Walang Tatahan Sa Tahanan

To Maintaining the Home as a Safe Space through

Republic Act No. 9262

By:

Atty. Katrin Jessica I. Distor-Guinigundo

Junior Partner, Peralta Jimenez Law

“Home is where you feel at home and are treated well.” ~Dalai Lama

For most Filipinos who tend to be family-oriented, the home is usually seen as a safe space. A refuge and hiding place where one can be vulnerable and at the same time, feel loved; a place where flaws are accepted and shortcomings understood; a place likened to a springboard of sorts, where we can be empowered. Woefully, not every person sees the home in this manner—for some, it is the most dangerous place to be. Such is the case for some women and children, who find themselves abused and tormented by the very loved ones who vowed to protect them at all costs—their partners.

Recent worldwide statistics are a cause for concern and action. According to UN Women, there are 736 million women are subjected to violence, 640 million of which are subjected to intimate partner violence, while approximately 47,000 (out of the remaining 81,000) women died at the hands of an intimate partner or a family member. The Philippine statistics fare no better: in 2019, there have been 19,743 recorded combined cases of violence against women and gender-based violence, per the Philippine National Police records.

Gender-based violence and domestic abuse has been recognized as a global human rights issue that is abhorred in all jurisdictions. In 1993, it passed Resolution 48/104, stating that “violence against women is a manifestation of historically unequal power relations between men and women, which have led to domination over and discrimination against women by men and to the prevention of the full advancement of women, and that violence against women is one of the crucial social mechanisms by which women are forced into subordinate positions, compared with men.”

Not one to shirk from its responsibility to protect its citizens and to recognize the pernicious effect of domestic abuse on women and their children, the Philippine legislature, on March 8, 2004,  enacted Republic Act No. 9262 (RA 9262), also known as the Violence against Women and their Children Act of 2004, primarily to protect women and their children from physical, psychological, and economic violence, as well as threats to their personal safety and security, 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 [Sec.3a, IRR].

Given this widespread phenomenon, everyone must answer the clarion call to be advocates in curbing such violence. One step towards this goal is to become fully informed of the rights and remedies afforded to those suffering from such abuses. Here are some salient portions of RA 9262 that all of us must be aware of:

What are the types of abuses punishable by RA 9262 [Sec. 3, IRR]?

1. Physical – any act that includes bodily or physical harm
2. Sexual – an act that is sexual in nature, such as but 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 her/him 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; (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; and (c) Prostituting the woman or child.
3. Psychological – acts or omissions causing or likely to cause mental and emotional suffering of the offended party, such as but not limited to: (a) intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity; (b) causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, to witness pornography in any form, or to witness abusive injury to pets; or (c) to unlawful or unwanted deprivation of the right to custody and/or visitation of common children.

Who are the persons who may be held liable?

1. Husband (former or present) [Sec. 3, IRR];
2. Any person with whom the person has or had a sexual or dating relationship [Sec. 3, IRR];
3. Any person with whom the woman has a common child (whether legitimate or illegitimate, within or without the family abode) [Sec. 3, IRR];
4. Any person in conspiracy with the person committing violence against the woman and/or her child [Go Tan v. Sps. Tan, G. R. No. 168852, September 30, 2008]; and
5. Mothers who abuse their children [Knutson v. Hon. Sarmiento-Flores, G.R. No. 239215. July 12, 2022].

What reliefs are available under the law?

Victims of abuse may avail of protection order/s and/or file a verified complaint for violation of RA 9262.

1. Protection orders:

   • Barangay Protection Order (BPO) – issued by the punong barangay, which shall be effective for fifteen (15) days [Sec. 14, IRR];
   • Temporary Protection Order (TPO) – issued by the court, which shall be effective for a renewable period of thirty (30) days [Sec. 15, IRR];
   • Permanent Protection Order (TPO) – issued by the court, which shall be effective until revoked [Sec. 16, IRR].

The following persons may file the petition for the issuance of a protection order:

1. the offended party;
2. parents or guardians of the offended party;
3. ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity;
4. officers or social workers of the DSWD or social workers of local government units (LGUs);
5. police officers, preferably those in charge of women and children’s desks;
6. Punong Barangayor Barangay Kagawad;
7. lawyer, counselor, therapist or healthcare provider of the petitioner;
8. 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 [Sec. 9, IRR].

2. Verified complaint for violation of RA 9262 – filed before the Office of the City Prosecutor (OCP) where the any of the elements of the crime is committed.

Since its enactment, the law has been helpful in purging Filipino households from domestic violence. While questions have been raised assailing its constitutionality, the Supreme Court, in the landmark case of Garcia v. Drilon, G.R. No. 179267, June 25, 2013, put to rest such questions. In declaring the law valid and constitutional, the Court recognized that women are the “usual and most likely victims of violence” and are subject to special protections under the law. While legal measures are clearly in place, the battle must still be waged with regard to implementation. Funding, awareness, and public participation is still a major factor to mitigate domestic violence. With a long way to go, every person must continue to be at the forefront of this war to ensure that no one will ever feel unsafe in the home.

The post Walang Tatahan Sa Tahanan: To Maintaining the Home as a Safe Space through Republic Act No. 9262 appeared first on Peralta Jimenez Law Firm.

The COVID-19 pandemic has compelled the national government to implement the Enhanced Community Quarantine (ECQ), which imposed strict observance of home quarantine and social distancing, limitation of movements to basic necessities, the implementation of work from home arrangements, the suspension of classes, and interruption of court proceedings, subject to certain exceptions. There is no question that the families, particularly those confronted with domestic issues, have been affected, and the ECQ has raised several questions on how to go about custody, support, and cases of violence occurring between family members.

Custody

The implementation of the ECQ has limited our movement around the city and the country. This may pose a problem for parents who share custody of a child/ren, and who split their child/ren’s time between the two of them in separate cities.

In sharing custody of their children, parents should ultimately be guided by the Constitution, which provides that the paramount consideration must be the best interest of the child. In these uncertain times, the health and safety of the child are of the utmost importance and should not be compromised.

Albeit understandable that one of the parents’ right to visitation can be affected by the strict implementation of the ECQ, it is nonetheless highly advised that parents momentarily set aside their individual differences, and prioritize the safety and health of their child/ren instead. That is why parents are encouraged to be more flexible and considerate with their shared custody arrangements, and refrain from taking advantage of the situation. For instance, the parent having custody over the child/ren is encouraged to permit the other parent to communicate with their child/ren via electronic means, if only to prevent anxiety or other mental health issue on the part of the latter. After all, parents should focus more on their child/ren’s safety, as well as their emotional and psychological well-being.

Nonetheless, in the event that the child/ren’s welfare is compromised while in the custody of the parent concerned, the other parent may seek the assistance of his/her counsel to avail of the appropriate remedies. Although the Supreme Court has suspended hearings, complaints, motions, and pleadings may still be submitted and may be acted upon if the Family Court Judge-on-duty finds that the matter is of urgent concern. This may be done through electronic means to the first and second-level courts.

Support

The COVID-19 pandemic has also had a huge effect on our country’s economy, such that jobs have also been affected by the lockdown. This may have an effect on support, such that one or both parents may suffer reduced or a loss of income.

Parents or children may still demand support. However, due to the financial consequences of the pandemic, it is advisable for parents to be more considerate of the peculiarity of the current situation, the capacity of the person from whom support is being demanded and the current needs of the child.

It is recommended that any temporary changes agreed upon by the parents relating to support be put in writing or on record, with the assistance of their respective counsel, for documentation purposes.

Nevertheless, parents who are required to pay support, but are affected financially by the pandemic, may opt to file a motion to modify the support to be given by them. According to the issuances of the Supreme Court, such motion can be filed in the first and second-level courts through electronic means. All urgent matters regarding family cases shall be referred to the Family Court Judges-on-duty who are still present at any given working day, as scheduled by the Executive Judge. However, the paramount interest of the child will still be considered, and thus, the needs of the child will still be weighed in evaluating whether such support can be reduced.

The parent entitled to receive support on behalf of the child may send a demand letter asking for the timely payment of support to the other parent required to give support. At this time, this can be sent through e-mail. However, the financial capacity and the current situation of the parent required to give support should be considered, and modifications may be made regarding the amount to be given.

VAWC

The pandemic and its consequenced have forced everyone to come into close contact with the members of our household. For many, this means more time to be spent with families and reconnecting with each other. However, for others, close contact can also mean more conflic or domestic abuse. Coupled with the stress of the health crisis and the lack of access to basic needs and services, there is an increased risk of violence and abuse occurring towards women and children during this time of pandemic.

If a parent becomes aware of any kind of abuse at home, the same process under the Anti-Violence Against Women and Children Act (VAWC) remains in effect. The victim or any concerned individual or neighbor may report an incident to the Punong Barangay or the nearest PNP station, where the victim may be referred to for medical and support assistance and where a warrantless arrest of the perpetrator may be made.5 The victim may apply for a Barangay Protection Order, which is valid for fifteen (15) days and may be renewed.6 In any case, consulting your counsel is still advised for proper guidance and appropriate action.

Victims of domestic violence or any concerned individual or neighbor may also contact the following hotlines for immediate action:

1. Department of Social Welfare and Development (DSWD)

Location: Batasan Pambasa Complex, Quezon City
Tel. No. 8931-8101 to 07

2. DSWD-NCR Ugnayan Pag-asa Crisis Intervention Center

Location: Legarda, Manila
Tel. No. 8734-8639 / 8734-8626 to 27

3. Philippine National Police (PNP)

Location: Camp Crame, Quezon City
Tel. No. 8723-0401 to 20

4. PNP-Women and Children Protection Center (WCPC)

Location: Camp Crame, Quezon City
Tel. No. 8723-0401 (local 5260, 5261)

5. NBI-Violence Against Women and Children Desk (VAWCD)

Location: Taft Avenue, Manila
Tel. No. 8523-8231 to 38 / 8525-6028

1 Proclamation No. 929
2 Par. 5, SC Administrative Circular 31-2020.
3 Article XV, Section 3, paragraph (2), 1987 Constitution
4 Par. 6, SC Administrative Circular 31-2020.
5 Section 11, RA 9262
6 Section 10, RA 9262

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