GENDER AND DEVELOPMENT

REPUBLIC ACT
NO. 9262
(ANTI-
VIOLENCE
AGAINST
WOMEN AND
THEIR
CHILDREN ACT
OF 2004)
WHAT IS R.A. 9262?
It is a law that:
defines violence against
women and their children
provides protective measures
for the victims
prescribes penalties
WHAT IS R.A. 9262?
It is based on the inalienable
right of women not to suffer
from discrimination and
violence, even in intimate
relationships.
WHAT IS R.A. 9262?

It defined violence against

women by their intimate
partners as a PUBLIC CRIME.
Who is covered by
this law?
- wife
- former wife
- a woman with whom a person
has or had a sexual or dating
relationship
Who is covered by
this law?
- a woman with whom a person
has a common child (legitimate
or otherwise, within or without
the family abode)
- the woman's child/ren
(legitimate or otherwise)
Who is covered by
this law?
Children those below 18 years
old, or those older than 18 but
are incapable of taking care of
themselves. They could be
biological children of the victim,
or those under her care.
Who is covered by
this law?
Dating relationship one in
which there is/was a romantic
involvement
Sexual relationship refers to
even a single sexual act that
may or may not result in the
bearing of a child
What are the kinds of
abuse?
A. Physical Violence
- acts that include bodily or
physical harm
What are the kinds of
abuse?
B. Sexual Violence
- acts that are sexual in nature,
committed against a woman or
her child
What are the kinds of
abuse?
C. Psychological Violence
- acts or omissions that cause or
may cause mental or emotional
suffering of the victim
What are the kinds of
abuse?
D. Economic Abuse
- acts that make or attempt to
make a woman financially
dependent on the perpetrator
 What are the crimes of
violence considered under
r.a. 9262?

1. Causing physical harm to the

woman or child
 What are the crimes of
violence considered under
r.a. 9262?

2. Threatening to cause physical

harm to the woman or child
 What are the crimes of
violence considered under
r.a. 9262?

3. Attempting to cause physical

harm to the woman or child
 What are the crimes of
violence considered under
r.a. 9262?

4. Placing the woman or child in

fear of imminent physical harm
 What are the crimes of
violence considered under
r.a. 9262?

5. Attempting to control or
restrict a woman or child's
conduct, including (but not
limited to):
 What are the crimes of
violence considered under
r.a. 9262?

a. Threatening to deprive or
actually depriving the woman or
her child of custody to his/her
family
 What are the crimes of
violence considered under
r.a. 9262?

b. Threatening to deprive or
actually depriving the woman or
her child of financial support, or
providing insufficient support
 What are the crimes of
violence considered under
r.a. 9262

c. Threatening to deprive or
actually depriving the woman or
her child of a legal right
 What are the crimes of
violence considered under
r.a. 9262?
d. Preventing the woman from
engaging in any legitimate
occupation, or controlling the
woman's own money and
properties, or solely controlling
the conjugal money and
properties
 What are the crimes of
violence considered under
r.a. 9262

6. Threatening to inflict or
inflicting physical harm on
oneself in order to control the
victim
 What are the crimes of
violence considered under
r.a. 9262?
7. Causing or attempting to
cause the woman or her child to
engage in any sexual activity
which does not constitute rape
through force or threat of force,
or intimidation directed against
the woman or child or his/her
immediate family
 What are the crimes of
violence considered under
r.a. 9262?

8. Engaging in purposeful,
knowing or reckless conduct that
causes emotional distress to the
woman or her child, including:
 What are the crimes of
violence considered under
r.a. 9262?

a. Stalking
b. Peering in the window or
lingering outside the residence
 What are the crimes of
violence considered under
r.a. 9262?

c. Entering or remaining in the

woman or child's home/property
against his/her will
 What are the crimes of
violence considered under
r.a. 9262

d. Destroying property and

personal belongings, or inflicting
harm to pets of the woman or
her child
 What are the crimes of
violence considered under
r.a. 9262?

e. Engaging in any form of

harassment or violence
 What are the crimes of
violence considered under
r.a. 9262?
9. Causing mental or emotional
anguish, public ridicule
including verbal and emotional
abuse, or denial of financial
support or custody of minor
children
 Prohibited defense

Being under the influence of

alcohol, any illicit drug, or any
other mind-altering substance is
NOT considered a suitable
defense.
 Which agency has
jurisdiction over cases of
violence?
The Regional Trial Court
designated as a Family Court. In
the absence of such court, the
case shall be filed in the
Regional Trial Court where the
crimed was committed, at the
option of the complainant.
What can women or children
do under the law?

The law allows them to secure

barangay protection order,
and/or temporary or permanent
protection orders.
What can women or children
do under the law?

They can also file an

independent civil suit for
damages, and criminal action for
the violation of the Act.
What is a protection order?

It is an order issued to prevent

further acts of violence against a
woman or her child, along with
other necessary relief.
What is a protection order?

The relief serves to safeguard

the victim/s from further harm,
to minimize disruption from her
daily life, and to give her the
opportunity to regain control of
her life.
Who may file the protection
order?

1. Offended party
2. Parents or guardians of the
offended party
3. Grandparents
Who may file the protection
order?

4. Children or grandchildren
5. Relatives (aunts, uncles,
cousins, in-laws)
6. Local officials and social
workers
Who may file the protection
order?

7. Police
8. Lawyers
9. Counselors
10. Therapists
Who may file the protection
order?
11. Health care providers
(nurses, doctors, barangay
health workers)
12. Any two people who came
from the city or municipality
where the violation happened,
and who have personal
knowledge of the crime.
 Where to apply for a
protection order?

A TPO or a PPO may be filed in

the RTC, metropolitan trial court,
municipal trial court, or
municipal circuit trial court
where the petitioner resides.
 Where to apply for a
protection order?

But IF a family court exists in the

petitioner's place of residence,
the application shall be filed
there.
 What are the kinds of
protection order?

Barangay Protection Order

(BPO) issued by the punong
barangay on the date of filing
after ex parte determination of
the basis of application.
 What are the kinds of
protection order?

In the absence of the punong

barangay, a barangay kagawad
may act on the application,
accompanied by attestation that
the punong barangay was
unavailable.
 What are the kinds of
protection order?

It shall be effective for 15 days.

The parties may be
accompanied by a non-lawyer
advocate.
 What are the kinds of
protection order?

Temporary Protection Order

(TPO) issued by the court,
after ex parte determination of
the complaint's basis
 What are the kinds of
protection order?

Effective for 30 days.

The court shall schedule a
hearing on the issuance of a PPO
before the TPO expires.
 What are the kinds of
protection order?

Permanent Protection Order

(PPO) issued by the court
after a hearing
 What are the kinds of
protection order?

Respondent's non-appearance or
lack of lawyer shall not be
grounds to reschedule the
hearing.
 What are the kinds of
protection order?
The hearing for the PPO shall
only be conducted in one day. If
that was not possible, the court
shall extend the TPO for another
30 days, and shall continue to
do so until final judgment is
granted.
What is the battered woman
syndrome?

Is a scientifically defined pattern

of psychological and behavioral
symptoms found in women
suffering from cumulative abuse.
What is the battered woman
syndrome?
It is diagnosed by a clinical
psychologist or psychiatric
expert.
The custody of any child/ren
from the relationship may still
be awarded to the woman,
despite the BWS diagnosis.
What is the battered woman
syndrome?

The custody will NOT be given to

the offender
battered woman syndrome
as a criminal defense?

Those found by the courts to be

suffering from BWS do not incur
any liability, despite the absence
of justifying circumstances for
self-defense.
What are the penalties for
committing vawc?
Imprisonment (term depends on
the gravity of the crime)
Damages in the 100,000 to
300,000 PhP range
Psychological counseling or
psychiatric treatment
Entitlement of victims to
work leave

Paid leave of absence up to 10

days, which may be extended as
the need arises (but no longer
paid)
GENDER AND DEVELOPMENT

DEPED CHILD
PROTECTION
POLICY
 DEPED CHILD PROTECTION
POLICY
DepEd Order No. 40, S. 2012
Policy and Guidelines on
Protecting Children in School
from Abuse, Violence,
Exploitation, Discrimination,
Bullying and Other Forms of
Abuse
 DEPED CHILD PROTECTION
POLICY
These guidelines are anchored
on:

Article 15, Section 3,

paragraph 2 of the 1987
Constitution impels the
State to defend the rights of
children
 DEPED CHILD PROTECTION
POLICY
These guidelines are anchored
on:

United Nations Convention on

the Rights of the Child most
complete treatise of
childrens rights ever
produced
 DEPED CHILD PROTECTION
POLICY
Aims to promote a zero-
tolerance policy for any act
of child abuse,
discrimination, exploitation,
violence, and other related
offenses
 DEPED CHILD PROTECTION
POLICY

Best Interest of the Child

most important
consideration in all decisions
and actions involving
children
 DEPED CHILD PROTECTION
POLICY
Best Interest of the Child
totality of circumstances and
conditions best suited for the
survival, protection and feelings of
security of the child, and most
encouraging to the child's
physical, mental and emotional
development.
 DEPED CHILD PROTECTION
POLICY
Best Interest of the Child it
also means the least detrimental
alternative for safeguarding the
growth and development of the
child.
(Section 4b of the Juvenile Justice
and Welfare Act of 2006 or R.A.
9344)
 DEPED CHILD PROTECTION
POLICY
Special Parental Authority
given to the school, its
administrators and teachers, or
the individual, entity or institution
engaged in child care, while the
child is under their supervision,
instruction or custody
 DEPED CHILD PROTECTION
POLICY

This applies to all authorized

activities, whether inside or
outside the premises of the
school or institution.
 DEPED CHILD PROTECTION
POLICY
In order for the school (and
its personnel) to protect
itself from liability, it must
prove that it exercised
caution at all times
(diligence of a good father
of a family)
 Who is a child?

- any person who is under 18

years of age
- anyone over 18 but is unable to
take care of him/herself
- a student who may be 18 or
older, but is still in school
 Who are children in school?

- bona fide students, pupils

or learners enrolled in the
basic education system
(irregular, regular,
transferee or repeater)
 Who are children in school?

- those who have been

temporarily out of school,
but are in the the school or
learning center's premises,
or are participating in
school-sanctioned activities
 Definition of other terms

School Personnel persons (singly or

collectively) employed by a public or
private school
This includes:
School head
Other school officials
Academic personnel
Other personnel
 Definition of other terms

Parents :
biological parents, step-
parents, adoptive parents,
common-law spouse or
partner of the parent
 Definition of other terms

Guardians or Custodians:
legal guardians, foster
parents, and other persons
(relatives or non-relatives)
who have physical custody
of the child
 Definition of other terms

School Visitor or Guest:

any person who visits the
school in an official capacity,
or any person found within
the school premises
 Definition of other terms

Child abuse maltreatment of

the child (habitual or not), which
includes:
a. psychological or physical abuse,
neglect, cruelty, sexual abuse,
and emotional maltreatment
 Definition of other terms

b. any act by words or

deeds that debases,
demeans, or degrades the
intrinsic worth and dignity of
a child as a human being
 Definition of other terms

c. unreasonable
deprivation of a child's
basic needs for survival,
like food or shelter
 Definition of other terms

d. failure to give immediate

medical treatment to an injured
child, which results in:
serious impairment of his/her
growth and development,
permanent incapacity,
or in his/her death
What are prohibited acts under
the cpp?
1. Discrimination against children
2. Child exploitation
3. Violence against children in school
4. Corporal punishment
6. Any analogous or similar acts
7. Bullying or peer abuse
What are prohibited acts under
the cpp?

2. Discrimination against children an act

of exclusion, distinction, restriction or
preference, based on:
Age, ethnicity, sex, sexual orientation
and gender identity, language, religion,
political or other opinion, national or
social origin, birth, being infected or
affected by AIDS, being pregnant, being
a child in conflict with the law, being a
child with disability
What are prohibited acts under
the cpp?

3. Child exploitation use of children for

someone else's benefit, resulting in unjust,
cruel and harmful treatment of the child
What are prohibited acts under
the cpp?

Two Main forms of Exploitation:

a. sexual abuse of a position of
vulnerability for sexual purposes
What are prohibited acts under
the cpp?

Two Main forms of Exploitation:

b. economic use of the child in work or
other activities, for the benefit of others
What are prohibited acts under
the cpp?

4. Violence against children in school

refers to a single act or a series of acts
committed by school administrators,
academic and non-academic personnel,
against a child
What are prohibited acts under
the cpp?

It includes, but is not limited to:

a. physical violence acts that inflict
bodily or physical harm, including
assigning tasks to children that are
hazardous to their well-being
What are prohibited acts under
the cpp?
It includes, but is not limited to:
b. sexual violence acts that are sexual in
nature, such as rape, object rape, acts of
lasciviousness, anything involving
pornography, acts that cause or attempt to
cause a child to engage in any sexual
activity even through inducements, gifts
or favors
What are prohibited acts under
the cpp?

It includes, but is not limited to:

c. psychological violence acts or
omissions that cause mental or emotional
suffering, such as public ridicule or
humiliation, deduction or threat of
deduction from grade or merit as a form of
punishment
What are prohibited acts under
the cpp?

It includes, but is not limited to:

d. other acts of violence any other act
(physical, psychological, or sexual) that is
prejudicial to the best interest of the child
What are prohibited acts under
the cpp?

5. Corporal punishment any punishment

for an alleged or actual offense, which is
carried out by a person of authority in the
school
What are prohibited acts under
Includes:
the cpp?
a. blows to any part of the child's body
b. striking of the face or head (no contact
zone)
c. pulling hair, shaking, twisting joints,
cutting or piercing skin, dragging, pushing,
or throwing of a child
d. making the child hold weights, or kneel
on pebbles, salt or anything similar, for an
extended period of time
What are prohibited acts under
the cpp?

Includes:
e. deprivation of a child's physical needs
f. deliberate exposure to fire, ice, alcohol,
sunlight, rain, urine, or other materials
that may cause discomfort or harm
g. tying up a child
What are prohibited acts under
Includes:
the cpp?
h. confinement, imprisonment, deprivation of
liberty
I. verbal abuse or assaults
j. forcing a child to wear a sign, to undress or
disrobe, or to put on anything that belittles or
humiliates
k. permanent confiscation of personal property,
except when it poses a danger to the child or
others
l. other analogous acts
What are prohibited acts under
the cpp?

6. Any analogous or similar acts other

acts of abuse committed by a student,
pupil, or learner, upon another student,
pupil, or learner of the same school, not
included in the provisions of bullying above
What are prohibited acts under
the cpp?

7. Bullying or peer abuse willful

aggressive behavior directed towards a
victim who may be younger, outnumbered,
weak, with disability, less confident, or
otherwise vulnerable
What are prohibited acts under
the cpp?

Bullying includes:
Threats, stalking, taking of property, public
humiliation, damage to property, physical
violence (which may or may not result to
harm or injury, with or without a weapon),
demanding sexual or monetary favors,
restraining the liberty or freedom of a child
What are prohibited acts under
the cpp?

Cyberbullying any conduct defined above

through electronic means, such as texting,
email, instant messaging, chatting,
internet, social networking websites, or
other platforms
Children now love luxury, they have bad
manners, contempt for authority, they
show disrespect for their elders, and they
love chatter in the place of exercise.
Children are now tyrants, not the servants
of their households. They no longer rise
when elders enter the room. They
contradict their parents, chatter before
company, gobble up dainties at the table,
cross their legs, and tyrannize over their
teachers.
Socrates, 469-399 BCE
How were YOU disciplined as a
child? Did you think it was
effective?
 Negative Strategies
Commands
Sit down and be quiet! Write 100 times, I
will not
waste my time on meaningless tasks.
Forbidding statements
Dont do that!
Explosive, angry statements
Youre in more trouble than you know.
 Negative Strategies

Criticizing statements
Is that the best you can do!
Threatening statements
If you dont stop talking, Ill send you to the
Principals office.
Belittling statements
When will you ever learn to write well?
Discipline is ... Punishment is ...
Giving children positive Being told only what NOT to do
alternatives

Acknowledging or rewarding Reacting harshly to misbehaviour

efforts and good behaviour

When children follow rules because they When children follow rules because they
are discussed and agreed upon are threatened or bribed

Consistent, firm guidance Controlling, shaming, ridiculing

Positive, respectful of the child Negative and disrespectful of the

child

Physically and verbally non-violent Physically and verbally violent and

aggressive
Discipline is ... Punishment is ...
Logical consequences that Consequences that are unrelated
are directly related to the and illogical to the misbehaviour
misbehaviour

When children must make amends When children are punished for
when their behaviour negatively hurting others, rather than shown
affects someone else how to make ammends

Understanding individual abilities, Inappropriate to the childs

needs, circumstances, and developmental stage of life;
developmental stages individual circumstances, abilities,
and needs are not taken into
consideration

Teaching children to internalize Teaching children to behave well

self-discipline only when they risk getting caught
doing otherwise
Discipline is ... Punishment is ...
Listening and modelling Constantly reprimanding children
for minor infractions causing them to tune
us out (ignore us; not listen to us)

Using mistakes as learning Forcing children to comply with

opportunities illogical rules just because you
said so

Directed at the childs behaviour, Criticizing the child, rather than

never the child your behaviour the childs behaviour you are
was wrong very stupid; you were wrong
Positive and Nonviolent Discipline
of Children

- based on the fundamental principle that

children are human beings with basic
human rights
Positive and Nonviolent Discipline
of Children

- set long-term goals or impacts that

teachers want to have on the students'
adult lives
Positive and Nonviolent Discipline
of Children

- use everyday situations and challenges

as opportunities to teach life-long skills
and values to students
 How to deal with misbehavior?

Be prompt, so the student will associate

the misbehavior with the consequences.
 How to deal with misbehavior?

State the reason. Make the student

understand why punishment is being
given.
 How to deal with misbehavior?

Set a limit. Tell the student how long the

consequence will last.
 How to deal with misbehavior?

Avoid empty threats. The student won't

respect you if you don't follow through.
 How to deal with misbehavior?

Scold in private. Take the student aside

before speaking to him about his
misdemeanor.
 How to deal with misbehavior?

Think before you act. The punishment

must fit the crime.
 Duties and responsibilities of the
school

Institute child protection policies and

procedures, and monitor compliance
 Duties and responsibilities of the
school

Adopt a child protection policy, and

organize and convene the Child Protection
Committee (CPC) of the school
 Duties and responsibilities of the
school

Conduct capacity building activities for the

members of the CPC and guidance
counselors/teachers
 Duties and responsibilities of the
school

Ensure that the participatory and other

rights of the children are respected and
upheld in all matters and procedures
affecting their welfare
 Duties and responsibilities of the
school

Coordinate with appropriate agencies,

offices and instrumentalities for
appropriate assistance and intervention
 Child protection committee
Composed of:
School head/administrator Chairperson
Guidance counselor/teacher Vice-chairperson
Teachers' representative (designated by Faculty
Club)
Parents' representative (designated by the PTA)
Students' representative (designated by the
Supreme Student Council)
Community representative (designated by the
Punong Barangay, preferably from the Barangay
Council for the Protection of Children)
 Functions of the Child protection
committee

a. Initiate information dissemination programs

and organize activities for the protection of
children
 Functions of the Child protection
committee

b. Establish a system for identifying students

who may be suffering from significant harm
based on any physical, emotional or behavioral
signs
 Functions of the Child protection
committee

c. Monitor the implementation of positive

measures and effective procedures in providing
the necessary support for the child and for those
who care for the child
 Functions of the Child protection
committee

d. Ensure that the childrens right to be heard are

respected and upheld in all matters and
procedures affecting their welfare
 Functions of the Child protection
committee

e. The CPC shall accomplish an Intake Sheet to

assess both the victims and the offenders and
report actions taken on the case
 PREVENTIVE MEASURES
Capacity Building of School Officials, Personnel,
Parents &
Students

Conduct sessions, trainings and seminars on

positive peer relationships and enhancement of
social and emotional competence
 PREVENTIVE MEASURES
Capacity Building of School Officials, Personnel,
Parents &
Students

Use training modules which include positive and

non-violent discipline in classroom management
and gender sensitivity
 PREVENTIVE MEASURES
Protective & Remedial Measures to
Address Bullying and Other Acts of Abuse by a
Pupil,
Student or Learner

Report all bullying incidents to the school head.

 procedure
Protective & Remedial Measures to
Address Bullying and Other Acts of Abuse by a
Pupil,
Student or Learner

1. Report all bullying incidents to the school

head.
2. School head will inform the parents of the
pupils concerned and a meeting will be held for
that purpose.
3. The student will be referred to the CPC for
counseling and other interventions.
 procedure
Protective & Remedial Measures to
Address Bullying and Other Acts of Abuse by a
Pupil,
Student or Learner

4. The school may impose non-punitive measures

in accordance with the principles of positive and
non-violent discipline.
5. Punitive measures will be a last resort.
 procedure
Protective and Remedial Measures to Address
Corporal Punishment and Other Acts of Violence
Committed by
School Personnel

1. Swift investigation and reporting of cases

2. School head or the Schools Division
Superintendent will forward the complaint within
48 hours to the Disciplining Authority, who shall
order a fact-finding investigation, not later than
72 hours from submission
 procedure
Protective and Remedial Measures to Address
Corporal Punishment and Other Acts of Violence
Committed by
School Personnel

3. If the respondent is a non-teaching personnel,

the Schools Division Superintendent shall order a
fact-finding investigation within the same period;
4. Criminal and civil liability does not prevent the
filing of an administrative case
5. The Revised Rules of Procedure of DepED in
administrative cases shall apply in all other
aspects
 procedure
Protective and Remedial Measures to Address
Corporal Punishment and Other Acts of Violence
Committed by
School Personnel

6. The identity of the pupil or student shall

remain confidential
7. The identity of a respondent-teacher shall
likewise be kept confidential.
 Assessment & Referral of Victims to
the Local Social
Welfare and Development Office or
LSWDO

The School Head may refer the victims and

offenders to the local social welfare and
development office (LSWDO) for assessment and
appropriate intervention.
 Assessment & Referral of Victims to
the Local Social
Welfare and Development Office or
LSWDO

The CPC will coordinate closely with the Women

and Child Protection Desks of the PNP, the
LSWDO, other government agencies and NGOs,
as may be appropriate.
 Reporting and Monitoring System

1. The Intake Sheets will be forwarded to

the DepEd Division Office.
2. The DepEd Division Office will
consolidate the reports on incidents and
cases of all schools and submit a Division
Report to the Regional Office.
 Reporting and Monitoring System

3. The DepEd Regional Office will consolidate the

reports on incidents and cases of the Division
Offices within the region and submit a Regional
Report to the Undersecretary for Legal and
Legislative Affairs.
4. The Central Office will be the Central
Repository of Regional Reports .
1. Getting the students attention before you begin
class
2. Using direct instruction (tell them exactly what will
be happening)
3. Making assumptions
4. Making accusations without proof
5. Getting up and walking around the classroom
6. Using physical force
7. Commanding
8. Acting in the way that you want the children to act
(modelling)
9. Generalizing about a students behaviour
10. Publicly comparing one child to another
11. Enriching your classroom environment
12. Anticipating problems
13. Insisting that you are right and acting superior
14. Establishing clear and consistently enforced rules