LAWS AND ISSUANCES:

RA 9262 & RA 8972

 Before you look at the content of the two laws, Please read Alex’ story

• My partner has been physically and emotionally abusing me for

“
about twelve months. It started with pushing and shoving and taking my keys when I wanted to
leave. He was very insecure about past relationships and jealous of people he thought were a
threat.
• We would have evenings where he’d been drinking and start accusing me of being a ‘whore’
amongst other names. It would go on for hours until he would fall asleep. The next day it was always
the same, he was sorry and he didn’t know why he said it and did the things he did.
• I believed him at first but after the third time I knew it was a mistake and I had to get out.
• The final straw was the worst behavior, hours of verbal abuse and name calling and then he
became violent when I tried to call someone. That night it dawned on me things will never change.
I had to put myself first and do what was right for me.
• How could I let myself be hurt this way?”
FOR DISCUSSION: OPINION

1. If you are the best friend of Alex, how are you going to
react to her own confession?
2. How are you going to answer her question “How could I
let myself be hurt this way?”
Wife/partner’s beaters has something to beware
of and the solo parents has something to be
thankful…

RA 9262 and RA 8972.

 RA 9262: the Anti-violence against women and
their children
• Act of 2004 May 8, 2004, Pres Gloria Macapagal Arroyo (with full support from women’s rights
and feminist groups)
• Under the law, men who abuse their female partners or their children can get up to 16
years in jail. In contrast, the common crime of inflicting injury on another person is punishable
by only six years in jail.
• The law charges tougher penalties for abusive husbands and men and marks the
declaration of the State’s valuation to “the dignity of women and children and guarantees full
respect for human rights” (Sec. 2).
 RA 9262: the Anti-violence against women and
their children
• Senate Bill 2723 – Sen Loi Estrada (principal author in senate)
• House Bill 5516 - Rep. Bellaflor Angara-Castillo in congress
• In the case of the Solo Parent Act, it was promulgated on November 7, 2000 at the time of Pres. Joseph
Estrada.

• Solo parents are those who are left alone with the responsibility of rearing their children regardless of
marital status. Based on National Statistics Office (NSO) data, there are about 14 million solo parents in the
Philippines. The increasing number of solo parents has led the national government to pass Republic Act 8972, or
the Solo Parents’ Welfare Act of 2000. While being a solo parent can be difficult, the passage of RA 8972 has
somehow made it rewarding (Patajo- Kapunan, L., 2015 ).
RA 9262: the Anti-violence against women and
their children
• It seeks to address the prevalence of violence against women and children
(VAWC), abuses on women and their children by their intimate partners like:
• „ Husband or ex-husband „ Live-in partner or ex-live in partner
• „ Boyfriend/girlfriend or ex-boyfriend/ex-girlfriend
• „ Dating partner or ex-dating partner

• The Act classifies violence against women and children (VAWC) as a public
crime.
 RA 9262: the Anti-violence against women and
their children
• It refers to “any act or a series of acts 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, within or without the family
abode, which result in or is likely to result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty.
RA 9262: the Anti-violence against women and
their children
• It includes, but is not limited to, the following acts:
 “Physical violence” refers to acts that include bodily or physical harm;
 “Sexual violence” refers to an act which is sexual in nature, committed against a
woman or her child. It includes, but is not limited to:
 VAWC: PHYSICAL VIOLENCE
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;
c. prostituting the woman or her child.
VAWC: PHYSICAL VIOLENCE

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;
c. prostituting the woman or her child.
VAWC: PSYCHOLOGICAL VIOLENCE
• refers to acts or omissions causing or likely to cause mental or emotional suffering of
the victim such as but not limited to:
• intimidation, harassment, stalking, damage to property, public ridicule or humiliation,
repeated verbal abuse and marital infidelity.
• It includes causing or allowing the victim to witness the physical, sexual or
psychological abuse of a member of the family to which the victim belongs, or to
witness pornography in any form or to witness abusive injury to pets or to unlawful or
unwanted deprivation of the right to custody and/or visitation of common children.
 VAWC: ECONOMIC VIOLENCE
 refers to acts that make or attempt to make a woman financially dependent. This includes
but is not limited to the following:

a) withdrawal of financial support or preventing the victim from engaging in any

legitimate profession, occupation, business or activity, except in cases wherein
the other spouse/partner objects on valid, serious and moral grounds as defined
in Article 73 of the Family Code;
deprivation or threat of deprivation of financial resources and the right to the use
and enjoyment of the conjugal, community or property owned in common;
 VAWC: ECONOMIC VIOLENCE
 refers to acts that make or attempt to make a woman financially dependent. This includes
but is not limited to the following:

a) destroying household property;

b) controlling the victim’s own money or properties or solely controlling the
conjugal money or properties.
• Children - those below 18 years of age or older but are incapable of taking care
of themselves (as stated in Republic Act 7610).
• It includes the biological children of the victim and other children under her care.
• Dating relationship - one which has a romantic involvement. It means that a
relationship existed between a woman and a partner who is abusive or has
previously abused her, whether or not the relationship was formal.
• Sexual relations - refer to a single sexual act which may or may not result to a
bearing of a child.
Who gets protected under the law?
• The law recognizes the unequal relations of a man and a woman in an

abusive relationship where it is usually the woman who is the disadvantaged. Thus, the law
protects the woman and her children.
• The victim, the child who is a minor (legitimate and illegitimate), and a person aged 18
years and beyond who doesn’t have the ability to decide for herself/himself because of an
emotional, physical and mental illness can make full use of the law.
• Any child under the care of a woman is also protected under the law.
 Is VAWC committed by men alone?

• Women can also be liable under the law.

• These are the lesbian partners/ girlfriends or former partners of the victim
with whom she has or had a sexual or dating relationship (Source: Barangay Protection Order
RA 9262 A Primer. Department of Interior and Local Government, National Barangay Operations Office. 2004).
what if the female victim commits violence against her partner?

• The law acknowledges that women who have retaliated against their partners or who commit
violence as a form of self-defense may have suffered from battered women syndrome (BWS).

• BWS is a “scientifically defined pattern of psychological and behavioral symptoms found in

women living in battering relationships as a result of cumulative abuse” (Salient Features. A Guide to
Anti-Violence Against Women and their Children [RA 9262]. Philippine Information Agency and
National Commission on the Role of Filipino Women. 2004)

• Any victim who suffers from BWS should be diagnosed by a psychiatric expert or a clinical
psychologist. This will also help the victim in obtaining a just decision in her case. The law does not
allow the offender to have custody of minor children. Their care is still entrusted to the woman
even if she is found to have BWS.
 what is the male spouse/ partner complains about abuses committed by his
wife/ partner?

He may file a complaint or case under the Revised Penal Code.

what are the penalties for committing vawc?

• If the courts have proven that the offender is guilty of the crime, he may be
imprisoned and will be obliged to pay P100,000 to P300,000 in damages. The length of
imprisonment depends on the gravity of the crime.
• The offender is also obliged to undergo psychological counselling or psychiatric
treatment.
• Being drunk or under the influence of prohibited drugs cannot be taken as an
excuse for committing VAW.
what can women and children do under the law?

• The law allows women and their children to secure barangay

protection order and/or temporary or permanent protection order from
the courts.
• They can also file an independent civil action for damages and
criminal action for the violation of anti-VAWC Act.
 What is a protection order?

• It is an order prescribed in the Anti-VAWC Act to prevent further abuse of

or violence against a woman and her child.

• It also provides them relief from said abuse or violence.

 Who may file the protection order?
• Anyone of the following may also file the
protection order in behalf of the victim/s:
h. counselors
a. parent or guardian
i. therapists
b. grandparents
c. children and grandchildren
j. health care providers (nurses,
d. relatives (aunts, uncles, cousins, in-laws) doctors, barangay health
e. local officials and DSWD social workers workers)k. any two people who
f. police have personal knowledge of the
g. lawyers crime
 I Got Flowers today
I got flowers today.
It wasn't my birthday or any other special day. We had our
first argument last night. He said a lot of cruel things that
really hurt me. I know he was sorry and didn't mean the
things he said. Because I got flowers today.
 I Got Flowers today

I got flowers today.

It wasn't our anniversary or any other special day.
Last night, he threw me into a wall and started to choke me. It
seemed like a nightmare. I couldn't believe it was real. I woke up
this morning sore and bruised all over. I know he must be sorry
Because he sent me flowers today.
 I Got Flowers today

I got flowers today.

It wasn't Mother's Day or any other special day. Last night,
he beat me up again. And it was much worse than all other
times. If I leave him, what will I do? How will I take care of
my kids? What about money? I' m afraid of him and scared
to leave. But I know he must be sorry Because he sent me
flowers today.
 I Got Flowers today

I got flowers today.

Today was a very special day. It was the

day of my funeral. Last night he finally
killed me. He beat me to death.

If only I had gathered enough courage and strength to leave him, I

would not have gotten flowers today.
 You ask, why didn't she leave?
I ask, why did he hit?

By: Paulette Kelly

This poem is dedicated to all the victims and survivors of

Domestic Violence.
 RA 8972: SOLO PARENTS’ WELFARE ACT 0F 2000
• promulgated on November 7, 2000 at the time of Pres. Joseph Estrada.

• Solo parents - are those who are left alone with the responsibility of rearing their
children regardless of marital status.
• Based on National Statistics Office (NSO) data, there are about 14 million solo parents in the
Philippines.
• While being a solo parent can be difficult, the passage of RA 8972 has somehow made it rewarding
).
(Patajo- Kapunan, L., 2015
RA 8972: THE SOLO PARENT’S WELFARE ACT

RA 8972 or the Solo Parent’s Welfare Act

provides for benefits and privileges to solo parents and their children

It aims to develop a comprehensive package of social development and welfare services for
solo parents and their children to be carried out by the Department of Social Welfare and
Development (DSWD), as the lead agency, various government agencies including NSO and
other related NGOs.
WHO ARE CONSIDERED SOLO PARENTS?

• A solo parent is any individual who falls under any of the following categories:
1.A woman who gives birth as a result of rape and other crimes against chastity even without a
final conviction of the offender, provided that mother keeps and raises the child.
2.Parent left solo or alone with the responsibility of parenthood due to the following
circumstances:
a.Due to death of spouse.
b.Spouse is detained or is serving sentence for a criminal conviction for at least one (1)
year.
c.Physical and/or mental incapacity of spouse as certified by a public medical practitioner.
d.Legal separation or de facto separation from spouse for at least one (1) year, as long as
he/she is entrusted with the custody of the children.
WHO ARE CONSIDERED SOLO PARENTS?

e. Declaration of nullity or annulment of marriage as decreed by a court or by a church as long as he/

she is entrusted with the custody of the children.

3. Unmarried mother/father who has preferred to keep and rear her/his child/children instead of having
others care for them or give them up to a welfare institution.
4. Any other person who solely provides parental care and support to a child or children.
5. Any family member who assumes the responsibility of head of family as a result of the death,
abandonment, disappearance or prolonged absence of the parents or solo parent.
Who are considered as “children?

• “Children” refer to those living with and dependent upon the solo parent for support who
are unmarried, unemployed and not more than eighteen (18) years of age, or even over
eighteen (18) years but are incapable of self-support because of mental and/or physical
defect/disability.

•
 What are the conditions
for the termination of the privileges of a solo parent?

• A change in the status or circumstances of the parent claiming benefits under this
Act, such that he/she is no longer left alone with the responsibility of parenthood, shall terminate his/her
eligibility for benefits such as change in the status with marriage, the concerned parent is no longer left
alone with the responsibility of parenthood, etc.
 Does the Solo Parent Act apply to those whose spouse is abroad?

• The law did not consider this as one of the categories of solo parent since the other spouse still
exercises duties over his/her family.

• However, if the other parent is abroad and has lost contact with his/her family for a year or more,
the other parent who is left with the custody of the family, may be considered as solo parent, provided
proofs are presented to qualify as such.

•
What are the employment-related benefits available to solo parents?

a. Flexible work schedule. This refers to the right of a solo parent employee to vary his/her arrival and departure time
without affecting the core work hours as defined by the employer. The employer shall provide for a flexible working
schedule for solo parents, as long as it shall not affect individual and company productivity. In case of certain
meritorious grounds, the employer may request exemption from DOLE.

b. No work discrimination. Employer are prohibited from discriminating against any solo parent employee with respect
to terms and conditions of employment on account of his/her status.

c. Parental leave. “Parental leave” means leave benefits granted to a solo parent to enable him/her to perform
parental duties and responsibilities where physical presence is required. In addition to leave privileges under existing
laws, parental leave of not more than seven (7) working days every year shall be granted to any solo parent employee
who has rendered service of at least one (1) year.
 What other benefits are available to solo parents?
• Subject to income thresholds (“poverty threshold”) set by the National Economic and
Development Authority (NEDA) and subject to the assessment of the DSWD worker in the area,
“solo parents” shall be entitled to the following:
• Educational benefits, including scholarship programs for qualified solo parents and their
children in institutions of basic, tertiary and technical/skills education, and non-formal
education programs appropriate for solo parents and their children.
• Housing benefits, including allocation in government low-cost housing projects, with liberal
terms of payment.
• Medical assistance, with comprehensive health care programs for solo parents and their
children to be implemented by the DOH through their retained hospitals and medical centers and
the local government units (LGUs) through their provincial/district/city/municipal hospitals and
rural health units (RHUs).
•
•

•
EVALUATION
TESTEvery November 25 to
•

December 12 as mandated by Proclamation 1172 s. 2006, the 18-Day Campaign to End Violence Against
Women (VAW) is commemorated in the country. This campaign supports the Philippine government’s goal of
protecting the human rights of women and girls by upholding its commitment to address all forms of gender-
based violence as enshrined in the 1987 Constitution. By virtue of Republic Act 10398 or the Act declaring
November 25 of every year as the National Consciousness Day for the Elimination of VAWC, government
agencies are mandated to raise awareness on the problem of violence and the elimination of all forms of
violence against women and girls.
• The Philippine Commission on Women, in coordination with Inter-Agency Council on Violence Against Women
and Children (IACVAWC), is tasked to lead, monitor, and evaluate the annual nationwide observance of the 18-
Day Campaign to End VAW. Adopting the theme “VAW-free community starts with Me” for year 2016 to 2021,
the campaign emphasizes everyone’s commitment and contributions on ending VAW, and presents an ideal
picture of a VAW-free community, thus inspiring the general public to make a personal commitment to end
violence against women and children.
• Sticking to the theme provided, you are expected to come up with a poster-slogan. You are expected to
provide a three to five sentences explanation of your slogan.
• You will be graded based on the following criteria: Creativity-20%; Neatness-15%; Relevance to the theme-35
%; Originality-15 % and Uniqueness-15 % for a total of 100%.
TEST II. ESSAY

1. Do you think that both RA 9262 and RA 8972 are properly implemented? Discuss.

2. Do you think that RA 9262 has a stronger teeth in terms of punishing the abusers?

3. What do you think is the most effective way to increase people’s awareness about the existence of the
two laws? Explain