REPUBLIC ACT NO.

9262

A. International Human Rights Standards B. Local Legal Framework

BACKGROUND

A. INTERNATIONAL HUMAN RIGHTS STANDARD

The International Covenant on Civil and Political Rights (ICCPR) The International Covenant on Economic, Social and Cultural Rights (ICESR) The Convention Against Torture (CAT) The Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) The Convention on the Rights of the Child (CRC)

1987 Constitution Article II Section 2 The Philippines. . .adopts the generally accepted principles of international law as part of the law of the land . . .

B. LOCAL
1987 Constitution Article II Declaration of Principles and State Policies Sec. 11 The State values the dignity of every human person and guarantees full respect for human rights Sec. 14 The State recognizes the role of women in nationbuilding, and shall ensure the fundamental equality before the law of women and men Article XIII Social Justice and Human Rights Sec. 14 The State shall protect working women by providing safe and healthful working conditions . . .

B. LOCAL
Other laws on Violence against Women and Children

Anti Child Abuse Law (1992) RA 7877 Anti-Sexual Harassment Act of 1995 RA 8353 Anti-Rape Act of 1997 RA 8369 Family Courts Act of 1997 RA 8505 Rape Victims Assistance Act (1998) An Act penalizing matching of Filipino mail order brides (1998) RA 9208 Anti-Trafficking in Persons Act of 2003 RA 9262 Anti-Violence Against Women and their Children Act of 2004 RA 9710 Magna Carta of Women of 2009

RA 9262 ANTIVIOLENCE AGAINST WOMEN AND THEIR CHILDREN

Approved March 8, 2004 Effective March 27, 2004

What is VAWC?
VAWC seeks to address the prevalence of violence against women and children, abuses on women and their children by their partners.

Who are protected under the law?

The woman Her child Any child under the care of a woman

Who can file a case?

VAWC is a public offense under the Philippine law, so anyone who has personal knowledge of the crime may file a case on the victims behalf. This includes: parents, guardians, grandparents, children and grandchildren, other relatives, local officials, social workers, lawyers, counselors, health care providers and police

 Husband or ex-husband Live-in partner or ex-live in partner Boyfriend/girlfriend or exboyfiend/ex-girlfriend Dating partner or ex-dating partner Women can also be liable under the law. These are lesbian partners/ girlfriends or former partners of the victim with whom she has or had a sexual or dating relationship

Who can be charged for VAWC?

Who can be charged for VAWC?

Go-Tan vs Sps Tan GR No. 168852 Sept. 30, 2008 Are parents-in-law of the victim of VAWC covered by RA No. 9262? Yes. While the said provision (Sec. 3, RA 9262) provides that the offender be related or connected to the victim by marriage, former marriage, or a sexual or dating relationship, it does not preclude the application of the principle of conspiracy under the RPC. Sec. 5 expressly recognizes that the acts of violence against women and their children may be committed by an offender through another.

A. DEFINITION (SEC.3)

Violence against women and their children (par. a)

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.

Battery

(par. b)

Battered Woman Syndrome (par. c)

A scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse

An act of inflicting physical harm upon the woman or her child resulting to the physical and psychological or emotional distress

Stalking (par. d)
An intentional act committed by a person who, knowingly and without lawful justification follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a combination thereof.

Dating relationship (par. e) A situation wherein unmarried parties live as husband and wife or are romantically involved over time and on a continuing basis during the course of the relationship.

Sexual relations (par. f) Refers to a single sexual act which may or may not result in the bearing of a common child.

Children (par. h)
Are those below 18 or older but are incapable of taking care of themselves as defined under RA 7610. The term includes biological children of victim and other children under her care.

B. TYPES OF VIOLENCE COVERED SPECIFIC ACTS OF VIOLENCE / FORMS OF VAWC

Sexual Violence
refers to an act which is sexual in nature, committed against a woman or her child (Sec.3 par. A (B))

 Rape, sexual harassment, acts of lasciviousness, treating a woman or her child as sex object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victims body, forcing her to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser
acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force or other harm or threat of physical or other harm or coercion prostituting the woman or her child

Sec. 5 par.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

Psychological Violence
those acts or omissions causing or is likely to cause mental or emotional suffering of the victim (Sec. 3 par. A (c))

-intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and marital infidelity -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 and/or visitation of common children

Sec. 5 par.E

(1)Threatening to deprive or actually depriving the woman or her child of custody to her/his family (3) Depriving or threatening to deprive the woman or her child of a legal right

Sec. 5 par.F Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions

Sec. 5 par.H
(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 (5) Engaging in any form of harassment or violence

Sec. 5 par.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.

Economic Abuse
that makes or attempt to make a woman financially dependent (Sec. 3 par. A (d))

 Withdrawal of financial support or preventing victim from engaging in any legitimate profession, occupation, business or activity, except on cases wherein the other spouse/partner objects on valid, serious and moral grounds (Art. 73 Family Code) Deprivation or treat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common Destroying household property

Controlling the victims own money or properties or solely controlling the conjugal money or properties

Sec. 5 par.E
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 (2)

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 (4)

Physical Abuse
consisting of battering, assault, coercion, harassment or arbitrary deprivation of liberty (Sec. 3 par. A (a))

Sec.5 Causing physical harm to the woman or her child (A) Threatening to cause the woman or her child physical harm (B) Attempting to cause the woman or her child physical harm (C)

Placing the woman or her child in fear of imminent physical harm (D)

C. PENALTIES (SEC. 5) AND DAMAGES (SEC. 36)

Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide or murder or homicide

In accordance with the provisions of the Revised Penal Code: CONSUMMATED reclusion perpetua to death (parricide, murder) Reclusion temporal (homicide) FRUSTRATED A penalty lower by one degree than that which should be imposed

If these acts resulted in mutilation Constituting serious physical injuries Constituting less serious physical injuries Constituting slight physical injuries

Reclusion temporal to reclusion perpetua Prison mayor

Prision correccional

Arresto mayor

Acts falling under Section 5(b)

Imprisonment of two degrees lower than the prescribed penalty for the consummated crime as specified in the preceding paragraph but shall in no case be lower than arresto mayor

Acts falling under Section 5(c) and 5(d) Acts falling under Section 5(e) Acts falling under Section 5(f) Acts falling under Section 5(g) Acts falling under Section 5(h) and Section 5(i)

Arresto mayor Prision correccional Arresto mayor Prision mayor Prision mayor

If the acts are committed while the woman or child is pregnant or committed in the presence of her child --- penalty to be applied shall be the maximum period
Additional penalty: Fine in the amount of not less than One hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (300,000.00) Perpetrator undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to the court

Any victim of violence under this Act shall be entitled to actual, compensatory, moral and exemplary damages (Sec. 36)

D. PRESCRIPTION PERIOD (SEC. 24)

Acts falling under Sections 5(a) to 5(f) Acts falling under Sections 5(g) to 5(I)

Twenty (20) years Ten (10) years

E. PROHIBITED DEFENSE (SEC. 27)

Being under the influence of alcohol, any illicit drug, or any other mind-altering substance shall not be a defense under this Act

F. VENUE (SEC. 7)

Original and exclusive jurisdiction:

The Regional Trial Court designated as a Family Court In the absence of such court in the place where the offense was committed in the Regional Trial Court where the crime or any of its elements was committed at the option of the complainant.

G. PROTECTION ORDERS

Purpose (sec. 8)
Preventing further acts of violence against a woman or her child specified in Section 5 of this Act and granting other necessary relief Safeguarding the victim from further harm Minimizing any disruption in the victim's daily life Facilitating the opportunity and ability of the victim to independently regain control over her life

Who may apply? (sec. 9)

(a) the offended party (b) parents or guardians of the offended party (c) ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity (d) officers or social workers of the DSWD or social workers of local government units (LGUs) (e) police officers, preferably those in charge of women and children's desks

Who may apply? (sec. 9)

(f) Punong Barangay or Barangay Kagawad
(g) lawyer, counselor, therapist or healthcare provider of the petitioner (h) At least two (2) concerned responsible citizens of the city or municipality where the violence against women and their children occurred and who has personal knowledge of the offense committed.

Where to apply? (Sec. 10)

For BPOs: Follow the rules on venue under Section 409 of the Local Government Code of 1991 and its implementing rules and regulations
Disputes between persons actually residing in the same barangay Involving actual residents of different barangays within the same city or municipality Lupon of said barangay

In the barangay where the respondent or any of the respondents actually resides, at the election of the complainant

Where to apply? (Sec. 10)

For a TPO or PPO: May be filed in the regional trial court, metropolitan trial court, municipal trial court, municipal circuit trial court with territorial jurisdiction over the place of residence of the petitioner: Provided, however, That if a family court exists in the place of residence of the petitioner, the application shall be filed with that court.

How to file? (Sec. 11)

must be in writing signed and verified under oath by the applicant

--may be filed as an independent action or as incidental relief in any civil or criminal case the subject matter or issues thereof partakes of a violence as described in this Act

How to file? (Sec. 11)

shall contain, among other, the following information: (a) names and addresses of petitioner and respondent; (b) description of relationships between petitioner and respondent; (c) a statement of the circumstances of the abuse; (d) description of the reliefs requested by petitioner as specified in Section 8 herein; (e) request for counsel and reasons for such; (f) request for waiver of application fees until hearing; and (g) an attestation that there is no pending application for a protection order in another court.

How to file? (Sec. 11)

If the applicants is not the victim

Application must be accompanied by an affidavit of the applicant attesting to (a) the circumstances of the abuse suffered by the victim and (b) the circumstances of consent given by the victim for the filling of the application
When disclosure of the address of the victim will pose danger to her life, it shall be so stated in the application. In such a case, the applicant shall attest that the victim is residing in the municipality or city over which court has territorial jurisdiction, and shall provide a mailing address for purpose of service processing.

Enforceability of POs (Sec. 12)

Enforceable anywhere in the Philippines A violation thereof shall be punishable with a fine ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment of six (6) months

Kinds of POs
Barangay Protection Order (BPO) Temporary Protection Order (TPO) Permanent Protection Order (PPO)

Barangay Protection Order (Sec. 14)

WHAT: refer to the protection order issued by the Punong Barangay ordering the perpetrator to desist from committing acts under Section 5 (a) and (b) of this Act A Punong Barangay who receives applications for a BPO shall issue the protection order to the applicant on the date of filing after ex parte determination of the basis of the application.

BPOs
WHO: Punong Barangay

Barangay Kagawad
If the Punong Barangay is unavailable to act on the application for a BPO, the application shall be acted upon by any available Barangay Kagawad -the order must be accompanied by an attestation by the Barangay Kagawad that the Punong Barangay was unavailable at the time for the issuance of the BPO.

BPOs
Immediately after the issuance of an ex parte BPO, the Punong Barangay or Barangay Kagawad shall personally serve a copy of the same on the respondent, or direct any barangay official to effect is personal service. Effective for fifteen (15) days

Temporary Protection Order (Sec. 15)

WHAT: refers to the protection order issued by the court on the date of filing of the application after ex parte determination that such order should be issued.

A court may grant in a TPO any, some or all of the reliefs mentioned in this Act
The court shall order the immediate personal service of the TPO on the respondent by the court sheriff who may obtain the assistance of law enforcement agents for the service Effective for thirty (30) days

TPOs
The court shall schedule a hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO The TPO shall include notice of the date of the hearing on the merits of the issuance of a PPO

Permanent Protection Order (Sec. 16)

WHAT: refers to protection order issued by the court after notice and hearing If the respondents appears without counsel on the date of the hearing on the PPO, the court shall appoint a lawyer for the respondent and immediately proceed with the hearing

PPOs
Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of his lawyer shall not be a ground for rescheduling or postponing the hearing on the merits of the issuance of a PPO In case the respondent fails to appear despite proper notice, the court shall allow ex parte presentation of the evidence by the applicant and render judgment on the basis of the evidence presented

PPOs
The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in one (1) day Where the court is unable to conduct the hearing within one (1) day and the TPO issued is due to expire, the court shall continuously extend or renew the TPO for a period of thirty (30) days at each particular time until final judgment is issued

The extended or renewed TPO may be modified by the court as may be necessary or applicable to address the needs of the applicant

PPOs
The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO The court shall ensure immediate personal service of the PPO on respondent

Effective until revoked by a court upon application of the person in whose favor the order was issued

PPOs
The court shall not deny the issuance of protection order on the basis of the lapse of time between the act of violence and the filing of the application Regardless of the conviction or acquittal of the respondent, the Court must determine whether or not the PPO shall become final Even in a dismissal, a PPO shall be granted as long as there is no clear showing that the act from which the order might arise did not exist

Violation of Protection Orders (Sec. 21)

A complaint for a violation of a BPO issued under this Act must be filed directly with any municipal trial court, metropolitan trial court, or municipal circuit trial court that has territorial jurisdiction over the barangay that issued the BPO Violation of a BPO shall be punishable by imprisonment of thirty (30) days without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed

Violation of Protection Orders (Sec. 21)

Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt of court punishable under Rule 71 of the Rules of Court, without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed

H. RIGHTS OF VICTIMS (SEC. 35)

(a)to be treated with respect and dignity

(b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any public legal assistance office (c) To be entitled to support services form the DSWD and LGUs (d) To be entitled to all legal remedies and support as provided for under the Family Code (e) To be informed of their rights and the services available to them including their right to apply for a protection order.

Mandatory Services for Victim-Survivors (Sec.40)

Temporary shelter Counselling Psycho-social services and/or recovery and rehabilitation programs Livelihood assistance --------------by the DSWD and LGUs Medical assistance --------------by DOH

I. RESPONSIBILITIES/DUTIES OF BARANGAY, OTHER GOVERNMENT AGENCIES AND LGU (SEC. 30, 32) AND PROSECUTOR (SEC.29)

Duties of Barangay Officials and Law Enforcers (Sec. 30)

(a) respond immediately to a call for help or request for assistance or protection of the victim by entering the necessary whether or not a protection order has been issued and ensure the safety of the victim/s (b) confiscate any deadly weapon in the possession of the perpetrator or within plain view (c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital

(d) assist the victim in removing personal belongs from the house

Duties of Barangay Officials and Law Enforcers (Sec. 30)

(e) assist the barangay officials and other government officers and employees who respond to a call for help (f) ensure the enforcement of the Protection Orders issued by the Punong Barangy or the courts

(g) arrest the suspected perpetrator wiithout a warrant when any of the acts of violence defined by this Act is occurring, or when he/she has personal knowledge that any act of abuse has just been committed, and there is imminent danger to the life or limb of the victim as defined in this Act
(h) immediately report the call for assessment or assistance of the DSWD, social Welfare Department of LGUs or accredited non-government organizations (NGOs).

Duties of other Government Agencies and LGUs (Sec. 32)

Establish programs such as, but not limited to, education and information campaign and seminars or symposia on the nature, causes, incidence and consequences of such violence particularly towards educating the public on its social impacts. To ensure the sustained education and training of their officers and personnel on the prevention of violence against women and their children under the Act

Duties of Prosecutors/Court Personnel (Sec. 29)

a) communicate with the victim in a language understood by the woman or her child; and
b) inform the victim of her/his rights including legal remedies available and procedure, and privileges for indigent litigants

The implementing rules and regulations of RA 9262 prohibits barangay officials to mediate the settlement of the VAWC issue between the victim and the accused. Barangay officials as well as Judges who issued the POs have no power to mediate in VAWC cases

Counseling and Treatment of Offenders. (Sec. 41)

The DSWD shall provide rehabilitative counseling and treatment to perpetrators towards learning constructive ways of coping with anger and emotional outbursts and reforming their ways. When necessary, the offender shall be ordered by the Court to submit to psychiatric treatment or confinement

People vs Genosa
GR No. 135981 January 15, 2004

J. BATTERED WOMAN SYNDROME

Facts:

Marivic Genosa, the Appellant on the 15November1995, attacked and wounded his husband, which ultimately led to his death. According to the appellant she did not provoke her husband when she got home that night it was her husband who began the provocation. The Appellant said she was frightened that her husband would hurt her and she wanted to make sure she would deliver her baby safely. In fact, The Appelant had to be admitted later at the Rizal Medical Centre as she was suffering from eclampsia and hypertension, and the baby was born prematurely on December 1, 1995

Facts:
The Appellant testified that during her marriage she had tried to leave her husband at least five (5) times, but that Ben would always follow her and they would reconcile. The Apellant said that the reason why Ben was violent and abusive towards her that night was because 'he was crazy about his recent girlfriend, Lulu Rubillos.

The Appellant after being interviewed by specialists, has been shown to be suffering from Battered Woman Syndrome. The appellant with a plea of self defense admitted the killing of her husband, she was then found guilty of Parricide, with the aggravating circumstance of treachery, for the husband was attacked while asleep.

Battered Woman
One who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to coerce her to do something he want her to do without concern for her rights. It includes wives or women in any form of intimate relationship with men.

Cycle of violence
Tension-building phase minor battering occurs woman tries to pacify the batterer, but believes the man has the right to abuse her; violence sometimes springs out of control Acute battering incident- characterized by brutality, destructiveness and even death; BW deems it unpredictable or inevitable Tranquil, loving phase the couple experience profound relief; batterer may show a tender and nurturing behavior towards the BW ---To be classified as BW, the couple must through the battering cycle at least twice

BWS as a defense (Sec. 26)

Victim-survivors who are found by the courts to be suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of the elements for justifying circumstances of self-defense under the Revised Penal Code

To justify killing through BWS

Each of the phases of cycle of violence must be proved to have characterized at least two battering episodes The final acute battering episode preceding the killing of the batterer must have produced in the battered persons mind an actual fear of an imminent harm from the batterer and an honest belief that she needed to use force to save her life

At the time of the killing, the batterer must have posed probable-not necessarily immediate and actual-grave harm to accused on te history of violence by the former against the latter

If the BWS defense fails..

It gives rise to two mitigating circumstances 1. Psychological paralysis or diminution of freedom of action, intelligence or intent analogous to illness that diminishes exercise of will power without depriving her of consciousness of her acts --- arises from the cyclical nature and severity of battery 1. Passion and obfuscation, of having acted upon an impulse so powerful as to have naturally produced passion and obfuscation -- arises from violent aggression he had inflicted on her prior to killing

K. JURISPRUDENCE

RUSTAN ANG y PASCUA vs. THE HONORABLE COURT OF APPEALS and IRISH SAGUD G.R. No. 182835 April 20, 2010
Facts

Irish and Rustan were classmates at Wesleyan University in Aurora. They became on-and-off sweethearts towards the end of 2004. Irish learned that Rustan had taken a live-in partner (now his wife), whom he had gotten pregnant. She broke up with him. Before Rustan got married, he tried to convince Irish to elope with him. Irish rejected the proposal. Irish changed her cellphone number but Rustan managed to get hold of it and sent her text messages. He used two cellphone numbers. Irish asked him to leave her alone. One day, she received, via multimedia message service (MMS), a picture of a naked woman with spread legs and with Irishs face superimposed on the figure. The sender was one of the numbers that Rustan used. He boasted that it would be easy for him to create similarly scandalous pictures of her, and he threatened to spread the picture on the internet

RUSTAN ANG y PASCUA vs. THE HONORABLE COURT OF APPEALS and IRISH SAGUD G.R. No. 182835 April 20, 2010

Issue: Whether or not accused Rustans act of sending Irish by cellphone message the picture with her face pasted on the body of a nude woman, inflicting anguish, psychological distress, and humiliation on her a violation of Section 5(h) of R.A. 9262

RUSTAN ANG y PASCUA vs. THE HONORABLE COURT OF APPEALS and IRISH SAGUD G.R. No. 182835 April 20, 2010
RULING:

YES. The prosecution proved each and every element of the crime. The provisions of RA 9262 indicate that the elements of the crime of violence against women through harassment are: 1. The offender has or had a sexual or dating relationship with the offended woman; 2. The offender, by himself or through another, commits an act or series of acts of harassment against the woman; and 3. The harassment alarms or causes substantial emotional or psychological distress to her.

RUSTAN ANG y PASCUA vs. THE HONORABLE COURT OF APPEALS and IRISH SAGUD G.R. No. 182835 April 20, 2010
Section 3(e) provides that a dating relationship includes a situation where the parties are romantically involved over time and on a continuing basis during the course of the relationship.

Rustan claims that being romantically involved, implies sexual relations. R.A. 9262 provides in Section 3 that violence against women refers to any act or a series of acts committed by any person against a woman with whom the person has or had a sexual or dating relationship.
The law itself distinguishes a sexual relationship from a dating relationship.

RUSTAN ANG y PASCUA vs. THE HONORABLE COURT OF APPEALS and IRISH SAGUD G.R. No. 182835 April 20, 2010
Rustan argues that the one act of sending an offensive picture should not be considered a form of harassment. The law punishes any act or series of acts that constitutes violence against women. A single act of harassment, which translates into violence, would be enough. The object of the law is to protect women and children. Punishing only violence that is repeatedly committed would license isolated ones. Rustan alleges that todays women, like Irish, are so used to obscene communications that her getting one could not possibly have produced alarm in her or caused her substantial emotional or psychological distress.

RUSTAN ANG y PASCUA vs. THE HONORABLE COURT OF APPEALS and IRISH SAGUD G.R. No. 182835 April 20, 2010
Court cannot measure the trauma that Irish experienced. What is obscene and injurious to an offended woman can of course only be determined based on the circumstances of each case. Here, the naked woman on the picture, her legs spread open and bearing Irishs head and face, was clearly an obscene picture and, to Irish a revolting and offensive one. Surely, any woman like Irish, who is not in thepornography trade, would be scandalized and pained if she sees herself in such a picture. What makes it further terrifying is that, as Irish testified, Rustan sent the picture with a threat to post it in the internet for all to see.

MORE ABOUT VAWC

 VAW is a worldwide phenomenon. The World Health Organization (WHO) reports that Half of all women who die from homicide are killed by their current or former husbands and partners. They succumbed to gunshot wounds, burns, hemorrhages and other physical injuries resulting from various forms of abuse.
In the Philippines, while the documentation of all forms of VAW has yet to be achieved, existing data indicate that VAW is a pervasive social problem. Due to the sensitivity of the issues and its impact on women and their families, many cases of violence against women often go unreported.

 In 2011 the number of VAW cases reported to the Philippine National Police (PNP) decreases by 14.3 percent from the 2010 report. The decrease caused the trend to go downward after a five-year upward trend from 2006 to 2010. The 2010 report (15,104) is so far the highest number of reported VAW cases since 1997. The trend, however, is not conclusive of a decreasing or increasing VAW incidence in the country because data are based only from what was reported to PNP. Across an eight-year period from 2004 to 2011, average violations of RA 9262 ranked first at 49.0 percent among the different VAW categories since its implementation in 2004.

 Reported cases under RA 9262 continue to increase from 218 in 2004 to 9,021 cases in 2011. Continuous information campaign on the law and its strict implementation may have caused the increasing trend. Since 2004, wife battering cases have been categorized under Violation of RA 9262 that is, if the victim files a case under such law, otherwise the reported cases will fall under physical injuries category. Physical injury is now the second most prevalent case across the eight-year period, accounting for 23.5 percent of all reported VAW cases nationwide.

 Reported incidence of physical injury has been decreasing in the latter years. Its peak was in 2001 at 5,668 reported cases. The decrease can be partly attributed to the enactment into law of RA 9262 or Anti-VAWC Act of 2004 which penalizes abusive husbands and live-in partners. However, in 2009 and 2010 the reported cases show an increasing trend but it slides back in 2011. Reported rape cases which ranked third accounted for about 10.3 percent of total reported VAW cases from 2004 to 2011. Acts of lasciviousness ranked fourth at an average of 520 reported cases accounting for 6.2 percent of all reported VAW cases from 2004 to 2011. The comparative figures indicate an upward trend of the reported cases after a record low of 382 reported cases in 2006.

 Among the different regions, Region 6 (Western Visayas) posted the highest reported VAW cases from January to December 2011 with 2,772 reported cases, accounting for 21.4 percent of the total reported VAW cases nationwide. Region 11 (Davao) comes next at 2,490 (19.2%) reported VAW cases followed by Region 7 (Central Visayas) with 1,447 reported VAW cases or 11.2 percent of the total reported VAW cases nationwide. The Autonomous Region of Muslim Mindanao (ARMM) posted the lowest reported VAW cases with 81 cases in 2011. *This is from http://pcw.gov.ph/statistics/201210/statis tics-violence-against-filipino-women

Issues and Challenges

The law does not provide for appropriations, funding for training of implementers and support services for the woman Corruption in the judiciary, prosecution service Low level of gender sensitivity among prosecutors Ignorance of the law by police officers who are not in the womens and childrens desks Lack of quality gender sensitivity seminars for judges who are not family court judges, and prosecutors Misuse of the laws and rules by lawyers, e.g. retaliation suits against women who have protection orders

VAWC VIS--VIS RPC

The Circumstance of Relationship

VAWC relationship is an element of the offense itself RPC relationship is generally aggravating in the crimes against persons

Serious Physical Injury

VAWC
The penalty provided by the Anti-VAWC Act is graver than that of the Revised Penal Code; and The scope of relationship under the Anti-VAWC Act is broader than that of the RPC as the former includes those committed against a wife or former wife, or with whom the abuser has or had a sexual or dating relationship, or with whom the abuser has a common child; or the womans child, whether legitimate or illegitimate, while the latter only recognizes acts committed against the wife and descendant

RPC
the penalty provided by the Revised Penal Code varies according to the effects created by the violent act For example, if due to the violent act of the perpetrator, the abused woman suffers from physical injuries that cause the incapacity for labor of the injured person for more than thirty days, the penalty to be imposed is arresto mayor in its maximum period. If the offended party is the spouse or descendant of the offender, the penalty imposed is higher, in our example, prision correccional in its minimum and medium periods

Rape
VAWC
Under the Act, rape is an act of sexual violence which is committed by any person against a woman, who is his wife, former wife, or against a woman with whom the person has had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate. However, the law does not provide a definition of rape nor does it provide a specific penalty thereof. In this case, the provisions of the Revised Penal Code on rape will have to apply will all the legal effects.

RPC
Under the Anti-Rape Act (incorporated as Articles 266-A to 266-D of the Revised Penal Code), the crime of rape is committed either through sexual intercourse or sexual assault Rape through sexual intercourse shall be punished by reclusion perpetua.

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