Through her reddish eyes, covered with popping lids, one could sense a nightlong fall of tears; through her arms decorated with uneven red-violet patches, one could sense cruelty from a superior strength; and through her haggard face, one could sense misery she’s been into for the last segment of her life.
Faith has cursed life a couple of decade now. She calls it “inferno on earth”. Her Calvary started when she got married at the age of 22.
She, indeed, had powerless vocal chords in the family – no rights to freely avail and exercise. Her lips were sealed with silent agony and her hearts was turned between uprising and inexistence. All that she can do is to let tears flow – night and day – and ask for mercy and salvation, for her kids and for herself, until one day she bumped with an old friend and high school classmate, Promise.
The latter was a law student. He invited her for a coffee. At first, she was hesitant, but driven by a voice from nowhere, she agreed for a brief chat.
The caption of the book he was holding caught her attention: “Protect our Women and Children Act”. Promise is a sensitive guy. He handled the book to Faith as a gift when they parted.
WHAT IS R.A. 9262?
A product of almost a decade of advocacy of victim-survivors, human rights advocates, non-government organization (NGO’s) and other government organizations led by the National Commission on the Role of Filipino Women, RA 9262, otherwise known as :Anti-Violence Against Women and Children” was enacted in 2004.
... females status in society, in a sense that all the women do is to stay at home and ... sacred in many societies and religions.Hence the women would be given the privilege of staying at ... female counterparts. Given these characteristics, it sure makes sense that the male would be preferred to step ... .The many biological differences between the men and women sure make this situation desirable. It has been ...
Studies by UNICEF in 2000 revealed that nearly fifty percent of women suffered from domestic violence, making it the most prevalent form of gender-based oppression. Philippines situation is not an exception to this. Cognizant of the alarming existence of such problem therefore, and in compliance with the obligations of the Philippine Government under the convention on the Elimination of Discrimination Against Women (CEDAW) which was ratified in 1981 R.A. 9262 was enacted by the Senate and by the House of the Representatives of the Philippines.
WHO ARE PROTECTED UNDER THE LAW? WHO IS LIABLE?
Legal protection had made available for WOMEN who suffered from an act or series of acts committed against her by any person who is her husband, former husband, or a person with whom she has or a person with whom she has or had sexual or dating relationship, or a person whom she has common child. Likewise, protection has been made available, by expressed provision of the law, to her child, whatever legitimate or illegitimate, within or without the family abode.
WHAT ARE THE ACTS PUNISHABLE?
The law protects women and their children against acts of violence inflicted to them, as provided in:
“SECTION 5. Acts of Violence Against Women and Their Children.-The crime of violence against women and their children is committed through any of the following acts:
“(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical harm;
(c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical harm;
(e) 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:
... violence often directly results in physical injury and / or psychological harm to children.Second, even when domestic violence does not result direct physical injury to the child ... to increase public awareness. Ten years later the Violence Against Women Act of 1994 (VAWA) was passed, reflecting ... in VAWA a new legislative proposal, the Violence Against Women Act of 1999 had been introduced in Congress. ...
(1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family;
(2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman’s children insufficient financial support;
(3) Depriving or threatening to deprive the woman or her child of a legal right;
(4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victim’s own mon4ey or properties, or solely controlling the conjugal or common money, or properties;
(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions;
(g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family;
(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another that alarms or causes substantial emotional or psychological distress to the woman or her child.
1) Stalking or following the woman or her child in public or private places;
(2) Peering in the window or lingering outside the residence of the woman or her child;
(3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;
(4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child; and
(5) Engaging in any form of harassment or violence;
(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman’s child/children. “
... house keeper and / or the sole care taker of their children. Women were usually considered as being inferior in the past due ... intelligence. Childhood is also heavily influenced by the "Norm." Because children are considered to be intellectually inferior to adults they were ... to reproduce. One compliments the other, in this case. Religion acts as a secondary explanation of biology. This causes people to ...
HOW DO WE PREVENT FURTHER ACTS OF VIOLENCE AGAINST THE VICTIMS?
Majority of the women who suffer from domestic violence are most often hesitant to file cases against their abusers, not only due to lack of resources for litigations but also due to fear that further harm or acts of violence shall be inflicted against them before the case shall have been resolved in courts.
The acts in, its Sec.8, provides that protection order/s be issued to shield the woman and her child against further acts of violence, to deter any disruption in the victims daily life and to facilitate the opportunity and ability of the victim to independently regain control over her life.
SECTION 8. Protection Orders.- 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. The relief granted under a protection order 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. The provisions of the protection order shall be enforced by law enforcement agencies. The protection orders that may be issued under this Act are the barangay protection order (BPO), temporary protection order (TPO) and permanent protection order (PPO).
The protection orders that may be issued under this Act shall include any, some or all of the following reliefs:
(a) Prohibition of the respondent from threatening to commit or committing, personally or through another, any of the acts mentioned in Section 5 of this Act;
(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise communicating with the petitioner, directly or indirectly;
(c) Removal and exclusion of the respondent from the residence of the petitioner, regardless of ownership of the residence, either temporarily for the purpose of protecting the petitioner, or permanently where no property rights are violated, and if respondent must remove personal effects from the residence, the court shall direct a law enforcement agent to accompany the respondent has gathered his things and escort respondent from the residence;
... dismissed the applications for discharge which order was then assailed by the respondents before the High Court of Madras in Criminal Appeal ... proviso to Section 138 of the Act on 28th January, 1997 called upon the respondent-drawer of the cheques to arrange ... was added by the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 which read as under: “Provided that the cognizance ...
family or household member at a distance specified by the court, and to stay away from the residence, school, place of employment, or any specified place frequented by the petitioner and any designated family or household member;
(e) Directing lawful possession and use by petitioner of an automobile and other essential personal effects, regardless of ownership, and directing the appropriate law enforcement officer to accompany the petitioner to the residence of the parties to ensure that the petitioner is safely restored to the possession of the automobile and other essential personal effects, or to supervise the petitioner’s or respondent’s removal of personal belongings;
(f) Granting a temporary or permanent custody of a child/children to the petitioner;
(g) Directing the respondent to provide support to the woman and/or her child if entitled to legal support. Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of the income or salary of the respondent to be withheld regularly by the respondent’s employer for the same to be automatically remitted directly to the woman. Failure to remit and/or withhold or any delay in the remittance of support to the woman and/or her child without justifiable cause shall render the respondent or his employer liable for indirect contempt of court;
(h) Prohibition of the respondent from any use or possession of any firearm or deadly weapon and order him to surrender the same to the court for appropriate disposition by the court, including revocation of license and disqualification to apply for any license to use or possess a firearm. If the offender is a law enforcement agent, the court shall order the offender to surrender his firearm and shall direct the appropriate authority to investigate on the offender and take appropriate action on matter;
(i) Restitution for actual damages caused by the violence inflicted, including, but not limited to, property damage, medical expenses, childcare expenses and loss of income;
(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and
... them even more negatively. The courts also hoped that such facilities would help children find the formation and the ethical ... Coleman, the juvenile court system introduced a totally new purpose. Its purpose was to revitalize the child rather than to ... legislative amendments, and administrative changes have transformed the juvenile court from a nominally rehabilitative social welfare agency into a ...
(k) Provision of such other forms of relief as the court deems necessary to protect and provide for the safety of the petitioner and any designated family or household member, provided petitioner and any designated family or household member consents to such relief.
Any of the reliefs provided under this section shall be granted even in the absence of a decree of legal separation or annulment or declaration of absolute nullity of marriage.
The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner from applying for, or the court from granting a TPO or PPO.
Is the commitment made by the Philippine Legislature in 2000 thru R.A. 9262 to define violence against women and their children, to provide for protective measures for victims and to prescribe penalties for such an act serves as an answer to the wailful cry of the oppressed ?
FIAT JUSTITIA RUAT COELUM: Let Justice be done though the heavens fall!