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8/4/2019 9262 Lecture for Brgy Off
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PSI MA CECILIA R DETABLAN
RIID, PRO6
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WHO ARE PROTECTED?
* WOMEN
* CHILDREN OF THE ABUSED WOMEN
- legitimate
- illegitimate
- children under her care/custody
- children within or without in the
family abode.
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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
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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 .
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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
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- 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.
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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.
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- 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
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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.
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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.
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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.
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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.
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• 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.
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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.
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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
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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: ____________________
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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: ________________
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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
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• 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.
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• 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.
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• 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.
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• 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
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• 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.
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• 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.
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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
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Permanent Protection Order
• Issued after notice of hearing of the case
• Priority over all other proceedings such
as election cases, habeas corpus, casesof children.
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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.
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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.
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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)
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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.
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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
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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.
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(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.
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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.
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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.
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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.
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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.
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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 . . . . .
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VIOLATION OF THE CONFIDENTIALITY
MANDATE. . . .
ONE (1) YEAR IMPRISONMENT
PLUS A FINE OF NOT MORE
THAN P500,000.00
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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.
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• 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
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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
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• 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.
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