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Aggabao, Ayento, RomanoSPLRA 9262 Anti-VAWC

Anti-Violence Against Women and Their Children Act of 2004 (VAWC)

REPU!"C ACT #$% &2'2

"% "#TR$UCT"$#

Since time immemorial woman and children were victims of all kind and sort of violence in

the society. They were regarded as no more than household fixtures and, therefore, men’s

chattels. Women and children have suffered violence in the guise of conjugal rights and paternal

discipline, respectively. Women’s vulnerability and traditionally lower social status have made

them subject to male authority and abuse. Thus, it’s safe to say that gender violence, mostly

against women, is imbedded in the context of cultural, socioeconomic and political power

relations in almost, if not all parts in the world.

The ill effects of violence on women cannot be overstated. !iolence or the threat of violence

shrinks the range of choices open to women in almost every sphere of life, private or public. "t

limits their choices directly by destroying their health, disrupting their lives, constructing the

scope of their activity, and, indirectly, by eroding their selfconfidence and selfesteem.

#istorical data demonstrate that abused women and children are not twentieth century

phenomenon.

The $oman %aw of persons recogni&ed the power of the father over his wife and children

' patria potestas) which gave him control over life and death, thus, of uncontrolled corporeal

chastisement by a man of his wife and children and other members of his family.(

1 Supreme )ourt "ssuance $e* $ule +n !iolence gainst Women nd Their )hildren

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"n -ngland, in the middle ages the husband, by the old law, might give the wife moderate

correction/ for as he was to answer for her misbehavior, he ought to have the power to control

her/ but that in the polite reign of )harles "" this power of correction began doubted.0 1 "n the

course of time the -nglish common law gave the men absolute authority over their wives and

children. 2or instance, the “Rule of Thumb” which permitted a husband to beat his wife and

children with a rod no thicker than his thumb. While this rule was intended to protect women

from severe beating, it instead gave men the license to beat their wives. 3

"n early merican history, several states passed laws prescribing the extent to which

punishment could be meted out to men who beat their wives but an attempt in (445 to pass a law

forbidding wife beating in 6ennsylvania failed. "n (7(8, the 2ederal Supreme )ourt ruled that a

wife did not have cause for action on an assault and battery charge against her husband. The

court felt that such a ruling would open the doors of the courts to accusations of all sorts of one

spouse against other and bring into public notice complaints for assault, slander, and libel.9

s the pervasiveness of violence against women unfolded, a sense of urgency to find

effective means to prevent violence from different cultures and settings led to the enactment by

several States of genderspecific comprehensive domestic violence legislation.

2 :lackstone’s )om. 999 as cited in State v. $hodes, 5( ;.). 9 '(7(8?

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!iolence against women '!W? has captured the attention of the government and legislators

in the 6hilippines, propelled by the demand of a growing women’s human rights movement and

the )onvention on the -limination of ll 2orms of =iscrimination gainst Women, its +ptional

6rotocol as well as other international conventions. The :eijing )onference on Women in (77<

heightened the demand of women’s rights advocates for laws protecting women from violence.

6rogressive reforms in laws protecting women was brought about by several factors

beginning with the democrati&ation process that began in the (745 6eople 6ower $evolution

after the fall of the Aarcos dictatorship, the (74> )onstitution that has specific provisions on the

rights of women and fundamental eBuality before the law of men and women, the increasing

number of women’s organi&ations in the provinces with links to Aetro Aanila based women’s

rights organi&ations,

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woring women by pro!iding safe and healthful woring conditions, taing into account their

maternal functions, and such facilities and opportunities that will enhance their welfare and

enable them to realize their full potential in the ser!ice of the nation .04 6riority in the health

needs of woman and children is also mandated by the same provision of the )onstitution.7

With regards to laws specifically for the protection of children(8, which was given scant

consideration until (77> when )ongress passed into law $.. ;o. 4357.(( :ut even then, the only

provisions this law had on the matter were those vesting exclusive jurisdiction to 2amily )ourts

in cases of domestic violence against women and children, describing what constitutes domestic

violence against them and providing the special provisional remedy of restraining order for relief

from abuse.

The law defined domestic violence against women as “acts of gender"based !iolence that

result in , or liely to result in, or liely to result in physical, se#ual or psychological harm or

suffering to women$ and other forms of physical abuse such as battering or threats and coercion

8 Sec. (9, rt D""", (74> )onstitution

9 %bid

10 6.=. ;o. 583 '(7>

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which !iolate a woman&s personhood, integrity and freedom of mo!ement'”( Similarly, it

described violence against children as “the commission of all forms of abuse, neglect, cruelty,

e#ploitation, !iolence, and discrimination and all other conditions pre*udicial to their

de!elopment'”(+

"n 1889, after nine years of advocacy by women’s groups and the ;ational )ommission

on the $ole of 2ilipino Women, the $epublic ct 7151 entitled “n ct -efining .iolence

gainst /omen and Their 0hildren, 1ro!iding for 1rotecti!e 2easures for .ictims, 1rescribing

1enalties therefore, and for 3ther 1urposes'” was passed into law. The nti!W) ct is the

result of a decade of advocacy of victimsurvivors women’s human rights advocates and

women’s organi&ations, women legislators, and government agencies. The passage of the law

marks the State’s compliance with its obligation under the )onvention on the -limination of

=iscrimination gainst Women ')-=W?which the 6hilippines ratified in (74(, and the

+ptional 6rotocol on the )-=W, which was ratified by the 6hilippine Senate in 1883.(9

The $epublic ct 7151, also known as nti!iolence gainst Women and Their )hildren

ct of 1889, purports to protect women and children from violence and threats to their personal

safety and security. This legislation is proof that national government has finally recogni&ed the

12 Sec. < 'k?'(?

13 Sec.

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damaging effect of violence against women, which affects not only the sanctity of the family but

also the community. While violence against women usually involves violence in the relationship

between adults and does not technically include child abuse or neglect, the silent victims of

violence within the home too often are the children who are not physically, psychologically and

emotionally injured but who, having witnessed violence and conseBuently form the belief that

violence is an acceptable way to cope with stress or problems or to gain control over another

person. There have been evidences that violence within the family causes social matters such as

violent crimes, substance abuse and juvenile delinBuency. $esearch shows that boys who witness

violence between their parents are almost three times more likely to become abusers themselves

than sons of nonviolent parents. (<

The law is genderspecific, protecting the rights of women and their children. Fenerally,

only women may file actions under the anti!W) ct, while the offenders may either be men

or women with whom the victims are or were in lesbian relationships. (5 :eing genderspecific,

the law was subjected to criticisms and attacks, including the Buestion on its constitutionality.

Aoreover, the definition includes past or present marital, livein, sexual or dating

relationships. The inclusion of men with whom the victimsurvivor has a common child was

included in the :icameral )onference upon the reBuest of the =epartment of Social Welfare and

=evelopment to protect the rights of women who are not married to fathers of their children,

15 S. Fuerrero, %. 6enano#o, -t. l., The Aany 2aces of !iolence, buses, and busive $elationships in 2ilipino 2amilies, '(777?

16 1884. $., Fuan&on, -xpert Froup Aeeting +n Food 6ractices "n %egislation +n !iolence gainst Women

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including children of rape victims. "t includes those which the %abor )ode and $.. 74>1 refer

to as solo parents.(>

The anti!W) ct provides for the remedy of a protection order in a civil action or in a

criminal action, aside from the criminal action for violation of $.. 7151. n ex parte Temporary

6rotection +rder shall be issued by the Gudge within twentyfour hours from the filing of the

verified application upon a finding that there is reasonable ground to believe that an imminent

danger of violence to the woman and her children exists or is about to recur. fter hearing on the

merit, a 6ermanent 6rotection +rder may be granted. The relief of Temporary and 6ermanent

6rotection order may be filed as an independent action, or together with an action for damages,

support, custody, legal separation, dissolution of the community property or nullity of marriage.

$.. ;o. 7151, in accordance with Section ((, rticle 1 of the (74> 6hilippine

)onstitution, it states that The State !alues the dignity of e!ery human person and guarantees

full respect for human rights0, expressly declares that the State, in valuing the dignity of women

and children and in guaranteeing full respect for human rights shall exert efforts to address

violence committed against women and children in collaboration with the fundamental freedoms

guaranteed under the )onstitution and international human rights instruments of which the

6hilippines is part of. With this, one fundamental right under the :ill of $ights of the 6hilippine

)onstitution is that, “4o person shall be depri!ed of life, liberty, or property without due process

of law, nor shall any person be denied the equal protection of the laws'” $.. ;o. 7151

specifically prevents the deprivation of life, liberty, or property of women and children. "n the

same note, rticle (< of the )onstitution states that the State shall defend “5) The right of

17 Sec. 4, $.. 47>1 otherwise known as Solo 6arents’ ct of 1881/ rt. (3( 'superseded by the Social Security ct of (77> $.. 4141?

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children to assistance, including proper care and nutrition, and special protection from all forms

of neglect, abuse, cruelty, e#ploitation and other conditions pre*udicial to their de!elopment”'

;ot only does $epublic ct 7151 operate in collaboration with the 6hilippine

)onstitution but also with international laws which the 6hilippines is part of such as the

@niversal =eclaration of #uman $ights, )onvention on the -limination of ll 2orms of

=iscrimination against Women, and )onvention on the $ights of the )hild.

Eears before the $ 7151 was proclaimed, the @nited ;ations )harter and the @niversal

=eclaration of #uman $ights were the initial international documents that provided for eBuality

and nondiscrimination on gender. The @niversal =eclaration of #uman $ights was drafted by

representatives with different legal and cultural background from all regions of the world, which

was proclaimed by the @nited ;ations Feneral ssembly as a common standard of achievements

for all peoples and all nations that sets out fundamental human rights such as the life, liberty and

security of every person to be universally protected. Since then, the @nited ;ations supported

women’s movement by establishing the )ommission on the Status of Women.

SubseBuently, the )onvention on the -limination of ll 2orms of =iscrimination against Women,

often described as an international bill of rights of women, was adopted by the @; Feneral

ssembly, which defines discrimination against women as “any distinction, e#clusion or

restriction made on the basis of se# which has the effect or purpose of impairing or nullifying the

recognition, en*oyment or e#ercise by women, irrespecti!e of their marital status, on a basis of

equality of men and women, of human rights and fundamental freedoms in the political,

economic, social, cultural, ci!il or any other field” and expresses national action to prevent and

put an end to such discrimination.

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Similar to the said international law, the )onvention on the $ights of the )hild was

developed for the special care and protection of people under (4 years old. The )onvention on

the $ights of the )hild affirms the basic human rights of children, which are the right to survival/

development to the fullest/ protection from harmful influences, abuse and exploitation/ and the

full participation in family, cultural and social life. These four basic human rights are significant

in every child’s dignity and development.

The 6hilippines, as a party of the international laws as abovementioned, agrees to

undertake the obligations proclaimed by these laws wherein the national government commits

itself to ensure the protection of human rights and is accountable before the international

community. 2or the two conventions, identical to $.. ;o. 7151, the objective is to specifically

secure the rights of women and children and also to carry out all actions and policies in order to

best enforce the purpose of these laws.

Towards this end, the State shall exert more effort in addressing the issue of violence

committed against a women and children in keeping with the different conventions that the State

is a party. 2urthermore, in accordance with the fundamental law, that is, the )onstitution and

other municipal laws.

""%$

A# ACT E*"#"#+ V"$!E#CE A+A"#,T W$E# A# T.E"R C."!RE#/

PR$V""#+ *$R PR$TECT"VE EA,URE, *$R V"CT",/ PRE,CR""#+

PE#A!T"E, T.ERE*$RE/ A# *$R $T.ER PURP$,E,

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

,ECT"$# % Short Title%- This Act shall 1e no3n as the Anti-Violence Against Women

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and Their Children Act of 2004%

,ECT"$# 2% Declaration of Policy%- "t is here15 declared that the ,tate 6al7es the dignit5 of

3omen and children and g7arantees f7ll res8ect for h7man rights% The ,tate also

recogni9es the need to 8rotect the famil5 and its mem1ers 8artic7larl5 3omen and

children/ from 6iolence and threats to their 8ersonal safet5 and sec7rit5%

To3ards this end/ the ,tate shall e:ert efforts to address 6iolence committed against 3omen

and children in ee8ing 3ith the f7ndamental freedoms g7aranteed 7nder the Constit7tion

and the Pro6isions of the Uni6ersal eclaration of .7man Rights/ the con6ention on the

Elimination of all forms of discrimination Against Women/ Con6ention on the Rights of the

Child and other international h7man rights instr7ments of 3hich the Phili88ines is a 8art5%

The (74> )onstitution

There are provisions on women in the (74> )onstitution which were absent in the

previous )onstitution. These, as well as @; )onventions, are the basis for the special laws

protecting the rights of women. They are as follows*

$T "". =eclaration of State 6rinciples and State 6olicies 6$";)"6%-S

Sec' ' The 1hilippines renounces war as an instrument of national policy,

and adopts the generally accepted principles of international law as part of the

law of the land and adheres to the policy of peace, equality, *ustice, freedom,

cooperation, and amity with all nations'

STT- 6+%")"-S

Sec' ((' The State !alues the dignity of e!ery human person and guarantees full

respect for human rights'

Sec' (6' The State recognizes the role of women in nation" building, and shall

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ensure the fundamental equality before the law of women and men'

$T D""" Social Gustice and #uman $ights

Sec' (6 The State shall protect woring women by pro!iding safe and healthful

woring conditions, taing into account their maternal functions, and such facilities and

opportunities that will enhance their welfare and enable them to realize their full

potential in the ser!ice of the nation'

,ECT"$# ;% Definition of Terms%- As 7sed in this Act/

(a) Violence against omen and their children refers to an5 act or a series of acts

committed 15 an5 8erson against a 3oman 3ho is his 3ife/ former 3ife/ or against a

3oman 3ith 3hom the 8erson has or had a se:7al or dating relationshi8/ or 3ith

3hom he has a common child/ or against her child 3hether legitimate or

illegitimate/ 3ithin or 3itho7t the famil5 a1ode/ 3hich res7lt in or is liel5 to res7lt

in 8h5sical/ se:7al/ 8s5chological harm or s7ffering/ or economic a17se incl7ding

threats of s7ch acts/ 1atter5/ assa7lt/ coercion/ harassment or ar1itrar5 de8ri6ation

of li1ert5% "t incl7des/ 17t is not limited to/ the follo3ing acts<

A% Physical Violence refers to acts that incl7de 1odil5 or 8h5sical harm=

% Se!ual violence refers to an act 3hich is se:7al in nat7re/ committed against a

3oman or her child% "t incl7des/ 17t is not limited to<

a) ra8e/ se:7al harassment/ acts of lasci6io7sness/ treating a 3oman or her child as a

se: o1>ect/ maing demeaning and se:7all5 s7ggesti6e remars/ 8h5sicall5 attacing

the se:7al 8arts of the 6ictim?s 1od5/ forcing her@him to 3atch o1scene 871lications

and indecent sho3s or forcing the 3oman or her child to do indecent acts and@or

mae films thereof/ forcing the 3ife and mistress@lo6er to li6e in the con>7gal home

or slee8 together in the same room 3ith the a17ser=

1) acts ca7sing or attem8ting to ca7se the 6ictim to engage in an5 se:7al acti6it5 15

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force/ threat of force/ 8h5sical or other harm or threat of 8h5sical or other harm or

coercion=

c) Prostit7ting the 3oman or child%

C% Psychological violence refers to acts or omissions ca7sing or liel5 to ca7se mental

or emotional s7ffering of the 6ictim s7ch as 17t not limited to intimidation/

harassment/ staling/ damage to 8ro8ert5/ 871lic ridic7le or h7miliation/ re8eated

6er1al a17se and mental infidelit5% "t incl7des ca7sing or allo3ing the 6ictim to

3itness the 8h5sical/ se:7al or 8s5chological a17se of a mem1er of the famil5 to 3hich

the 6ictim 1elongs/ or to 3itness 8ornogra8h5 in an5 form or to 3itness a17si6e in>7r5

to 8ets or to 7nla3f7l or 7n3anted de8ri6ation of the right to c7stod5 and@or

6isitation of common children%

% "conomic abuse refers to acts that mae or attem8t to mae a 3oman financiall5

de8endent 3hich incl7des/ 17t is not limited to the follo3ing<

% 3ithdra3al of financial s788ort or 8re6enting the 6ictim from engaging in an5

legitimate 8rofession/ occ78ation/ 17siness or acti6it5/ e:ce8t in cases 3herein the

other s8o7se@8artner o1>ects on 6alid/ serio7s and moral gro7nds as defined in

Article ; of the *amil5 Code=

2% de8ri6ation or threat of de8ri6ation of financial reso7rces and the right to the 7se

and en>o5ment of the con>7gal/ comm7nit5 or 8ro8ert5 o3ned in common=

;% destro5ing ho7sehold 8ro8ert5=

4% controlling the 6ictims? o3n mone5 or 8ro8erties or solel5 controlling the con>7gal

mone5 or 8ro8erties%

(1) Battery refers to an act of inflicting 8h5sical harm 78on the 3oman or her child

res7lting to the 8h5sical and 8s5chological or emotional distress%

(c) Battered #oman Syndrome refers to a scientificall5 defined 8attern of

8s5chological and 1eha6ioral s5m8toms fo7nd in 3omen li6ing in 1attering

relationshi8s as a res7lt of c7m7lati6e a17se%

(d) Stal$ing refers to an intentional act committed 15 a 8erson 3ho/ no3ingl5 and

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3itho7t la3f7l >7stification follo3s the 3oman or her child or 8laces the 3oman or

her child 7nder s7r6eillance directl5 or indirectl5 or a com1ination thereof%

(e) Dating relationship refers to a sit7ation 3herein the 8arties li6e as h7s1and and

3ife 3itho7t the 1enefit of marriage or are romanticall5 in6ol6ed o6er time and on

a contin7ing 1asis d7ring the co7rse of the relationshi8% A cas7al acB7aintance or

ordinar5 sociali9ation 1et3een t3o indi6id7als in a 17siness or social conte:t is not

a dating relationshi8%

(f) Se!ual relations refers to a single se:7al act 3hich ma5 or ma5 not res7lt in the

1earing of a common child%

(g) Safe place or shelter refers to an5 home or instit7tion maintained or managed 15

the e8artment of ,ocial Welfare and e6elo8ment (,W) or 15 an5 other

agenc5 or 6ol7ntar5 organi9ation accredited 15 the ,W for the 87r8oses of this

Act or an5 other s7ita1le 8lace the resident of 3hich is 3illing tem8oraril5 to

recei6e the 6ictim%

(h) Children refers to those 1elo3 eighteen () 5ears of age or older 17t are

inca8a1le of taing care of themsel6es as defined 7nder Re871lic Act #o% '0% As

7sed in this Act/ it incl7des the 1iological children of the 6ictim and other children

7nder her care%

,ECT"$# 4% Construction%- This Act shall 1e li1erall5 constr7ed to 8romote the 8rotection

and safet5 of 6ictims of 6iolence against 3omen and their children%

@nder section 9 of $ 7151, the provisions of the law shall be liberally construed in

order to promote the protection and safety of women and children against violence and threats.

2urthermore, the principle of conspiracy under the $evised 6enal )ode can be applied in the law.

Section 9> of the law expressly provides that the $evised 6enal )ode and the other applicable

laws shall have suppletory application.

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,ECT"$# D% %cts of Violence %gainst #omen and Their Children%- The crime of 6iolence

against 3omen and their children is committed thro7gh an5 of the follo3ing acts<

(a) Ca7sing 8h5sical harm to the 3oman or her child=

(1) Threatening to ca7se the 3oman or her child 8h5sical harm=

(c) Attem8ting to ca7se the 3oman or her child 8h5sical harm=

(d) Placing the 3oman or her child in fear of imminent 8h5sical harm=

(e) Attem8ting to com8el or com8elling the 3oman or her child to engage in cond7ct 3hich

the 3oman or her child has the right to desist from or desist from cond7ct 3hich the

3oman or her child has the right to engage in/ or attem8ting to restrict or restricting the

3oman?s or her child?s freedom of mo6ement or cond7ct 15 force or threat of force/

8h5sical or other harm or threat of 8h5sical or other harm/ or intimidation directed against

the 3oman or child% This shall incl7de/ 17t not limited to/ the follo3ing acts committed

3ith the 87r8ose or effect of controlling or restricting the 3oman?s or her child?s mo6ement

or cond7ct<

() Threatening to de8ri6e or act7all5 de8ri6ing the 3oman or her child of

c7stod5 to her@his famil5=

(2) e8ri6ing or threatening to de8ri6e the 3oman or her children of financial

s788ort legall5 d7e her or her famil5/ or deli1eratel5 8ro6iding the 3oman?s

children ins7fficient financial s788ort=

(;) e8ri6ing or threatening to de8ri6e the 3oman or her child of a legal right=

(4) Pre6enting the 3oman in engaging in an5 legitimate 8rofession/ occ78ation/

17siness or acti6it5 or controlling the 6ictim?s o3n mon4e5 or 8ro8erties/ or

solel5 controlling the con>7gal or common mone5/ or 8ro8erties=

(f) "nflicting or threatening to inflict 8h5sical harm on oneself for the 87r8ose of controlling

her actions or decisions=

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(g) Ca7sing or attem8ting to ca7se the 3oman or her child to engage in an5 se:7al acti6it5

3hich does not constit7te ra8e/ 15 force or threat of force/ 8h5sical harm/ or thro7gh

intimidation directed against the 3oman or her child or her@his immediate famil5=

(h) Engaging in 87r8osef7l/ no3ing/ or recless cond7ct/ 8ersonall5 or thro7gh another/

that alarms or ca7ses s71stantial emotional or 8s5chological distress to the 3oman or her

child% This shall incl7de/ 17t not 1e limited to/ the follo3ing acts<

() ,taling or follo3ing the 3oman or her child in 871lic or 8ri6ate 8laces=

(2) Peering in the 3indo3 or lingering o7tside the residence of the 3oman or

her child=

(;) Entering or remaining in the d3elling or on the 8ro8ert5 of the 3oman or

her child against her@his 3ill=

(4) estro5ing the 8ro8ert5 and 8ersonal 1elongings or inflicting harm to

animals or 8ets of the 3oman or her child= and

(D) Engaging in an5 form of harassment or 6iolence=

(i) Ca7sing mental or emotional ang7ish/ 871lic ridic7le or h7miliation to the 3oman or

her child/ incl7ding/ 17t not limited to/ re8eated 6er1al and emotional a17se/ and denial of

financial s788ort or c7stod5 of minor children of access to the 3oman?s child@children%

!W) refers to 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. "t includes, but is

not limited to, the following acts*

(. 6hysical violence0 refers to acts that include bodily or physical harm/

1. Sexual violence0 refers to an act which is sexual in nature, committed against a

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woman or her child. "t includes, but is not limited to*

a. 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 herHhim to

watch obscene publications and indecent shows or forcing the woman or her

child to do indecent acts andHor make films thereof, forcing the wife and

mistressHlover to live in the conjugal home or sleep together in the same room

with the abuser/

b. 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. 6sychological violence0 refers to 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 marital infidelity. "t 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

andHor visitation of common children.

9. -conomic abuse0 refers to acts that make or attempt to make a woman financially

dependent. This includes but is not limited to the following*

a. withdrawal of financial support or preventing the victim from engaging in any

legitimate profession, occupation, business or activity, except in cases wherein

the other spouseHpartner objects on valid, serious and moral grounds as

defined in rticle >3 of the 2amily )ode/

b. deprivation or threat of deprivation of financial resources and the right to the

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use and enjoyment of the conjugal, community or property owned in common/

c. destroying household property/

d. controlling the victim’s own money or properties or solely controlling the

conjugal money or properties.

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(c) Acts falling 7nder ,ection D(e) shall 1e 87nished 15 8rision correccional=

(d) Acts falling 7nder ,ection D(f) shall 1e 87nished 15 arresto ma5or=

(e) Acts falling 7nder ,ection D(g) shall 1e 87nished 15 8rision ma5or=

(f) Acts falling 7nder ,ection D(h) and ,ection D(i) shall 1e 87nished 15 8rision ma5or%

"f the acts are committed 3hile the 3oman or child is 8regnant or committed in the

8resence of her child/ the 8enalt5 to 1e a88lied shall 1e the ma:im7m 8eriod of 8enalt5

8rescri1ed in the section%

"n addition to im8risonment/ the 8er8etrator shall (a) 8a5 a fine in the amo7nt of not less

than $ne h7ndred tho7sand 8esos (P00/000%00) 17t not more than three h7ndred

tho7sand 8esos (;00/000%00)= (1) 7ndergo mandator5 8s5chological co7nseling or

8s5chiatric treatment and shall re8ort com8liance to the co7rt%

,ECT"$# % Venue%- The Regional Trial Co7rt designated as a *amil5 Co7rt shall ha6e

original and e:cl7si6e >7risdiction o6er cases of 6iolence against 3omen and their children

7nder this la3% "n the a1sence of s7ch co7rt in the 8lace 3here the offense 3as committed/

the case shall 1e filed in the Regional Trial Co7rt 3here the crime or an5 of its elements

3as committed at the o8tion of the com8liant%

,ECT"$# % Protection &rders%- A 8rotection order is an order iss7ed 7nder this act for the

87r8ose of 8re6enting f7rther acts of 6iolence against a 3oman or her child s8ecified in

,ection D of this Act and granting other necessar5 relief% The relief granted 7nder a

8rotection order ser6e the 87r8ose of safeg7arding the 6ictim from f7rther harm/

minimi9ing an5 disr78tion in the 6ictim?s dail5 life/ and facilitating the o88ort7nit5 and

a1ilit5 of the 6ictim to inde8endentl5 regain control o6er her life% The 8ro6isions of the

8rotection order shall 1e enforced 15 la3 enforcement agencies% The 8rotection orders that

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ma5 1e iss7ed 7nder this Act are the 1aranga5 8rotection order (P$)/ tem8orar5

8rotection order (TP$) and 8ermanent 8rotection order (PP$)% The 8rotection orders that

ma5 1e iss7ed 7nder this Act shall incl7de an5/ some or all of the follo3ing reliefs<

(a) Prohi1ition of the res8ondent from threatening to commit or committing/ 8ersonall5 or

thro7gh another/ an5 of the acts mentioned in ,ection D of this Act=

(1) Prohi1ition of the res8ondent from harassing/ anno5ing/ tele8honing/ contacting or

other3ise comm7nicating 3ith the 8etitioner/ directl5 or indirectl5=

(c) Remo6al and e:cl7sion of the res8ondent from the residence of the 8etitioner/ regardless

of o3nershi8 of the residence/ either tem8oraril5 for the 87r8ose of 8rotecting the

8etitioner/ or 8ermanentl5 3here no 8ro8ert5 rights are 6iolated/ and if res8ondent m7st

remo6e 8ersonal effects from the residence/ the co7rt shall direct a la3 enforcement agent

to accom8an5 the res8ondent has gathered his things and escort res8ondent from the

residence=

(d) irecting the res8ondent to sta5 a3a5 from 8etitioner and designated famil5 or

ho7sehold mem1er at a distance s8ecified 15 the co7rt/ and to sta5 a3a5 from the

residence/ school/ 8lace of em8lo5ment/ or an5 s8ecified 8lace freB7ented 15 the 8etitioner

and an5 designated famil5 or ho7sehold mem1er=

(e) irecting la3f7l 8ossession and 7se 15 8etitioner of an a7tomo1ile and other essential

8ersonal effects/ regardless of o3nershi8/ and directing the a88ro8riate la3 enforcement

officer to accom8an5 the 8etitioner to the residence of the 8arties to ens7re that the

8etitioner is safel5 restored to the 8ossession of the a7tomo1ile and other essential 8ersonal

effects/ or to s78er6ise the 8etitioner?s or res8ondent?s remo6al of 8ersonal 1elongings=

(f) +ranting a tem8orar5 or 8ermanent c7stod5 of a child@children to the 8etitioner=

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(g) irecting the res8ondent to 8ro6ide s788ort to the 3oman and@or her child if entitled to

legal s788ort% #ot3ithstanding other la3s to the contrar5/ the co7rt shall order an

a88ro8riate 8ercentage of the income or salar5 of the res8ondent to 1e 3ithheld reg7larl5

15 the res8ondent?s em8lo5er for the same to 1e a7tomaticall5 remitted directl5 to the

3oman% *ail7re to remit and@or 3ithhold or an5 dela5 in the remittance of s788ort to the

3oman and@or her child 3itho7t >7stifia1le ca7se shall render the res8ondent or his

em8lo5er lia1le for indirect contem8t of co7rt=

(h) Prohi1ition of the res8ondent from an5 7se or 8ossession of an5 firearm or deadl5

3ea8on and order him to s7rrender the same to the co7rt for a88ro8riate dis8osition 15

the co7rt/ incl7ding re6ocation of license and disB7alification to a88l5 for an5 license to 7se

or 8ossess a firearm% "f the offender is a la3 enforcement agent/ the co7rt shall order the

offender to s7rrender his firearm and shall direct the a88ro8riate a7thorit5 to in6estigate

on the offender and tae a88ro8riate action on matter=

(i) Restit7tion for act7al damages ca7sed 15 the 6iolence inflicted/ incl7ding/ 17t not

limited to/ 8ro8ert5 damage/ medical e:8enses/ childcare e:8enses and loss of income=

(>) irecting the ,W or an5 a88ro8riate agenc5 to 8ro6ide 8etitioner ma5 need= and

() Pro6ision of s7ch other forms of relief as the co7rt deems necessar5 to 8rotect and

8ro6ide for the safet5 of the 8etitioner and an5 designated famil5 or ho7sehold mem1er/

8ro6ided 8etitioner and an5 designated famil5 or ho7sehold mem1er consents to s7ch

relief%

An5 of the reliefs 8ro6ided 7nder this section shall 1e granted e6en in the a1sence of a

decree of legal se8aration or ann7lment or declaration of a1sol7te n7llit5 of marriage%

The iss7ance of a P$ or the 8endenc5 of an a88lication for P$ shall not 8recl7de a

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8etitioner from a88l5ing for/ or the co7rt from granting a TP$ or PP$%

,ECT"$# &% #ho may file Petition for Protection &rders % A 8etition for 8rotection order

ma5 1e filed 15 an5 of the follo3ing<

(a) the offended 8art5=

(1) 8arents or g7ardians of the offended 8art5=

(c) ascendants/ descendants or collateral relati6es 3ithin the fo7rth ci6il degree of

consang7init5 or affinit5=

(d) officers or social 3orers of the ,W or social 3orers of local go6ernment 7nits

(!+Us)=

(e) 8olice officers/ 8refera1l5 those in charge of 3omen and children?s dess=

(f) Punong Barangay or Barangay 'agaad =

(g) la35er/ co7nselor/ thera8ist or healthcare 8ro6ider of the 8etitioner=

(h) At least t3o (2) concerned res8onsi1le citi9ens of the cit5 or m7nici8alit5 3here the

6iolence against 3omen and their children occ7rred and 3ho has 8ersonal no3ledge of

the offense committed%

,ECT"$# 0% #here to %pply for a Protection &rder % A88lications for P$s shall follo3

the r7les on 6en7e 7nder ,ection 40& of the !ocal +o6ernment Code of && and its

im8lementing r7les and reg7lations% An a88lication for a TP$ or PP$ ma5 1e filed in the

regional trial co7rt/ metro8olitan trial co7rt/ m7nici8al trial co7rt/ m7nici8al circ7it trial

co7rt 3ith territorial >7risdiction o6er the 8lace of residence of the 8etitioner< Pro6ided/

ho3e6er/ That if a famil5 co7rt e:ists in the 8lace of residence of the 8etitioner/ the

a88lication shall 1e filed 3ith that co7rt%

,ECT"$# % Ho to %pply for a Protection &rder % The a88lication

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for a 8rotection order m7st 1e in 3riting/ signed and 6erified 7nder oath 15 the a88licant%

"t ma5 1e filed as an inde8endent action or as incidental relief in an5 ci6il or criminal case

the s71>ect matter or iss7es thereof 8artaes of a 6iolence as descri1ed in this Act% A

standard 8rotection order a88lication form/ 3ritten in English 3ith translation to the

ma>or local lang7ages/ shall 1e made a6aila1le to facilitate a88lications for 8rotections

order/ and shall contain/ among other/ the follo3ing information<

(a) names and addresses of 8etitioner and res8ondent=

(1) descri8tion of relationshi8s 1et3een 8etitioner and res8ondent=

(c) a statement of the circ7mstances of the a17se=

(d) descri8tion of the reliefs reB7ested 15 8etitioner as s8ecified in ,ection herein=

(e) reB7est for co7nsel and reasons for s7ch=

(f) reB7est for 3ai6er of a88lication fees 7ntil hearing= and

(g) an attestation that there is no 8ending a88lication for a 8rotection order in another

co7rt%

"f the a88licants is not the 6ictim/ the a88lication m7st 1e accom8anied 15 an affida6it of

the a88licant attesting to (a) the circ7mstances of the a17se s7ffered 15 the 6ictim and (1)

the circ7mstances of consent gi6en 15 the 6ictim for the filling of the a88lication% When

disclos7re of the address of the 6ictim 3ill 8ose danger to her life/ it shall 1e so stated in the

a88lication% "n s7ch a case/ the a88licant shall attest that the 6ictim is residing in the

m7nici8alit5 or cit5 o6er 3hich co7rt has territorial >7risdiction/ and shall 8ro6ide a

mailing address for 87r8ose of ser6ice 8rocessing%

An a88lication for 8rotection order filed 3ith a co7rt shall 1e considered an a88lication for

1oth a TP$ and PP$%

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aranga5 officials and co7rt 8ersonnel shall assist a88licants in the 8re8aration of the

a88lication% !a3 enforcement agents shall also e:tend assistance in the a88lication for

8rotection orders in cases 1ro7ght to their attention%

,ECT"$# 2% "nforceability of Protection &rders% All TP$s and PP$s iss7ed 7nder this

Act shall 1e enforcea1le an53here in the Phili88ines and a 6iolation thereof shall 1e

87nisha1le 3ith a fine ranging from *i6e Tho7sand Pesos (PD/000%00) to *ift5 Tho7sand

Pesos (PD0/000%00) and@or im8risonment of si: (') months%

,ECT"$# ;% (egal Representation of Petitioners for Protection &rder % "f the 3oman or

her child reB7ests in the a88lications for a 8rotection order for the a88ointment of co7nsel

1eca7se of lac of economic means to hire a co7nsel de 8arte/ the co7rt shall immediatel5

direct the P71lic Attorne5?s $ffice (PA$) to re8resent the 8etitioner in the hearing on the

a88lication% "f the PA$ determines that the a88licant can afford to hire the ser6ices of a

co7nsel de 8arte/ it shall facilitate the legal re8resentation of the 8etitioner 15 a co7nsel de

8arte% The lac of access to famil5 or con>7gal reso7rces 15 the a88licant/ s7ch as 3hen the

same are controlled 15 the 8er8etrator/ shall B7alif5 the 8etitioner to legal re8resentation

15 the PA$%

.o3e6er/ a 8ri6ate co7nsel offering free legal ser6ice is not 1arred from re8resenting the

8etitioner%

,ECT"$# 4% Barangay Protection &rders )BP&s*+ #ho ,ay -ssue and Ho. / aranga5

Protection $rders (P$s) refer to the 8rotection order iss7ed 15 the Punong Barangay

ordering the 8er8etrator to desist from committing acts 7nder ,ection D (a) and (1) of this

Act% A Punong Barangay 3ho recei6es a88lications for a P$ shall iss7e the 8rotection

order to the a88licant on the date of filing after e! parte determination of the 1asis of the

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a88lication% "f the Punong Barangay is 7na6aila1le to act on the a88lication for a P$/ the

a88lication shall 1e acted 78on 15 an5 a6aila1le Barangay 'agaad. "f the P$ is iss7ed

15 a Barangay 'agaad the order m7st 1e accom8anied 15 an attestation 15 the Barangay

'agaad that the Punong Barangay 3as 7na6aila1le at the time for the iss7ance of the

P$% P$s shall 1e effecti6e for fifteen (D) da5s% "mmediatel5 after the iss7ance of an e!

parte P$/ the Punong Barangay or Barangay 'agaad shall 8ersonall5 ser6e a co85 of the

same on the res8ondent/ or direct an5 1aranga5 official to effect is 8ersonal ser6ice%

The 8arties ma5 1e accom8anied 15 a non-la35er ad6ocate in an5 8roceeding 1efore the

P7nong aranga5%

,ECT"$# D% Temporary Protection &rders. 0 Tem8orar5 Protection $rders (TP$s) refers

to the 8rotection order iss7ed 15 the co7rt on the date of filing of the a88lication after e!

parte determination that s7ch order sho7ld 1e iss7ed% A co7rt ma5 grant in a TP$ an5/

some or all of the reliefs mentioned in this Act and shall 1e effecti6e for thirt5 (;0) da5s%

The co7rt shall sched7le a hearing on the iss7ance of a PP$ 8rior to or on the date of the

e:8iration of the TP$% The co7rt shall order the immediate 8ersonal ser6ice of the TP$ on

the res8ondent 15 the co7rt sheriff 3ho ma5 o1tain the assistance of la3 enforcement

agents for the ser6ice% The TP$ shall incl7de notice of the date of the hearing on the merits

of the iss7ance of a PP$%

,ECT"$# '% Permanent Protection &rders% Permanent Protection $rder (PP$) refers to

8rotection order iss7ed 15 the co7rt after notice and hearing%

Res8ondents non-a88earance des8ite 8ro8er notice/ or his lac of a la35er/ or the non-

a6aila1ilit5 of his la35er shall not 1e a gro7nd for resched7ling or 8ost8oning the hearing

on the merits of the iss7ance of a PP$% "f the res8ondents a88ears 3itho7t co7nsel on the

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date of the hearing on the PP$/ the co7rt shall a88oint a la35er for the res8ondent and

immediatel5 8roceed 3ith the hearing% "n case the res8ondent fails to a88ear des8ite 8ro8er

notice/ the co7rt shall allo3 e: 8arte 8resentation of the e6idence 15 the a88licant and

render >7dgment on the 1asis of the e6idence 8resented% The co7rt shall allo3 the

introd7ction of an5 histor5 of a17si6e cond7ct of a res8ondent e6en if the same 3as not

directed against the a88licant or the 8erson for 3hom the a88licant is made%

The co7rt shall/ to the e:tent 8ossi1le/ cond7ct the hearing on the merits of the iss7ance of

a PP$ in one () da5% Where the co7rt is 7na1le to cond7ct the hearing 3ithin one () da5

and the TP$ iss7ed is d7e to e:8ire/ the co7rt shall contin7o7sl5 e:tend or rene3 the TP$

for a 8eriod of thirt5 (;0) da5s at each 8artic7lar time 7ntil final >7dgment is iss7ed% The

e:tended or rene3ed TP$ ma5 1e modified 15 the co7rt as ma5 1e necessar5 or a88lica1le

to address the needs of the a88licant%

The co7rt ma5 grant an5/ some or all of the reliefs s8ecified in ,ection hereof in a PP$% A

PP$ shall 1e effecti6e 7ntil re6oed 15 a co7rt 78on a88lication of the 8erson in 3hose

fa6or the order 3as iss7ed% The co7rt shall ens7re immediate 8ersonal ser6ice of the PP$

on res8ondent%

The co7rt shall not den5 the iss7ance of 8rotection order on the 1asis of the la8se of time

1et3een the act of 6iolence and the filing of the a88lication%

Regardless of the con6iction or acB7ittal of the res8ondent/ the Co7rt m7st determine

3hether or not the PP$ shall 1ecome final% E6en in a dismissal/ a PP$ shall 1e granted as

long as there is no clear sho3ing that the act from 3hich the order might arise did not e:ist%

,ECT"$# % 1otice of Sanction in Protection &rders% The follo3ing statement m7st 1e

8rinted in 1old-faced t58e or in ca8ital letters on the 8rotection order iss7ed 15 the Punong

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Barangay or co7rt<

V"$!AT"$# $* T.", $RER ", PU#",.A!E !AW%

,ECT"$# % ,andatory Period 2or %cting on %pplications 2or Protection &rders *ail7re

to act on an a88lication for a 8rotection order 3ithin the reglementar5 8eriod s8ecified in

the 8re6io7s section 3itho7t >7stifia1le ca7se shall render the official or >7dge

administrati6el5 lia1le%

,ECT"$# &% (egal Separation Cases% "n cases of legal se8aration/ 3here 6iolence as

s8ecified in this Act is alleged/ Article D of the *amil5 Code shall not a88l5% The co7rt shall

8roceed on the main case and other incidents of the case as soon as 8ossi1le% The hearing on

an5 a88lication for a 8rotection order filed 15 the 8etitioner m7st 1e cond7cted 3ithin the

mandator5 8eriod s8ecified in this Act%

,ECT"$# 20% Priority of %pplication for a Protection &rder. E: 8arte and ad6ersarial

hearings to determine the 1asis of a88lications for a 8rotection order 7nder this Act shall

ha6e 8riorit5 o6er all other 8roceedings% aranga5 officials and the co7rts shall sched7le

and cond7ct hearings on a88lications for a 8rotection order 7nder this Act a1o6e all other

17siness and/ if necessar5/ s7s8end other 8roceedings in order to hear a88lications for a

8rotection order%

,ECT"$# 2% Violation of Protection &rders% A com8laint for a 6iolation of a P$ iss7ed

7nder this Act m7st 1e filed directl5 3ith an5 m7nici8al trial co7rt/ metro8olitan trial

co7rt/ or m7nici8al circ7it trial co7rt that has territorial >7risdiction o6er the 1aranga5

that iss7ed the P$% Violation of a P$ shall 1e 87nisha1le 15 im8risonment of thirt5 (;0)

da5s 3itho7t 8re>7dice to an5 other criminal or ci6il action that the offended 8art5 ma5 file

for an5 of the acts committed%

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A >7dgement of 6iolation of a P$ ma 1e a88ealed according to the R7les of Co7rt% 7ring

trial and 78on >7dgment/ the trial co7rt ma5 mot7 8ro8rio iss7e a 8rotection order as it

deems necessar5 3itho7t need of an a88lication%

Violation of an5 8ro6ision of a TP$ or PP$ iss7ed 7nder this Act shall constit7te contem8t

of co7rt 87nisha1le 7nder R7le of the R7les of Co7rt/ 3itho7t 8re>7dice to an5 other

criminal or ci6il action that the offended 8art5 ma5 file for an5 of the acts committed%

,ECT"$# 22% %pplicability of Protection &rders to Criminal Cases. The foregoing

8ro6isions on 8rotection orders shall 1e a88lica1le in im8liedl5 instit7ted 3ith the criminal

actions in6ol6ing 6iolence against 3omen and their children%

,ECT"$# 2;% Bond to 'eep the Peace% The Co7rt ma5 order an5 8erson against 3hom a

8rotection order is iss7ed to gi6e a 1ond to ee8 the 8eace/ to 8resent t3o s7fficient s7reties

3ho shall 7ndertae that s7ch 8erson 3ill not commit the 6iolence so7ght to 1e 8re6ented%

,ho7ld the res8ondent fail to gi6e the 1ond as reB7ired/ he shall 1e detained for a 8eriod

3hich shall in no case e:ceed si: (') months/ if he shall ha6e 1een 8rosec7ted for acts

87nisha1le 7nder ,ection D(a) to D(f) and not e:ceeding thirt5 (;0) da5s/ if for acts

87nisha1le 7nder ,ection D(g) to D(")%

The 8rotection orders referred to in this section are the TP$s and the PP$s iss7ed onl5 15

the co7rts%

,ECT"$# 24% Prescriptive Period. Acts falling 7nder ,ections D(a) to D(f) shall 8rescri1e

in t3ent5 (20) 5ears% Acts falling 7nder ,ections D(g) to D(") shall 8rescri1e in ten (0) 5ears%

,ECT"$# 2D% Public Crime% Violence against 3omen and their children shall 1e

considered a 871lic offense 3hich ma5 1e 8rosec7ted 78on the filing of a com8laint 15 an5

citi9en ha6ing 8ersonal no3ledge of the circ7mstances in6ol6ing the commission of the

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crime%

S"CT-&1 34. Battered #oman Syndrome as a Defense. 0 Victim-s7r6i6ors 3ho are fo7nd 15

the co7rts to 1e s7ffering from 1attered 3oman s5ndrome do not inc7r an5 criminal and

ci6il lia1ilit5 not3ithstanding the a1sence of an5 of the elements for >7stif5ing

circ7mstances of self-defense 7nder the Re6ised Penal Code%

"n the determination of the state of mind of the 3oman 3ho 3as s7ffering from 1attered

3oman s5ndrome at the time of the commission of the crime/ the co7rts shall 1e assisted 15

e:8ert 8s5chiatrists@ 8s5chologists%

s defined in Section 3'c? of this )ode, attered /oman SyndromeI':WS? refers to a

scientifically defined pattern of psychological and behavioral symptoms found in women living

in battering relationships as a result of cumulative abuse.

The :attered Women Syndrome concept was derived from the fact that when the wife is

being beaten up by her husband, the wife cannot eBual the power of his husband. Thus, there is a

need for the wife to protect herself and her loved ones without incurring any criminal liability.

"n order to justify the killing, the following elements shall be present*

(.? -ach of the phases of the cycle of violence must be proved to have characteri&ed at

least two battering episodes.

1.? The final acute battering episode preceding the killing of batterer must have

produced in the battered person’s mind an actual fear of an imminent harm from

batterer and an honest belief that she needed to use force in order to save her life.

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3.? t the time of the killing , the batterer must have posed problemablenot necessarily

immediate and actualgrave harm to the accused based on the history of violence by

the former against the latter.(4

"f the invocation of the selfdefense fails, it gives rise to two mitigating circumstance *

a.? psychological paralysis or diminution of freedom to 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 impulse so powerful as to have

naturally produced passion and obfuscation.

The two circumstances did not arise from the same set of facts. The first circumstance arose from

the cyclical nature and severity of batter. The second is from violent aggression he had inflicted

on her prior killing.(7

"n proving :WS the following evidence must be proved* '(? history of the abuse, '1?

economic and social situation of the woman, '3? the number and age of her children who are in

her care or inside the home, '9? the lack of access of the woman to support services, '

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s early as (7

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:attered women exhibit common personality traits, such as low esteem, traditional

beliefs about the home, the family and the female sex role/ emotional dependence upon the

dominant male/ the tendency to accept responsibility for the batterer’s action/ and false hopes

that the relationship will improve.19

The :attered Woman Syndrome is characteri&ed by three phases of cycle of violence0*

(.? The tensionbuilding phase

1.? The acute battering incident

3.? The tranBuil, loving 'or, at least, nonviolent? phase

=uring the Tension:uilding phase, minor battering occursit could be verbal or slight physical

abuse or another form of hostile behaviour. The woman tries to pacify the batterer but this

placatoryHpassive behaviour legitimi&es her belief that the man has the right to abuse her. t

some point, violence spirals out of control0 and leads to acute battering incident.1<

The cute :attering "ncident is said to be characteri&ed by brutality, destructiveness an,

sometimes, death. The battered woman deems this incident as unpredictable, yet inevitable. t

this stage, she has a sense of detachment from the attack and terrible pain. cute battering

incidents are often very savage and out of control, that bystanders or intervenors likely to get

hurt.15

23 :oado,%.'188>?.;otes and )ases on Special 6enal %aws. Jue&on )ity* $ex 6rinting )ompany, "nc.

24 "bid.

25 6eople v Fenosa, F.$. ;o. (3

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The final phase of cycle of violence begins when the acute battering incident ends. =uring this

TranBuil 6eriod, the couple experience profound relief. +n the one hand, the batterer may show a

tender and nurturing behaviour towards his partner .1>

The nature of the defense of the :attered Woman syndrome is a justifying circumstance.

Where the brutali&ed person suffering from the syndrome, further evidence of actual physical

assault at the time of the killing is not reBuired. "ncidents of domestic battery usually have a

predictable pattern. To reBuire the battered person to await an obvious, deadly attack before she

can defend her life would amount to sentencing her to Kmurder by installment’0 Still impending

danger prior to the defendant’s use of deadly force must be shown. Threatening behavior or

communication can satisfy the reBuired imminence of danger. )onsidering such circumstances

and the existence of the syndrome, selfdefense may be appreciated.14

The law reBuires an expert testimony of a psychiatrist or psychologist to testify that the

woman is indeed suffering a :attered Woman Syndrome.

,ECT"$# 2% Prohibited Defense% eing 7nder the infl7ence of alcohol/ an5 illicit dr7g/ or

an5 other mind-altering s71stance shall not 1e a defense 7nder this Act%

26 "bid

27 "bid

28 :oado,%.'188>?.;otes and )ases on Special 6enal %aws. Jue&on )ity* $ex 6rinting )ompany,"nc.

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Aind altering substances are those which produce mood changes or distorted perceptions.

,ECT"$# 2% Custody of children% The 3oman 6ictim of 6iolence shall 1e entitled to the

c7stod5 and s788ort of her child@children% Children 1elo3 se6en () 5ears old older 17t

3ith mental or 8h5sical disa1ilities shall a7tomaticall5 1e gi6en to the mother/ 3ith right to

s788ort/ 7nless the co7rt finds com8elling reasons to order other3ise%

A 6ictim 3ho is s7ffering from 1attered 3oman s5ndrome shall not 1e disB7alified from

ha6ing c7stod5 of her children% "n no case shall c7stod5 of minor children 1e gi6en to the

8er8etrator of a 3oman 3ho is s7ffering from attered 3oman s5ndrome%

The legislators deemed it best for the interest of the children to be with their mother rather than

give them to the perpetrator who might cause them injury. The rule is not absolute. The phrase

unless the court finds compelling reasons or otherwise0 signifies that the )ourt may grant the

custody to other person as it deems it would be best for the interest of the children, such as

insanity of the mother or other circumstance that will show that the mother is not fit to be the

custodian of the children, but in no way that the batterer be the custodian of the children.

The provision is also consistent with rticles (81 '5? and(17 '7? of the 2amily )ode of

the 6hilippines. "t states that children below the age of seven years are deemed to have chosen

the mother unless the court has decided otherwise.

,ECT"$# 2&% Duties of Prosecutors5Court Personnel % Prosec7tors and co7rt 8ersonnel

sho7ld o1ser6e the follo3ing d7ties 3hen dealing 3ith 6ictims 7nder this Act<

a) comm7nicate 3ith the 6ictim in a lang7age 7nderstood 15 the 3oman or

her child= and

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1) inform the 6ictim of her@his rights incl7ding legal remedies a6aila1le and

8roced7re/ and 8ri6ileges for indigent litigants%

The provision reiterates the right of a person to be informed in a language known to

himHher. The duty falls upon the prosecutors handling the case and to court personnel as well.

The Section (1 of the $ule on !iolence against women and children issued by the

Supreme )ourt further adds the following duties to the clerk of court*

S-). (1. -uties of the cler of court . The clerk of court shall assist the petitioner

or the offended party by*

'a? )ommunicating in a language understood by the petitioner/

'b? 6roviding the petitioner with a standard petition form written in -nglish with

translation into the major local dialects, including the instructions for its

accomplishment/

'c? -nsuring the privacy of the offended party to the extent practicable while the

form is being accomplished/

'd? dvising the petitioner on the availability of legal assistance from the 6ublic

ttorneyLs +ffice of the =epartment of Gustice or any public legal assistance

office/

'e? dvising the petitioner on entitlement of support services from the =SW= and

%F@s/

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'f? dvising the petitioner on the availability of an affidavit of indigency in lieu of

payment of the filing fee/

'g? 6roviding the offended party with a certified copy of the protection order as

well as giving the necessary information regarding the process for its service and

enforcement/

h? Aaking available informative materials on violence against women and their

children, including their rights as victims/ and

'i? "nforming the offended party that compensation is available from the

=epartment of Gustice :oard of )laims in accordance with the provisions of $..

;o. >387 '(771?, otherwise known as In ct )reating a :oard of )laims @nder

the =epartment of Gustice for !ictims of @njust "mprisonment or =etention and

!ictims of !iolent )rime and 2or +ther 6urposes.I17

The clerk of court may likewise advise the petitioner of the availability of assistance from the

6ublic ttorneys +ffice or other legal aid centers or half way houses.38

,ECT"$# ;0% Duties of Barangay &fficials and (a "nforcers% aranga5 officials and la3

enforcers shall ha6e the follo3ing d7ties<

29 .A. ;o. 89(8((S)

30 guilar, ;. '188

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(a) res8ond immediatel5 to a call for hel8 or reB7est for assistance or

8rotection of the 6ictim 15 entering the necessar5 3hether or not a 8rotection

order has 1een iss7ed and ens7re the safet5 of the 6ictim@s=

(1) confiscate an5 deadl5 3ea8on in the 8ossession of the 8er8etrator or

3ithin 8lain 6ie3=

(c) trans8ort or escort the 6ictim@s to a safe 8lace of their choice or to a clinic

or hos8ital=

(d) assist the 6ictim in remo6ing 8ersonal 1elongs from the ho7se=

(e) assist the 1aranga5 officials and other go6ernment officers and em8lo5ees

3ho res8ond to a call for hel8=

(f) ens7re the enforcement of the Protection $rders iss7ed 15 the Punong

Barangay or the co7rts=

(g) arrest the s7s8ected 8er8etrator 3itho7t a 3arrant 3hen an5 of the acts

of 6iolence defined 15 this Act is occ7rring/ or 3hen he@she has 8ersonal

no3ledge that an5 act of a17se has >7st 1een committed/ and there is

imminent danger to the life or lim1 of the 6ictim as defined in this Act= and

(h) immediatel5 re8ort the call for assessment or assistance of the ,W/

social Welfare e8artment of !+Us or accredited non-go6ernment

organi9ations (#+$s)%

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An5 1aranga5 official or la3 enforcer 3ho fails to re8ort the incident shall 1e lia1le for a

fine not e:ceeding Ten Tho7sand Pesos (P0/000%00) or 3hene6er a88lica1le criminal/ ci6il

or administrati6e lia1ilit5%

"n the Supreme )ourt "ssuance .A. ;o. 89(8(( i.e. $ule on !iolence gainst Women,

Section (4 par. 1 states that* The law enforcement officer shall submit a written report to the

court within twentyfour hours from receipt setting forth compliance with such order.

Section 38 is a very important article. "t enumerates the duties of the barangay officials

and law enforcers and at the same time defines the scope of their power. The law enforcers have

the power to respond to the call of help of the victim and to enter premises where the victim is

located whether or not there is a protection order. Without this article, the law enforcers cannot

immediately respond to the call of help of the victim without first obtaining court order as they

may violate the constitutional right of the perpetrator. The law enforcers may also arrest the

perpetrator without a warrant but personal knowledge of the abuse is necessary and there must

also be an imminent danger to the life of the victim. The law enforcers also have the duty to

report to the court that the incident happened and failure of which imposes liability to the law

enforcers.

,ECT"$# ;% Healthcare Provider Response to %buse An5 healthcare 8ro6ider/ incl7ding/

17t not limited to/ an attending 8h5sician/ n7rse/ clinician/ 1aranga5 health 3orer/

thera8ist or co7nselor 3ho s7s8ects a17se or has 1een informed 15 the 6ictim of 6iolence

shall

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(a) 8ro8erl5 doc7ment an5 of the 6ictim?s 8h5sical/ emotional or

8s5chological in>7ries=

(1) 8ro8erl5 record an5 of 6ictim?s s7s8icions/ o1ser6ations and

circ7mstances of the e:amination or 6isit=

(c) a7tomaticall5 8ro6ide the 6ictim free of charge a medical certificate

concerning the e:amination or 6isit=

(d) safeg7ard the records and mae them a6aila1le to the 6ictim 78on

reB7est at act7al cost= and

(e) 8ro6ide the 6ictim immediate and adeB7ate notice of rights and remedies

8ro6ided 7nder this Act/ and ser6ices a6aila1le to them%

The following are health care providers, but not limited to*

(? 6hysician1? ;urse

3? )linician

9? :arangay health worker

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conseB7ences of s7ch 6iolence 8artic7larl5 to3ards ed7cating the 871lic on its social

im8acts%

"t shall 1e the d7t5 of the concerned go6ernment agencies and !+U?s to ens7re the

s7stained ed7cation training of their officers and 8ersonnel on the 8re6ention of 6iolence

against 3omen and their children 7nder the Act%

Fovernment agencies must not only educate and inform but they must also make sure

that remedies are available to the victims.

,ECT"$# ;;% Prohi1ited Acts% A P7nong aranga5/ aranga5 Faga3ad or the co7rt

hearing an a88lication for a 8rotection order shall not order/ direct/ force or in an5 3a5

7nd7l5 infl7ence he a88licant for a 8rotection order to com8romise or a1andon an5 of the

reliefs so7ght in the a88lication for 8rotection 7nder this Act% ,ection of the *amil5

Co7rts Act of && and ,ections 40/ 4/ 42 and 4; of the !ocal +o6ernment Code of

&& shall not a88l5 in 8roceedings 3here relief is so7ght 7nder this Act%

*ail7re to com8l5 3ith this ,ection shall render the official or >7dge administrati6el5 lia1le%

Section > of the 2amily )ourts ct3( speaks of special provisional remedies such as

temporary custody of the children, support pende lite including deduction from salary and use of

conjugal home are not available where relief is being prayed for under $.. 7151.

31Sec. >. Special 6rovisional $emedies. "n cases of violence among immediate family members living in the same domicile or household, the 2amily )ourt may issue a restraining order against the accused of defendant upon verified application bythe complainant or the victim for relief from abuse.

The court may order the temporary custody of children in all civil actions for their custody. The court may also order support pendente lite, including deduction from the salary and use of conjugal home and other properties in all civil actions for support.

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Sections 9(831, 9((33, 9(139 and 9(33

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3itho7t 7sing 6iolence or restraint greater than necessar5 to ens7re the safet5 of the 6ictim/

shall not 1e lia1le for an5 criminal/ ci6il or administrati6e lia1ilit5 res7lting therefrom%

6ersons who ensure safety of the victim are exempt from criminal, civil or administrative

liability but the following elements must concur*

(? he must act to ensure the safety of the victim

1? he must act in accordance with the law3? he must not act with violence or restraint greater than necessary

The third element means that as much as possible the person ensuring the safety of the victim

must not resort to violence as a means to save the victim but if violence is necessary to repel the

aggression of the perpetrator then the force applied must be reasonable.

,ECT"$# ;D% Rights of Victims. 0 "n addition to their rights 7nder e:isting la3s/ 6ictims of

6iolence against 3omen and their children shall ha6e the follo3ing rights<

(a) to 1e treated 3ith res8ect and dignit5=

(1) to a6ail of legal assistance form the PA$ of the e8artment of G7stice

($G) or an5 871lic legal assistance office=

(c) To 1e entitled to s788ort ser6ices form the ,W and !+Us?

(d) To 1e entitled to all legal remedies and s788ort as 8ro6ided for 7nder the

*amil5 Code= and

(e) To 1e informed of their rights and the ser6ices a6aila1le to them incl7ding

their right to a88l5 for a 8rotection order%

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,ECT"$# ;'% Damages. 0 An5 6ictim of 6iolence 7nder this Act shall 1e entitled to act7al/

com8ensator5/ moral and e:em8lar5 damages%

Section 3< of the $ule on !iolence gainst Women and their )hildren35 states that*

S90' +:' 1rosecution of ci!il action for damages' " The ci!il action for damages shall be

go!erned by the (;;7 Rules of 0i!il 1rocedure'

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"n order that moral damages may be awarded, the amount of indemnity being left to the

discretion of the court, it nevertheless essential that the claimant satisfactorily proves the

existence of the factual basis of the damage and its causal relation to defendant’s acts. mong the

factors courts take into account in assessing moral damages are the professional, social, political

and financial standing of the offended party on one hand, and the business and the financial

position of the offender on the other hand.37

,ECT"$# ;% Hold Departure &rder. 0 The co7rt shall e:8edite the 8rocess of iss7ance of a

hold de8art7re order in cases 8rosec7ted 7nder this Act%

#old =eparture order'#=+? is an order issued by a competent authority preventing the departure

of a person named in the said order form going out of the country. #=+ may be issued for the

purpose of assuring that the perpetrator will not be able to escape liability by going abroad.

,ECT"$# ;% "!emption from Payment of Doc$et 2ee and &ther "!penses. 0 "f the 6ictim is

an indigent or there is an immediate necessit5 d7e to imminent danger or threat of danger

to act on an a88lication for a 8rotection order/ the co7rt shall acce8t the a88lication

3itho7t 8a5ment of the filing fee and other fees and of transcri8t of stenogra8hic notes%

The provision is in accordance with the )onstitutional mandate to provide legal

assistance to the underprivileged. "t took into account the fact that majority of the abused women

38

guilar, ;. '188

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and children come from economically depressed area. The provision mandates the court to

accept the petition without prepayment of the reBuired fees even if the petitioner is not indigent if

there is an immediate necessity to act on the on the petition due to imminent danger or threat of

danger to the petitioner."t is noted that violence is sometimes committed during nighttime and its

unpredictability precludes the victims from immediately having the means to pay the fees

reBuired in the filing of petition.98

,ECT"$# ;&% -nter/%gency Council on Violence %gainst #omen and Their Children )-%C/

V%#C*. "n 87rs7ance of the a1o6ementioned 8olic5/ there is here15 esta1lished an "nter-

Agenc5 Co7ncil on Violence Against Women and their children/ hereinafter no3n as the

Co7ncil/ 3hich shall 1e com8osed of the follo3ing agencies<

(a) e8artment of ,ocial Welfare and e6elo8ment (,W)=

(1) #ational Commission on the Role of *ili8ino Women (#CR*W)=

(c) Ci6il ,er6ice Commission (C,C)=

(d) Commission on .7man rights (C.R)

(e) Co7ncil for the Welfare of Children (CWC)=

(f) e8artment of G7stice ($G)=

(g) e8artment of the "nterior and !ocal +o6ernment ("!+)=

40

guilar, ;. '188

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(h) Phili88ine #ational Police (P#P)=

(i) e8artment of .ealth ($.)=

(>) e8artment of Ed7cation (e8Ed)=

() e8artment of !a1or and Em8lo5ment ($!E)= and

(l) #ational 7rea7 of "n6estigation (#")%

These agencies are tased to form7late 8rograms and 8ro>ects to eliminate VAW 1ased on

their mandates as 3ell as de6elo8 ca8a1ilit5 8rograms for their em8lo5ees to 1ecome more

sensiti6e to the needs of their clients% The Co7ncil 3ill also ser6e as the monitoring 1od5 as

regards to VAW initiati6es%

The Co7ncil mem1ers ma5 designate their d7l5 a7thori9ed re8resentati6e 3ho shall ha6e a

ran not lo3er than an assistant secretar5 or its eB7i6alent% These re8resentati6es shall

attend Co7ncil meetings in their 1ehalf/ and shall recei6e emol7ments as ma5 1e

determined 15 the Co7ncil in accordance 3ith e:isting 17dget and acco7nting r7les and

reg7lations%

Section 37 reBuires the enumerated government agencies to form a council to be able to assure

that there will be projects and campaigns fighting the violence against women and their

children'!W)? and to ensure that there will be programs implemented to raise awareness of the

effects of !W).

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,ECT"$# 40% ,andatory Programs and Services for Victims. 0 The ,W/ and !+U?s shall

8ro6ide the 6ictims tem8orar5 shelters/ 8ro6ide co7nseling/ 8s5cho-social ser6ices and @or/

reco6er5/ reha1ilitation 8rograms and li6elihood assistance%

The $. shall 8ro6ide medical assistance to 6ictims%

,ECT"$# 4% Counseling and Treatment of &ffenders. 0 The ,W shall 8ro6ide

reha1ilitati6e co7nseling and treatment to 8er8etrators to3ards learning constr7cti6e 3a5s

of co8ing 3ith anger and emotional o7t17rsts and reforming their 3a5s% When necessar5/

the offender shall 1e ordered 15 the Co7rt to s71mit to 8s5chiatric treatment or

confinement%

The law mandates =SW= to provide for necessary programs, not only for the victims but

also for the perpetrator, for rehabilitation and counseling programs and to learn ways of coping

with anger and emotional outburst and reform their ways.

,ECT"$# 42% Training of Persons -nvolved in Responding to Violence %gainst #omen and

their Children Cases. 0 All agencies in6ol6ed in res8onding to 6iolence against 3omen and

their children cases shall 1e reB7ired to 7ndergo ed7cation and training to acB7aint them

3ith<

a% the nat7re/ e:tend and ca7ses of 6iolence against 3omen and their

children=

1% the legal rights of/ and remedies a6aila1le to/ 6ictims of 6iolence against

3omen and their children=

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c% the ser6ices and facilities a6aila1le to 6ictims or s7r6i6ors=

d% the legal d7ties im8osed on 8olice officers to mae arrest and to offer

8rotection and assistance= and

e% techniB7es for handling incidents of 6iolence against 3omen and their

children that minimi9e the lielihood of in>7r5 to the officer and 8romote the

safet5 of the 6ictim or s7r6i6or%

The P#P/ in coordination 3ith !+U?s shall esta1lish an ed7cation and training 8rogram

for 8olice officers and 1aranga5 officials to ena1le them to 8ro8erl5 handle cases of

6iolence against 3omen and their children%

%aw enforcers and persons who are responsible for responding to save the victim are

reBuired to undergo training to acBuaint themselves to all the necessary information, powers and

limitations of their power to be able to perform their job well and within the mandates of the law.

,ECT"$# 4;% "ntitled to (eave. 0 Victims 7nder this Act shall 1e entitled to tae a 8aid

lea6e of a1sence 78 to ten (0) da5s in addition to other 8aid lea6es 7nder the !a1or Code

and Ci6il ,er6ice R7les and Reg7lations/ e:tendi1le 3hen the necessit5 arises as s8ecified in

the 8rotection order%

An5 em8lo5er 3ho shall 8re>7dice the right of the 8erson 7nder this section shall 1e

8enali9ed in accordance 3ith the 8ro6isions of the !a1or Code and Ci6il ,er6ice R7les and

Reg7lations% !ie3ise/ an em8lo5er 3ho shall 8re>7dice an5 8erson for assisting a co-

em8lo5ee 3ho is a 6ictim 7nder this Act shall lie3ise 1e lia1le for discrimination%

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Women employees, who are victims as defined in $epublic ct ;o. 7151, otherwise

known as the nti!iolence against Women and Their )hildren %aw, are entitled to a leave of up

to ten '(8? days with full pay. The said leave shall be extended when the need arises, as specified

in the protection order issued by the barangay or the court. The leave benefit shall cover the days

that the woman employee has to attend to medical and legal concerns.

"n order to be entitled to the leave benefit, the only reBuirement is for the victim

employee to present to her employer a certification from the barangay chairman '6unong

:arangay? or barangay councilor 'barangay kagawad? or prosecutor or the )lerk of )ourt, as the

case may be, that an action relative to the matter is pending.

The usage of the tenday leave shall be at the option of the woman employee. "n the event that

the leave benefit is not availed of, it shall not be convertible into cash and shall not be

cumulative.9(

,ECT"$# 44% Confidentiality. 0 All records 8ertaining to cases of 6iolence against 3omen

and their children incl7ding those in the 1aranga5 shall 1e confidential and all 871lic

officers and em8lo5ees and 871lic or 8ri6ate clinics to hos8itals shall res8ect the right to

8ri6ac5 of the 6ictim% Whoe6er 871lishes or ca7ses to 1e 871lished/ in an5 format/ the

name/ address/ tele8hone n7m1er/ school/ 17siness address/ em8lo5er/ or other identif5ing

information of a 6ictim or an immediate famil5 mem1er/ 3itho7t the latter?s consent/ shall

1e lia1le to the contem8t 8o3er of the co7rt%

41

;.. #ow to vail %eave for !ictims of !iolence against Women and their )hildren0. $etrieved* Ganuary 3, 18(9 from http*HHndvlaw.comHhow

toavailofleaveforvictimsundertheantiviolenceagainstwomenlawH

http://ndvlaw.com/how-to-avail-of-leave-for-victims-under-the-anti-violence-against-women-law/http://ndvlaw.com/how-to-avail-of-leave-for-victims-under-the-anti-violence-against-women-law/http://ndvlaw.com/how-to-avail-of-leave-for-victims-under-the-anti-violence-against-women-law/http://ndvlaw.com/how-to-avail-of-leave-for-victims-under-the-anti-violence-against-women-law/

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An5 8erson 3ho 6iolates this 8ro6ision shall s7ffer the 8enalt5 of one () 5ear

im8risonment and a fine of not more than *i6e .7ndred Tho7sand 8esos (PD00/000%00)%

The law places a high premium on the privacy and confidentiality proceedings, hence, it imposes

a penalty of one year imprisonment and a fine of not more than 2ive #undred Thousand

'6

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