RA.

9262 AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING
FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR
OTHER PURPOSES

City College of El Salvador

El Salvador City, Misamis Oriental

In Partial Fulfillment

Of the Requirements for the subject

Policy Analysis (Jurisprudence SW-213)

Macalutas, Maria Estella M.

Maña, Sharilyn C.

Bachelor of Science in Social Work - 3B

First Semester, AY: 2022-2023

Rationale

The RA. 9262 seeks to address the prevalence of violence against women and their children (VAWC) by
their intimate partners like their husband or ex-husband, live-in partner or former live-in partner,
boyfriend/girlfriend or ex-boyfriend/ex-girlfriend, dating partner or former dating partner. We choose
this law because it is quite interesting since the law is keeping with the provisions on human rights
enshrined in the Philippine Constitution, as well as the fundamental rights and freedoms guaranteed in
various international declarations and documents to which the Philippines is signatory, including:
Universal Declaration of Human Rights, The Convention on the Elimination of All Forms of Discrimination
Against Women, Convention on the Rights of the Child

The law protects women and children against various acts of violence, whether taking place in or out of
the home. These acts generally fall under the following categories: Sexual violence, Physical violence,
Psychological violence, and Economic abuse.

Women and children are protected from violent sexual acts. This includes but is not limited to:

Rape, sexual harassment, obscenity, degrading or sexually suggestive remarks, physical assault on a
woman's or child's private life, viewing obscene programs or publications to the victim without the
victim's consent Filming sexual acts; coercing women and lovers or mistresses into sexual acts; living in
the same house or sleeping together in the same room; inducement, prostitution of the victim.

Physical violence against women or children includes conduct that results in or threatens to result in
physical harm. These include: Inflicting physical harm on the victim, threatening physical harm to the
victim and/or attempting to harm the victim, causing direct physical harm to the victim, using force or
threatening to use force; Causes physical harm to: Forces victims to participate in acts to which they
have no rights, prevents victims from performing rightful actions, restricts victims’ movements, and
many other forms of abuse.

Introduction

Republic Act 9262 or VAWC Act came into force in the Philippines in 2004. A law ultimately passed by
the Philippine Congress that defines what constitutes violence against women and their children,
provides protections, and lists penalties for violations.

Sadly, there are women in this country who are being abused in some way. Violence includes physical,
sexual, psychological harm or economic abuse and the threat of such acts. These can be committed by
anyone against their wives, ex-wives, or women with whom they had or had sexual relations, or
children. Covers virtually all forms of abuse. The law protects women even from invisible influences.
Both financial and psychological violence are felt only by women who used to suffer, but now they are
more important.

Physical and sexual violence are not new definitions, as most of the crimes listed in this article are
similar to those in the Amendment Penal Code. But what I liked was the inclusion of inducing a woman
into sexual activity and prostituting the woman or her child.
NATURE

It is hereby declare that the State respects the dignity of women and children and guarantees full
respect for their human rights. States also recognize the need to protect families and their members,
especially women and children, from violence and threats to their personal safety and security.

Who can file a complaint under Republic Act 9262? Any citizen with personal knowledge of the
circumstances of the crime can file a complaint because violence against women and their children is
considered a public crime. increase. Complaints can be brought to the district court, known as the
Family Court, where the crime was committed. These courts have their own and exclusive jurisdiction
over these cases. Criminals who are proven guilty of a crime in court are punished as follows:

imprisonment from one month and 1 day to 20 years, fine of not less than 100,000 pesos but not more
than 300,000 pesos compulsory psychological counseling or psychiatric treatment.

The perpetrator can be filed inside twenty (20) years from the incidence or fee for the subsequent acts:
can

*Causing bodily damage to the woman or her baby

*Threatening to reason the girl or her baby bodily damage

*Attempting to reason the girl or her baby bodily damage

*Placing the girl or her baby in worry of coming near near bodily damage

*Attempting to compel or compelling the girl or her baby to have interaction in behavior which the girl
or her baby has the proper to desist from or to desist from behavior which the girl or her baby has the
proper to have interaction in, or trying to limitation or proscribing the girl's or her baby's freedom of
motion or behavior through pressure or chance of pressure, bodily or different damage or chance of
bodily or different damage, or intimidation directed in opposition to the girl or her baby. This shall
include, however now no longer constrained to, the subsequent acts dedicated with the reason or
impact of controlling or proscribing the girl's or her baby's motion or behavior:

*Threatening to deprive or in reality depriving the girl or her baby of custody or get admission to to
her/his own circle of relatives

Depriving or threatening to deprive the girl or her youngsters of economic guide legally due her or her
own circle of relatives, or intentionally imparting the girl's youngsters inadequate economic guide

*Depriving or threatening to deprive the girl or her baby of a felony proper

*Preventing the girl in undertaking any valid profession, occupation, enterprise or pastime, or
controlling the victim's personal cash or residences, or totally controlling the conjugal or not
unusualplace cash, or residences
*Inflicting or threatening to inflict bodily damage on oneself for the reason of controlling her
movements or choices

*The crook grievance can be filed inside ten (10) years from the incidence or fee for the subsequent
acts:

*Causing or trying to reason the girl or her baby to have interaction in any sexual pastime which does
now no longer represent rape, through pressure or chance of pressure, bodily damage, or via
intimidation directed in opposition to the girl or her baby or her/his instantaneously own circle of
relatives

*Engaging in purposeful, knowing, or reckless behavior, for my part or via any other that alarms or
reasons vast emotional or mental misery to the girl or her baby. This shall include, however now no
longer be constrained to the subsequent acts:

*Stalking or following the girl or her baby in public or non-public locations

*Peering withinside the window or lingering outdoor the house of the girl or her baby

*Entering or closing withinside the living or at the assets of the girl or her baby in opposition to her/his
will

*Destroying the assets and private assets or causing damage to animals or pets of the girl or her baby

*Engaging in any shape of harassment or violence

*Causing intellectual or emotional anguish, public ridicule or humiliation to the girl or her baby,
including, however now no longer constrained to, repeated verbal and emotional abuse, and denial of
economic guide or custody of teenage youngsters or denial of get admission to to the girl's
baby/youngsters.

Problem

There are many women and children who are victims of abuse and violence and need help and
protection. Therefore, the government has passed laws to protect the rights of all women and children
from violence. Many VAWC (violence against women and children) cases have been brought to the High
Court but dismissed because the victim or client withdrew the case. Spousal violence experienced by a
permanently married woman from her current or last husband/partner, whether physical, sexual or
emotional, was 29% in 2008 and 29% in 2013. slightly down from 26% to her 2017 24%. The woman's
experience of physical violence decreased slightly over time, from 20% in 2008 and 2013, to 17% in
2017. Similarly, women's experience of physical violence decreased slightly in the 12 months before the
survey, from 7% in 2008 to 5% in 2017. A woman's experience of sexual violence decreased from 8% in
2008 to 5% in 2008-2017. (NDHS 2017)
But two of startling findings from 2017 NDHS survey deserve urgent attention from policy makers and
implementers. First, a woman's experience of being injured as a result of physical or sexual violence
from her spouse decreased from 41% in 2013 to 37% in 2017, although the 2017 figures is still higher
than her 36% in 2008. For social relief and protection from anti-VAWC laws, women who have
experienced physical or sexual violence seek help from their own family members (65%), then from her
friends (18%) and neighbors (18%). 10%) for help. asked for help. Only 6% of women sought help from
the police. These results reflect findings from the 2013 and 2008 surveys.

These important findings prompt us to ask further questions. First, why do women who have
experienced violence in its many forms not resort to the legal and social protection provided by anti-
VAWC legislation? Second, are the legal and social interventions mandated by government agencies to
combat VAWC insufficiently implemented and enforced? Third, Filipino citizens believe that violence
against women and children is a human rights violation, and are they under informed that there are
legal and social remedies they can access and seek help with? Incidents of violence against women and
children in the country have increased over the past seven months, the Ministry of Interior and Local
Government (DILG) said on Thursday 4 August.

Based on Philippine National Police (PNP) data, a total of 6,383 cases of violence against women were
reported to the Philippine National Police (PNP) Women and Child Protection Center. Same period.

DILG sec Benhur Abalos called on Local Government Units (LGUs) to improve programs and policies for
VAWC and single parents..

Policy Strengths

In response to the need to address violence against women and children due to unequal power
relations, on May 8, 2004, with the full support of women's rights and feminist groups, then-President
Gloria Macapagal-Arroyo , Republic Act 9262 was signed into law. RA 9262, also known as the Anti-
Violence Against Women and Their Children Act of 2004 (VAWC), provides for harsher penalties for
abusive husbands and husbands, marks a "declaration of gratitude for the dignity of women and
children," "Assures full respect for the dignity of women and children. Human Rights". SEC2.

Her 2004 Act to Combat Violence Against Women and Their Children plays an important role in
protecting the rights of women and children from gender-based violence. Her VAWC reports to the
Philippine National Police increased from 1997 to 2013 (49.4%). According to the 2008 National
Demographic and Health Survey (NDHS) of women ages 15 to 49 conducted by the National Statistics
Office (NSO), 1 in 5 women have experienced physical abuse from their husbands. and 4% of these
women witnessed this. Such violence during her pregnancy. Domestic violence against widows or
separated women can also be grounds for separation or revocation. These women were not exempt
from experiencing sexual violence because one of her 25 participants was coerced into having
intercourse during her first sexual experience. 1 in 10 have experienced sexual abuse. In addition to
physical and sexual violence, the most common type of spousal violence was emotional and other forms
of non-personal violence. As a result, one in three women report to authorities an experience of
violence with traumatic evidence of physical trauma. About 10% are left psychologically scarred, as 3 out
of 5 women who are abused suffer from depression, anxiety and anger that can lead to suicide
attempts.

POLICY GAPS

Despite its good intentions, the Prevention of Violence Against Women and Children Act of 2004,
known as RA 9262, was gender-biased and now a vehicle of injustice, and is in dire need of amendment.
It is an anti-male law. becomes a man.

1. RA 9262 begins with the biased premise that men are always perpetrators and perpetrators of
domestic violence.

2. The law itself calls for gender equality, but it doesn't even record statistics of assaults and abuses
against men. 3. RA 9262 has very dire consequences because its boundaries are so wide that it leaves
little room for due process.

4. The VAWC Act is highly vulnerable to exploitation and manipulation and has many loopholes that do
great harm to men who are falsely accused.

RA 9262 operates under the biased premise that men are always perpetrators and perpetrators of
domestic violence. 1. The VAWC Law Created Only to Protect Women Believed to be of the Weaker Sex

2. A woman can report abuse against her husband, boyfriend, significant other, dating her partner, or
anyone with whom she had a previous relationship.

3. Research supports the fact that both men and women suffer from abusive relationships

4. Men are reluctant to allege abuse of their partners.

The law itself called for gender equality, but it doesn't even record statistics of assaults and abuses
against men.

1. There are no statistics on violence against men in the Philippines.

2. Men don't report abusive partners because of their macho mentality, and they think abusive behavior
from women is normal.

3. Violence between women and men is usually resolved informally and not brought to court, so most
complaints are not formally recorded.
RA 9262 has very dire consequences because its boundaries are so wide that it leaves little room for due
process.

1. The VAWC Law is a special law that prioritizes the rights of women over men. 2. Article 8 of the law
allowed women to file BPOs. Prejudiced and oppressive TPO and PPO against men.

3. The "voluntary action" clause and definition of abuse is very broad and vaguely unrealistic. 4. The very
broad provisions and limitations of the law violate valid constitutional procedure.

VAWC laws are prone to exploitation and manipulation and have many loopholes.

1. VAWC loopholes can be easily exploited and manipulated.

2. Some women file abuse reports for financial gain and personal revenge.

3. A man's reputation, finances, and entire life can be destroyed by VAWC law bias.

Conclusion:

RA 9262 certainly has good intentions, but change is sorely needed to achieve equal justice for all
genders.

Recommendation

Philippine laws on violence against women, particularly the 2004 anti-VAWC law, have been hailed as
progressive by the international community. The law is the implementation of government obligations
under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and
other international treaties, and is the result of decades of cooperation between women's rights groups
and women legislators. . It therefore reflects the experience of women and the facilities provided by law
are a response to women's legal needs.

But there is a huge gap between the ideal of black-and-white law and the stark reality of harsh,
subjective litigation. Simply put, the law may look good on paper, but the Violence Against Women
advocate can't name a single effective 24-hour law enforcement hotline. In the case of domestic
violence, there must be something fundamentally wrong with the legal and judicial system.

It is not enough to enact laws that protect women from domestic violence. Laws must apply to women.
This is a call to prevent this particularly progressive and incredibly important law from becoming yet
another institutional mechanism concerned only with formal compliance to appease the international
community. Ultimately, it is governments, especially the judiciary, that must ensure that women's
access to justice becomes a reality.