lecture on Republic act on 9262 Power point pt.ppt
- 2. Passed in the Congress on February 2004, signed by GMA in March 8,2004 and took effect in March 23, 2004 A special law which protects women and their children from all forms of abuse
- 3. any act or series of acts committed by any PERSON against a WOMAN who is his wife, former wife, or with whom the person has or had a sexual or dating relationships, or with whom he has a common child, or against her child/children under her care
- 4. which results or is likely to result in physical, sexual, psychological harm or suffering or economic abuse including threats of such acts: Battery (physical harm), assault, coercion, harassment or arbitrary deprivation of liberty
- 6. Relationship, past or present Married or not; living in or not Sexual or dating relationship Including lesbian relationships With common child Falling under Sec. 5 (punishable acts)
- 7. Crime Penalty Prescriptive Period Sec 5(a) Causing Physical Harm 1) Serious physical injuries (over 30 days medical attention); Prision mayor (6yrs &1 day – 12 yrs) 20 years 2) Less serious physical injuries (10-30 days medical attention) Prision correccional (6mos & 1 day – 6 yrs) 3) Slight physical injuries (1-9 days medical attention) Arresto mayor (30 days & 1 day- 6mos)
- 8. Crime Penalty Prescriptive Period Sec. 5 (b)- threatening to cause physical harm Not lower than 30 days & 1 day -6 mos 20 years Sec 5 (c)- attempting to cause physical harm Arresto mayor 30 days & 1 day- 6 mos) 20 years Sec 5 (d)- placing in fear of imminent physical harm Arresto mayor 30 days & 1 day- 6 mos) 20 years
- 9. Crime Penalty Prescriptive Period Sec 5 (e-1)-threatening to deprive or actually depriving the woman or her child of custody to her family (e-2)- depriving or threatening to deprive the woman or her child of financial support/deliberately providing insufficient financial support Prision correccional (6mos & 1day -6 yrs 20 yrs (e-3)- depriving or threatening to deprive the woman or her child of a legal right Prision correccional (6mos & 1day -6 yrs 20 yrs (e-4)- preventing the woman in engaging in any legitimate profession, occupation, business or controlling the victim’s own money/property Prision correccional (6mos & 1day -6 yrs 20 yrs
- 10. Crime Penalty Prescriptive Period Sec 5 (f)- Inflicting or threatening to inflict physical harm on one self Arresto mayor (30 days & 1 day- 6 mos) 20 yrs Sec.5 (g)- causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape Prision mayor (6 years & 1 day – 12 yrs) 10 yrs
- 11. Crime Penalty Prescriptive Period Sec 5 (h)-engaging in reckless conduct that alarms or causes psychological distress (for ex. Stalking; lingering outside residence; entering or remaining in the dwelling; destroying property or inflicting harm to pets; Prision mayor (6 years & 1 day – 12 yrs) 10 yrs Sec 5 (i)- Causing emotional anguish, public humiliation incl. repeated verbal abuse and denial of financial support or denial of custody of minor children or denial of access to the woman’s child/children Prision mayor (6 years & 1 day – 12 yrs) 10 yrs
- 12. 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
- 13. Medical Assistance Counseling Legal Assistance
- 14. to prevent further acts of violence against a woman or her child. to safeguard the victim from further harm to minimize disruption in victim’s daily life give her the opportunity and ability to regain control over her life.
- 15. Barangay Protection Order – 15 days; renewable Temporary Protection Order – 30 days + (shall be renewed by court) Permanent Protection Order- valid/effective until revoked
- 16. Offended party Parents or guardians relatives within 4th degree of consanguinity or affinity Social workers of DSWD or LGUs Police officers preferably WCPD Investigators Punong Barangay or kagawad Lawyer, counselor, therapist, healthcare provider At least 2 citizens of the city or municipality who have personal knowledge of the offense
- 17. Issued by the Court on the day of filing Priority over all other cases Effective for 30 days; extendible Stay away order, temporary custody and support to woman and/or her children, use of community/conjugal property Bond to Keep the Peace Enforceable anywhere in the country No mediation; no conciliation
- 18. issued after notice and hearing custody, support to the woman and/or her children respondent to leave the residence permanently with Bond to Keep the Peace
- 19. refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships justifying circumstance perpetrator of crime against a woman with BWS shall not have custody of children
- 20. Right to be treated with respect & dignity; Legal assistance; support services from DSWD, local government Privacy and confidentiality of records Additional 10 day paid leave from work aside from present paid leave benefits
- 21. respond immediately to a call for help or request for assistance or protection of the victim whether or not a protection order has been issued and ensure the safety of the victim/s; confiscate any deadly weapon in the possession of the perpetrator or within plain view; transport or escort the victim/s to a safe place of their choice or to a clinic or hospital;
- 22. assist the victim in removing personal belongs from the house; assist the barangay officials and other government officers and employees who respond to a call for help; ensure the enforcement of the Protection Orders issued by the Punong Barangay or the courts;
- 23. arrest the suspected perpetrator without 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 immediately report the call for assessment or assistance of the DSWD, Social Welfare Department of LGUs or accredited non-government organizations (NGOs).
- 24. Any person, private individual, police authority, barangay official acting in accordance with law, who responds or intervenes without using violence or restraint greater than necessary to ensure safety of the victim
- 25. THANK YOU!!!