9262 Lecture for Brgy Off

8/4/2019 9262 Lecture for Brgy Off

http://slidepdf.com/reader/full/9262-lecture-for-brgy-off 1/45

PSI MA CECILIA R DETABLAN

RIID, PRO6



WHO ARE PROTECTED?

* WOMEN

* CHILDREN OF THE ABUSED WOMEN

- legitimate

- illegitimate

- children under her care/custody

- children within or without in the

family abode.



WHO ARE LIABLE?

* HUSBANDS

* EX/FORMER HUSBANDS

* BOYFRIENDS/EX BOYFRIENDS

* LESBIAN PARTNERS/EX-

* ANY PERSON WITH WHOM THE WOMAN

HAS/HAD A-- DATING RELATIONSHIP

- SEXUAL RELATIONSHIP



WHAT IS VIOLENCE AGAINST

WOMEN & THEIR CHILDREN?

Any act or series of acts by anyperson against a woman covered by

this Act which result in or likely to result

in physical, sexual, psycho- logical

harm or suffering or economic abuse .



Types of Violence Punishable Under This Law

1. PHYSICAL VIOLENCE- Physical Injuries

- Mutilation

2. SEXUAL VIOLENCE

Any act which is sexual in nature committed

against a woman or her child:

- rape,

- acts of lasciviousness

- treating the woman or child as sex object



- Forcing the woman or child to watchobscene movies/engage in sexualactivity.

- making demeaning and sexuallyaggressive remarks

- physically attacking the sexual parts ofthe victim’s body

- forcing the wife and mistress/lover to live

in the conjugal home or sleep together inthe same room with the abuser

- prostituting the woman or her child.



3. ECONOMIC ABUSE

* Acts that make or attempt to make a woman

financially dependent, which includes:- withdrawal of or insufficient of financial

support

- preventing her from engaging in alegitimate profession, business or activity

- deprivation or threat of deprivation of

financial resources- destroying household property

- controlling victim’s own money or

properties.



- peering in the window; lingering outside

residence

- entering or remaining in the house or inthe property of the woman or her child

- destroying personal belongings

- causing or harm to animals, pets of the woman or her child.

- inflicting or threatening to inflict

physical harm on oneself for the purpose of

controlling her actions or decisions.

- threatening the woman that she will lost her

child



PENALTIES

• Aggravating circumstance: if the woman orchild is pregnant or committed in the

presence of her child, the penalty shall be

the maximum of the period of penalty.

• Imprisonment plus: fine of P100,000.00 -

P300,000.00 and mandatory psychologicalcounseling or psychiatric treatment.



VENUE

• CRIMINAL ACTION:- Family Court or if none,

- Regional Trial Court where the crime or

any of its elements was committed, or

- At the option of the complainant.

• PROTECTION ORDER: Family Court in the

residence of petitioner, if none, in the RTC

MTC, MCTC.



PROTECTION ORDERS

• PROTECTION ORDER - to prevent further acts of violence against a woman or her child.

• To safeguard the victim from further harm,minimizing disruption in victim’s daily life,

and give her the opportunity and ability to

regain control over her life.



Protection Orders• Prohibition from threatening or committing

personally or through another.• Prohibition from harassing, telephoning,

contracting the petitioner.

• Removal and exclusion from the residenceregardless of ownership, temporarily or

permanently where no property rights are

violated.• Stay away from petitioner, any designated

family or household member, from residence,

school, workplace or specified place.



• Directing law enforcer to accompany

petitioner to the residence, ensure

possession of property and other personaleffects; supervise respondent’s removal of

belongings.

• Temporary or permanent custody of child.• Support - automatic remittance of salary or

income by employer.

• Directing DSWD or appropriate agency toprovide shelter and social services.



Barangay Protection Order

• Issued by Punong Barangay

• Effective for 15 days only

• Ordering perpetrators to desist from

committing physical harm or threatening the

woman or her child.

• Ordering perpetrator to desist from harassing,

annoying, telephoning, contracting or

otherwise communicating with the survivor,directly or indirectly

• Ex-parte proceedings.



HEADING

VAWC FORM NR 3 CONTROL NR _____

APPLICATION FOR BARANGAY PROTECTION ORDER

a

1. NAME OF APPLICANT:____________________________AGE:______________ ADDRESS: ___________________________________ TEL NR _____________

RELATIONSHIP TO VICTIM:________________________ OCCUPATION _________

2. NAME OF VICTIMS: ___________________________ __DATE OF BIRTH________

ADDRESS: ___________________________________TEL NR _____________

CIVIL STATUS: ( ) Single ( ) Married ( ) WIDOW ( ) SEPARATED ( ) LEGALLY SEPARATED

3. OCCUPATION/SOURCE OF INCOME: ____________________________________

4. NAMES OF CHILDREN DATE OF BIRTH: SEX:

_________________ _________________ _________

_________________ _________________ _________

4a. Other Children under the care:

_________________ _________________ _________

5. NAME OF RESPONDENT: _________________________ Age: _____

OCCUPATION/SOURCE OF INCOME _____________________________________

ADDRESS: ___________________________________________Tel Nr __________

Civil Status ( )Single () Married ( ) Widower ( ) Separated



6. Relationship of Complainant to Respondent:

( ) wife ( ) former wife ( ) common-law/live-in relationship

( ) dating relationship ( ) sexual relationship

7. Acts Complained of: (Please check)

( ) threats ( ) physical injuries ( ) others

8. Date of the commission of the offense: ______________________

9. Place where the offense committed: ________________________

10. If the applicant is not a victim, state the circumstance of refusal to give consent ofthe victim:

_______________________________

(Signature of Applicant over Printed Name) _______________________________

(Date)

======================================================================

VERIFICATION OF PUNONG BARANGAY

I certify that the applicant for BPO who personally appeared before me is a bonafide resident ofthis barangay and is the same person who supplied all the above information and attest to thecorrectness of said information.

______________________________

PUNONG BARANGAY

Signature Over Printed Name

Date Issued: ____________________



BARANGAY PROTECTION ORDER

NAME OF RESPONDENT: ______________________________

ADDRESS: _______________________________________

ORDER ___________________ applied for a BPO on ______________ under oath stating that:

__________________________________________________________________

__________________________________________________________________

After having heard the application and the witnesses and evidence, the

undersigned hereby issue this BPO ordering you to immediately cease and desist fromcausing or threatening to cause physical harm to ____________________________

and her children namely:

_______________________ _____________________________ _______________________ _____________________________

This BPO is effective for 15 days from receipt.

VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW:

______________________________

Punong Barangay

Signature over Printed Name

Date Issued: ________________



Copy received by _________________________

(Signature over printed name)

Date received ___________________________

Served by: _____________________________

ATTESTATION

(In case the Punong Barangay is unavailable)

I hereby attest that the Punong Barangay ________________________was

unavailable to act on the application for Barnagay Protection Order No. ______

filed by _________________________________ on _____________ at

_____________________ at ______am/pm and issue such order.

______________________

Barangay Kagawad

Signature Over Printed Name



• KAGAWAD CAN ISSUE BPO IF PUNONG BARANGAY

IS NOT AVAILABLE BUT MOST INCLUDE ATTESTA-

TION THAT THE PUNONG BARANGAY IS

UNAVAILABLE AT THE TIME OF THE ISSUANCE OF

THE PBO.

• PUNONG BARANGAY OR KAGAWAD, LAW

ENFORCERS AND OTHER GOVERNMENT AGENCIES

SHALL NOT MEDIATE OR CONCILIATE OR INFLUENCE

THE VICTIM-SURVIVOR/PETITIONER ON A PROTECTION ORDER TO COMPROMISE OF

ABANDON THE RELIEF SOUGHT.



• PERSONAL SERVICE OF THE PBO BY THE PUNONG

BARANGAY OR BARANGAY KAGAWAD OR ANY

BARANGAY OFFICIAL• BPO DEEMED SERVED BY RECEIPT OF THE

RESPONDENT OR ANY ADULT WHO RECEIVED AT

THE ADDRESS OF RESPONDENT.• REFUSAL TO RECEIVE PBO: LEAVE COPY OF THE

BPO AT THE SAID ADDRESS IN THE PRESENCE OF

TWO (2) WITNESSES• SERVER OF BPO WILL ISSUE CERTIFICATION RE

MANNER, PLACE, DATE OF SERVICE INCLUDING

REASONS WHY BPO REMAIN UNSERVED.



• BPO IS ISSUED FREE OF CHARGE

• PUNONG BARANGAY OR KAGAWAD SHALL

ASSIST IN THE FILING OF THE TPO OR PPO WITHTHE NEAREST COURT IN THE PLACE OF

RESIDENCE OF PETITIONER.

• BARANGAY SHALL ENSURE TRANSPORTATION AND OTHER EXPENSES FOR INDIGENT

PETITIONERS.

• PRIMARY RESPONSIBILITY OF BARANGAY OFFICIALS (PB OR KAGAWAD) TO INITIATE

COMPLAINTS FOR VIOLATION OF BPOs.



• REFUSAL OF PB OR KAGAWAD TO FILE COMPLAINT

FOR VIOLATION OF BPO, VICTIM SHALL FILE

COMPLAINT (ADMIN, CIVIL, CRIMINAL ACTION) VSBARANGAY OFFICIAL CONCERNED.

• PROTECTION ORDER SHALL INCLUDE THE

FOLLOWING STATEMENT PRINTED IN BOLD-FACEDTYPE OR CAPITAL LETTERS:

“VIOLATION OF THIS ORDER IS PUNISHABLE”

• PRIORITY OVER ALL OTHER CASES

• FAILURE TO ACT - ADMINISTRATIVE LIABILITY



• PB OR KAGAWAD OR BARANGAY SECRETARY SHALL RECORD ALL VAWC CASES AND BPOs IN A

LOGBOOK SPECIFICALLY FOR VAWC CASES ONLY WHICH SHALL BE KEPT CONFIDENTIAL FROM THEPUBLIC ESPECIALLY THE MEDIA.

• SHALL SUBMIT QUARTERLY REPORT OF ALL

VAWC AND BPOs ISSUED TO THE LOCAL OFFICEOF THE DILG WHICH SHALL SUBMIT SUMMARY REPORT OF THE BPOs ISSUED TO THE

SECRETARIAT OF INTER AGENCY COUNCIL, VAWC.

• ENFORCEABLE WITHIN THE BARANGAY.



• SHALL FURNISH A COPY OF ALL THE BPOs TO THE

PNP WOMEN AND CHILDREN’S DESK AND LIST OF

VAWC CASES HANDLED WHICH SHALL ENTER THE

SAME IN A LOGBOOK

• VIOLATION OF THE BPO - SHALL BE FILED WITH

THE MTC, MCTC AND MTCC WHICH HAS

TERRITORIAL JURISDICTION OF THE BARANGAY

WHICH ISSUED THE BPO.



Temporary Protection Order

• Issued by the Court on the day of the filing

of the complaint.

• Ex-parte proceedings.

• Priority over all other cases

• Effective for 30 days; extendible



Permanent Protection Order

• Issued after notice of hearing of the case

• Priority over all other proceedings such

as election cases, habeas corpus, casesof children.



Battered Woman Syndrome

• BWS - scientifically defined pattern ofpsychological and behavioral symptoms

found in women living in battering relation-

ships as a result of cumulative abuse.

• A defense; a justifying circumstances.

• A victim with BWS is not disqualified from

having custody of her children.• Perpetrator of women with BWS shall not

have custody of the children.



Exemption:

• If the victim-survivor is an indigent or there

is an immediate necessity due to imminent

danger or threat of danger to act on anapplication for a protection order, the court

shall accept the application without

payment if the filing fee and other fees andof transcript of stenographic notes.



Prohibited Acts

• Barangay Officials or the Court hearing theapplication for a P.O. shall not order, direct,

force or in any way influence the applicantto compromise or abandon any of thereliefs sought.

• No mediation or conciliation of acts of VAWC in the barangay level. (LUPON)



Public Crime

• Any citizen having personal knowledge of

the circumstances of the offense may file a

case.• Consent of the victim not required for filing

of the case.



Who may file Protection Orders?• Offended party

• Parents or guardians

• Ascendants, descendants, collateral relatives

within the 4th degree

• Social Workers of DSWD or LGUs

• Police Officers

• Punong Barangay or Kagawad• Lawyer, counselor, therapist

• At least 2 citizens of the community who have

personal knowledge of the offense

D i f B Offi i l L



Duties of Barangay Officials & Law

Enforcers

• Enter the dwelling whether or not a P.O. has

been issued.

• Confiscate deadly weapon in possession or in

plain view.

• Transport or escort victim to safe place or

clinic/hospital

• Assist victim in removing personal belongings

from the house

• Ensure enforcement of BPO, TPO, PPO.



(cont. . ) Barangay officials/Police

• Arrest without a warrant:

– When the acts of violence is occurring, or

– When s/he has personal knowledge that theabuse has just been committed, and there isimminent danger to the life and limb of victim.

– Immediately report or call for assistance ofDSWD, LGU social workers or accredited NGOs.



Exemption from Liability

• NO CRIMINAL, CIVIL, ADMINISTRATIVELIABILITY:

– For any person, private individual, policeauthority, barangay officials acting in

accordance with law, who:

• responds or intervenes without using

violence or restraint greater than necessary

to ensure the safety of the victim.



Rights of the Victim

• Right to be treated with respect and dignity

• Legal assistance from PAO or DOJ

• To be informed of their rights and services

available (DSWD, DOH and LGUs) including

rights to avail for Protection Order.

• Additional 10 day paid leave from work asidefrom present paid leave benefits.



Counselling & Treatment of Offenders

DSWD shall provide :

• rehabilitative counseling and treatment of

perpetrators.• Constructive ways of coping with anger and

reforming their ways.

• When necessary, the Court shall orderOffender to submit to psychiatric treatment

or confinement.



Penalties for Failure to Report

Barangay Officials or Law Enforcers who

fails to report the incident shall be liable

for a fine not exceeding P10,000.00 or civil,criminal or administrative liability.



Confidentiality of Records

• Court records and barangay records must be

kept confidential.

• Closed-door investigation (police, prosecutor,

judges, medical practitioners)

– Barangay officials, law enforcers, prosecutors and

court personnel shall not disclose the names and

personal circumstances of the victim-survivors orcomplainant or any information tending to establish

their identities to the media or the public or

compromise her identity, BECAUSE . . . . .



VIOLATION OF THE CONFIDENTIALITY

MANDATE. . . .

ONE (1) YEAR IMPRISONMENT

PLUS A FINE OF NOT MORE

THAN P500,000.00



DUTIES AND FUNCTIONS OF DILG:

• Issues policies and guidelines to ensure sustainedimplementation of the provisions of the Act and its IRRto include strengthening the Barangay Council for theProtection of Children (BCPC) and the Committee on

Women and Family Affair.• Conduct programs such as, but not limited to

education and information campaign and seminars orsymposia on the nature, cause, incidence and

consequences of such violence particularly towardseducating the LGU’s including barangay officials andemployees on the social impact of VAWC.



• In coordination with the IAC-VAWC, formulateprograms and projects to effectively

implement Anti-VAWC laws including but notlimited to conduct of massive informationand education campaign on law, develop-ment/issuance of supplemental guidelines/

standards.• Ensure the continuous capacity building

activities for its employees as well as the

local officials and staff.• Monitor implementation of the Act in the

LGUs to ensure full compliance.

DUTIES AND FUNCTIONS OF BARANGAY



DUTIES AND FUNCTIONS OF BARANGAY

OFFICIALS

• Undertake an education program on RA 9262

• Have a family violence prevention program in

the barangay including counseling for men

• Support organizing efforts and development

program for women in the community.

• Prioritize livelihood projects for victim-

survivors

• Involve women in planning and implemen-

tation of programs in the barangay



• Have an anti-VAWC desk officer in thebarangay who shall coordinate a one-stop

help desk, as much as possible 24-hour open• Ensure that all barangay officials, health workers, tanods and security officers undergoseminar on RA 9262 and gender sensitivity

seminars to enable them to respond to victimsof violence.

• Document and report cases of VAWC.

• If applicable, prescribe additional guidelinesand standards provided consistent with law.

9262 Lecture for Brgy Off

Documents

Transcript of 9262 Lecture for Brgy Off