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THE IMPLEMENTATION OF BARANGAY PROTECTION ORDER UNDER THE ANTI - VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT

OF 2004 THE CASE OF BRGY WEST REMBO, MAKATI CITY

AN UNDERGRADUATE POLICY PAPER IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF POLITICAL SCIENCE MAJOR IN PARALEGAL STUDIES COLLEGE OF GOVERNANCE AND PUBLIC POLICY

SUBMITTED BY

AGUSTIN, REGIE REY N. PALADA, AARON P. SORONIO, WENGLENN C. VELASQUEZ, DAN ARVIN A.

1ST SEMESTER A.Y. 2012 2013

ABSTRACT Impulsive violence on women harms the welfare and the stability of a woman in every society and it is necessary that the government should promote their protection and empowerment. Thus, the authors of this study have conducted a research aiming to investigate a particular concern in a specific setting that covers on measuring the efficiency of barangay officials on implementing Barangay Protection Order (BPO) under the Anti - Violence Against Women and their Children Act of 2004 (VAWC) also known as R. A. 9262 which is concentrated in Barangay West Rembo. R. A. 9262 states and promotes a real understanding on the nature of violence against women and provides penalties thereof. An imperative provision of R. A. 9262 under Section 14 is making available of a Barangay Protection Order for VAWC victims to prevent further harm or threats, authorizing the barangay the countrys smallest political unit to issue and enforce BPO as a source of protection for VAWC victims who aim for its enforcement against their perpetrator. Such law is fundamental basis of the studys subject. The researchers preferred to apply the methods of qualitative and descriptive approach by means of defining and describing facts and ideas to provide all interested individuals concise information to the subject that will sustain their interests and understanding. The authors aspire on obtaining the readers expectations by asserting truthful evidence about the subject to persuade them to have a reasonable disposition on the topic of this research occurring within the community. With this impression, the authors are able to witness on how Barangay West Rembo recognizes and functions on Barangay Protection Order, and on how barangay institution provide efficient services in compliance with the law.

TABLE OF CONTENTS

Title Page Approval Sheet ... .. i ii iii iv

Acknowledgement Abstract

... ...

Table of Contents

Chapter I: THE PROBLEM AND ITS SETTINGS A. Introduction .. . . . 1 11 - 25 26 27 28

B. Background of the Study C. Statement of the Problem D. Objectives of the Study E. Significance of the Study F. Scope & Limitations G. Definition of Terms

. 29 - 30 .. 31 - 35 36 - 41 42 - 46

Chapter II: THEORETICAL & CONCEPTUAL FRAMEWORK Chapter III: METHODOLOGY.

Chapter IV: POLICY ANALYSIS Chapter V: POLICY RECOMMENDATION.. References Appendices

47 - 62 63 - 65

CHAPTER I THE PROBLEM AND ITS SETTINGS A. Introduction The welfare and protection of women and children is necessary to have in a society, they are the ones who could contribute many things and so they are essential to the doings for its development. Several factors are closely linked to the welfare of women and children. One of these factors is violence, which is very alarming and turned out to be a very serious problem where women and children encounter brutal and inhumane practices. The United Nation Declaration on the Elimination of Violence against Women (1993) defines violence against women as, any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public and private life. Gender-based violence is any violence inflicted on women because of their sex. Violence Against Women and their Children (VAWC) in the Philippines is an important public health problem and is considered to be a very prominent issue that continues to occur in different Filipino communities and troubles the welfare of women and their children. The most evident forms of violence against women in the country are violence against prostitutes, illegal recruitment, battering, rape, female genital mutilation, and domestic violence. There are different trends in the number of violence against women cases from different government agencies. The number of cases reported to the police increased sevenfold, from 1,100 in 1996 to 7,383 in 2004. In 2006, 5,758 VAWC cases were reported to the police. In 2008,

the number of VAWC cases reported to the police rose by 21 percent from the 2007 report. One of the worst forms of VAWC in the Philippines is human trafficking. To such extent of violence, a developing region as the Philippines could experience alarming issues if such matters will be taken for granted. Therefore, the Philippine government has provided legislations for the protection of women and children aiming to safeguard the victims from further harm and to impose penalties on its perpetrators. The Philippines has enacted several laws protecting women from violence such as, Anti - Sexual Harassment, Anti - Rape and Rape Victim Assistance and Protection, Anti - Trafficking in Persons, Anti - Violence Against Women and their Children with Womens and Childrens Desks and Services. Finally, the Republic Act 9262 or The Anti - Violence against Women Act was passed in 2004. In 2007, Senator Pia S. Cayetano filed Senate Bill No. 1407 in the Philippine Senate seeking to declare November 25 of every year as the National Consciousness Day for the Elimination of Violence against Women in the Philippines. The Anti - Violence Against Women and their Children Act of 2004, provides protective measures and safety measures for Violence Against Women and their Children survivor/victims, and prescribes penalties for the commission of the act. It establishes an Inter - Agency Council on Violence against Women and their Children tasked to formulate programs to eliminate such acts of violence, as well as to develop capability programs for their employees to become more sensitive to their client's needs. Such reliefs are important to be provided for a victims recovery from violence. One of the reliefs for Violence Against Women and Children victims provided on the act (R. A. 9262 - VAWC) are the Protection Orders stated under Section 8. The provision focuses on preventing further acts of violence against a woman or her child specified in Section 5 of the law

and granting other necessary reliefs to eradicate the trauma caused by such extreme violence. The assistance 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 protection orders that may be issued under the said act are the Barangay Protection Order (BPO), Temporary Protection Order (TPO) and Permanent Protection Order (PPO). The study focuses on Barangay Protection Orders provided under Section 14 it refers to the protection order issued by the Punong Barangay ordering the perpetrator to desist from committing physical harm to the woman or her child and threatening to cause the woman or her child physical harm, it provides prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise communicating with the victim-survivor, directly or indirectly. Barangay Protection Orders could be filed by the offended party, her guardians or parents, and police or barangay officials. 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 but 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. The Punong Barangay or Barangay Kagawad personally serves a copy of a BPO of the same on the respondent, and therefore provide protective measures for the victims. BPOs are only effective for fifteen days. Therefore, the authors of this study concentrated on assessing the implementation of Barangay Protection Order in a particular barangay in Makati City. A barangay being the smallest political unit of the country is precise and accurate to conduct a research or an investigative study since its institutions distance on every residence is just adjacent to submit reports regarding violence and the designated officials could initiate an immediate action on

every occurrence within the community particularly violence against women. The researchers aimed to execute the study in Barangay West Rembo for the reason that the barangay institution features the exact interests of the study and have shown of accessibility on transmitting factual information on VAWC cases to the researchers. The barangay have also requested the researchers to attend on a public seminar/forum relating to Women Empowerment and Elimination of Violence and granted the request of records and documented cases of VAWC to supplement the study nevertheless that the documents were restrictive to disseminate by which the researchers have considered the confidentiality on the records given for the protection of the names indicated on the documents. Furthermore the study objected to assess the implementation of Barangay Protection Order in Barangay West Rembo, if the undertakings of the barangay and its officials provide efficient implementation/ services on Violence Against Women and their Children (VAWC) victims, the study also identified the gaps and deterrent factors that affect the implementation of Barangay Protection Order to give strong points and possible recommendations to have an efficient implementation on handling VAWC and BPO cases not only in Barangay West Rembo but also the other Local Government Units as well in the City of Makati.

B. Background of the Study

Cases involving violence against women in the todays Philippine society had an increased number of reported cases as to the figures disclosed by the Philippine National Police, in which this circumstance happens to be very disturbing on the welfare of women. That is why it is crucial to study this particular community issue in order to provide empowerment and on uplifting the support of the whole society on the protection and welfare of women and their children. Though gathering data and relevant facts of the subject of the study, the researchers acquired knowledge on the reliefs provided by the Anti - Violence Against Women and their Children Act of 2004 (R. A. 9262) on VAWC victims. On the researchers point of view, ensuring the welfare and protection of VAWC victims is necessary to lessen the upset or disturbance caused through violence hence the researchers intended to study relevant provisions on the Anti - Violence Against Women and their Children Act of 2004. It stated under Section 8 that there are three kinds of Protection Orders provided, specified under Section 14 Barangay Protection Order (BPO), Section 15 Temporary Protection Order and Section 16 Permanent Protection Order. The three specified provisions guarantee protective measures for victims who intend for its application to avoid further harm or threats and to discontinue living with their husband or partner due to brutal practices. Moreover, the research envisioned Section 14 of the law relating to Barangay Protection Order, which refers to the protection order issued by the barangay ordering the perpetrator/respondent to desist from, committing further acts of violence on his wife/spouse or has sexual relationship. The authors of this study consider that a woman is a tough undertaking, since it consists principally in dealing with men. This law for women and their children aims to aid violated women and bring equality into possible. However, there are instances that the barangay

encounters on issuing BPO. The problem on issuing a Barangay Protection Order is that the day after a BPO had been issued, the victim is already suppressed by her husband and the latter conferred the womens desk officer that their dispute have already been settled, which happen to be an outlawed situation since the BPO is violated and the legality will be terminated at once since the victim has already tamed. Wherein one and all must consider that a BPO is issued on the absence of the perpetrator where the manner of issuance is recognized as ex parte, and ordering the perpetrator to avoid communicating and to maintain distance from the petitioner. Another constraint on the implementation of BPO is the ignorance and the lack of knowledge of such law enforcers particularly the barangay officials unto what are the provisions stated under the law (R. A. 9262) and the procedures and policies indicates particularly the Barangay Protection Order provisions, permitting them to be unaware on their duties and responsibilities as to the implementation, resulting on providing poor services on VAWC victims who applies for Barangay Protection Order. Therefore, obtaining such information showed interests and curiosity on the researchers which gave them a strong reason and motivation to execute a study focused on evaluating the capacity and measuring the efficiency of the barangay on implementing the Barangay Protection Order.

FOREIGN VIEWS AND LOCAL STUDIES REGARDING PROTECTION ORDERS a. Foreign Literatures Those who are less fortunate in life must be more in law. A typical maxim that the underdog doesnt recognize for they havent informed that theres one and the other way is it doesnt exist in their way of being. The law provides special act that is exclusively for women the Anti - Violence against Women and their Children or known as R. A. 9262. The researchers seek a book which are related to the study of violence against women and one of this is Preventing Violence Against Women and Children: Workshop Summary (2011) authored by Deepali M. Patel, Rapporteur; Forum on Global Violence Prevention; Institute of Medicine the book stated that violence against women and children is a serious public health concern, with costs at multiple levels of society. Although violence is a threat to everyone, women and children are particularly susceptible to victimization because they often have fewer rights or lack appropriate means of protection. In some societies certain types of violence are deemed socially or legally acceptable, thereby contributing further to the risk to women and children. In the past decade research has documented the growing magnitude of such violence, but gaps in the data still remain. Victims of violence of any type fear stigmatization or societal condemnation and thus often hesitate to report crimes. The issue is compounded by the fact that for women and children the perpetrators are often people they know and because some countries lack laws or regulations protecting victims. Some of the data that have been collected suggest that rates of violence against women range from 15 to 71 percent in some countries and that rates of violence against children top 80

percent. These data demonstrate that violence poses a high burden on global health and that violence against women and children is common and universal. The book provides prevention on how violence against women and children will reduce. The science behind preventing violence against women has evolved greatly over the past several decades. Several speakers offered overviews of the research and describe the growing awareness of the complexities of the causes, risk factors, and adverse effects of such violence. They also explored potential intervention points that were illuminated by this discussion. The first paper is a reprint from the World Health Organization publication Preventing Intimate Partner and Sexual Violence Against Women (WHO and LSHTM, 2010b). The full report provides an overview of the magnitude of the issue. The second paper is adapted from the International Men and Gender Equality Survey (IMAGES), a multi-country study that explored men's perspective on gender norms and violence. On which the survey examine the evolving views of men in gender equality as well as whether these views affected men's sense of well-being and their commitment to reducing violence. The third is from Claire Crooks from University of Western Ontario and the Centre for Addiction and Mental Health, provides an overview of intergenerational transmission of violence. The book focuses on these elements of the cycle as they relate to interrupting this transmission of violence. Intervention strategies include preventing violence before it starts as well as preventing recurrence, preventing adverse effects (such as trauma or the consequences of trauma), and preventing the spread of violence to the next generation or social level. Successful

strategies consider the context of the violence, such as family, school, community, national, or regional settings, in order to determine the best programs. The other resources that the researchers dig up is from the book of Katherine M. Blakeslee, Deepali M. Patel, and Melissa A. Simon, Rapporteurs; Forum on Global Violence Prevention; Board on Global Health; Institute of Medicine. The Communications and Technology for Violence Prevention: Workshop Summary (2012). The book provides a massive change in communications platforms and standards has occurred around the globe. These new technologies have disrupted traditional means of communication and have provided opportunities for reaching farther and wider. Furthermore, new media make it possible to empower whole groups to engage in community-based efforts to prevent violence by making available the vast body of evidence-based knowledge previously only accessible in the academic realm. Although it is tempting to push forward quickly in order to take advantage of these opportunities, that desire should be tempered by the importance of advancing both holistically and cautiously to avoid the unintended consequences of new ideas as much as possible. The fields of communications and communications technology offer much in terms of out-of-the-box thinking that could assist in overcoming persistent obstacles, while the violence prevention field draws on careful and considerable scientific expertise in building successful interventions. Combining the strengths of these fields, while minimizing potential harm, could prove beneficial for preventing violence and promoting well-being around the world. Although the use of information and communications technology (ICT) in violence prevention is new, some interventions have already capitalized on this new avenue with

promising results. This chapter includes papers from presenters at the workshop who explored this intersection and its potential. The first paper presents data from an intervention designed to assess the impact of adding a mobile phone component to an existing intervention that teaches parenting skills. The paper describes the intervention design and evaluation and results of the study. The second paper is a case study in using video and community education to raise awareness and reduce the prevalence of domestic violence, as part of the Bell Bajao! campaign in India. The case study examines the impact of the campaign and explores the potential for expanding the program. In the third, fourth, and fifth papers, the authors describe the applicability of ICTs to dating violence, elder abuse, and suicide prevention, respectively. These authors, who had previously not collaborated before, worked together before the workshop to frame breakout discussions on day 2 of the workshop. Their papers explore the needs and challenges of each type of violence prevention, the use (or potential use) of ICTs, and any additional gaps or questions that needed to be addressed. b. Local Literatures Violence against Women and Their Children Primer was published by Asia Society for Social Improvement and Sustainable Transformation (ASSIST) is a project of Justice and Healing in partnership with international organizations like European Union, Womens Legal Education, Advocacy and Defense Foundation (WOMENLEAD), together with Department of Social Welfare and Development (DSWD), Womens Crisis Center and Womens Feature Service (WFS Philippines). The primer specifically defines the acronym VAWC which is violence against women and their children that has four in forms namely: Physical violence which refers to acts that is

bodily or physical harm such as kicking, slapping and/or hitting; Sexual Violence which indicates any act that is sexual in nature like rape, sexual harassment, acts of lasciviousness and alike; Psychological violence that causes the victim into emotional and mental sufferings; and Economic abuse which signifies to the victim to be dependent into the perpetrator. The primer also specifies the meaning of domestic violence that refers to any form of violence in which the victim and attacker are related by blood. It also elaborates what the R. A. 9262 since it is the main law the researchers are studying. R. A. 9262 is the Anti - Violence Against Women and their Children Act of 2004. It seeks to address the prevalence of Violence Against Women and their Children, abuses on women and their children by their partners like: Husband or Ex - husband; Live - in partner or Ex - live in partner; Boyfriend/Girlfriend or Ex Boyfriend/Ex - Girlfriend; and Dating partner or ex-dating partner. The primer says that the law protects the women and children which civil in nature, has an unequal relations of a man and a woman in an abusive relationship where the woman is usually the one disadvantaged. It also states that the law allows women and their children to secure Barangay Protection Order (BPO), 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. Anyone who hurts the woman he or she is or was in a sexual or dating relationship with may be held liable under the Anti - VAWC Act is stated in the primer too. In ensuring the Anti - VAWC Laws full implementation at the local levels, the Department of the Interior and Local Government has developed the Primer on R. A. 9262 for local officials and Department of Interior and Local Government field officers to enable them to gain knowledge and insights on their role in promoting women and child rights with the support of all concerned agencies and civil society organizations.

The primer discusses the problems of domestic violence and ways of dealing with or preventing it from weakening the bond that unites the Filipino family. Presented in simple language, it equips the readers especially our barangay officials, with knowledge and skills in maintaining the peace, and order in the community. It specifies the systems and processes that should be taken by the barangay officials in case the perpetrator refuses or violates the issued protection order. On the primer, they also enumerate the rights of the victim or the survivor and what actions she must have performed to. The primer is aimed not only to advocate awareness on the implementation of the law but essentially to provide barangay officials comprehension in responding to VAWC cases. It defines the vital role of the barangay officials, being the front liners in addressing the problems in their respective barangay. The systems enumerated on the primer illustrates that the barangay are well-equipped on how to handle the problems such as domestic violence. There is also a memorandum circular number 2004 - 18 ordered under the Department of the Interior and Local Government mandates all provincial governors, city/municipality mayors, Punong barangays, DILG regional/provincial/city directors and other concerned local agencies the implementation of the Republic Act 9262 and the issuance of Barangay Protection Order under section 8 of the said law, indicated in the primer. The Barangay Protection Order of Republic Act 9262 (Anti - Violence Against Women and their Children Act of 2004) Primer was published on December 2007, a mere complimentary to the law, printed by the National Commission on the Role of Filipino Women (NCRFW) in partnership with Department of the Interior and Local Government and National Barangay Operations Office.

c. Foreign Studies This is from the website Tribal Law Journal, Expanding the Network of Safety: Tribal Protection Orders for Survivors of Sexual Assault by Sarah Deer. This study is scope to the right to exist in a world free from violence is a basic movement in many indigenous cultures and government. The study occupies the sexual assault against Native American women in the United States. It reflects to the fundamental breakdown in culture and legal norms that have served to provide protection to Native American women form time existing. She illustrates the primary barriers that prohibit from reporting of a sexual assault. Need to protect family honor, Fear of revenge by the perpetrator or by perpetrators family, Fear of gossip, Going against unspoken rule that you dont turn in your own, Fear and distrust of systems, maltreatment and racist treatment and fear that they may be arrested for past legal problems unrelated to sexual assault. This factors cause the effect of many unreported cases in the area. It says that Protection Orders have become increasingly used in tribal courts as tools for women victimized by their partners in case of domestic violence that is requested by the victim of a crime from the court to protect her against another person or persons. But it is depend on the laws of the particular tribe or court, a protection order can order the named individual to stop committing violence that can harm the victim, stay away from the victim and her family, stop contacting the victim, and other requirements designed to provide safety to the victim from the tribe or court. Many tribal laws outlining protection order statues are specific to domestic violence, requiring that the petitioner have a history of intimacy with the respondent. Many of the survivors of sexual assault, who do not have a history of intimacy with their assailant, may

not be eligible for a protection order. The study gave examples of sexual assault survivors who currently may not be eligible for a protection order in these tribal courts including the following: a casino employee who is raped by a co worker, a mother of three who is sexually assaulted by a neighbor, an 18 years old pregnant woman raped by a person implied to be a traditional healer, a 25 years old woman molested by a medical professional, a grandmother sexually assaulted by her nieces husband and a 15 years old high school student who is raped at a party by a former childhood friend. None of the women in these examples would be eligible for a protection order. The only survivors of sexual assault who would be eligible for a protection order under their law are those women who were sexually assaulted by an intimate partner or family members. After of filing a protection order and approved by the tribal court the ex parte occur, which may leave a survivor vulnerable to violence in the immediate after math of a crime. The tribal governments continue to have significant jurisdiction of the issuance and enforcement of civil protection orders. Sarah Deer state the goal of any new protection order statute should be to provide for at least four important components. First is safety it say that safety should be the paramount goal in any protection order system. Second is accountability for perpetrators of sexual assault may be difficult to attain in tribal courts, where criminal jurisdiction has been diminished. The issuance of a protection order to a sexual assault survivor may provide a significant of accountability in the civil system, providing that appropriate sanctions are in palace. Third is prevention of future sexual assault is difficult to predict or guarantee. The issuance and enforcement of protection orders in a swift and consistent manner can send a strong message to the perpetrator and community that sexual assault is not acceptable behavior. Fourth is healing survivors of sexual violence often indicating the importance of finding justice in the healing

process. A protection order hearing can serve as a forum for the stories of survivors and offers a formal setting in which survivors can choose to ask for protection further harm. Another study that indicates also protection order from a website called PolitiFact.com, Do protection orders really protection? The answer isnt clear, by Tom Feren. It is a study by the University of New Hampshires Carsey Institute, which conducts policy research on family and civic issues, found that civil protective orders are effective in reducing partner violence for many women. For half the women in the sample, a protective order stopped the violence. For the other half the orders significantly reduced violence and abuse. The results of the study show clearly that civil protection orders are an effective intervention in addressing partner violence. From Kentucky, an analysis of civil protection orders said that the orders provide justice for some, but for others they are just a piece of paper. For most women, protection orders reduce violence, the analysis found. In Wisconsin from their state bar association said that restraining orders do not guarantee protection, but the research suggests that restraining orders are between 40 and 80 percent effective in deterring future incidents of abuse in the year after obtaining the order. The violations range from relatively minor incidents such as unwanted phone calls or visits, to more severe attacks of physical or sexual abuse. From the website National Institute of Justice, Perspectives on Civil Protective Orders in Domestic Violence Cases: The Rural and Urban Divide by Nikki Hawkins. Civil protective orders can be an effective tool for domestic violence prevention. The study looked at the impact of civil protective orders for domestic violence victims in five Kentucky jurisdictions. Civil protective orders, sometimes known as restraining orders, may cover various situations, such as ordering an assailant to avoid a victim's home and workplace or forbidding any contact with the victim, including by mail or telephone. Findings from the study suggest that orders make a

difference in safety, fear levels and cost savings. In urban and rural populations reported significant differences in fear. Its say that half of the women who received protective orders did not experience a violation with the following six months. And for the other half who did experience violations, the levels of violence and abuse declined significantly compared with the six months before the protective order was issued. In the other hand urban and rural women had similar views of the protective orders effectiveness. Many rural women found it more barriers to getting an order and having it enforced, thus experiencing less relief from fear and abuse Fear of future harm, researchers interviewed 213 women with protective orders in one urban and four rural jurisdictions. T. K. Logan of the University of Kentucky, the lead researcher, noted that the rural women were from the Appalachian area, which has received media attention because of drug use. Six months after they were first interviewed, both rural and urban women reported that they felt less fearful once they got the protective orders. The study focused only on women who got protective orders and therefore cannot provide comparable data about women who did not seek or were denied protective orders. Women who are more seriously injured or fearful may be more likely to seek protective orders than those who feel less threatened. Barriers to getting a protective order, the study gets the topic to learn about the barriers to getting a protective order and their effects on rural and urban women. The researcher interviewed 188 key participants, including judges, law enforcement officers, prosecutors, defense attorneys and court clerks. Other participants included victim services workers, such as advocates, legal aid attorneys, shelter staff and counselors. The participants in the interview were asked three main questions: What do you think are the three main reasons a woman might not receive an

emergency protective order? What are the three biggest reasons a judge would dismiss or not grant a domestic violence order? In result of the interview forty percent of participants mentioned "judicial bias" as a barrier to obtaining a protective order. Judicial bias may include the judge's personal political connections to the families involved or the history of protective order requests if a woman has filed multiple times. Judicial bias was mentioned as a barrier more often in the rural areas than in the urban areas. In Kentucky Circuit Family Court Judge Jo Ann Wise said she was not surprised that judicial bias surfaced as a barrier, especially for rural women. "I've heard judicial bias myself. It's there," she said. Urban women reported having trouble navigating the system, even though they reported it took one and a half hours to get their protective orders, compared with the two and half hours it took rural women. They also reported experiencing more confusion, encountering more problems and having more questions about the process than rural women. Urban women also expressed more fear of confronting their violent partners in court. d. Local Studies Let us cite an article that concerns prevention of violence against women by Jannica Diaz publicized at Rappler website , she stated that in the Philippines that one female cop is likewise to educate her fellow Filipino women regarding to help themselves through acquiring knowledge of their legal rights and how to prevent common crimes before they happen. The author of the article focused her writing on an event of an intimate group discussion titled Talk Safety to Me which was conducted on May 22, 2013 by SPO3 Helen Lapay Dela Cruz a multi-awarded police officer. According to this article while pepper spray and stun guns may help, SPO3 Dela Cruz believes that prevention education is just as crucial. During the discussion the police officer

outlined ways on women to avoid from common crimes. She stated that changing the routine of a woman for instance commuting routines, the simple deviating stop overs or roads to home might discourage would-be stalkers and by commuting especially at night, the officer supposed that it is best to avoid exposing gadgets to prevent the eyes of snatcher.

"You really have to be more alert. Be mindful of any new modus operandi hot in the news or social network. Be vigilant and alert. Some might say youre bordering on paranoia, but at least its for the benefit of your well - being and safety," she added.

Women can take steps to make themselves less vulnerable to common crimes, but according to Dela Cruz the majority of female victims are abused by partners who are "ignorant" of their rights. She said some women don't realize they are being abused while others choose to suffer in silence for the "sake of the family or their kids." She added that Filipinas are conventionally martyrs by nature. She believes that mentality plays a factor in why many of them are unable to get out of abusive relationships.

She defined abuse that it is not only limited to physical. There is also emotional like humiliation, name - calling, or any ways of degrading a womans character. Another type of abuse is financial, she said, pointing to husbands who don't allow their wives to work or leave the house. According to the officer it is not just husbands abuse women, but also employers who are in a position of authority. She pointed out that sexual harassment remains prevalent in the workplace. From 2000 to 2011, the Philippine National Police's (PNP) Women and Children Protection Center recorded 757 cases of sexual harassment, or 5 cases per month. SPO3 Dela Cruz spoke about the greatest legal weapon for women and children which is the Republic Act 9262 or the Anti - Violence against Women and their Children Act We cant uphold our rights

without knowing them, she stressed. "Getting out of an abuse is a personal call. If you feel youre being abused, you can get out.

The writer discussed that the law is hailed as a complete package that perfectly fills the vacuum of the lack of justice for women before gender-based laws existed. And she added despite laws to safeguard the rights and welfare of women, domestic violence and sexual harassment remain a prevalent problem in the Philippines. From January 2011 to August 2011 alone, the PNP Women and Children Protection Center recorded 5,989 cases, which translate to 25 cases a day or 1 every 57 minutes and 36 seconds.

Let us discuss another article by Carina L. Cayon from the Philippine Information Agency that focuses on a news campaign in Davao City on November 23, 2012. The said campaign was attended by women leaders and advocates to call for the elimination of all forms of violence against women in the 18 - Day Anti - VAWC Campaign as launched last November 26 in the city. The City Government of Davao through the Integrated Gender and Development Division, in partnership with various stakeholders held the Launching Program on the said day located at the Rizal Park Ground, San Pedro Street the event was to graced the launching activity by Mayor Sara Duterte, Committee on Women, Children and Family Relations Chair and City Councilor Leah Librado - Yap and Development of Peoples Foundation project coordinator Lyda Canson. IGDD Officer in Charge Lorna Mandin said the 16 days of activism against gender violence has been observed globally from November 25 to December 10. However, Mandin said that through Presidential Proclamation 1172 in 2006, the Philippine campaign was extended to 18 days, to include December 12 which is known as the Anti - Trafficking in Persons Day. The campaign covers awareness rising about gender - based violence, strengthening local work and establishing

a clear link between local and international work to end VAWC, among other undertakings. Last years campaign will be anchored on the national call against gender -based violence during disasters and armed conflict situations, Mandin stated. The city governments observance of the campaign embraced a local theme, Malingkawasnong Katilingban alang sa Kababayen-an Panahon sa Kalinaw, Kagubot ug Katalagman (Violence Against Women free Davao City in Times of Peace, Conflict and Calamity).

C. Statement of the Problem The researchers conducted interviews and observation on selected barangays in Makati, in line with the observation conducted by the researchers there are few barangays that intend not to emphasize the importance of Barangay Protection Order on providing relief on the victims of VAWC that results to an inefficient BPO issuance. Through this engagement, Barangay West Rembo caught the attention of the researchers since it bears a reliable source of information on the implementation of Barangay Protection Order. According to the gathered data on this study, the researchers intend to answer the following concerns within Barangay West Rembo: 1. Who are the entities involved on the implementation of the Barangay Protection Order in Barangay West Rembo? And what are their roles and interests on the implementation?

2. Does Barangay West Rembo provide efficient services on the implementation of the Barangay Protection Order?

3. What are the gaps and deterrent factors on implementing Barangay Protection Order in Barangay West Rembo?

What are the possible recommendations that the researchers could insinuate on the study?

D. Objectives of the Study The researchers were required to measure the efficiency of the Barangay Protection Order to the welfare of the victims/survivors and the actions performed by the officials of the barangay. The main goals of the study are: 1. To identify the involved entities of the barangay and their roles on the implementation of the barangay protection order on VAWC cases. 2. To measure the efficiency of Barangay West Rembo on providing services on Barangay Protection Order implementation in terms of: 3.1 Determining the system and initiatives of the barangay officials 3.2 Assessment of BPO petitioners on the performance of the barangay 3.3 Information dissemination regarding BPO on the citizens of West Rembo 3. To ascertain the gaps and deterrent factors on implementing Barangay Protection Order in Barangay West Rembo. 4. To provide a strong and effective recommendation at the end of the study that might help future researcher on their future study and prominently to further strengthen the implementation of Barangay Protection Order in Barangay West Rembo and other areas of Makati. In order to reach these objectives, the researchers carried out different ways to find facts and data which will be discussed on the methodology part of the study. The researchers have also formulated different set of questions for the interview process the scholars will be doing on the distinctive barangays of Makati.

E. Significance of the Study The Barangay Protection Order (BPO) under Section 14 of the Republic Act 9262 has an imperative role on VAWC victims. When the complainant or the victims have requested the issuance of BPO, the barangay as the nearest institution from the residence of victims has the capacity to immediately grant protective measures towards preventing further actions of violence. BPO also provide victims the assurance of creating their own decision without the consent of the abuser/perpetrator. The acknowledgement of every entities on Barangay Protection Order is considered as an important goal of the study in the community of Barangay West Rembo especially the women groups and other neighboring barangay areas that are not knowledgeable enough, thus the study will convey information that there is an existing law which protect victims from further acts of violence from the perpetrators. In the case of the victims who are severely experiencing abuses, they will be more familiar with their rights. It is essential that everyone should know the provisions of the law (R. A. 9261) and the Barangay Protection Order. If the citizens of Barangay West Rembo and the other citizens of nearby barangays have the awareness about the law, they can prevent and lessen the casualty of violence. This study will also contribute the readers and future researchers a clearer view and vivid perspectives on the assistances stated under the provisions of Barangay Protection Order through the analysis and conclusion of the study on the implementation and the efficient services provided by Barangay West Rembo. This analysis will also serve as a revelation to each barangay officials who are accountable for its enforcement not only Barangay West Rembo but also other Local Government Units in Makati City as well to conform to the law (R. A. 9262) and enforce good practices on the implementation of the Barangay Protection Order.

F. Scope & Limitations

The range of the study is centered on the implementation of Barangay Protection Order aiming to have a concrete response through a comparative method conducted in Brgy West Rembo, the study is mainly directed by the provisions of BPOs inscribed under the law (RA 9262) which serves as a legal basis of the study and through the gathered facts, replies and records stated by the target entities of the study. In order to acquire these data, the researchers involved themselves through discussions and interview with key informants specifically the barangay captain, the barangay secretary, the barangay bantay bayan, the PNP station situated in Barangay West Rembo and petitioners/applicant of barangay protection order. Throughout these data gathered, it is crucial to the researchers to consider the concealment and confidentiality of all the names, residences and other personal information of parties involved on the documented cases of VAWC. The topic limits the researcher to further study since the scope is merely to the issuance of the protection order of a barangay. The researchers considered the secrecy gathered by the officials of the womens desk so as not to deprive their confidentiality, the researchers havent congregate the names of the victims in the study. The researchers also had experienced the unhurried response of the barangay officers to the request of the researchers to conduct interviews to them which cost the researchers so much time to begin their research. Another thing that bounds the researchers to expand their analysis is lack of womens desk on other barangay they wanted to study likewise. This gives the researchers a little bit disappointment to manage further study. The operating hours of the institution also affects to the study of the researchers because it doesnt complement to the availability of the researchers. While doing the

interview, the researchers discovered that some officials are not fully-knowledgeable to the law. This leads to the officers not to answer properly the researchers prepared questions and could give them wrong analysis.

G. Definition of Terms Barangay - is the smallest administrative division in the Philippines and is the native Filipino term for a village, district or ward. Barangay Protection Order - refer to the protection order issued by the Punong Barangay ordering the perpetrator to desist from committing acts under Section 5 (a) and (b) of Republic Act 9262. Battery - refers to an act of inflicting physical harm upon the woman or her child resulting to the physical and psychological or emotional distress. Children - refers to those below eighteen years of age or older but are incapable of taking care of themselves as defined under Republic Act No. 7610. It includes the biological children of the victim and other children under her care. Conciliation - is the extension of the amicable settlement in the case the mediatory effort of the Punong Barangay did not result to reconciliation within the 15 days from the start of the proceedings. Descriptive method - in research is to develop, test and evaluate research instruments and methods. It explores phenomena in real life situations and uses a survey method. Common data gathering methods used are questionnaire, interview, and observation. Domestic Violence - Domestic violence and emotional abuse are behaviors used by one person in a relationship to control the other. Partners may be married or not married; heterosexual, gay, or lesbian; living together, separated or dating. Economic Abuse - refers to acts that make or attempt to make a woman financially dependent which includes the withdrawal of financial support and 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. Efficiency - the state or quality of being efficient; competency in performance. Ex parte - Latin meaning "for one party," referring to motions, hearings or orders granted on the request of and for the benefit of one party only. This is an exception to the basic rule of court procedure that both parties must be present at any argument before a judge, and to the otherwise strict rule that an attorney may not notify a judge without previously notifying the opposition. Intimate partner - is an interpersonal relationship that involves physical or emotional intimacy. Is also used euphemistically for a sexual relationship. Local Government Unit (LGU) - the smallest political unit into which cities and municipalities in the Philippines are divided. It is the basic unit of the Philippine political system. It consists of less than 1,000 inhabitants residing within the territorial limit of a city or municipality and administered by a set of elective officials, headed by a barangay chairman (Punong Barangay). Mediation - Mediation of the first process of settling a dispute under the katarungang pambarangay. It is performed by the punong barangay as Lupon chairman who is given authority to summon the disputants for a face to face meeting before him for the purpose of expeditiously and amicably settling their differences. Non Government Organizations (NGOs) - is any non-profit, voluntary citizens' group which is organized on a local, national or international level. Task-oriented and driven by people with a common interest, NGOs perform a variety of service and humanitarian

functions, bring citizen concerns to Governments, advocate and monitor policies and encourage political participation through provision of information. Permanent Protection Order (PPO)- refers to protection order issued by the court after notice and hearing. Perpetrator - a person who perpetrates, or commits, an illegal, criminal, or evil act. Physical Violence - refers to acts that include bodily or physical harm. 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 Section 5 of Republic Act 9262 and granting other necessary relief. The relief granted under a protection order serves the purpose of safeguarding the victim from further harm, minimizing any disruption in the victims daily life, and facilitating the opportunity and ability of the victim to independently regain control over her life. 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. Qualitative Research - is a method of inquiry employed in many different academic disciplines, traditionally in the social sciences, but also in market research and further contexts.

Quantitative Research - refers to the systematic empirical investigation of social phenomena via statistical, mathematical or computational techniques.

Respondent - the party who is required to answer a petition for a court order or writ requiring the respondent to take some action halts an activity or obeys a court's direction. In such matters the moving party (the one filing the petition) is usually called the "petitioner." Thus, the respondent is equivalent to a defendant in a lawsuit, but the potential result is a court order and not money damages.

Sexual Relations - refers to a single sexual act which may or may not result in the bearing of a common child.

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:

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 victims 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;

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;

Prostituting the woman or child. Temporary Protection Order - 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.

Violence against Women and their Children (VAWC) - 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.

Warrant - an order of a court which directs a law enforcement officer to arrest and bring a person before the judge, such as a person who is charged with a crime, convicted of a crime but failed to appear for sentencing, owes a fine or is in contempt of court.

CHAPTER II THEORETICAL AND CONCEPTUAL FRAMEWORK Theoretical Framework The Functional Perspective on Group Decision Making is a communication theory that deals with the decisions made by groups; it focuses on how a group can increase the likelihood of making a good decision for a theme or subject. It was originated from Dennis Gouran and Randy Hirokawa (1983). The Functional Perspective on Group Decision Making Theory is a unified and coherent set of propositions, assumptions, and claims that attempt to explain how and why communication is related to the quality of the decisions groups make. Hirokawa and Gouran conveyed that groups can make high-quality decisions when members fulfill the four requisite functions, accordingly these four functions can increase beneficial decision making: (1) problem analysis, (2) goal setting, (3) identification of alternatives, and (4) evaluation of positive and negative consequences. Most group communication disrupts progress toward accomplishing these functional tasks, but counteractive communication can bring people back to rational inquiry. Accordingly, the theory has been very influential in guiding researchers and practitioners views about how communication affects group decision making and how communication might be structured to increase the likelihood that groups will arrive at high-quality decisions by which the researchers of the study prefer to apply the principles of the theory. The study aims to identify the efficiency of the barangay on the enforcement of the Barangay Protection Order on VAWC victims. In line with that goal, the decision making or planning on an investigative study on a barangay institution regarding the BPO implementation of the Anti-Violence against

Women and their Children Act of 2004 otherwise known as the RA 9262 could be observed as an actual communication theory. The theory describes that by fulfilling the four requisite functions of the theory groups could arrive at high-quality decision such as arriving decisions regarding gathering data techniques, the suitable modes of analysis and the possible recommendations for the research. Furthermore, the theory carries related concepts to identify the suitable methodologies required on the research. Analysis of the Problem is interpreted by the researchers that the group must first create an understanding of the nature of the problem (VAWC and BPO cases), the seriousness and urgency of the problem, the feasible origin of the problem and the consequences associated with not solving the problem. The second function is Goal Setting stating that the researchers of the study must establish criteria by which to judge proposed solutions..

The third one is the Identification of Alternatives as to Hirokawa and Gouran they stressed the importance of considering a number of alternative solutions from which the researchers could choose on their study. Hirokawa and Gouran argue that, If no one calls attention to the need for generating as many alternatives as is realistically possible, then relatively few may be introduced, and the corresponding possibility of finding the acceptable answer will be low (Hirokawa and Gouran 250-251). And finally the fourth function, the Evaluation of Positive and Negative Characteristics which could be referred to discussion of the analysis part of the study. After the researchers have identified alternative solutions, they must take care to test the relative merits of each option against the criteria they believe are important.

Some group tasks have a positive bias; they believe that spotting the favorable characteristics of alternative choices is more important than identifying negative qualities.

Other group tasks have a negative bias. They believe that the unattractive characteristics of choice options carry more weight than the positive attributes. It is important to note that Hirokawa and Gouran believe that all four functions serve an important purpose and that no individual function is better than another. They must all be used to reach a high quality decision of group conducting an investigative research. Through the application of this theory the varied perspectives of the researchers would bring them to look at the issue from a wide variety of views and thus would be able to generate a far wider list of alternative possible solutions. This in turn would create a higher quality solution on the research problem.

Conceptual Framework

The conceptual framework of the study concentrated on the Input Process Output Model or systems approach that consolidates the important factors on identifying the success and failure on the implementation of the Barangay protection Order in Barangay West Rembo. The framework also mirrors the basic formula indicating the implementation of the Barangay Protection Order as it is transformed by the processes of the implementation and throughout the activities and services provided by Barangay West Rembo of Makati and then arriving on the outputs and probable outcome of the implementation as to the implementation process. The process is the most indispensable factor of the framework in order to attain the outputs of BPO implementation. To have a strong analysis on the study, the researchers utilize the different tools of analysis such as Interview on Key Informants, Bench marking, Situational Analysis, SWOT Analysis, and Stakeholders Analysis. While the outputs of the framework pertain to the improvement of services provided by the barangay officials on handling VAWC cases specifically the enforcement of BPO. The impacts within the community of Barangay West Rembo and the barangay institution itself on the implementation of the Barangay Protection Order are also indicated under this framework, considering the efficiency of the barangay on the Barangay Protection Order enforcement on violence against women victims.

Figure 1. IPO - Input-Process-Output Model on the Implementation of Barangay Protection Order in Barangay West Rembo, Makati City.

INPUT

PROCESS
- Interview in Barangay West Rembo where the key players have the data concerned with the subject of the research. - Interview on the residents of Barangay West Rembo who have a current or had a sexual relationship before. - Interview in PNP station situated in Barangay West Rembo who are involved on the implementation of BPO. -Interview on BPO petitioners that make evaluation on the services and performance executed by the barangay.

OUTPUT
- The number of BPO issued in Barangay West Rembo - The roles of the barangay officials and PNP on BPO enforcement - The status and the number of the citizens those who are aware on the existence of BPO - Strengths and constraints that needs improvement of the implementation. - Efficient services delivered on BPO petitioners/ applicants

- The implementation of the Barangay Protection Order (Section 14) under the Anti - Violence against Women and their Children Act of 2004 otherwise known as the Republic Act 9262 in Barangay West Rembo.

CHAPTER III METHODOLOGY The study encompasses both qualitative approach and descriptive method as tools of gathering and scrutinizing each data. The research is competent enough to answer the concerns and problems of the study on utilizing these methods, and these approaches are applicable to conform on the objectives of the study such as defining and further explaining the situation of the problem along with the studys conclusion, so that future readers could easily grasp the context and perspective of the research. The researchers have conducted interviews in eight barangays in Makati on the implementation of Barangay Protection Order under Section 14 of the Anti - Violence Against Women and their Children Act of 2004 (R. A. 9262) in order to distinguish which barangay ensembles and convey an adequate resource to conduct a study. The researchers achieved interviews on four barangays in District I and four barangays in District II the City of in Makati specifically, Barangay Rizal, West Rembo, Pembo, Comembo, Palanan, Pio Del Pilar, San Lorenzo, and San Antonio. Afterwards, the researchers obtain the barangay that implies

adequate resources to formulate an investigation or research. Thus, after carrying out these interviews, the researchers have preferred the condition of Barangay West Rembo on the character of its implementation on BPO. The researchers conducted an interview at Barangay West Rembo, Makati City to gather more information needed for the study. To extract data, the target informants of the interview were the Barangay Captain, the Barangay Secretary, and the Bantay - Bayan, the BPO petitioners, Police Officials, and the concerned citizens of Barangay West Rembo. And to further have

strong results on the analysis parts of the study, the researchers have identified the deterrent factors affecting the implementation and provided an overall assessment as part of the conclusion. The researchers have gathered related literatures, studies, books, primers, briefer and research related documents in order to sustain the idea they have constructed in this study. These data also aided the researchers to gain more information on the provisions about BPO. The researchers also have attended a seminar organized by the barangay in cooperation with a nongovernment organization which gave the researchers more understanding to propose further comprehensive outline on the study. In line with this, the researchers applied tools of analysis through the evaluation and reviews of the subject matter, namely: 1. Bench Marking This particular tool of analysis of Dr. Robert C. Camp measures the quality of an organization's policies, products, programs, strategies, etc., and their comparison with standard measurements, or similar measurements of its peers. The objectives of benchmarking are to determine what and where the improvements are called for, to analyze how other organizations achieve their high performance levels, and to teach the researchers this information to improve performance. This kind of analysis ensembles the study for the reason that its principles were applied by the researchers on the process of seeking information on selecting a reliable institution to conduct an investigative research in accordance to the implementation of Barangay Protection Order.

2. Situational Analysis This certain tool is a systematic collection and evaluation of past and present economic, political, and social data aimed on the identification of internal and external forces that may influence the organization of Barangay West Rembo on their performance on Barangay Protection Order implementation through their choice of strategies; this mode of analysis allows the researchers an evaluation of the organizations current and the future strengths, weaknesses and opportunities. Having this particular method brought the researchers to formulate ideas and reliable reflections and conclusions through acquiring knowledge on the previous and current status of the subject matter.

3. Stakeholders Analysis This tool is a managerial step taken to identify each stakeholder's level of interest or involvement in a given project and how that involvement can influence the project. Based on this analysis, project managers may alter how a project will be executed or decide the necessary steps that must be taken in order to limit a stakeholder's influence over the project. For the purpose of having an analysis, it is crucial for the researchers to be familiar with the key players of the subject.

4. SWOT Analysis This technique of coming up into a reasonable point of view by Albert S. Humphrey an American business and management consultant, permitted the researchers to assess the barangay institution of West Rembo on Barangay Protection Order implementation and the entities

involved by considering the internal factors in particular their Strengths, Weaknesses, and the external factors which may provide Opportunities or Threats. The researchers preferred to use this method since the formulated statements and ideas under this analysis have provided a realistic conclusion and have specified later steps in planning the enhancement of Barangay Protection Order implementation.

Unit of Analysis

The Barangay Protection Order under Section 14 of the Anti - Violence Against Women and their Children Act is a kind of a Protection Order which is issued by the Punong Barangay ordering the perpetrator to desist from committing acts under Section 5 (a) Causing physical harm to the woman or her child; and (b) Threatening to cause the woman or her child physical harm; of AVAWCA otherwise known as the Republic Act 9262. In year 2004, AVAWCA or Republic Act 9262 was passed by the Philippine Congress, intended to describe the different violence committed on women and enforce corresponding penalties on perpetrators and to provide reliefs such as protection orders on victims. On the provisions of the Barangay protection order, the law mandates that upon the request of a VAWC victim for Barangay Protection Order, the barangay officials shall ensure the enforcement of BPO issued by the Punong Barangay, which must be in writing, signed and verified under an oath by the applicant. A Punong Barangay who receives application for BPO shall issue the protection order to the

applicant on the date of filing after ex parte determination of the basis of application which shall be effective for fifteen (15) days. Immediately after the issuance of BPO, the Punong Barangay or a Barangay Kagawad shall personally serve a copy of the same on the respondent/perpetrator, or direct any barangay official in charge.

The following are the units of analysis of the study:

Barangay West Rembo, Makati City one of the barangays of Makati City situated in the second district. The name Rembo was derived from the name Riverside Enlisted Mens Barrio, one of the barrios that were established in the late 1940s and 1950s when soldiers from different parts of the Philippines arrived at Fort McKinley (now Fort Bonifacio) and were directed to occupy the nearby areas. The number of population is 28,406 and it is currently under the supervision of the incumbent Barangay Chairman, Captain Judith Baquiran - Celos.

Number of VAWC cases and recorded/documented issuances of Barangay Protection Order from June 01, 2013 to May 31, 2013 from the data or figures disclosed from Barangay West Rembo Officer in Charge on handling VAWC cases.

Disposition and interests of Barangay West Rembos Police Station on the implementation of the Barangay Protection Order.

Barangay West Rembos Citizens Awareness on the Anti - Violence against Women and their Children Act and on the Barangay Protection Order

Assessment of Barangay Protection Order petitioners in Barangay West Rembo on the performance and other services provided by the barangay during the application and monitoring on the enforcement of Barangay Protection Order.

CHAPTER IV POLICY ANALYSIS This chapter seeks to explain how Barangay West Rembo of Makati City implements the Barangay Protection Order as one of the reliefs provided under the Anti - Violence Against Women and their Children Act of 2004 under Section 14. It is crucial to use these tools of analysis to enumerate the distinctions of Barangay Protection Order promotion steered by the two barangays and if these ways of promotion affect the implementation of Barangay Protection Order. In analyzing the implementation of Barangay Protection Order in Barangay West Rembo, Makati City, the following approaches of policy analysis are utilized.

A. Bench Marking The researchers define bench marking as a strategy that seeks good practices. As part of the researchers study on Barangay Protection Order (BPO) under the Anti - Violence Against Women and Children Act of 2004 or R. A. 9262, the researchers were required to conduct an interview on several barangays which enforce and implement the so-called relief of the law but then only one barangay institution was selected to center the research of the policy which was Barangay West Rembo of Makati City. As to the interviews conducted, Barangay West Rembo had shown the exact characteristics to the researchers objectives, by which they do not just implement the provisions and the rules and regulation on BPO yet the barangay features suitable approaches offering

strong points on the implementation of Barangay Protection Order. The barangay held seminars regarding the Anti - Violence against Women and Children Act; they also have house to house visits on complainants and to those women who have filed petition for BPO at the barangay womens desk in order for the barangay to provide the appropriate services on mitigating the casualties encountered by VAWC victims. Moreover, the barangay officials have showed awareness on their duties and roles on VAWC, and keeps data or records involving VAWC reported cases and BPO documents by having wise documentation system, making them

efficient on monitoring each case and providing records on different institutions that handle VAWC incidents. Therefore, these good practices executed by the officials and the institution of Barangay West Rembo implies an organize implementation on handling and governing cases on Violence Against Women and their Children. Utilizing bench marking as a tactic on this policy paper implicates that it is significant to study a certain thing that is in the side of positive views on implementing the said law, since the good practices featured by Barangay West Rembo could persuade or influence the implementation of the Barangay Protection Order (BPO) of their neighboring barangays in Makati.

Figure 2. Bench Marking - Illustration on the good practices of Barangay West Rembo on the implementation of the Barangay Protection Order.

Wise Documentation System on VAWC and BPO records

Knowledgeable on the law (RA 9262-BPO provision)

Barangay
Collaboration of Barangay Officials on the enforcement of BPO

West Rembo
Provides adequate services on VAWC & BPO cases

Initiative of the Barangay Officials to conduct seminars and forums for women empowerment

B. Situational Analysis

An evaluation of the past and present political and social data were utilized on this study, aimed on identifying the internal and external forces that may influence the organizations performance and choice of strategies and furthermore to determine the barangay institutions current and future strengths, weaknesses and opportunities, the specified element of analysis scrutinized previous data, records and forms of Violence Against Women related cases mainly the number of issuance of Barangay Protection Order constituted on a distinct year interval as to the case of Barangay West Rembo. The authors of the study determined the interval period of BPO issuance and cross examined if the number of BPO issued is material to determine the efficiency of barangay officials of West Rembo who are responsible on VAWC cases. The figure below shows the data gathered on Barangay Protection Orders issued in Barangay West Rembo from January 2012 May 2013. The researchers have acknowledged through interviews that the incumbent officials (Barangay Captain, Barangay Womens Desk Officer, Bantay Bayan) as well as the PNP officers who coordinates in Barangay West Rembo on the implementation of VAWC and BPO cases conforms and acknowledge their duties and responsibilities stated under the law (R. A. 9262). Moreover, the barangay officials themselves through seminars and conferences enhanced these means, they intend to educate their officials as well the citizens in order for them to work collectively on combating violence against women in Barangay West Rembo.

Figure 3. Situational Analysis on the BPO issuances data on VAWC victims in Barangay West Rembo, Makati City from June 01, 2012 to May 31, 2013
15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 0 JUNE JULY AUG SEPT OCT NOV DEC JAN FEB MAR APRIL MAY VAWC cases BPO issued

BPO issuances on VAWC victims in Barangay West Rembo from June 01 2012 - May 31 2013

The data showed the number of reported VAWC cases and BPO issuances records, the issue that captured on the researchers mind was the intriguing questions that can we say that the barangay officials are efficient through a large number of BPO issued or are the baranga y officials considered efficient through a lesser number of BPO issued. By gathering the facts, the response to these questions was unanswerable and the above data is not material to determine the efficiency of barangay officials because the subject is situated and it is dependent on the side of the victim. The researchers acquired knowledge that some victims prefer to have settlement and conciliation to their husbands or partners instead of filing for a Barangay Protection Order, this is for them to safeguard the stability of their family and their children and to endure the monetary

and other supports that can only be provided by their husbands. Therefore, the core or the nature of BPO is ineffective or inoperative since BPOs are merely issued through an ex parte or a separate method wherein the husband or the perpetrator must not appear during its application and having these elements implied by the victims make the Barangay Protection Order defective. Survey on the citizens of Barangay West Rembo on the awareness of the AVAWCA of 2004 (R. A. 9262) and the Barangay Protection Order. In line with the seminars and public meetings executed by the barangay officials, the researchers have investigated on the citizens on their awareness of AVAWCA and BPO to prove the situation. The researchers have inquired two questions on 100 citizens of Barangay West Rembo randomly, the target units of the survey were males and females that have a current or had a sexual relationship before. The researchers inquired randomly if they were aware on the existence of the Anti - Violence against Women and their Children Act of 2004 and most importantly, if they were informed on the reliefs it provides particularly the provisions of the Barangay Protection Order. The result of the survey pointed out that most of the citizens of Barangay West Rembo recognize the AVAWCA Law. Therefore, the residents are aware that violence against women is punishable by law, and so this result from the one hundred (100) respondents of the survey in Barangay West Rembo is sufficient to conclude the statement of the result. But most of the respondents of the survey were not aware on the provisions of the Barangay Protection Order wherein the researchers presumed that if a VAWC victim complained in the barangay, she carries no initiative to file petition for BPO issuance unless she is suggested to do so by the barangay officials through counseling. Moreover, the researchers found out that the citizens lacks knowledge on Barangay Protection Order.

C. Stakeholders Analysis Stakeholders analysis is one of the preferred form of examination of the researchers, enabling the study to identify each key actors involved in Barangay West Rembo on their level of interests and their respective assignments and duties, and how their involvements affects the implementation of the provisions of the Barangay Protection Order under R. A. 9262 also recognized as the Anti - Violence Against Women and their Children Act of 2004. It is crucial for the researchers to be familiar with the key players on the subjects of the study and the use of the this analysis supported the study to specified each key actors and other entities responsible and help out enumerated their respective motivation, beliefs, resources and authority to further analyze the procedures and practices on enforcing the policies as to Barangay Protection Order implementation. The table below shows the different key players involved on the implementation of Barangay Protection Order collectively consisted with their corresponding duties and roles and the services they provide to support the enforcement of the law.

Table 1. Stakeholders Analysis on the implementation of the Barangay Protection Order under the Anti-Violence against Women and their Children Act of 2004 (R. A. 9262) in Barangay West Rembo, Makati City.

Key Players Barangay Womens Desk Officer

Motivation/Belief/Interest * Implements, enforces and execute R. A. 9262 in the barangay setting * Ensure the security of the victims. Responds immediately to a request for assistance or protection of the victim by entering the residence if necessary notwithstanding the absence of an issuance of protection order; * Ensures the implementation of the Barangay Protection Order issued by the Punong Barangay *Promotes the empowerment of the women and their children in the society *Provides a copy of issued BPO records to PNP Women and Children Protection Center *Executes the arrestment of the offender even the nonappearance of a warrant through the aid of the Barangay Bantay Bayan *Accompanies the victim in the residence for the removal of her personal belongings and provides food and transportation for further assistance

Resources/Power *R. A. 9262 *Authority to conduct public seminars relating to AVAWCA and to address information about Barangay Protection Order as a relief of Violence Against Women and their Children

Probable Effectiveness

Barangay Captain

*Conforms his/her powers and duties indicated under R. A. 9262 *Participates with the womens desk officer on the implementation, enforcement of R. A. 9262 in the barangay setting *Issues Barangay Protection Order on VAWC victims who intends the request for safety and protection *Attends and supports public seminars and promotes women empowerment in the society

*Local Government Code *R. A. 9262 *Authority to issue Barangay Protection Order

Bantay Bayan

PNP

*Participates on receiving and reporting complaints on violence against women with the Barangay Womens Desk Officer *Escorts the Barangay Womens Desk Officer for the delivery of the BPO to the residence of the respondent/perpetrator *Confiscates firearms or any deadly possessed by the perpetrator *Assist VAWC victims in removing her personal belongings from the residence *Provides Police Personnels designated in the Barangay Hall Office *Receives and keep records and copies of BPO files and VAWC documents *Assists the victim and the Barangay Officials if necessary for security purposes *Confiscates firearms or any deadly possessed by the perpetrator *Arrests the perpetrator if a violation on BPO has been committed or a refusal of acceptance of a BPO

*National Policies *R. A. 9262 *Capacity and expertise to provide services to the needs of the community

*National Policies *R. A. 9262 *Skills and expertise on investigative or factfinding procedures

NonGovernment Organizations

Citizens

*Provides services to the victims such as counseling and further assistance such as food and transportation to lessen the trauma. *Conducts and supports the Barangay Institution on Women Empowerment Campaigns/Programs in the community *Reports incidents to the Barangay/PNP Station *Participates on Women Empowerment Programs/Seminars provided by the Barangay *Intends peace and order in their neighborhood or area and considers the welfare of their fellow citizen especially women and their children *Subjected entities empowered and protected by the law, especially, the women and their children

*National Policies *R. A. 9262 * Capacity and expertise to provide services to the needs of the community

*Citizens Concern and Responsibility

Using the concept of the stakeholders analysis, the researchers have familiarized the participation of each barangay officials of Barangay West Rembo and the external actors on the implementation of the Barangay Protection Order. The researchers have identified through interviews that Barangay West Rembo conforms to the provisions of Barangay Protection Order and adopts the procedures and their liabilities stated under the law (R. A. 9262), and therefore it has been distinguished that they specifies the task given on every officials accountable as to the information given stated on table 1. The womens desk officer in charge together with the Barangay Captain perform their duties on the implementation of the law and ensures the enforcement of BPO, furthermore the barangay captain issues BPO on VAWC victims who intends safety and protection.

As for the womens desk officer, the officer in charge conducts Women Empowerment Projects and informative ways of promoting BPO and VAWC awareness in the community supported by the Barangay Captain as well as the whole organization of the barangay and nongovernment organizations that also advocates the campaign of women empowerment in the community of Barangay West Rembo. The participation of the Bantay Bayan on receiving and reporting complaints on violence against women were acknowledge on this analysis, they are the first individuals who receives complaints of VAWC, the bantay bayan escorts womens desk officer for the delivery of the BPO to the residence of the respondent/perpetrator as well as providing the transportation of VAWC victims on a habitation of their choice, it is also their responsibility to notify the womens desk officer on received complaints and requests of a VAWC victim. Moreover, they participate with the womens desk officer on providing advises at counseling to the victims on the recourses and protective measures that they could claim under the law, for instance an application for a BPO against their perpetrator. The Philippine National Police have also its participation on the Local Government Units like Barangay West Rembo. As to the data gathered, the PNP is mandated by an order to provide police personnel on the premises of the barangay hall; this is to have an immediate response on each VAWC cases received, and to minimize the time of transferring records of VAWC and BPO documents on the hands of the police. The analysis also cited the cooperation of the residents of Barangay West Rembo, being the nearest person or neighboring individual to the residence of a VAWC victim, they have the responsibility and concerned to report cases involving VAWC for purposes of an immediate action from the barangay. Generally, the key actors involved on the implementation of Barangay Protection Order under R. A. 9262 in Barangay West Rembo were able to perform their

liabilities and duties and allowed themselves to provided necessary assistance and services to VAWC victims in accordance to what is stated under the law (R. A. 9262). Hence, these specified actors supplemented with their diverse form of interests stated on a stakeholders analysis have allotted a clearer view and provided supporting details for the conclusion of the stated problem of the study that is to measure the efficiency of the barangay officials of Barangay West Rembo on the implementation of the Barangay Protection Order.

D. SWOT Analysis

The inclusion of this particular analysis supported the researchers on constructing a rational assessment and analytical interpretations in order to provide a practical recommendation and later steps in the barangay institution of Barangay West Rembo as to the implementation of Barangay Protection Order within their community. Moreover, the researchers measured and enumerated the various strengths, weaknesses found within the barangay institution, and the external factors of the barangay which may provide opportunities or threats on the implementation to acquire an accurate conclusion to the study. The table below shows an analysis on the strengths, weaknesses, opportunities, and threats on the implementation of Barangay Protection Order in Barangay West Rembo.

Table 2. S.W.O.T. Analysis on the implementation of the Barangay Protection Order under the Anti-Violence against Women and their Children Act of 2004 (R. A. 9262) in Barangay West Rembo, Makati City. STRENGTHS - The Empowerment of Women and their children through this law (RA 9262) - Whenever there is an abuse against women and their children there is centralization for complaints WEAKNESSES - Insufficient budget especially on the services rendered on VAWC victims before issuing a BPO - Some VAWC victims does intend to petition for BPO instead they prefer settlement and conciliation to their husbands

- When there is a violence committed on women, victims is permitted to approach law - The ignorance of the barangay officials on the enforcers such as the barangay officials law and on the roles specified to them would seeking an immediate action for their concern result to a poor and misleading implementation of BPO in the barangay - Through the law crimes will be reduced within the barangay - Lack of knowledge and unawareness of the citizens in the barangay on the provisions of - The barangay officials has the power and BPO specified under R. A. 9262 authority to enforce the law within the premises of the barangay for BPO petitioners OPPORTUNITIES - Assistance from NGOs involving Women Welfare And Empowerment - Forums and Seminars of the barangay supported by the City Government on Women Society Empowerment Campaigns -Initiative and concern of the citizens on reporting VAWC cases in the barangay -Former VAWC victims initiative on informing recent VAWC victims on their rights and the actions that they could undertake throughout their experience in the past THREATS - Further harm may be committed if the barangay officials neglect on monitoring and ensuring the protection of women against VAWC (Violence Against Women and their Children) - The violation of BPO by the perpetrator/respondent - The absence of security personnels on issuing a BPO copy to the residence of the perpetrator/respondent is too risky for an unsecured barangay official

E. Analysis on the Gaps and Deterrent Factors

Table 3. Gaps and Deterrent Factors on the implementation of the Barangay Protection Order In Barangay West Rembo, Makati City. GAPS AND DETERRENT FACTORS Irregular office of the assigned personnel or none 24 hours management on the Barangay Womens Desk. The surge on other barangay undertaking of the Barangay Secretary who represents as the Womens Desk Officer.

According to the barangay, one of the constraints that the barangay faces on handling VAWC and BPO cases is the irregular office of their assigned personnel or none 24 hours management on the Barangay Womens Desk which is tantamount to an inoperative Barangay Womens Desk resulting difficulties on providing efficient services on VAWC victims.

The Barangay Secretary who represents as the Womens Desk Officer due to the irregular presence of officer in charge on the Barangay Womens Desk has other duties and responsibilities to accomplish other projects and programs provided by the barangay which is risky due to the surge of work that the Barangay Secretary executes.

F. Assessment on the Efficiency of Barangay West Rembo on the Implementation of Barangay Protection Order.

1. City.

Evaluation of BPO petitioners on VAWC victims in Barangay West Rembo, Makati

The researchers interviewed two random (2) BPO petitioners in Barangay West Rembo in order to support the analysis if Barangay West Rembo provides efficient services on BPO cases. The two petitioners evaluation is stated below: BPO Petitioner 1 BPO Petitioner 1 is a victim of physical abuse executed by her husband, after a complaint the latter filed petition for BPO as suggested by the barangay womens desk officer in charge against the perpetrator, which have taken for 15 days and ended up on separating permanently. BPO Petitioner 1 stated her evaluation on the services and actions provided by the barangay where she finds the barangay to provide the proper and efficient services through psychological counseling, proper lecture and ensuring her safety during the enforcement of the BPO. Overall she stated that she was satisfied on the barangays performance. BPO Petitioner 2 BPO Petitioner 1 is a victim of physical abuse executed by her live-in partner, after a complaint and medical assistance, the victim filed petition for BPO as suggested during a counseling conducted by the barangay. Unfortunately the BPO took effect for only 3 days, since the victim have already reconciled and settled with her partner. As to the petitioner, she evaluates

that during the enforcement of BPO, the barangay have provided and monitored her situation 24 hours as possible, according to her the barangay havent failed to assist her and provide efficient services, thus she assessed the barangay to have performed adequately and efficiently.

2.

Assessment of the Researchers on the system, gaps and deterrent factors of

Barangay West Rembo based on interviews on key informants. The policy analysis and the tools utilize in the study have formulated the ideas and strong conclusion on the research. In line with the use of Bench Marking the researchers have observed the good practices and positive implications on the barangay performance in terms on the implementation of the barangay protection order, on the situational analysis the researchers have attained that the number of BPO is immaterial to measure the efficiency of Barangay West Rembo since some victims does not prefer the enforcement of BPO, or sometimes they reconcile with their husband days after the enforcement of BPO which supposed to take effect within 15 days. The SWOT analysis, stakeholders analysis and the assessment of two random Barangay Protection Order petitioners have been the most significant tools on measuring the capacity of the barangay to provide efficient services on VAWC victims that have identified convincing results. Therefore the researchers have observed and evaluate through interviews and the utilization of the analysis that Barangay West Rembo conforms to the law (R. A. 9262) and the provisions of BPO (Section 14) and have provided efficient services on BPO petitioners, and so the statements disclosed by the barangay officials saying that they provide efficient services on

the implementation of BPO were supported and attested through the evaluation and reaction given by the random BPO petitioners. The different analysis have also implied that the barangay is well organized through having a wise documentation system on keeping BPO records and have cited the presence of awareness of each key actors involved on their duties, roles and disposition on the implementation. Furthermore as to the deterrent factor of Barangay West Rembo on BPO implementation on having no regular officer in charge in the barangay womens desk office, the barangay must see to it the significance to provide a regular officer to duty on handling unexpected VAWC complaints and those victim who intends protection likewise BPO enforcement, although the current barangay secretary of Barangay West Rembo represents as the Womens Desk Officer on handling VAWC and Barangay Protection Order cases she may have other responsible and duties to conform within the barangay resulting to surge of work making inefficient and hinders productivity on the implementation of Violence Against Women and their Children and BPO cases, thus the barangay must provide remedy on the situation and must specified a personnel or personnels to handle such cases. Moreover, in line with the formulated results of these analyses, the researchers have permitted to provide strong points and give the appropriate alternatives on the current deterrent factors or disadvantages on the implementation of the Barangay Protection Order in Barangay West Rembo.

CHAPTER V POLICY RECOMMENDATIONS This study have utilized different modes of analysis on the implementation of the

Barangay Protection Order under the Republic Act 9262 otherwise known as the Anti - Violence Against Women and their Children Act of 2004 in order to show the advantages and deterrent factors on its implementation in Barangay West Rembo, Makati city. To provide factual information the researchers of the study gathered data through interviewing key informants and by distributing survey questionnaires on the citizens of the barangay where it have identified the process of implementation and the rationale of the Barangay Protection Order on handling VAWC cases. The study also specified the different entities involved within Barangay West Rembo and their roles through the use of the Stakeholders analysis and enumerated positive outcomes and constraints that will emerge in the long run of the implementation through the use of SWOT analysis to be able to insinuate possible and suitable recommendations on the further enhancement of Barangay Protection Order implementation in Barangay West Rembo. Therefore, it is essential that the smallest political unit of the country which is the barangay should implement as to what is stated under the law and provide rightful services to the public especially women society. Furthermore, this study recommends the following through a proposed plan of action below:

Plan of Action

Activities

Description

Objectives

Target Time and Date During the National Womens Day March 8 annually

Key Players

1.Annual Area information dissemination

2. OPLAN Houses to House Program

3.Women Empowerment Seminars

The barangay must provide an annual information distribution to every zone, district and other desolated areas. This will help them to being rottenly reminded that the barangay provided the victims/petitioners assistance and aids that will support them to overcome their sufferings. This program enables the official to visit see if the women in the barangay adopt what they have learned from the barangay. Seminars that utilize familiar and convenient words will help the citizens of the barangay to easily understand the provisions of the provided to them especially women. This can be an aid especially to those who have low

To keep the citizens updated in the progress of the law. To preserve their awareness and knowledge on the law.

Barangay Officials (Barangay Womens Desk Officer); Citizens of Barangay West Rembo

To check if the Every 6 women is wellmonths known to the law. To know how they comprehend what the barangay officials tell them to do. To understand easily the meaning of the provisions of the law. To make the citizen be well educated. Twice a month

Barangay Officials (Barangay Womens Desk Officer); Citizens of Barangay West Rembo Barangay officials (Barangay Womens Desk Officer); Citizens of Barangay West Rembo

comprehension.

4.Womens desk on their barangay

5.Task force AVAWCA

This enables the barangay to have their own womens desk to specifically give aids to victims/petitioner since the barangay must provide it. This program facilitates the barangay of having a special group of people that will be designated on the task of assisting the victims/petitioner. This may consist of martial aids/people who will keep the perpetrator away from victims/petitioner and their children; medical assistance, for trauma and other things alike.

To make the barangay institution be independent to give assistance to victims without other help from NGOs

Barangay officials; Citizens of Barangay West Rembo

To make an immediate action in case of severe injury has been made

Barangay Captain; Barangay Kagawad; Bantay Bayan and other Barangay officials of Barangay West Rembo