term includes biological children of the victim and other children under her care. BATTERED-WOMAN one who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to coerce her to do something he wants her to do without concern for her rights. INCLUDES: wives or women in any form of intimate relationship with men. TO BE CLASSIFIED AS SUCH: the couple must go through the battering cycle at least twice. Any woman may find herself in an abusive relationship once. If it occurs the second time, and she remains in such situation, she is a battered woman. COMMON PERSONALITY TRAITS: a. b. c. d. Low self-esteem Traditional beliefs about the home, the family and the female sex role The tendency to accept responsibility for the batterers actions, and False hopes that the relationship will improve.

Committed within or without the family abode Which result in or is likely to result in: a. b. Physical, sexual, psychological harm or suffering, or Economic abuse

Including: a. b. c. Threats of such acts Battery, assault, coercion, harassment or Arbitrary deprivation of liberty.

II. DEFINITION BATTERY inflicting physical harm upon the woman or her child resulting to physical and psychological/emotional distress. STALKING the intentional act by one who knowingly and without lawful justification: a. b. c. Follows a woman or her child or Places them under surveillance, directly or indirectly, or A combination thereof.

BATTERED-WOMAN SYNDROME this is characterized by the cycle of violence (more below). III. 4 KINDS OF VIOLENCE A. SEXUAL VIOLENCE 1. Rape, sexual harassment, acts of lasciviousness, treating a woman or her child as sex object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts, forcing to watch obscene publications and indecent shows, forcing to do indecent acts and/or make films thereof, forcing the wife and mistress to live in the conjugal home or sleep together in the same room with abuser. 2. Acts causing/attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical harm or coercion 3. Prostituting the woman or her child. B. PSYCHOLOGICAL VIOLENCE (those acts or omissions causing or likely to cause

DATING RELATIONSHIP a situation wherein unmarried parties a. b. Live as husband and wife or Are romantically involved over time and on a continuing basis during the course of a relationship.

NOTE: a casual acquaintance or ordinary socialization between two individuals in a business or social context is NOT a dating relationship (wag ka assuming). SEXUAL RELATIONS refers to a single sexual act which may or may not result in the bearing of a common child.

mental or emotional suffering of the victim) ACTS: intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and marital infidelity. INCLUDES: 1. Causing or allowing the victim-a. To witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs b. To witness pornography in any form, or c. To witness abusive injury to pets, or 2. Unlawful or unwanted deprivation of the right to custody and/or visitation of common children. C. ECONOMIC ABUSE (those that make or attempt to make a woman financially dependent) 1. Withdrawal of financial support or preventing the victim from engaging in legitimate profession, occupation, business or activity. EXCEPT: cases wherein the spouse/partner objects on valid, serious and moral grounds (ART 73 Family Code) 2. Deprivation or threat of deprivation of financial resources and the right to use and enjoyment of conjugal, community or property owned in common 3. Destroying household property 4. Controlling the victims own money/properties or solely controlling the conjugal money/properties D. BATTERING, ASSAULT, COERCION, HARRASSMENT OR ARBITRARY DEPRIVATION OF LIBERTY (BACHA) 1. Causing, threatening to cause, or attempting to cause physical harm 2. Placing in fear of imminent physical harm 3. a. Attempting to compel or compelling to engage in conduct which the woman/her child have the right to desist from, b. To desist from conduct which they have the right to engage in, or c. Attempting to restrict or restricting their freedom of movement (by force, threat, harm, intimidation)

INCLUDES: a. b. Threatening to deprive or deprive custody Depriving or threatening to deprive financial support or deliberately providing insufficient support Prevention of legitimate profession or control in own/common property/money

c.

4. Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions/decisions 5. Causing or attempting to cause engagement in any sexual activity not constituting rape, by force, physical harm or intimidation 6. Engaging in purposeful, knowing, or reckless conduct, personally or through another that alarms or causes substantial emotional/psychological distress. EX. stalking, peering in window or lingering outside of residence, entering/remaining in dwelling or property against her will, destroying property and personal belonging, inflicting harm on pets, engaging in any form of harassment/violence. 7. Causing mental/emotional anguish, public ridicule, humiliation, including repeated verbal and emotional abuse, denial of financial support IV. CYCLE OF VIOLENCE 3 PHASES: A. THE TENSION-BUILDING PHASE Minor battering occurs (verbal, physical or other hostile behavior). The woman tries to pacify the batterer but this passive behavior legitimizes her belief that the man has the right to abuse her. If violence spirals out of control, this leads to second phase. B. THE ACUTE BATTERING INCIDENT Characterized by brutality, destructiveness and, sometimes, death. The woman deems this incident as unpredictable, yet also inevitable. She has a sense of detachment from the attack and the pain. C. THE TRANQUIL-LOVING (NON-VIOLENT) PHASE (this begins when battering incident ends) The couple experiences profound relief. The batterer may show a tender and nurturing behavior towards partner.

*ADDITIONAL DETAILS-EFFECT ON THE WOMAN VICTIM: because of the recurring cycles, her state of mind metamorphoses. Overwhelming trauma could result in posttraumatic stress disorder. She may believe that she is helpless. She feels unsafe, suffers from anxiety, and usually fails to leave the relationship. NATURE OF DEFENSE: this is a form of self-defense which is a justifying circumstance. Where she is suffering from the syndrome, further evidence of actual physical assault at the time of the killing is not required. To require her to await an obvious, deadly attack before she can defend her life would amount to sentencing her to murder by installment. Still, impending danger prior to defendants use of deadly force must be shown. WHAT TO PROVE TO ABSOLVE OFFENDER: a. Each of the phases of cycle of violence must be proved to have characterized at least 2 battering episodes. b. The final acute battering episode preceding the killing of batterer must have produced in the battered persons mind an actual fear of imminent harm from batterer and an honest belief that she needed to use force in order to save her life. c. At the time of killing, the batterer must have probable not necessarily immediate and actual grave harm to accused based on the history of violence by the former against the latter. CONTINUOUS UNLAWFUL AGGRESSION the most essential element of self-defense. It presupposes actual, sudden and unexpected attack (or an imminent danger thereof) on life or safety of a person. IMPORTANT: the victim shall not incur any criminal liability despite the absence of any of the justifying circumstances under RPC. Decision in Genosa case was promulgated prior to RA 9262 and could have been different had the law been in effect at the time. IF SELF-DEFENSE FAILS, WHAT SHOULD BATTERED-WOMAN SYNDROME AMOUNT TO: 2 MITIGATING CIRCUMSTANCES a. Psychological paralysis - diminution of freedom of action, intelligence or intent analogous to illness that diminishes exercise of will power without depriving her of consciousness of her acts/

b. Passion and obfuscation of having acted upon an impulse so powerful as to have naturally produced passion and obfuscation (so powerful as to overcome reason). V. WHO MAY FILE FOR PROTECTION a. Offended party b. Parents/guardians of OP c. Ascendants, descendants or collateral relatives (within 4th civil degree of consanguinity or affinity) d. LGU or DSWD officers/social workers e. Police officers (preferably those in charge of women and childrens desks) f. Punong Barangay or Barangay Kagawad g. Lawyer, counselor, therapist or healthcare provider of petitioner h. At least 2 concerned responsible citizens of the city/municipality where violence occurred and has personal knowledge of the offense committed. VI. KINDS OF PROTECTION ORDERS (these are issued to prevent further acts of violence and granting necessary relief to be enforced by law enforcement agencies) a. BARANGAY PROTECTION ORDER issued by Punong Barangay ordering perpetrator to desist from committing the acts. TEMPORARY PROTECTION ORDER issued by the court on the date of the filing of the application after ex parte determination that such order should be issued. PERMANENT PROTECTION ORDER issued by the court after notice and hearing.

b.

c.

NOTE: Relief is granted even in absence of legal separation/annulment or declaration of nullity of marriage. RELIEFS: a. Prohibition of respondent from threatening to commit or committing (personally or through another) the acts Prohibition from harassing, telephoning, contacting or otherwise communicating (directly or indirectly) Removal and exclusion from residence (temporary or permanently) Directing to stay away from petitioner and family or household at a distance specified by court

b.

c. d.

e.

f. g. h.

i. j. k.

Directing lawful possession and use by petitioner of an automobile and other essential personal effects (regardless of ownership) Granting temporary/permanent custody of children to petitioner Directing respondent to provide support (court may order percentage of income) Prohibition of respondent from any use/possession of any firearm or deadly weapon and order him to surrender the same Restitution for actual damages Directing DSWD (or appropriate agency) to provide petitioner with needs Provision of such other forms of relief.

AYN RUTH NOTES

Protection is granted ex parte. Enforceable anywhere in the country. VII. VENUE/PENALTY/PRESCRIPTIVE PERIOD VENUE: a. b. RTC designated as Family Court (original and exclusive jurisdiction) In the absence of above, RTC where crime or any of its elements was committed (at the option of complainant)

PENALTY: a. b. c. FINE: P5,000-P50,000 IMPRISONMENT: 6 months BOTH

MAXIMUM PERIOD OF PENALTY IF-a. b. Committed while the woman/child is pregnant Committed in presence of child

IN ADDITION TO IMPRISONMENT, PERPETRATOR SHALL: a. b. Pay fine (not less than P100,000 but not more than P300,000) Undergo psychological counseling or psychiatric treatment and shall report compliance to court.

PRESCRIPTIVE PERIOD: a. b. BACHA 1-4 -- 20 years BACHA 5-6 10 years