Violence against women and children

“Violence against women and children”

Human Rights Day is observed every 10th day of December of each year. This day commemorates the release of the Universal Declaration of Human Rights (UDHR) by the United Nations General Assembly in 1948. The UDHR is significant because it is an affirmation of the rights of a human being, such as liberty and equality, and the inalienability of a person’s rights without distinction for race, color, sex, language, religion, and political opinion, among others.

To this end, the Philippines, through the “Anti-Violence Against Women and their Children” (VAWC) Act of 2004, exerts its efforts to address violence committed against women and children. This is in keeping with the fundamental freedoms declared under the Constitution, the UDHR, the Convention on the Elimination of all forms of discrimination Against Women, and the Convention on the Rights of the Child (Section 2).

What is violence against women and children? It is an 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. A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a dating relationship (Section 3).

It may be committed by a former partner whose relationship with the victim has ended, but with whom he has a common child. It may also be committed against the woman’s child whether legitimate or illegitimate. It also includes situations wherein the parties live as husband and wife without the benefit of marriage or where they are romantically involved over time and on a continuing basis (Section 3).

The violence may result in physical, sexual, or psychological harm or suffering, and may also encompass economic abuse, threats of violence, battery, assault, coercion, harassment, or arbitrary deprivation of liberty (Section 3). Sexual violence may be committed against a woman or her child. It includes, but is not limited to, rape, sexual harassment, acts of lasciviousness, or treating a woman or her child as a sexual object (Section 3(a)A). \

Sexual violence may also include making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim’s body, or causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, or physical or other harm. Prostituting a woman or child is also within the definition of sexual violence (Section 3(a)A).

Republic Act No. 9262 also includes psychological violence. These are acts or omissions causing or are likely to cause the victim mental or emotional suffering, such as intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and marital infidelity, among others. 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 (Section 3(a)C).

Included as well is economic abuse or violence, which refers to acts that make or attempt to make a woman financially dependent on the other party. This includes the withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity (Section 3(a)D). Deprivation or the threat of deprivation of financial resources includes the deprivation to the use and enjoyment of the properties owned in common, such as condominium units or cars.

A kind of violence is “stalking,” which is 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 of the two (Section 3[d]). A child is someone who is below eighteen (18) years of age, or someone who is older but is incapable of taking care of themselves as defined under Republic Act No. 7610 (Section 3[h]).

The crime of VAWC may also be committed by: (a) threatening to deprive or actually depriving the woman or her child of custody to their family; (b) inflicting or threatening to inflict physical harm on oneself for the purpose of controlling the actions or decisions of the woman or child; (c) peering in the window or lingering outside the residence of the woman or her child; or (d) destroying the property and personal belongings or inflicting harm to the animals or pets of the woman or her child (Section 5).

The person committing VAWC under R.A. 9262 can be held civilly or criminally liable. The Regional Trial Court (RTC) designated as a Family Court shall have original and exclusive jurisdiction over cases of violence against women and their children under this law. In the absence of such a court in the place where the offense was committed, the case shall be filed in the RTC where the crime or any of its elements was committed at the option of the complainant (Section 7).

In criminal cases, in addition to imprisonment, the perpetrator shall: (a) pay a fine in the amount of not less than one hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (P300,000.00); and (b) undergo mandatory psychological counseling or psychiatric treatment (Section 6).

An application for a protection order is for the purpose of preventing further acts of violence against a woman or her child and granting other necessary reliefs (Section 8). It may also be filed as an independent action or as incidental relief in any civil or criminal case where the subject matter or issues thereof includes violence as described in Republic Act 9262 (Section 11).

The protection order, if granted, shall be enforced by law enforcement agencies. The protection orders that may be issued are the barangay protection order (BPO), temporary protection order (TPO), and permanent protection order (PPO). All TPOs and PPOs issued shall be enforceable anywhere in the Philippines (Section 12). Violation of any provision of a TPO or PPO shall constitute contempt under Rule 71 of the Rules of Court (Section 21).

An application for a TPO or PPO as a main action may be filed in the regional trial court, metropolitan trial court, municipal trial court, or municipal circuit trial court with territorial jurisdiction over the place of residence of the petitioner. However, if a family court exists in the place of residence of the petitioner, the application shall be filed with that court (Section 10).

Who may file a Petition for Protection Orders? This includes: (a) the offended party;”¨(b) parents or guardians of the offended party; (c) ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity; (d) officers or social workers of the DSWD or social workers of local government units (LGUs); (e) police officers, preferably those in charge of women and children’s desks; (f) punong barangay or barangay kagawad; (g) lawyer, counselor, therapist or healthcare provider of the petitioner; or (h) at least two (2) concerned responsible citizens of the city or municipality where the violence occurred and who have personal knowledge of the offense (Section 9).

The protection orders may be issued to prohibit the respondent from committing or threatening to: (a) commit acts of violence; (b) harass, annoy, contact or otherwise communicate with the petitioner; (c) remove and exclude the respondent from the residence of the petitioner; and (d) use or possess any firearm or deadly weapon. The respondent will be ordered to surrender the firearm or deadly weapon to the court for appropriate disposition (Section 8).

The court may direct the respondent to: (a) stay away from the petitioner and the designated family or household member accompanying the petitioner at a distance specified by the court; b) stay away from the latter’s residence, school, or place of employment; (c) allow the petitioner lawful possession and use of a car and other essential personal effects; or (d) provide support to the woman and/or her child, if entitled to legal support (Section 8).

The court may also grant temporary or permanent custody of a child/children to the petitioner, and restitution for actual damages caused by the violence inflicted, such as property damage, medical expenses, childcare expenses and loss of income (Section 8[i]). Any of the reliefs under the Protection Order shall be granted even in the absence of a decree of legal separation or annulment or declaration of absolute nullity of marriage (Section 8 [k]).

The woman victim of violence shall be entitled to the custody and support of her child/children. Children below seven (7) years old, or older but with mental or physical disabilities, shall automatically be given to the mother with the right to support, unless the court finds compelling reasons to order otherwise (Section 28). The perpetrator of the violence shall not be allowed to raise as defense that he was under the influence of alcohol, any illicit drug, or any other mind-altering substance (Section 27).

The protection of the mother is fundamental in strengthening the family as a basic social institution. The children should likewise be protected from violence because of their vital role in the nation’s future. Our society must be free from violence against women and children since women’s and children’s rights are human rights.