GUYO, DONNA GRACE M.

JD-1A
LEGAL RESEARCH AND THESIS WRITING ASSIGNMENT – 1

Issues and Problems in the Enforcement of the Anti-Violence Against Women and their Children
Act of 2004
Ma. Rowena V. Guanzon
Marie Arcie Anne M. Sercado
Philippine Law Journal, 2008

What are the sources of legal research and law used in the abovementioned paper? Cite
at least three example per source.

There are two (2) sources of legal research and law used in the abovementioned paper, the
Primary Sources and Secondary Sources.

Primary Sources - is the only authority that is binding on the courts. These are the two
sources of law which includes the Constitution, legislative statutes or those passed by
Congress, decisions of the Supreme Court , appellate courts, lower court and other quasi-
judicial agencies, Executive issuances or Presidential issuances, treaties entered into by the
Philippines, ordinances, rules and regulations of government agencies. Primary Sources
consists those promulgated by the three branches of government: Legislative, Executive
and Judiciary

Some of the Primary Sources that have been used in the abovementioned paper are as
follows:
 Const. (1987), art. II § 14
 Otherwise known as the Anti-ape Act of 1997 ;
 Rep. Act No. 8369 (1997) ;
 Rep. Act No. 9262, § 3; and
 RA No. 7610: Act Providing for Stronger Deterrence and Special Protection Against Child
Abuse, Exploitation and Discrimination, and for other Purposes

Secondary Sources- the unofficial sources and generally referred to as those

commercially or institutionally published in print or online.

Some of the Primary Sources that have been used in the abovementioned paper are as
follows:

 Cawaling v. COMELEC et. Al, G.R. No. 146319, 368 SCRA 456-457, Oct. 26, 2001 ;
 Philippine Judges Association v. prado, G.R. No. 105371, 227 SCRA 705, Nov. 1, 1993;
 Fredman, S. and Spencer, S., “Beyond Discrimination: It’s time for Enforceable Duties on
Public Bodies to Promote Equality of Outcomes” E.H.R.T.R Issue 6,601 (2006);
 Sally F. Goklfarb, “The Legal Response to Violence Against Women in the United States of
America: Recent Reforms and Continuing Challenges” (2008) available at
http://www.un.org/womenwatch/daw/egm/vaw_legislation_2008/expertpapers/EGM
GPLVAW%20Paper%20(Sally%20Goldfarb).pdf ; and
 Daniel Albarracio, “new gender-based violence law has workplace implications”
(2008)available at http://www.eurofound.europa.eu/eiro/2005/01/feature/es050
1105£. htm .

1
SYNOPSIS

Women and children, who are now considered one of the priorities of the society, had a
very tough journey to get the protection they deserve. In the past, both women and children
suffer from violence and abuse: be it verbal, emotional, psychological, physical, sexual or
economical. It was only the Revised Penal Code they can resort to to guard and protect their
rights, not until 2004, when the Republic Act No. 9262 also known as the Anti-Violence Against
Women and their Children Act of 2004 was passed.

The said Act declares that the State values the dignity of women and children and
guarantees full respect for human rights. The State also recognizes the need to protect the
family and its members particularly women and children, from violence and threats to their
personal safety and security.

However, the Act, no matter how noble its intentions were, faced some issues and
problems for its enforcement. It was not so long ago from the time the Act was passed when a
petition for review was files challenging the validity of the law. Constitutionality challenges
were also posed most especially with regard to due process and equal protections, and undue
delegation of judicial power to barangay officials. However, just like every law, RA 9262 is
presumed to be valid and constitutional until the contrary is shown, and all doubts are resolved
in favor of the validity of the act.

There were other problems in the enforcement of R.A. No. 9242, like the lack of gender-
responsiveness of Judges, reluctance of ju8dges to use power of contempt, delay, gross
ignorance of the law, lack of appreciation of economic abuse, unethical conduct of lawyers,
police and court personnel misconduct, conflicting decisions, corruption in the judiciary, and
inadequate legal aid services, and costly and lengthy litigation.

However, despite these problems, R.A. 9262 have been praised in the international
community for its progressiveness and having a broad definition of the violence against women.
It reflects women and children’s experience and the reliefs provided in the law are a response to
their legal needs.

Finally, this is a call to prevent this particularly progressive and incredibly important
statute from becoming just another institutional mechanism concerned merely with formal
compliance in order to appease the international community. At the end of the day, it is the
government and especially the Judiciary which has the duty to ensure that women’s access to
justice becomes a reality.