REPUBLIC ACT NO. 9262 AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN

Republic of the Philippines
Congress of the Philippines
Metro Manila

Twelfth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand three.

REPUBLIC ACT NO. 9262
March 08, 2004

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

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women and Their Children Act of 2004".

SECTION 2. Declaration of Policy.- It is hereby declared 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.

Towards this end, the State shall exert efforts to address violence committed against women and children in keeping with the fundamental freedoms guaranteed under the Constitution and the Provisions of the Universal Declaration of Human Rights, the convention on the Elimination of all forms of discrimination Against Women, Convention on the Rights of the Child and other international human rights instruments of which the Philippines is a party.

SECTION 3. Definition of Terms.- As used in this Act,

(a) "Violence against women and their children" 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. It includes, but is not limited to, the following acts:

A. "Physical Violence" refers to acts that include bodily or physical harm;

B. "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:

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 child.

C. "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 mental 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.

D. "Economic abuse" refers to acts that make or attempt to make a woman financially dependent which includes, but is not limited to the following:

1. 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;

2. 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;

3. destroying household property;

4. controlling the victims' own money or properties or solely controlling the conjugal money or properties.

(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to the physical and psychological or emotional distress.

(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.

(d) "Stalking" refers to an intentional act committed by a person who, knowingly and without lawful justification follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a combination thereof.

(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife without the benefit of marriage or are romantically involved over time and on a continuing basis during the course of the relationship. A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a dating relationship.

(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing of a common child.

(g) "Safe place or shelter" refers to any home or institution maintained or managed by the Department of Social Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by the DSWD for the purposes of this Act or any other suitable place the resident of which is willing temporarily to receive the victim.

(h) "Children" refers to those below eighteen (18) years of age or older but are incapable of taking care of themselves as defined under Republic Act No. 7610. As used in this Act, it includes the biological children of the victim and other children under her care.

SECTION 4. Construction.- This Act shall be liberally construed to promote the protection and safety of victims of violence against women and their children.

SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their children is committed through any of the following acts:

(a) Causing physical harm to the woman or her child;

(b) Threatening to cause the woman or her child physical harm;

(c) Attempting to cause the woman or her child physical harm;

(d) Placing the woman or her child in fear of imminent physical harm;

(e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or child. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman's or her child's movement or conduct:

(1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family;

(2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman's children insufficient financial support;

(3) Depriving or threatening to deprive the woman or her child of a legal right;

(4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victim's own mon4ey or properties, or solely controlling the conjugal or common money, or properties;

(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions;

(g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family;

(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to, the following acts:

(1) Stalking or following the woman or her child in public or private places;

(2) Peering in the window or lingering outside the residence of the woman or her child;

(3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;

(4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child; and

(5) Engaging in any form of harassment or violence;

(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman's child/children.

SECTION 6. Penalties.- The crime of violence against women and their children, under Sec. 5 hereof shall be punished according to the following rules:

(a) Acts falling under Sec. 5(a) constituting attempted, frustrated or consummated parricide or murder or homicide shall be punished in accordance with the provisions of the Revised Penal Code.

If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code; those constituting serious physical injuries shall have the penalty of prison mayor; those constituting less serious physical injuries shall be punished by prision correccional; and those constituting slight physical injuries shall be punished by arresto mayor.

Acts falling under Sec. 5(b) shall be punished by imprisonment of two degrees lower than the prescribed penalty for the consummated crime as specified in the preceding paragraph but shall in no case be lower than arresto mayor.

(b) Acts falling under Sec. 5(c) and 5(d) shall be punished by arresto mayor;

(c) Acts falling under Sec. 5(e) shall be punished by prision correccional;

(d) Acts falling under Sec. 5(f) shall be punished by arresto mayor;

(e) Acts falling under Sec. 5(g) shall be punished by prision mayor;

(f) Acts falling under Sec. 5(h) and Sec. 5(i) shall be punished by prision mayor.

If the acts are committed while the woman or child is pregnant or committed in the presence of her child, the penalty to be applied shall be the maximum period of penalty prescribed in the section.

In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (300,000.00); (b) undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to the court.

SECTION 7. Venue.- The Regional Trial Court designated as a Family Court shall have original and exclusive jurisdiction over cases of violence against women and their children under this law. In the absence of such court in the place where the offense was committed, the case shall be filed in the Regional Trial Court where the crime or any of its elements was committed at the option of the compliant.

SECTION 8. Protection Orders.- A protection order is an order issued under this act for the purpose of preventing further acts of violence against a woman or her child specified in Sec. 5 of this Act and granting other necessary relief. The relief granted under a protection order serve the purpose of safeguarding the victim from further harm, minimizing any disruption in the victim's daily life, and facilitating the opportunity and ability of the victim to independently regain control over her life. The provisions of the protection order shall be enforced by law enforcement agencies. The protection orders that may be issued under this Act are the barangay protection order (BPO), temporary protection order (TPO) and permanent protection order (PPO). The protection orders that may be issued under this Act shall include any, some or all of the following reliefs:

(a) Prohibition of the respondent from threatening to commit or committing, personally or through another, any of the acts mentioned in Sec. 5 of this Act;

(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise communicating with the petitioner, directly or indirectly;

(c) Removal and exclusion of the respondent from the residence of the petitioner, regardless of ownership of the residence, either temporarily for the purpose of protecting the petitioner, or permanently where no property rights are violated, and if respondent must remove personal effects from the residence, the court shall direct a law enforcement agent to accompany the respondent has gathered his things and escort respondent from the residence;

(d) Directing the respondent to stay away from petitioner and designated family or household member at a distance specified by the court, and to stay away from the residence, school, place of employment, or any specified place frequented by the petitioner and any designated family or household member;

(e) Directing lawful possession and use by petitioner of an automobile and other essential personal effects, regardless of ownership, and directing the appropriate law enforcement officer to accompany the petitioner to the residence of the parties to ensure that the petitioner is safely restored to the possession of the automobile and other essential personal effects, or to supervise the petitioner's or respondent's removal of personal belongings;

(f) Granting a temporary or permanent custody of a child/children to the petitioner;

(g) Directing the respondent to provide support to the woman and/or her child if entitled to legal support. Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of the income or salary of the respondent to be withheld regularly by the respondent's employer for the same to be automatically remitted directly to the woman. Failure to remit and/or withhold or any delay in the remittance of support to the woman and/or her child without justifiable cause shall render the respondent or his employer liable for indirect contempt of court;

(h) Prohibition of the respondent from any use or possession of any firearm or deadly weapon and order him to surrender the same to the court for appropriate disposition by the court, including revocation of license and disqualification to apply for any license to use or possess a firearm. If the offender is a law enforcement agent, the court shall order the offender to surrender his firearm and shall direct the appropriate authority to investigate on the offender and take appropriate action on matter;

(i) Restitution for actual damages caused by the violence inflicted, including, but not limited to, property damage, medical expenses, childcare expenses and loss of income;

(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and

(k) Provision of such other forms of relief as the court deems necessary to protect and provide for the safety of the petitioner and any designated family or household member, provided petitioner and any designated family or household member consents to such relief.

Any of the reliefs provided under this section shall be granted even in the absence of a decree of legal separation or annulment or declaration of absolute nullity of marriage.

The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner from applying for, or the court from granting a TPO or PPO.

SECTION 9. Who may file Petition for Protection Orders. A petition for protection order may be filed by any of the following:

(a) the offended party;

(b) parents or guardians of the offended party;

(c) ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity;

(d) officers or social workers of the DSWD or social workers of local government units (LGUs);

(e) police officers, preferably those in charge of women and children's desks;

(f) Punong Barangay or Barangay Kagawad;

(g) lawyer, counselor, therapist or healthcare provider of the petitioner;

(h) 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.

SECTION 10. Where to Apply for a Protection Order. Applications for BPOs shall follow the rules on venue under Sec. 409 of the Local Government Code of 1991 and its implementing rules and regulations. An application for a TPO or PPO may be filed in the regional trial court, metropolitan trial court, municipal trial court, municipal circuit trial court with territorial jurisdiction over the place of residence of the petitioner: Provided, however, That if a family court exists in the place of residence of the petitioner, the application shall be filed with that court.

SECTION 11. How to Apply for a Protection Order. The application for a protection order must be in writing, signed and verified under oath by the applicant. It may be filed as an independent action or as incidental relief in any civil or criminal case the subject matter or issues thereof partakes of a violence as described in this Act. A standard protection order application form, written in English with translation to the major local languages, shall be made available to facilitate applications for protections order, and shall contain, among other, the following information:

(a) names and addresses of petitioner and respondent;

(b) description of relationships between petitioner and respondent;

(c) a statement of the circumstances of the abuse;

(d) description of the reliefs requested by petitioner as specified in Sec. 8 herein;

(e) request for counsel and reasons for such;

(f) request for waiver of application fees until hearing; and

(g) an attestation that there is no pending application for a protection order in another court.

If the applicants is not the victim, the application must be accompanied by an affidavit of the applicant attesting to (a) the circumstances of the abuse suffered by the victim and (b) the circumstances of consent given by the victim for the filling of the application. When disclosure of the address of the victim will pose danger to her life, it shall be so stated in the application. In such a case, the applicant shall attest that the victim is residing in the municipality or city over which court has territorial jurisdiction, and shall provide a mailing address for purpose of service processing.

An application for protection order filed with a court shall be considered an application for both a TPO and PPO.

Barangay officials and court personnel shall assist applicants in the preparation of the application. Law enforcement agents shall also extend assistance in the application for protection orders in cases brought to their attention.

SECTION 12. Enforceability of Protection Orders. All TPOs and PPOs issued under this Act shall be enforceable anywhere in the Philippines and a violation thereof shall be punishable with a fine ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment of six (6) months.

SECTION 13. Legal Representation of Petitioners for Protection Order. If the woman or her child requests in the applications for a protection order for the appointment of counsel because of lack of economic means to hire a counsel de parte, the court shall immediately direct the Public Attorney's Office (PAO) to represent the petitioner in the hearing on the application. If the PAO determines that the applicant can afford to hire the services of a counsel de parte, it shall facilitate the legal representation of the petitioner by a counsel de parte. The lack of access to family or conjugal resources by the applicant, such as when the same are controlled by the perpetrator, shall qualify the petitioner to legal representation by the PAO.

However, a private counsel offering free legal service is not barred from representing the petitioner.

SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay Protection Orders (BPOs) refer to the protection order issued by the Punong Barangay ordering the perpetrator to desist from committing acts under Sec. 5 (a) and (b) of this Act. A Punong Barangay who receives applications for a BPO shall issue the protection order to the applicant on the date of filing after ex parte determination of the basis of the application. If the Punong Barangay is unavailable to act on the application for a BPO, the application shall be acted upon by any available Barangay Kagawad. If the BPO is issued by a Barangay Kagawad the order must be accompanied by an attestation by the Barangay Kagawad that the Punong Barangay was unavailable at the time for the issuance of the BPO. BPOs shall be effective for fifteen (15) days. Immediately after the issuance of an ex parte BPO, the Punong Barangay or Barangay Kagawad shall personally serve a copy of the same on the respondent, or direct any barangay official to effect is personal service.

The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong Barangay.

SECTION 15. Temporary Protection Orders. Temporary Protection Orders (TPOs) refers to the protection order issued by the court on the date of filing of the application after ex parte determination that such order should be issued. A court may grant in a TPO any, some or all of the reliefs mentioned in this Act and shall be effective for thirty (30) days. The court shall schedule a hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO. The court shall order the immediate personal service of the TPO on the respondent by the court sheriff who may obtain the assistance of law enforcement agents for the service. The TPO shall include notice of the date of the hearing on the merits of the issuance of a PPO.

SECTION 16. Permanent Protection Orders. Permanent Protection Order (PPO) refers to protection order issued by the court after notice and hearing.

Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of his lawyer shall not be a ground for rescheduling or postponing the hearing on the merits of the issuance of a PPO. If the respondents appears without counsel on the date of the hearing on the PPO, the court shall appoint a lawyer for the respondent and immediately proceed with the hearing. In case the respondent fails to appear despite proper notice, the court shall allow ex parte presentation of the evidence by the applicant and render judgment on the basis of the evidence presented. The court shall allow the introduction of any history of abusive conduct of a respondent even if the same was not directed against the applicant or the person for whom the applicant is made.

The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in one (1) day. Where the court is unable to conduct the hearing within one (1) day and the TPO issued is due to expire, the court shall continuously extend or renew the TPO for a period of thirty (30) days at each particular time until final judgment is issued. The extended or renewed TPO may be modified by the court as may be necessary or applicable to address the needs of the applicant.

The court may grant any, some or all of the reliefs specified in Sec. 8 hereof in a PPO. A PPO shall be effective until revoked by a court upon application of the person in whose favor the order was issued. The court shall ensure immediate personal service of the PPO on respondent.

The court shall not deny the issuance of protection order on the basis of the lapse of time between the act of violence and the filing of the application.

Regardless of the conviction or acquittal of the respondent, the Court must determine whether or not the PPO shall become final. Even in a dismissal, a PPO shall be granted as long as there is no clear showing that the act from which the order might arise did not exist.

SECTION 17. Notice of Sanction in Protection Orders. The following statement must be printed in bold-faced type or in capital letters on the protection order issued by the Punong Barangay or court:

"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."

SECTION 18. Mandatory Period For Acting on Applications For Protection Orders Failure to act on an application for a protection order within the reglementary period specified in the previous section without justifiable cause shall render the official or judge administratively liable.

SECTION 19. Legal Separation Cases. In cases of legal separation, where violence as specified in this Act is alleged, Article 58 of the Family Code shall not apply. The court shall proceed on the main case and other incidents of the case as soon as possible. The hearing on any application for a protection order filed by the petitioner must be conducted within the mandatory period specified in this Act.

SECTION 20. Priority of Application for a Protection Order. Ex parte and adversarial hearings to determine the basis of applications for a protection order under this Act shall have priority over all other proceedings. Barangay officials and the courts shall schedule and conduct hearings on applications for a protection order under this Act above all other business and, if necessary, suspend other proceedings in order to hear applications for a protection order.

SECTION 21. Violation of Protection Orders. A complaint for a violation of a BPO issued under this Act must be filed directly with any municipal trial court, metropolitan trial court, or municipal circuit trial court that has territorial jurisdiction over the barangay that issued the BPO. Violation of a BPO shall be punishable by imprisonment of thirty (30) days without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed.

A judgement of violation of a BPO ma be appealed according to the Rules of Court. During trial and upon judgment, the trial court may motu proprio issue a protection order as it deems necessary without need of an application.

Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt of court punishable under Rule 71 of the Rules of Court, without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed.

SECTION 22. Applicability of Protection Orders to Criminal Cases. The foregoing provisions on protection orders shall be applicable in impliedly instituted with the criminal actions involving violence against women and their children.

SECTION 23. Bond to Keep the Peace. The Court may order any person against whom a protection order is issued to give a bond to keep the peace, to present two sufficient sureties who shall undertake that such person will not commit the violence sought to be prevented.

Should the respondent fail to give the bond as required, he shall be detained for a period which shall in no case exceed six (6) months, if he shall have been prosecuted for acts punishable under Sec. 5(a) to 5(f) and not exceeding thirty (30) days, if for acts punishable under Sec. 5(g) to 5(I).

The protection orders referred to in this section are the TPOs and the PPOs issued only by the courts.

SECTION 24. Prescriptive Period. Acts falling under Sections 5(a) to 5(f) shall prescribe in twenty (20) years. Acts falling under Sections 5(g) to 5(I) shall prescribe in ten (10) years.

SECTION 25. Public Crime. Violence against women and their children shall be considered a public offense which may be prosecuted upon the filing of a complaint by any citizen having personal knowledge of the circumstances involving the commission of the crime.

SECTION 26. Battered Woman Syndrome as a Defense. Victim-survivors who are found by the courts to be suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of the elements for justifying circumstances of self-defense under the Revised Penal Code.

In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the time of the commission of the crime, the courts shall be assisted by expert psychiatrists/ psychologists.

SECTION 27. Prohibited Defense. Being under the influence of alcohol, any illicit drug, or any other mind-altering substance shall not be a defense under this Act.

SECTION 28. Custody of children. The woman victim of violence shall be entitled to the custody and support of her child/children. Children below seven (7) years old older but with mental or physical disabilities shall automatically be given to the mother, with right to support, unless the court finds compelling reasons to order otherwise.

A victim who is suffering from battered woman syndrome shall not be disqualified from having custody of her children. In no case shall custody of minor children be given to the perpetrator of a woman who is suffering from Battered woman syndrome.

SECTION 29. Duties of Prosecutors/Court Personnel. Prosecutors and court personnel should observe the following duties when dealing with victims under this Act:

a) communicate with the victim in a language understood by the woman or her child; and

b) inform the victim of her/his rights including legal remedies available and procedure, and privileges for indigent litigants.

SECTION 30. Duties of Barangay Officials and Law Enforcers. Barangay officials and law enforcers shall have the following duties:

(a) respond immediately to a call for help or request for assistance or protection of the victim by entering the necessary whether or not a protection order has been issued and ensure the safety of the victim/s;

(b) confiscate any deadly weapon in the possession of the perpetrator or within plain view;

(c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital;

(d) assist the victim in removing personal belongs from the house;

(e) assist the barangay officials and other government officers and employees who respond to a call for help;

(f) ensure the enforcement of the Protection Orders issued by the Punong Barangy or the courts;

(g) arrest the suspected perpetrator wiithout a warrant when any of the acts of violence defined by this Act is occurring, or when he/she has personal knowledge that any act of abuse has just been committed, and there is imminent danger to the life or limb of the victim as defined in this Act; and

(h) immediately report the call for assessment or assistance of the DSWD, social Welfare Department of LGUs or accredited non-government organizations (NGOs).

Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or administrative liability.

SECTION 31. Healthcare Provider Response to Abuse Any healthcare provider, including, but not limited to, an attending physician, nurse, clinician, barangay health worker, therapist or counselor who suspects abuse or has been informed by the victim of violence shall:

(a) properly document any of the victim's physical, emotional or psychological injuries;

(b) properly record any of victim's suspicions, observations and circumstances of the examination or visit;

(c) automatically provide the victim free of charge a medical certificate concerning the examination or visit;

(d) safeguard the records and make them available to the victim upon request at actual cost; and

(e) provide the victim immediate and adequate notice of rights and remedies provided under this Act, and services available to them.

SECTION 32. Duties of Other Government Agencies and LGUs Other government agencies and LGUs shall establish programs such as, but not limited to, education and information campaign and seminars or symposia on the nature, causes, incidence and consequences of such violence particularly towards educating the public on its social impacts.

It shall be the duty of the concerned government agencies and LGU's to ensure the sustained education and training of their officers and personnel on the prevention of violence against women and their children under the Act.

SECTION 33. Prohibited Acts. A Punong Barangay, Barangay Kagawad or the court hearing an application for a protection order shall not order, direct, force or in any way unduly influence he applicant for a protection order to compromise or abandon any of the reliefs sought in the application for protection under this Act. Sec. 7 of the Family Courts Act of 1997 and Sections 410, 411, 412 and 413 of the Local Government Code of 1991 shall not apply in proceedings where relief is sought under this Act.

Failure to comply with this Sec. shall render the official or judge administratively liable.

SECTION 34. Persons Intervening Exempt from Liability. In every case of violence against women and their children as herein defined, any person, private individual or police authority or barangay official who, acting in accordance with law, responds or intervenes without using violence or restraint greater than necessary to ensure the safety of the victim, shall not be liable for any criminal, civil or administrative liability resulting therefrom.

SECTION 35. Rights of Victims. In addition to their rights under existing laws, victims of violence against women and their children shall have the following rights:

(a) to be treated with respect and dignity;

(b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any public legal assistance office;

(c) To be entitled to support services form the DSWD and LGUs'

(d) To be entitled to all legal remedies and support as provided for under the Family Code; and

(e) To be informed of their rights and the services available to them including their right to apply for a protection order.

SECTION 36. Damages. Any victim of violence under this Act shall be entitled to actual, compensatory, moral and exemplary damages.

SECTION 37. Hold Departure Order. The court shall expedite the process of issuance of a hold departure order in cases prosecuted under this Act.

SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. If the victim is an indigent or there is an immediate necessity due to imminent danger or threat of danger to act on an application for a protection order, the court shall accept the application without payment of the filing fee and other fees and of transcript of stenographic notes.

SECTION 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC). In pursuance of the abovementioned policy, there is hereby established an Inter-Agency Council on Violence Against Women and their children, hereinafter known as the Council, which shall be composed of the following agencies:

(a) Department of Social Welfare and Development (DSWD);

(b) National Commission on the Role of Filipino Women (NCRFW);

(c) Civil Service Commission (CSC);

(d) Commission on Human rights (CHR)

(e) Council for the Welfare of Children (CWC);

(f) Department of Justice (DOJ);

(g) Department of the Interior and Local Government (DILG);

(h) Philippine National Police (PNP);

(i) Department of Health (DOH);

(j) Department of Education (DepEd);

(k) Department of Labor and Employment (DOLE); and

(l) National Bureau of Investigation (NBI).

These agencies are tasked to formulate programs and projects to eliminate VAW based on their mandates as well as develop capability programs for their employees to become more sensitive to the needs of their clients. The Council will also serve as the monitoring body as regards to VAW initiatives.

The Council members may designate their duly authorized representative who shall have a rank not lower than an assistant secretary or its equivalent. These representatives shall attend Council meetings in their behalf, and shall receive emoluments as may be determined by the Council in accordance with existing budget and accounting rules and regulations.

SECTION 40. Mandatory Programs and Services for Victims. The DSWD, and LGU's shall provide the victims temporary shelters, provide counseling, psycho-social services and /or, recovery, rehabilitation programs and livelihood assistance.

The DOH shall provide medical assistance to victims.

SECTION 41. Counseling and Treatment of Offenders. The DSWD shall provide rehabilitative counseling and treatment to perpetrators towards learning constructive ways of coping with anger and emotional outbursts and reforming their ways. When necessary, the offender shall be ordered by the Court to submit to psychiatric treatment or confinement.

SECTION 42. Training of Persons Involved in Responding to Violence Against Women and their Children Cases. All agencies involved in responding to violence against women and their children cases shall be required to undergo education and training to acquaint them with:

a. the nature, extend and causes of violence against women and their children;

b. the legal rights of, and remedies available to, victims of violence against women and their children;

c. the services and facilities available to victims or survivors;

d. the legal duties imposed on police officers to make arrest and to offer protection and assistance; and

e. techniques for handling incidents of violence against women and their children that minimize the likelihood of injury to the officer and promote the safety of the victim or survivor.

The PNP, in coordination with LGU's shall establish an education and training program for police officers and barangay officials to enable them to properly handle cases of violence against women and their children.

SECTION 43. Entitled to Leave. Victims under this Act shall be entitled to take a paid leave of absence up to ten (10) days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations, extendible when the necessity arises as specified in the protection order.

Any employer who shall prejudice the right of the person under this section shall be penalized in accordance with the provisions of the Labor Code and Civil Service Rules and Regulations. Likewise, an employer who shall prejudice any person for assisting a co-employee who is a victim under this Act shall likewise be liable for discrimination.

SECTION 44. Confidentiality. All records pertaining to cases of violence against women and their children including those in the barangay shall be confidential and all public officers and employees and public or private clinics to hospitals shall respect the right to privacy of the victim. Whoever publishes or causes to be published, in any format, the name, address, telephone number, school, business address, employer, or other identifying information of a victim or an immediate family member, without the latter's consent, shall be liable to the contempt power of the court.

Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and a fine of not more than Five Hundred Thousand pesos (P500,000.00).

SECTION 45. Funding The amount necessary to implement the provisions of this Act shall be included in the annual General Appropriations Act (GAA).

The Gender and Development (GAD) Budget of the mandated agencies and LGU's shall be used to implement services for victim of violence against women and their children.

SECTION 46. Implementing Rules and Regulations. Within six (6) months from the approval of this Act, the DOJ, the NCRFW, the DSWD, the DILG, the DOH, and the PNP, and three (3) representatives from NGOs to be identified by the NCRFW, shall promulgate the Implementing Rules and Regulations (IRR) of this Act.

SECTION 47. Suppletory Application For purposes of this Act, the Revised Penal Code and other applicable laws, shall have suppletory application.

SECTION 48. Separability Clause. If any section or provision of this Act is held unconstitutional or invalid, the other sections or provisions shall not be affected.

SECTION 49. Repealing Clause All laws, Presidential decrees, executive orders and rules and regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SECTION 50. Effectivity This Act shall take effect fifteen (15) days from the date of its complete publication in at least two (2) newspapers of general circulation.

Approved:

JOSE DE VENECIA JR. Speaker of the House of Representatives

FRANKLIN DRILON President of the Senate

This Act, which is a consolidation of Senate Bill No. 2723 and House Bill Nos. 5516 and 6054, was finally passed by the Senate and the House of Representatives on January 29, 2004 and February 2, 2004, respectively.

ROBERTO P. NAZARENO Secretary General House of Represenatives

OSCAR G. YABES Secretary of Senate

Approved: March 08, 2004

GLORIA MACAPAGAL-ARROYO
President of the Philippines

Source chanrobles dot com

Mo Twister final official statement- This is me in the most honest and ...

MO TWISTER FINAL OFFICIAL STATEMENT REGARDING LEAKED VIDEO ALLEGEDLY DETAILING RHIAN RAMOS ABORTION

Mo Twister and Rhian Ramos are said to have a relationship before according to Mo's Tweets.
FROM YOU TUBE UPLOADED BY KNIPPONN

MO TWISTER FINAL OFFICIAL STATEMENT

Mo Twister releases his final official statement on the alleged "Rhian Ramos abortion" controversy brought about by the illegal (?) uploading of the video where he talked about his ex-girlfriend Rhian Ramos, her family and manager, her TV network-GMA 7, and the abortion of their 3 ½ month old child the night before it happened in Singapore (watch the video HERE).

Mo's statement was aired on Sunday, December 4, 2011, in 103.5 WOW FM's showbiz radio talk show Showbiz Rampa hosted by Noel Ferrer with Dehins Trillo and Boy Dale.

Read DJ Mo's full statement below:

There are so many questions to be answered. I don't even know where to start. I guess I can only hope in time, the whole and accurate story will be the one told. It may be too long to write now, but I know a short statement is in order.

"Currently, I'm in disarray because of how fast and unexpected this has all become. I'm confused on whether I should do any interviews or just keep silent about the whole thing. One moment I think I should explain, the other I think I should shut up. I don't even know anymore.

"I am disappointed about the video. I'm saddened about the rumors of its upload. Most of all, I'm ashamed at myself for the loss of our child. It was something I never wanted to happen. It went against my every value and until this very day, it makes me breakdown in tears - something I never have moved on from - I don't think any parent can.

"Of course it was done with utmost regret and I still wonder if I did all that I can to prevent it from happening. I thought I did, but I ultimately sided with the decision of my girlfriend, because I was put against a wall, to a point where I had to choose between the safety of the person that I love and the life of our child.

"As you have heard or read in the video, I do not blame Rhian for our actions even though it was no one else's choice. The pressure on her was too great.

"Am I upset at her? No. However, I do feel sad about the opinions of the people who are closest to her. You see, I am pro-life. I know we all have a different stance about this sensitive topic, but I am and have always been such.

"You may ask why I still allowed for it to happen and my answer is, I don't know. I thought I tried and prayed enough for the circumstances to change but it did not. And I know I will pay for this for the rest of this life and beyond.

"To be completely honest, I am saddened by the reaction of her mom and manager. It has hurt me almost as much as the deed itself. I was shocked to learn of their stance regarding a future family member of theirs. When I went to them to seek their help and comfort, all the focus was put on her career and her body image.

"I was told that the baby wasn't even a baby, even though I was present during the ultra sound, heard the heartbeat of our 3 ½ month old child, saw it being formed into a young human being. I was even more shocked when she was being referred to as a 'brand' rather than as a daughter/niece.

"To be honest, I felt sick hearing this from people who are so openly Christian. They said, verbatim, 'Hindi naman ikaw yung tataba, hindi naman ikaw yung papanget, hindi ikaw ang magdadala at sasakit ang likod. It wasn't a baby.'

"These words were being screamed at me while I sat there in tears. I understand that this may possibly have a negative impact on her career, but it was our child - it was not an inconvenience that is more important than fame and money.

"After this intense ordeal last year, I recently found out this wasn't the only time. It was in this moment that I felt my world crash. I hope you don't find this as hypocritical of myself, but you cannot get away with killing children—I included.

"I made the video as a memento of this tragic event and that it should never happen again. It was meant for me to always remind myself that we paid an enormous sacrifice for this job and this relationship.

"I had no choice, I was not asked my thoughts - it was just going to be the way it went. So I made videos and I kept all the memories that I could hold onto.

"Rhian knew about all of this. To a point where months ago, when they thought a lawyer was needed to aid in our breakup, that I was asked to surrender all of this 'proof' (as they called it) to them for it to be destroyed.

"I naturally gave in to their request, because for the second time, I chose my girlfriend over the memory of our child. I specifically asked them to not destroy it, to please return it to me 50 years from now when all this showbiz priorities and 'branding' wouldn't mean so much anymore. Along with my files, they took my computer and erased it in front of me.

"This was all documented by her legal staff.

"Until this very day, I love Rhian very much. We had to lie to the public about our ongoing relationship and I understood why. I would never want to hurt her and I tried my best to protect her when rumors of past abortions would surface. I aggressively pursued bloggers and other people who had info of past incidents and told them to be quiet.

"They know who they are. Unfortunately, we find ourselves here today. People are in possession of these videos. I know that the copies in my laptop were not the only ones destroyed. In a brown envelope, I handed these files to the family and begged them to salvage them. My laptop may have been compromised. I really don't know. There will be rumors for a long time, I am aware of that, but it will not hurt as much as the memory of what truly happened - we lost our child and I have not moved on from it.

"I am aware that GMA would like to prosecute me for this. I would like to apologize to the network for putting them in a bad light.

"This decision to have an abortion was not something the network instructed us to do. I was shocked that one of their officers, Ida Henares, had an unfavorable opinion about the pregnancy, but I am aware that her opinion doesn't reflect the opinion of the network. I understand that and I am sorry if the words on my 'video diary' depicted otherwise.

"I'm sorry to Rhian that our rollercoaster relationship ended the way it did. There was much more going on than people know. But I love you. I always have. The few people who knew about us also knew how much we cared for each other. We talked about marriage, we almost bought a home together a few months ago, we were planning to have the family we lost.

"I don't have a message for the general public. This is the shortest explanation I can give for now. Maybe one day I can answer more, or whenever it is necessary. We all have a certain set of values. I will respect yours and I hope you will respect mine. This is me in the most honest and rawest form.

"I can only make one promise: I will never, ever agree to take the life of a child again. It doesn't matter if it isn't my body or my choice. I will not be put against the wall again. I should have stood my ground, fought harder, delayed it longer, encourage more people to talk her out of it.

"I regret being there. I regret it all."

RHIAN RAMOS TO FILE CRIMINAL CASE AGAINST MO TWISTER

Since the video came out on YouTube last week, Rhian Ramos has been silent. No word from her on the issue that must have rattled her to the core, whether what Mo Twister revealed was true or not.

Finally, we get to finally hear her side. Rhian Ramos made a statement on ’24 Oras’.
                                 
Rhian Ramos was with her lawyer, Atty. Lorna Kapunan, and her mother Clara, when GMA News interviewed her. 

                                     
No official statement was issued yet regarding the abortion allegation by Mo Twister although Rhian addressed the issue indirectly, tearfully and briefly.
                           

“I think more than what the people have seen, I’ve been hurt over a longer period of time unnecessarily and I think undeserved. "


                                

"I just hope to be able to put an end to that so that hopefully I could move on,”- Rhian Ramos very short statement.
                                   
Rhian Ramos was cut short by her lawyer Atty. Lorna Kapunan. Saying that she hopes everybody would move on and even the media should move on. 

They will file a case against Mo because he violated Republic Act 9262 or Anti-Violence Act Against Women and Their Children Act of 2004. 

Interestingly, Atty. Kapunan was Hayden Kho’s lawyer who she defended  against Katrina Halili during their sex video scandal case. (The case was dismissed eventually.)

Rhian Ramos will seek temporary protective order against Mo Twister according to her lawyer.

In an interview with “24 Oras,” Rhian’s lawyer, Lorna Kapunan, described Mo’s behavior as “not normal” and “dysfunctional.”

Rhian Ramos to file criminal case against Mo Twister!

Rhian’s appeal for a temporary protection order will legally shield her from Mo’s alleged harassment. The complaint will also be based on Republic Act 9262 of 2004 or the Anti-Violence Against Women and Their Children Act. The lawyer said that the protection order was not about distinguishing the truth from lies, but putting a stop to the harassment.

Rhian Ramos mom and her whole family is supporting her all the way!

Rhian Ramos Mom

Meanwhile Rhian’s mother Clara Ramos revealed that despite the devastating controversy, Rhian is “okay and functioning properly.” She thanked Rhian’s supporters for giving her strength.

“We really appreciate you guys, all the fans, supporters of Rhian, nakakataba ng puso na nandiyan kayo to be at her side, and giving her love. Thank you so much,” Clara said.

Rhian’s Mom also shared the irritation they’re feeling due to the abortion allegations.

“Siyempre, malungkot siya ano? Talagang it’s devastating. I’m glad that she’s able to be okay and function properly naman,” sabi niya.

Nagpahayag din si Mrs. Ramos ng matinding inis sa mga pahayag na isa sa dahilan ng umano’y abortion ni Rhian ay ang pressure ng kanyang pamilya.

“Natural lang na nakakainis na pati kami nadaramay. Merong mga bagay na sinasabi na pabigla-bigla…

“Of course, in this family, we’re all in this together.”

Rhia Ramos signed the complaint affidavit that will be filed by her lawyer to the proper court allegedly tomorrow DECEMBER 6, 2011.  Natatawa ako sa iba na nag papahayag na naka file na as in past tense na, Press Conference lang po yun kanina hindi naman korte ang mga reporters.

RHIAN RAMOS WAS CUT SHORT BY HER LAWYER WHEN SHE BREAKS DOWN AND CRIED DURING THE PRESS CONFERENCE.

Rhian did not deny her alleged abortion but then again, I don’t think people would believe her anyway if she did.

Rhian Ramos declined to answer questions on the issue from the media. But her lawyer said that will be done in due time. An official statement will come out very soon.

Their priority at the moment is to file a case against Mo twister, Mohan Gumatay in real life.

According to Atty. Kapunan, Mo Twister violated Republic Act 9262, or Anti-Violence Against Women and Their Children Act of 2004. She did not elaborate.

Kapunan also revealed that Rhian Ramos will file for a protection order against Mo Twister to try to stop him from further issuing damaging statements to the public.

Their evidence? The statements Mo has already released since the scandal broke out, and probably even the ones before that – the tweets about abortion that he started posting two weeks back.

“The court will determine if it will issue a permanent protection order,” said Rhian’s lawyer.

Rhian Ramos’ lawyer Atty. Kapunan:
“She only wishes the best for Mo, she is also hoping that Mo would also wish that for her… Only the best because they had good times together.”

“This has nothing to do with truth or lies, no? That is not what the protection order is about. What this is all about is harassment. He is harassing Rhian. Mo is harassing for all this utterances in public.”

Rhian Ramos' lawyer Atty. Lorna Kapunan claimed that the said protection order that they will ask from the Muntinlupa Regional Trial Court tomorrow, Tuesday, December 6, 2011.

Normally it will still go through the fiscal office.

The court may issue a permanent protection order that will prohibit Mo from committing “any psychological or emotional violence.”

GMA Network, where Rhian is a contract artist, has also indicated that it will file a separate case against the radio DJ-TV host for malicious and false imputations against the network in his video posted last Friday afternoon on YouTube.

Interesting fact : Rhian’s mom is annoyed that their family is being put in a bad light because they’ve supposedly pressured Rhian to get an abortion, again, no denial on the abortion.

As for the details mentioned in Mo’s video, Rhian will make another statement soon, said her lawyer.    - SOURCE:GMA NEWS 24 ORAS

UNITED KINGDOM OPENS ITS DOORS TO MIGRANTS WHO ARE EXCEPTIONALLY TALENTED

Talentadong Pinoy ka ba? Try your luck as UK opens its doors to migrant workers who are exceptionally talented.

United Kingdom - The government had announced the way that it will encourage exceptionally talented leaders in the fields of science, humanities, engineering and the arts to come to the UK.

The new Tier 1 (Exceptional talent) category opened last  August 9,2011. This new category facilitated not only those who had already been recognized but also those with the potential to be recognized as leaders in their respective fields. 

 

There was a limit of 1,000 places in the first year of operation. There was 500 places available last 9 August and 30 November and a further 500 places available from the 1 December to 31 March 2012. The number of places will be reviewed at the end of March 2012.

Tier 1 (Exceptional talent) will be overseen by world-renowned 'competent bodies', which will advise the UK Border Agency on these 'exceptionally talented' migrants to ensure that they are the brightest and best in their field:

• The Royal Society, a fellowship of the world's most eminent scientists, will be able to nominate up to 300 places.

• Arts Council England, the national development agency for the arts, will also be able to nominate up to 300 places.

• The Royal Academy of Engineering, Britain’s national academy for engineering, will have up to 200 places to nominate.

• The British Academy, the national academy for the humanities and social sciences will be able to nominate up to 200 places.

Immigration Minister Damian Green said: 'The UK is a global leader in science, humanities and engineering and we are a cultural centre for the arts: we will continue to welcome those who have the most to offer and contribute to our society and economy. 'Our new exceptional talent route, available for up to 1,000 applicants, will ensure that we continue to attract the brightest into the UK and keep the UK a global leader. 'This comes at a time of major reform of the immigration system to bring net migration back down to the tens of thousands, tackle abuses and make sure that the immigration system meets the needs of the country.'

Migrants seeking entry to the UK under Tier 1 (Exceptional talent) will not need to be sponsored by an employer, but will need to be recommended by one of the competent bodies. Alan Davey, Chief Executive of Arts Council England, said 'We welcome the launch of this special visa scheme, which will enable the very best artists of international standing to live and work in the UK. 'The international exchange of artists enriches their art, and I’m sure audiences will welcome the opportunity to experience the finest artistic talent from across the world.'

It will be for each competent body to select those who will qualify for recommendation, and we have also published the criteria for their endorsement. The President of the British Academy, Sir Adam Roberts, said 'The Humanities and Social Sciences are flourishing in the UK and attract many excellent scholars from overseas. 'The British Academy is ready to play its part in identifying those outstanding scholars for whom Tier 1 is the appropriate visa category.'

While the government has allotted a number of places to each body, it will be open to the bodies to transfer additional places to those with more demand if this becomes necessary.

The President of the Royal Society, Sir Paul Nurse, said 'The UK is a global leader in science because we can attract the best minds from around the world to work with our own home-grown talent. 'The government has listened to the science community’s concerns about jeopardising our international leadership by restricting the immigration of scientists and the Royal Society will play its part in ensuring that the very best international talent can continue to come to the UK to work.'

Those admitted under Tier 1 (Exceptional talent) category will initially be granted permission to stay for 3 years and 4 months. They will then be able to extend their stay for a further 2 years, and settlement may be available after 5 years’ residence in the UK.

President of the Royal Academy of Engineering, Sir John Parker FREng, said: 'In order to safeguard the UK's future competitiveness, we must ensure that it remains an attractive destination for world class engineers. He adds 'I am confident that this new visa route will help to encourage global excellence to come to the UK.'

Credits to UK Border Agency

Zest Air Seat Sale for December 6 to 8, 2011

 

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Travel Period: December 16, 2011 to January 15, 2012

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