RA 9262-Anti Violence against women and their children

Elements:
a. The offender has or had a sexual or dating relationship with the offended woman;
b. The offender, by himself or through another, commits an act or series of acts of
harassment against the woman; and
c. The harassment alarms or causes substantial emotional or psychological distress to her.

Battered woman syndrome

Is a scientifically defined pattern of psychological and behavioral symptoms found in a
woman living in battering relationship as a result of cumulative abuse.

Battered woman syndrome is characterized by the so-called cycle of violence which has 3
phases:
a. Tension-building phase- minor battering occurs.
b. Acute battering incident- characterized by brutality, destructiveness and sometimes
death.
c. Tranquil, loving phase- the couple experienced profound relief.

Bar 2014: Victims-survivors of battered woman syndrome found by the court to be

suffering from battered woman syndrome do not incur any criminal liability
notwithstanding the absence of any of the elements for justifying circumstances of
self-defense.

In order to be classified as a battered woman, the couple must go through the

battering cycle at least two battering episodes. It must prove that the final acute
battering episode was preceded by two battering episodes.

Note: Under the jurisprudence, marriage is not a condition sine qua non under RA
9262 or the Anti-Violence against Women and their Children. In the case at bar, the
fact that X was not married to Y(wife) is not an excuse to provide support for their
children. He can still be held liable under RA 9262 because non-support to the
common child is economic abuse and thus punishable.
The denial of support as a form of psychological violence must result in mental
anguish.

Note: Even if the accused husband is in abroad working, and proved that he is
cohabiting another woman, the fact that the victim/wife is in the Philippines is
immaterial as long as the wife suffered mental anguish here in the Philippines as a
result of the fact that her husband is living with another woman, the husband can still
be held liable of RA 9262.

RA 7610 or the Anti-Child Abuse Law

Child abuse:
a. Psychological and physical abuse, neglect, cruelty, SEXUAL ABUSE and
emotional maltreatment;
b. Any act by deeds or words which DEBASES, DEGRADES, OR DEMEANS the
intrinsic worth and dignity of a child as a human being;
c. Unreasonable deprivation of his basic needs for survival;

Persons liable:
a. Those who engage in or promote, facilitate or induce child prostitution which
include:
1. Acting as procurer of a child prostitute;
2. Giving monetary consideration to a child with the intent to engage such
child in prostitution;
 3. Inducing a person to be a client of a child prostitute

Elements of sexual abuse under RA 7610:

a. The accused commits the act of sexual intercourse or lascivious
conduct;
b. The said act is performed with a child exploited in prostitution or
subjected to other sexual abuse;
c. The child is below 18 years of age.
Bar 2018: Robert may be charged with the crime of Child Prostitution or other sexual abuse
under RA 7610 by having sexual intercourse with a child exploited in prostitution. Because
the victim was under 12 years of age, he may be prosecuted of Rape.
The procurer may be charged with the crime of Child Prostitution under Ra 7610 by acting as
a procurer of a child prostitute.

Bar 2017: Not every instance of laying hands on a child constitutes the crime of Child Abuse
under RA 7610. Only when the laying of hands is shown beyond reasonable doubt to be
intended by the accused to debase, degrade or demeans the intrinsic worth and dignity of
the child as a human being should it be punished as child abuse. It appears that the laying
of hands of the accused have been done at the spur of the moment and in anger, indicative
of his being then overwhelmed by his fatherly concern for the personal safety of his own
minor son. Since the act of the accused lacked of intent to debase or demean the intrinsic
worth and dignity of the child, he cannot be held liable of the crime charged. He may be
liable for physical injury.

SAFE SPACES ACT

Section 4. Gender-Based Streets and Public Spaces Sexual Harassment. -The crimes of
gender-based streets and public spaces sexual harassment are committed through any
unwanted and uninvited sexual actions or remarks against any person regardless of
the motive for committing such action or remarks.

Gender-based streets and public spaces sexual harassment includes catcalling, wolf-whistling,
unwanted invitations, misogynistic, transphobic, homophobic and sexist slurs, persistent
uninvited comments or gestures on a person’s appearance, relentless requests for personal
details, statement of sexual comments and suggestions, public masturbation or flashing of
private parts, groping, or any advances, whether verbal or physical, that is unwanted and
has threatened one’s sense of personal space and physical safety, and committed in public
spaces such as alleys, roads, sidewalks and parks. Acts constitutive of gender-based streets
and public spaces sexual harassment are those performed in buildings, schools, churches,
restaurants, malls, public washrooms, bars, internet shops, public markets, transportation
terminals or public utility vehicles.

Section 5. Gender-Based Sexual Harassment in Restaurants and Cafes, Bars and Clubs,
Resorts and Water Parks, Hotels and Casinos, Cinemas, Malls, Buildings and Other
Privately-Owned Places Open to the Public. -Restaurants, bars, cinemas, malls, buildings
and other privately-owned places open to the public shall adopt a zero-tolerance policy
against gender-based streets and public spaces sexual harassment. These establishments are
obliged to provide assistance to victims of gender-based sexual harassment by coordinating
with local police authorities immediately after gender-based sexual harassment is reported,
making CCTV footage available when ordered by the court, and providing a safe gender-
sensitive environment to encourage victims to report gender-based sexual harassment at the
first instance.

All restaurants, bars, cinemas and other places of recreation shall install in their business
establishments clearly-visible warning signs against gender-based public spaces sexual
harassment, including the anti-sexual harassment hotline number in bold letters, and shall
designate at least one (1) anti-sexual harassment officer to receive gender-based sexual
harassment complaints. Security guards in these places may be deputized to apprehend
perpetrators caught in flagrante delicto and are required to immediately coordinate with
local authorities.

Section 6. Gender-Based Sexual Harassment in Public Utility Vehicles. -In addition to the
penalties in this Act, the Land Transportation Office (LTO) may cancel the license of
perpetrators found to have committed acts constituting sexual harassment in public utility
vehicles, and the Land Transportation Franchising and Regulatory Board (LTFRB) may
suspend or revoke the franchise of transportation operators who commit gender-based
streets and public spaces sexual harassment acts. Gender-based sexual harassment in
public utility vehicles (PUVs) where the perpetrator is the driver of the vehicle shall
also constitute a breach of contract of carriage, for the purpose of creating a
presumption of negligence on the part of the owner or operator of the vehicle in the
selection and supervision of employees and rendering the owner or operator
solidarity liable for the offenses of the employee.

Section 12. Gender-Based Online Sexual Harassment. -Gender-based online sexual

harassment includes acts that use information and communications technology in
terrorizing and intimidating victims through physical, psychological, and emotional threats,
unwanted sexual misogynistic, transphobic, homophobic and sexist remarks and comments
online whether publicly or through direct and private messages, invasion of victim’s
privacy through cyberstalking and incessant messaging, uploading and sharing without the
consent of the victim, any form of media that contains photos, voice, or video with sexual
content, any unauthorized recording and sharing of any of the victim’s photos, videos, or
any information online, impersonating identities of victims online or posting lies about
victims to harm their reputation, or filing, false abuse reports to online platforms to silence
victims.