1.

(R.A. 10364) Expanded Anti-trafficking in Persons Act of 2012

What is Trafficking in Persons?

refers to the recruitment, obtaining, hiring, providing, offering, transportation, transfer, maintaining, harboring,
or receipt of persons with or without the victims consent or knowledge, within or across national borders Commented [vjd1]: R-O-H-P-O-T-T-M-H-R

by means of threat, or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or
of position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or Commented [vjd2]: C-A-F-D-A
benefits to achieve the consent of a person having control over another person

for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others or
other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs. Commented [vjd3]: E-O-F-S-S-R

The recruitment, transportation, transfer, harboring, adoption or receipt of a child for the purpose of Commented [vjd4]: R-T-T-H-A-R
exploitation or when the adoption is induced by any form of consideration for exploitative purposes shall also be
considered as trafficking in persons even if it does not involve any of the means set forth in the preceding
paragraph

Acts of Trafficking in Persons

(a) To recruit, obtain, hire, provide, offer, transport, transfer, maintain, harbor, or receive a person by any
means, including those done under the pretext of domestic or overseas employment or training or
apprenticeship, for the purpose of prostitution, pornography, or sexual exploitation;

(b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as
provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the
purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;

(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or
trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary
servitude or debt bondage;

(d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose
of utilizing and offering persons for prostitution, pornography or sexual exploitation;

(e) To maintain or hire a person to engage in prostitution or pornography;

(f) To adopt persons by any form of consideration for exploitative purposes or to facilitate the same for purposes
of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

(g) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;

(h) To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain, provide, offer, receive or abduct a
person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of
removal or sale of organs of said person;
 (i) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide, receive or adopt a child to engage
in armed activities in the Philippines or abroad;

(j) To recruit, transport, transfer, harbor, obtain, maintain, offer, hire, provide or receive a person by means
defined in Section 3 of this Act for purposes of forced labor, slavery, debt bondage and involuntary servitude,
including a scheme, plan, or pattern intended to cause the person either:

(1) To believe that if the person did not perform such labor or services, he or she or another person would
suffer serious harm or physical restraint; or

(2) To abuse or threaten the use of law or the legal processes

(k) To recruit, transport, harbor, obtain, transfer, maintain, hire, offer, provide, adopt or receive a child for
purposes of exploitation or trading them, including but not limited to, the act of baring and/or selling a child for
any consideration or for barter for purposes of exploitation

Trafficking for purposes of exploitation of children shall include: Commented [vjd5]: Slavery of all forms

(1) All forms of slavery or practices similar to slavery, involuntary servitude, debt bondage and forced
labor, including recruitment of children for use in armed conflict;

(2) The use, procuring or offering of a child for prostitution, for the production of pornography, or for
pornographic performances

(3) The use, procuring or offering of a child for the production and trafficking of drugs; and

(4) The use, procuring or offering of a child for illegal activities or work which, by its nature or the
circumstances in which it is carried out, is likely to harm their health, safety or morals

Attempted Trafficking in Persons

Where there are acts to initiate the commission of a trafficking offense but the offender failed to or did not
execute all the elements of the crime, by accident or by reason of some cause other than voluntary desistance,
such overt acts shall be deemed as an attempt to commit an act of trafficking in persons

In cases where the victim is a child, any of the following acts shall also be deemed as attempted trafficking in
persons:

(a) Facilitating the travel of a child who travels alone to a foreign country or territory without valid
reason therefor and without the required clearance or permit from the Department of Social Welfare
and Development, or a written permit or justification from the childs parent or legal guardian

b) Executing, for a consideration, an affidavit of consent or a written consent for adoption;

(c) Recruiting a woman to bear a child for the purpose of selling the child;

(d) Simulating a birth for the purpose of selling the child

(e) Soliciting a child and acquiring the custody thereof through any means from among hospitals, clinics,
nurseries, daycare centers, refugee or evacuation centers, and low-income families, for the purpose of
selling the child
Prosecution of Cases

Any person who has personal knowledge of the commission of any offense under this Act, such as the trafficked
person, the parents, spouse, siblings, children or legal guardian may file a complaint for trafficking

Affidavit of Desistance

Cases involving trafficking in persons should not be dismissed based on the affidavit of desistance executed by
the victims or their parents or legal guardians. Public and private prosecutors are directed to oppose and
manifest objections to motions for dismissal.

Temporary Custody of Trafficked Victims

The rescue of victims should be done as much as possible with the assistance of the DSWD or an accredited NGO
that services trafficked victims. A law enforcement officer, on a reasonable suspicion that a person is a victim of
any offense defined under this Act including attempted trafficking, shall immediately place that person in the
temporary custody of the local social welfare and development office, or any accredited or licensed shelter
institution devoted to protecting trafficked persons after the rescue.

Irrelevance of Past Sexual Behavior of Victims

The past sexual behavior or the sexual predisposition of a trafficked person shall be considered inadmissible in
evidence for the purpose of proving consent of the victim to engage in sexual behavior, or to prove the
predisposition, sexual or otherwise, of a trafficked person

Immunity from Suit, Prohibited Acts and Injunctive Remedies

No action or suit shall be brought, instituted or maintained in any court or tribunal or before any other authority
against any: (a) law enforcement officer; (b) social worker; or (c) person acting in compliance with a lawful order
from any of the above, for lawful acts done or statements made during an authorized rescue operation,
recovery or rehabilitation/intervention, or an investigation or prosecution of an anti-trafficking case: Provided,
That such acts shall have been made in good faith.

Extra-Territorial Jurisdiction

The State shall exercise jurisdiction over any act defined and penalized under this Act, even if committed outside
the Philippines and whether or not such act or acts constitute an offense at the place of commission, the crime
being a continuing offense, having been commenced in the Philippines and other elements having been
committed in another country, if the suspect or accused:

(a) Is a Filipino citizen; or

(b) Is a permanent resident of the Philippines; or

(c) Has committed the act against a citizen of the Philippines.

Penalties

Minimum of 6 years to 40 years and a fine of 50 thousand pesos to 1 million pesos.

 2.

RA 9710 Contextualizing the Magna Carta of Women

A History of Victimization

Women and children are considered not as persons but as properties under the law of the Caesars and of most of the
ancient world.

In Ancient Sparta, girl-children are thrown in the cliff to die because they are less useful than boys who can be
trained to defend the city-state.

In ancient China, the feet of girl-children are bound to keep them small so they are more attractive as wives and
mistresses.

In primeval England, a husband can beat his wife as long as he uses a rod which is no larger than his thumb.

In ancient India, a woman is burned with her husband in the funereal pyre.

In some parts of Africa, sex for women is considered dirty and immoral and to control their urges, genital
mutilation is practiced.

In Japan, women must not walk with men but has to stay a few feet behind.

Human Rights and Women

John Locke was the first to coin the term human rights but he explained that it only belonged to men and not
to women.

For centuries complaints for violation of the rights of women were summarily dismissed by courts because there
is no law recognizing the rights of women.

The first case of woman battery decided in favour of a woman in the US was based on the law against cruelty to
animals.

International Recognition of Womens Rights

In 1948, the Universal Declaration of Human Rights recognized that women have civil, political, economic, social,
and cultural rights.

In 1976, States signed the legally binding International Covenant on Civil and Political Rights, which obliged them
to respect, protect and fulfil womens civil and political rights.

Some of the rights of women under the ICCPR are the right to life, freedom from torture and other cruel or
inhuman punishment, the right to liberty and security of persons.

Under the ICCPR, women have also the right to recognition as a person before the law, the right to freedom of
thought, conscience and religion, to marry and found a family, the right to a name and a nationality.

Under the ICCPR, the political rights of women were recognized, i.e., to take part in the conduct of public affairs,
directly or through freely chosen representatives, to be elected and to have access to public service in her
country.
 In 1976, the International Covenant on Economic, Social and Cultural Rights entered into force which obliged
State signatories to respect, protect and fulfil womens economic, social and cultural rights.

The ICESCR recognized womens right to work, to a just and favourable conditions of work, to form and join
trade unions, to social security including social insurance, to an adequate standard of living for herself and her
family.

The ICESCR also recognized the right of women to education, to take part in the cultural life of the community
and to enjoy the benefits of scientific progress.

In 1979, the Convention on the Elimination of All Forms of Discrimination Against Women entered into force,
requiring State signatories to condemn all forms of discrimination against women, to embody the equality of
men and women in their national constitutions or other appropriate legislations and to ensure the practical
application of this principle.

Under the CEDAW, the term discrimination against women shall mean any distinction, exclusion or restriction
made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or
exercise by women, irrespective of their marital status, on a basis of equality of men and women of human
rights and fundamental freedoms in the political, social, economic, cultural, civil, or any other field.

The CEDAW also required all State signatories to take all appropriate measures, including legislation, to modify
or abolish existing laws, regulations, customs and practices which constitute discrimination against women.

The Beijing Declaration (1995) erased all distinctions between the rights pertaining to men and women and
affirmed that Womens Rights are Human Rights.

The International Convention on the Rights of All Migrant Workers and Their Families made no distinction
between male or female migrant workers.

The Philippine Constitution recognized the vital role of women in nation building and ensures the fundamental
equality of men and women before the law.

The Women in Development and Nation Building Act gave women equal rights in all contractual relationship
with men, practice of profession, entrance to military schools, memberships in clubs and organizations and
family decisions.

RA 8171 provided for the repatriation of Filipino women who have lost their citizenship by marriage to aliens.

RA 7882 provided for assistance to women engaged in micro and cottage business enterprises.

RA 8353 provided for the expansion of the definition of the crime of rape, reclassified the same as a crime
against persons.

RA 7655 provided for an increase in the minimum wage of house helpers.

RA 6955 declared unlawful the practice of matching Filipino women for marriage to foreign nationals on a mail
order basis and other similar practices.

RA 6972 established a Day Care Center in every barangay.

RA 7610 strengthened protection for Filipino children against child abuse.

 RA 9262 provides immediate protection to women or their children who are victims of violence and punished
the perpetrator.

Salient Features of the Magna Carta of Women

The Magna Carta of Women is a comprehensive womens human rights law that seeks to eliminate discrimination
against women by recognizing, protecting, fulfilling and promoting the rights of Filipino women, especially those in
the marginalized sectors.

discrimination compounded by or intersecting with other grounds, status, or condition, such as ethnicity, age,
poverty, or religion.

any gender-based distinction, exclusion, or restriction which has the effect or purpose of impairing or nullifying
the recognition, enjoyment, or exercise by women, irrespective of their marital status, on a basis of equality of
men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or
any other field

any act or omission, including by law, policy, administrative measure, or practice, that directly or indirectly
excludes or restricts women in the recognition and promotion of their rights and their access to and enjoyment
of opportunities, benefits, or privileges;

a measure or practice of general application that fails to provide for mechanisms to offset or address sex or
gender-based disadvantages or limitations of women, as a result of which women are denied or restricted in the
recognition and protection of their rights and in their access to and enjoyment of opportunities, benefits, or
privileges; or women, more than men are shown to have suffered the greater adverse effects of those measures
or practices

The Magna Carta of Women also spells out every womans right to:

Protection from all forms of violence, including those committed by the State.

This includes the incremental increase in the recruitment and training of women in government services that
cater to women victims of gender-related offenses.

It also ensures mandatory training on human rights and gender sensitivity to all government personnel involved
in the protection and defense of women against gender-based violence, and mandates local government units
to establish a Violence Against Women Desk in every barangay to address violence against women cases ;

The Magna Carta of Women also spells out every womans right to:

Protection and security in times of disaster, calamities and other crisis situations, especially in all phases of
relief, recovery, rehabilitation and construction efforts, including protection from sexual exploitation and other
sexual and gender-based violence.

Prohibition of expulsion and non-readmission of women faculty and students due to pregnancy outside marriage

No school shall turn out or refuse admission to a female student solely on the account of her having contracted
pregnancy outside of marriage during her term in school.

Development and promotion of a gender-sensitive curriculum and gender-fair instructional materials (IRR, RA
9710-DepEd, CHED, TESDA)
 Non-discriminatory and non-derogatory portrayal of women in media and film to raise the consciousness of the
general public in recognizing the dignity of women and the role and contribution of women in family,
community, and the society through the strategic use of mass media;

Comprehensive health services and health information and education covering all stages of a womans life cycle,
and which addresses the major causes of womens mortality and morbidity, including access to among others,
maternal care, responsible, ethical, legal, safe and effective methods of family planning, and encouraging
healthy lifestyle activities to prevent diseases

Leave benefits of two (2) months with full pay based on gross monthly compensation, for women employees
who undergo surgery caused by gynecological disorders, provided that they have rendered continuous
aggregate employment service of at least six (6) months for the last twelve (12) months;

Equal rights in all matters relating to marriage and family relations.

*The State shall ensure the same rights of women and men to: enter into and leave marriages, freely choose a
spouse, decide on the number and spacing of their children, enjoy personal rights including the choice of a
profession, own, acquire, and administer their property, and acquire, change, or retain their nationality. It also
states that the betrothal and marriage of a child shall have no legal effect.

marginalized sectors:

those who belong to the basic, disadvantaged, or vulnerable groups who are mostly living in poverty and have little
or no access to land and other resources, basic social and economic services such as health care, education, water
and sanitation, employment and livelihood opportunities, housing security, physical infrastructure and the justice
system

These include, but are not limited to women in the following sectors or groups: Small farmers and rural workers,
Fisherfolk, Urban poor, Workers in the formal economy, Workers in the informal economy, Migrant workers,
Indigenous Peoples, Moro, Children, Senior citizens, Persons with disabilities, and Solo parents.

Womens rights in the MARGINALIZED SECTORS

Skills training, scholarships, especially in research and development aimed towards women-friendly farm
technology;
Employment, livelihood, credit, capital and technology;
Localized, accessible, secure and affordable housing;
Food security and resources for food production, including equal rights in the titling of the land and issuance of
stewardship contracts and patents;
Representation and participation in policy-making or decision-making bodies in the regional, national, and
international levels;
Access to information regarding policies on women, including programs, projects and funding outlays that affect
them;
Social protection;
Recognition and preservation of cultural identity and integrity provided that these cultural systems and practices
are not discriminatory to women;
Inclusion in discussions on peace and development;
Services and interventions for women in especially difficult circumstances or WEDC;
Protection of girl-children against all forms of discrimination in education, health and nutrition, and skills
development; and
Protection of women senior citizens.
 How can Filipino women living abroad benefit from this law? designation of a gender focal point in the consular
section of Philippine embassies or consulates who shall be primarily responsible in handling gender concerns of
women migrant workers, especially those in distress.
*Other agencies (e.g. the Department of Labor and Employment and the Department of Social Welfare and
Development) are also mandated to cooperate in strengthening the Philippine foreign posts programs for the
delivery of services to women migrant workers, consistent with the one-country team approach in Foreign Service.

Who will be responsible for implementing the Magna Carta of Women?

The State, the private sector, society in general, and all individuals shall contribute to the recognition, respect
and promotion of the rights of women defined and guaranteed in the Magna Carta of Women.

all government offices, including local government units and government-owned and controlled corporations
shall be responsible to implement the provisions of the Magna Carta of Women t`hat fall within their mandate,
particularly those that guarantee rights of women that require specific action from the State.

Government responsibilities

The Magna Carta of Women mandates all government offices, including government-owned and controlled
corporations and local government units to adopt gender mainstreaming as a strategy for implementing the law
and attaining its objectives. It also mandates (a) planning, budgeting, monitoring and evaluation for gender and
development, (b) the creation and/or strengthening of gender and development focal points, and (c) the
generation and maintenance of gender statistics and sex-disaggregated databases to aid in planning,
programming and policy formulation.

Under this law, the National Commission on the Role of Filipino Women which will be renamed as the Philippine
Commission on Women (PCW) shall be the overall monitoring and oversight body to ensure the implementation
of the law. As an agency under the Office of the President of the Philippines, it will be the primary policy-making
and coordinating body for women and gender equality concerns and shall lead in ensuring that government
agencies are capacitated on the effective implementation of the Magna Carta of Women

Consistent with its mandate, the Commission on Human Rights shall act as the Gender and Development
Ombudsman to ensure the promotion and protection of womens human rights.

The Commission on Audit shall conduct an annual audit on the government offices use of their gender and
development budgets for the purpose of determining its judicious use and the efficiency, and effectiveness of
interventions in addressing gender issues.

Local government units are also encouraged to develop and pass a gender and development code to
address the issues and concerns of women in their respective localities based on consultation with their women
constituents.

3.

RA 7438 AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER

CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING AND
INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public Officers

(a) Any person arrested detained or under custodial investigation shall at all times be assisted by counsel.
 (a) Any person arrested detained or under custodial investigation shall at all times be assisted by counsel.

(b) Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or
investigates any person for the commission of an offense shall inform the latter, in a language known to and
understood by him, of his rights to remain silent and to have competent and independent counsel, preferably of
his own choice, who shall at all times be allowed to confer privately with the person arrested, detained or under
custodial investigation. If such person cannot afford the services of his own counsel, he must be provided with a
competent and independent counsel by the investigating officer

(c) The custodial investigation report shall be reduced to writing by the investigating officer, provided that
before such report is signed, or thumbmarked if the person arrested or detained does not know how to read
and write, it shall be read and adequately explained to him by his counsel or by the assisting counsel provided by
the investigating officer in the language or dialect known to such arrested or detained person, otherwise, such
investigation report shall be null and void and of no effect whatsoever

(d) Any extrajudicial confession made by a person arrested, detained or under custodial investigation shall be in
writing and signed by such person in the presence of his counsel or in the latter's absence, upon a valid waiver,
and in the presence of any of the parents, elder brothers and sisters, his spouse, the municipal mayor, the
municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him; otherwise, such
extrajudicial confession shall be inadmissible as evidence in any proceeding.

(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal Code, or
under custodial investigation, shall be in writing and signed by such person in the presence of his counsel;
otherwise the waiver shall be null and void and of no effect.

(f) Any person arrested or detained or under custodial investigation shall be allowed visits by or conferences
with any member of his immediate family, or any medical doctor or priest or religious minister chosen by him or
by any member of his immediate family or by his counsel, or by any national non-governmental organization
duly accredited by the Commission on Human Rights of by any international non-governmental organization
duly accredited by the Office of the President. The person's "immediate family" shall include his or her spouse,
fianc or fiance, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece,
and guardian or ward.

As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation" to a person who
is investigated in connection with an offense he is suspected to have committed, without prejudice to the
liability of the "inviting" officer for any violation of law

4.

RA 9262 ANTI VIOLENCE AGAINST WOMEN and THEIR CHILDREN ACT OF 2004

State Policies

The State values the dignity of women and children and guarantees full respect for human rights.

The State recognizes the need to protect the family and its members particularly women and children from
violence and threats to their personal safety and security

any ACT or series of ACTS committed by ANY PERSON against a WOMAN who is his

o Wife
 o former wife
o a woman with whom the PERSON HAS or HAD a SEXUAL or DATING relationship or
o with whom he has a common child, or
o against her child, legitimate or illegitimate, within or without the family abode

Results in or is likely to result in

o Physical
o Sexual
o Psychological harm or suffering
o Economic abuse

Includes Commented [vjd6]: B-A-T-C-H

o threats thereof
o Battery
o Assault
o Coercion
o harassment or arbitrary deprivation of liberty

BATTERY
o an act of infliction
o physical harm upon the woman or her child
o resulting to physical and psychological or emotional distress

BATTERED WOMAN SYNDROME (BWS)

o A SCIENTIFICALLY defined pattern
o psychological and behavioural symptoms
o resulted from CUMULATIVE abuse
o found in women living in battering relationships

STALKING
o an intentional act
o committed by a person
o knowingly and without lawful justification
o follows the woman or her child or places the woman or her child under surveillance
o directly or indirectly or a combination thereof

SEXUAL RELATION
o a single act
o may or may not result in the bearing of a common child

DATING RELATIONSHIP
o parties live as husband and wife without the benefit of marriage OR
o romantically involved over time and on a continuing basis during the course of the relationship
o casual acquaintance or ordinary socialization in a business or social context not included

CHILDREN
o below 18 years old or OLDER but are incapable of taking care of themselves (RA 7610)
o includes biological or adopted children of the victim and
o other children under her care including foster children, relatives or other children who LIVE with her

VIOLENCE CLASSIFIED
Physical violence
 o acts that include bodily or physical harm
o Medical Certificate or medico legal report needed

SEXUAL - refers to an act which is sexual in nature committed against the woman or her child includes:
o Rape
o Sexual harassment
o Acts of lasciviousness
o Treating a woman or her child as sexual objects
o Making demeaning or sexually suggestive remarks
o Physically attacking the sexual parts of the victims body
o Forcing the victim to watch obscene publications and indecent shows or forcing the woman or her child
to do indecent acts
o Forcing the wife and mistress/lover to live together in the conjugal home or sleep together in the same
room with the abuser

Sexual violence . . .
o acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force,
physical or other harm, threat of physical or other harm, coercion, and
o prostituting the woman or her child

PSCHOLOGICAL
o Acts or omission causing or likely to cause mental or emotional suffering to the victim such as
o intimidation
o harassment
o stalking
o damage to property
o public ridicule or humiliation
o repeated verbal abuse
o marital infidelity

Includes:
o causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the
family to which the victim belongs
o To witness pornography in any form
o To witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or
visitation of common children

ECONOMIC ABUSE - acts that make or attempt to make a woman financially dependent, includes

o withdrawal of financial support

o preventing the victim from engaging in legitimate profession, occupation, business or activity except in
cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Art.
73 of the Family Code
o 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
o destroying HOUSEHOLD property
o controlling the victims own money or properties or solely controlling the conjugal money or properties

ACTS OF VIOLENCE (Sec. 5, RA 9262)

Commented [vjd7]: Causing physical harm to a women or her
Physical harm: child
o Causing ( par. a),
Commented [vjd8]: Threatening to cause the woman or her
o threatening to cause (par. b), child physical harm
o attempting to cause (par. c)
Commented [vjd9]: Attempting to cause
 o placing in fear of imminent (par. d) Commented [vjd10]: Placing the woman or her child in fear of
o Pars. a & b - grounds for BPO imminent physical harm
Commented [vjd11]: Barangay Protection Program
Compel or attempt to compel to
o engage in conduct which the victim has the right to desist from or
o desist from conduct which the victim has the right to engage in

Restrict or attempt to restrict

o freedom of movement or conduct by force or threat of force or other harm or threat of physical or other
harm, or intimidation.
o
Acts committed with the purpose of restricting or controlling movement or conduct of the victim:
o threatening or actually depriving the woman or her child of custody or access to her/his family
o depriving or threatening to deprive the woman or her children of financial support legally due her or her
family, or deliberately providing the womans children insufficient financial support
o depriving of threatening to deprive the victim of a legal right
o preventing the woman to engage in legitimate business or profession or controlling the victims own
money, or properties, or solely controlling the conjugal or common money or properties.
o (Par. 5, e, RA 9262)

Inflicting or threatening to inflict

o physical harm on oneself for the purpose of controlling the victims actions or decisions (par. f)

Causing or attempting to cause

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

Causing the woman or her child

o mental anguish
o public ridicule
o humiliation

including:
o Repeated verbal and emotional abuse
o Denial of financial support or custody of minor children
o Denial of access to the womans child/children (par. i)

Nature
o public offence

Prosecuted upon
o Criminal complaint
o any citizen
o personal knowledge of circumstances involving the commission of the crime

Venue
o RTC designated as Family Court or
o In the absence of FC, RTC where the crime or any of its elements was committed at the option of the
complainant

REMEDIES and RELIEF/s

 PROTECTION ORDER
o Ancillary or independent of complaint for RA 9262
o Issued by the barangay or the court

Purpose of the Order

o Prevent further acts of violence against the woman or her child
o Grant other necessary reliefs

WHO MAY FILE for PO Commented [vjd12]: O-P-A-L-O-P-P

Offended party
Parents or guardians of the offended party
Ascendants, descendants or collateral relatives within the 4th civil degree of consanguinity or affinity
Officers or social workers of the DSWD or social workers of LGUs
Police officers, preferably in charge of women and childrens desk
Punong barangay or Brgy. Kagawad
Lawyer, counsellor, therapist or healthcare provider of the petitioner at least two (2) concerned
responsible citizens of the place where the violence occurred and who has personal knowledge of the
offence committed

KINDS OF POs
Issued by the barangay
o Barangay Protection Order (BPO)
o Issued by the courts
o Temporary Protection Order (TPO)
o Permanent Protection Order (PPO)
GROUNDS and RELIEF/s Barangay Protection Order (BPO)
GROUNDS for issuance:

o causing physical harm to the woman or her child

o threatening to cause the woman or her child physical harm
RELIEFS under BPO
o Prohibit the respondent from threatening to commit or committing personally or through another, any
of the acts mentioned in Sec. 5 (a) and (b) of RA 9262
o Prohibit the respondent from harassing, annoying, telephoning, contacting or otherwise communicating
with the victim-survivor, directly or indirectly
PROCEDURE for ISSUANCE (BPO) Commented [vjd13]: W-S-A-A
Application-
o in writing
o signed by the victim-survivor
o attested before the PB having jurisdiction over the application
o Victim survivor to be assisted by the PB or Kgwd
2. Issuance
A. Ex-parte, without notice and hearing to respondent
B. Issued on the same day of application immediately upon conclusion of ex-parte proceedings
c. issued by PB or kgwd.
d. victim may be assisted by non- lawyer
e. Prohibition against conciliation or mediation, compromise or influence to
abandon the relief sought
3. Service
a. Personal service upon the respondent by the PB, Kgwd. or any brgy official
b. deemed served upon receipt by the respondent or any adult in said address
c. In case of refusal, deemed served upon leaving a copy in the presence of at least 2
witnesses
 Assistance to victim-survivor at the barangay level
May be assisted by non-lawyer in the proceedings before the PB
Within 24 hrs. after BPO is issued, PB or any Kgwd shall assist in filing for an application for a TPO or PPO, with
the nearest court in the residence of the victim
When there is no FC, application may be filed with any lower court
Indigent victim-brgy to ensure transportation and other expenses in filing for an application for a protection
order with the courts
WHERE TO APPLY FOR BPO
Barangay where victim-survivor (VS) or petitioner is located or resides
Parties reside in different municipalities or cities, PB or Kgwd where victim-survivor resides shall assist
VS/applicant in filling an application for PO from the courts within 2 hrs. from the request

PLACE OF RESIDENCE or LOCATION of VS

o Place where the VS temporarily resides
o Where she sought refuge/sanctuary to escape from and avoid continuing violence from the respondent

BPO
Effectivity 15 days
Free of charge
Enforceable within the brgy. that issued the same
Issuance of BPO shall not preclude application or grant of TPO or PPO;
When TPO granted, BPO no longer available
Violation: punishable by imprisonment of 30 days without prejudice to any other criminal or civil action filed by
offended party for any of the act/acts committed
Complaint for violation of BPO filed by the brgy officials with MTC, MCTC that has territorial jurisdiction over the
barangay that issued the BPO

POs issued by the Court

TPO
o Issued on the same day of application
o Ex-parte
o Effective 30 days
o Immediate personal service on respondent
o With notice of date of hearing for PPO
PPO
o Issued after notice and hearing
o Effective until revoked
o No postponement
o Conduct hearing on the merits of issuance of PPO in 1 day
o If not possible, court to extend TPO until final judgment issued
How to apply
o Application in writing, signed & verified under oath
o If applicant is not VS, application accompanied by an affidavit of the applicant attesting to
circumstances of the abuse
consent by the VS
o When disclosure of address will endanger life, applicant must attest that VS is residing in the place
where the court has territorial jurisdiction and provide a mailing address for service of court processes
TPO/PPO
o May be filed as independent action or incidental relief in any civil or criminal case the subject matter or
issues thereof partake of violence as described in this Act
o Application for PO-considered an application for both TPO and PPO
o Brgy. Officials and court personnel to assist in preparation of the application
 Venue
o Family Court or
o RTC & other lower courts in the place of residence of petitioner
o Residence:
Actual
temporary
place of refuge or sanctuary
Enforceability
o TPO and PPO
o Anywhere in the Philippines
o Violation: fine ranging from P5,000.00 to P50,000.00 and/or
o Six -60 months imprisonment
Violation TPO/PPO
o Contempt of court
o Punishable under Rule 71, RC
o Without prejudice to any criminal or civil action that the offended party may filed for any of the acts
committed
Reliefs granted under TPO/PPO
Prohibition from
o threatening to commit or
o committing personally or through another, any of the acts mentioned in Sec. 5 of this Act
Prohibition from
o Harassing
o Annoying
o Telephoning
o contacting or otherwise
o communicating with the petitioner, directly or indirectly
Removal and exclusion from
o residence of the petitioner
o regardless of ownership of the residence
o Temporarily for the purpose of protecting the petitioner or
o Permanently where no property rights are violated and
o If respondent must remove personal effects from the residence, court shall direct a law
enforcement officer to accompany the respondent, remain there until respondent has gathered his/her
things and escort respondent from the residence.
Directing respondent to stay away from
o Petitioner and
o Any designated family or
o Household member
at a distance specified by the court and to stay away from
o The residence
o School, place of employment or
o Any specified place frequented by the petitioner and any designated family or household member
Directing
o Lawful possession and use by the petitioner of an automobile and other personal effects, regardless of
ownership, and
o The appropriate law enforcement officer to accompany the petitioner to the residence of the parties to
ensure that she is safely restored to the possession of the automobile and other personal effects, or
o To supervise the petitioners or respondents removal of personal belongings
Directing the respondent to
o Provide support to the woman and/or her child if entitled to legal support.
Notwithstanding other laws to the contrary the court shall order
 o An appropriate percentage of the income or salary of the respondent to be withheld regularly by the
employer and
o To automatically remit the same directly to the petitioner
Failure by the respondent or employer to
o remit and/or
o Withhold or
o Any delay in the remittance of support to the woman and/or her child/children without justifiable cause
o Liable for indirect contempt of court
Prohibition of the respondent from
o Any use or possession of any firearm or deadly weapon and
o Order him/her to surrender the same to the court for appropriate disposition by the court, including
Revocation of license and
Disqualification to apply for any license to use or possess a firearm.
o Respondent- law enforcement agent-
Court to order the surrender of the firearm and
Direct the appropriate authority to investigate the offender and
Take appropriate action on the matter
Grant
o temporary or
o permanent custody of a child/children to the petitioner
Restitution
o Actual damages caused by the violence inflicted, including but not limited to
Property damage
Medical expenses
Children expenses and
Loss of income
Directing
o DSWD or
o Any appropriate agency
To provide petitioner
o temporary shelter and
o other social services that the petitioner may need
Provision of other forms of relief as the court deems necessary to protect and provide for the safety of the
petitioner and any designated family or household member, provided they consent to such reliefs

A Punong Brgy., Kgwd. or the Court hearing an application for PO shall not
o Order
o Direct
o force or
o in any way unduly influence the applicant to compromise or abandon any of the reliefs sought under
this Act

Law enforcers and other government personnel shall not

o mediate or
o conciliate or
o influence the victim/applicant to compromise or abandon the relief sought

Administrative Liability
Legal Protection for concerned individuals
Persons intervening exempt from liability
o In every case of VAWC as herein defined,
any person
private individual or
 police authority or
barangay official
o acting in accordance with law, responds or intervenes without using violence or restraint greater than
necessary to ensure the safety of the VS,
o not be liable for any criminal, civil or administrative liability resulting therefrom
Any Person includes
o NGO workers
o POs
o Church
o civic and
o other groups,
Filipino citizens or foreigners free from criminal or civil liability acting in accordance with law in responding to a
call for help or when assisting the VS. Service Providers
o In all cases, the privacy and identity as well as the locations of service providers, including NGOs and Pos
shall not be disclosed by any person who has knowledge of the VAWC cases

Legal remedies for VAWC-VS

Battered Woman Syndrome (BWS) as a defense-
o VS who are found by the courts to be suffering from BWS do not incur criminal and civil liability
notwithstanding the absence of any of the elements for justifying circumstances of self-defense under
the RPC
o In the determination of the state of minds of the woman who was suffering from BWS at the time of the
commission of the crime, the courts shall; be assisted by expert psychiatrists/psychologists.
Prohibited defense
o Being under the influence of alcohol
o Any illicit drug or
o Minds altering substance

Not a defense under the Act

Custody of children
o The woman shall be entitled to the custody and support of her child/children. Children below 7 years old
or older but with mental or physical disabilities shall automatically be given to the mother, with right to
support, unless the court finds compelling reason to order otherwise.
o A VS who is suffering from BWS shall not be disqualified from having custody of her children. In no case
shall custody of the minor children be given to the perpetrator of violence against a woman suffering
from BWS.
Damages
o Any VS of violence under this Act shall be entitled to actual, moral, compensatory and exemplary
damages
o Civil action deemed instituted with criminal action unless an independent civil action for damages is filed
Hold Departure Order-
o Counsel for VS or applicant may request the court for a hold departure order in the application or
petition for PO.
o Court to expedite the process of issuance of hold departure order in cases prosecuted under the Act
Exemption from payment of docket fees and other expenses
o If the VS is an indigent or there is an immediate necessity due to imminent danger or threat of danger to
act on an application for a PO, the court shall accept the application without payment of the filing fee
and other fees and of the transcript of stenographic notes

Confidentiality
Law enforcement officials, prosecution, judges, court personnel and medical practitioners as well as parties to
the case shall recognize the right to privacy of the VS during
o Investigation
 o prosecution and
o trial of an offence under the Act

Law enforcement officers and prosecutors

o Conduct closed-door investigation
o Media not allowed to have access to any information regarding the VS.
Adult victim has choice to go public or speak with the media, preferably with the assistance of counsel
Barangay officials, law enforcers, prosecutors and court personnel
o Not disclose names and personal circumstances of the VS or complainants or
o Other information tending to establish their identities to the media or the public or
o Compromise her identity
Unlawful for any person utilizing tri-media or information technology to cause publicity of the name or identity
of the VS or complainant without her consent.
Identities of children shall not be disclosed to the public without conformity of the city or provincial DSWD

Violation of confidentiality
Imprisonment of one (1) year and
Fine of not more than Five Hundred Thousand (P500,000.00) Pesos

5.

RA 10353 AN ACT DEFINING AND PENALIZING ENFORCED OR INVOLUNTARY DISAPPEARANCE

"Enforced or Involuntary Disappearance" Commented [vjd14]: A-D-A--O

refers to the arrest, detention, abduction or any other form of deprivation of liberty

committed by agents of the State or by persons or groups of persons acting with the authorization, support or
acquiescence of the State,

followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of
the disappeared person, which places such person outside the protection of the law.

ED can only be committed by agents of the State or by persons or group of persons acting with the support of
authorization of the State. Hence, members of the Abu Sayyaf Group of the New People's Army can never be
held liable under RA 10353 because they are not state agents or they are not acting with the support or
authorization of the State.

"Victim" refers to the disappeared person and any individual who has suffered harm as a direct result of an
enforced or involuntary disappearance

Order of Battle

refers to a document made by the military, police or any law enforcement agency of the government, listing the
names of persons and organizations that it perceives to be enemies of the State and which it considers as
legitimate targets as combatants that it could deal with, through the use of means allowed by domestic and
international law.

An "Order of Battle" or any order from a superior officer causing the commission of ED is unlawful. Hence, it
cannot be invoked as a justifying or exempting circumstance. Also, any person receiving said order shall have the
right to disobey it.
Non-Derogability of the Right Against ED

Even in times of political instability, threat of war, state of war or other public emergencies, the right against ED
and other fundamental safeguards for its prevention shall not be suspended. Hence, the commission of ED is
prohibited at all times.

Right of Access to Communication

Any person deprived of liberty must be given immediate access to any available form or means of
communication in order to inform his/her family, lawyer, CHR, etc of his/her whereabouts and condition. If the
person was arrested by virtue of warrantless arrest, said person will immediately acquire the right of access to
information upon actual deprivation of liberty.

Duty to Certify in Writing on the Results of Inquiry re Reported Disappeared

Person's Whereabouts

Any member or official of the PNP, AFP NBI and other law enforcement agencies or any of its agencies (members or
officials of police detention center are included) are required to immediately issue a certification in writing about the
presence or absence of information re the whereabouts of disappeared person if any of the following person/institution
made an inquiry:

Family member;
Relative;
- Lawyer;
- CHR representative;
- Representative of Human Rights Organization; and
Members of the media.

In this regard, a PNP officer must always be available to issue said certification at any time of the day or night.
The certification must state, among others, in clear and unequivocal manner the following:
- Name of the person, organization or institution who made the inquiry;
- Date and time the inquiry was made;
- Details of the inquiry;
- Purpose of the inquiry;
- Response to the inquiry;
- Previous record of detention and/or record or transfer or release of
disappeared person;
- That in the event that such named person will later be brought into such
facility or the immediate premises thereof after an inquiry and response
have been made, the inquiring party shall be immediately
If the inquiry is made with the head of the detention facility (includes lock-up cells in precincts, stations and
other offices, and detention center/facilities in camps), the certification shall be issued immediately but not
beyond four (4) hours from the time of inquiry. If the inquiry is made with the Police Provincial Office, the
certification must be issued within five (5) calendar days. On the other hand, the certification must be issued
within seven (7) calendar days if the inquiry is made with the Police Regional Office or the National
Headquarters.

Non-compliance with the certification requirement is punishable by penalty of arresto mayor (and accessory
penalties)

Official Up-to-Date Register of All Persons Detained/Confined

 PNP units/personnel concerned must ensure that all persons detained or confined shall only be placed in
officially recognized and controlled places of detention/confinement where an official up-to-date register of
such persons shall be maintained. All information contained in said register must be regularly reported to the
CHR Regional Offices within the first five (5) working days of the month on a bimonthly basis.

The absence and non-maintenance of the registry shall make the person who has immediate authority and
jurisdiction over the detention facility liable. The immediate custodian of the registry or the one who
accomplishes the entries may be held administratively liable.

Submission of List of Government Detention Facilities

All government agencies concerned shall submit an updated inventory of all officially recognized and controlled
places of detention/confinement, and list of detainees or persons deprived of liberty under their respective
jurisdictions to the CHR. The places of detention/confinement shall include jails, correctional, lock-up cells,
holding areas, safehouses, hospitals, clinics or similar facilities, among others.

Visitation/Inspection of Places of Detention/Confinement

The CHR or its duly authorized representatives can conduct regular, independent, unannounced and unrestricted
Liability of Commanding Officer or Superior I Command Responsibility

visits to or visitations of all places of detention/confinement.

The immediate senior official of the PNP/AFP, NBI and other law enforcement agencies shall be held liable as
principal for the crime of ED if the acts committed by him/her have led, assisted, abetted or allowed, whether
directly or indirectly, the commission of ED by his/her subordinates.
Said senior official shall also be held liable as principal if all the following are present:
- ED is being committed or has been committed within the official's area of responsibility;
The official has knowledge of said ED, or the official should have known said ED owing to the circumstances at
the time;
The official did not take preventive or coercive action either before, during or immediately after the commission
of ED;
- The official has the authority to prevent or investigate allegations of ED;

Civil Liability and Independent Liability

If PNP/AFP,NBI and other law enforcement agencies personnel committed or participated in any manner in the
commission of ED, he/she shall also be civilly liable. Further, he/she may also be independently prosecuted
and/or convicted for violation of RA 7438 (Rights of Person Under Custodial Investigation), RA 9745 (Anti-
Torture Law), and applicable provisions of the Revised Penal Code.

Exemption from Prosecution

Any offender who volunteers to give information that leads to the discovery of the victim of ED or the
prosecution of the offenders without the victim being found shall be exempt from criminal and/or civil liability:
Provided, that said offender does not appear to be the most guilty.

If no case or complaint yet has been filed with the prosecutor's office or the courts, the sworn statement
executed by the offender shall be submitted to any law enforcement agency (PNP is included) for purposes of
filing a complaint before the prosecutor's office or the Ombudsman.

ED as a Continuing Offense
 Since ED is a continuing offense, those ED committed before the passage of RA 10353 may still be prosecuted
and punished as ED (under RA 10353) if the offender continue to conceal the fate and whereabouts of the
victim.

Also, perpetrators or participants in the commission of ED may be validly arrested anytime without a warrant of
arrest.

"Reappearance"

"Reappearance" shall be construed to include the following:

The victim was discovered or found in jail or other detention place, or hospital by his/her family, the CHR, or
human rights organizations; or

The victim reunites with his/her family and said victim reports his/her discovery or reappearance to the CHR or
human rights organization

Special Amnesty Law Exclusion

Persons who are charged with and/or found guilty of committing acts of ED shall not benefit from any special
amnesty law or other similar or measures that exempt an individual from any penal proceedings sanctions

State Protection

The AFP, PNP, NBI and other law enforcement agencies shall ensure the safety of the investigators, prosecutors,
members of the media, and other persons involved in the search, exhumation, investigation and prosecution of
ED cases. For this purpose, "investigation" shall include criminal investigation of law enforcement agencies of
the government, ocular inspection, preliminary investigation,and CHR investigation.

Penal Provisions

(a) The penalty of reclusion perpetua and its accessory penalties shall be imposed upon the following persons:

(1) Those who directly committed the act of enforced or involuntary disappearance;

(2) Those who directly forced, instigated, encouraged or induced others to commit the act of enforced or
involuntary disappearance;

(3) Those who cooperated in the act of enforced or involuntary disappearance by committing another act
without which the act of enforced or involuntary disappearance would not have been consummated;

(4) Those officials who allowed the act or abetted in the consummation of enforced or involuntary
disappearance when it is within their power to stop or uncover the commission thereof; and

(5) Those who cooperated in the execution of the act of enforced or involuntary disappearance by previous or
simultaneous acts.

(b) The penalty of reclusion temporal and its accessory penalties shall be imposed upon those who shall commit
the act of enforced or involuntary disappearance in the attempted stage as provided for and defined under
Article 6 of the Revised Penal Code.
 (c) The penalty of reclusion temporal and its accessory penalties shall also be imposed upon persons who, having
knowledge of the act of enforced or involuntary disappearance and without having participated therein, either
as principals or accomplices, took part subsequent to its commission in any of the following manner:

(1) By themselves profiting from or assisting the offender to profit from the effects of the act of enforced or
involuntary disappearance;

(2) By concealing the act of enforced or involuntary disappearance and/or destroying the effects or instruments
thereof in order to prevent its discovery; or

(3) By harboring, concealing or assisting in the escape of the principal/s in the act of enforced or involuntary
disappearance, provided such accessory acts are done with the abuse of official functions.

(d) The penalty of prision correctional and its accessory penalties shall be imposed against persons who defy,
ignore or unduly delay compliance with any order duly issued or promulgated pursuant to the writs of habeas
corpus, amparo and habeas data or their respective proceedings.

(e) The penalty of arresto mayor and its accessory penalties shall be imposed against any person who shall
violate the provisions of Sections 6, 7, 8, 9 and 10 of this Act.

Government officials and personnel who are found to be perpetrators of or participants in any manner in the
commission of enforced or involuntary disappearance as a result of a preliminary investigation conducted for
that purpose shall be preventively suspended or summarily dismissed from the service, depending on the
strength of the evidence so presented and gathered in the said preliminary investigation or as may be
recommended by the investigating authority.

Non exclusivity or Double Jeopardy Under International Law

Any investigation, trial and decision in any Philippines court, or body for any violation of this Act shall be without
prejudice to any investigation, trial, decision or any other legal or administrative process before any appropriate
international court or agency under applicable international human rights and humanitarian law.

Statute of Limitations Exemption

The prosecution of persons responsible for enforced or involuntary disappearance shall not prescribe unless the
victim surfaces alive. In which case, the prescriptive period shall be twenty-five (25) years from the date of such
reappearance