Level of Awareness On Protection of Women in Selected Barangays in The City of San Jose Del Monte, Bulacan - Revised
Level of Awareness On Protection of Women in Selected Barangays in The City of San Jose Del Monte, Bulacan - Revised
Level of Awareness On Protection of Women in Selected Barangays in The City of San Jose Del Monte, Bulacan - Revised
A Research Paper
April 2012
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ABSTRACT
Domestic violence is one of the biggest human rights violations that affect women all
over the world regardless of their color, nationality, or age. This research aims to challenge
this view and examines the legal reasoning which demonstrates that the responsibility to
protect women from domestic violence lies with the State itself. For that purpose, domestic
violence is first defined in order to show that its scope is not limited to acts of physical and
sexual violence only, and that it also encompasses economic and emotional violence acts.
Even women themselves often ignore the real meaning of domestic violence, believing that
they are being subjected to ''normal behavior''. After defining its limits, domestic violence is
interpreted in the context of the right to be free from discrimination and the prohibition of
torture. The association of domestic violence with concrete human rights is crucial since it
helps to challenge the misunderstanding that such acts are private matters that have no
consequences for State responsibility.
CHAPTER I
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INTRODUCTION
The most prevalent human rights violation that cuts across all sectors of society --
even the rich and highly educated – is violence against women (VAW). In 2006 a total of
5,758 VAW cases were reported to the police. Physical injury is prevalent, accounting for
38.86% reported attacks; Domestic violence ranks second with 26.07% of VAW cases. Rape
accounts for 16.65% of VAW cases (PNP). Although rape figures are low, it is an instrument
of power that has no boundaries inside the home as in marital rape; the community -where
rebels and the military use rape to torture and foment fear upon the enemy: and even outside
The Philippines has enacted several laws protecting women from violence; Anti-
Sexual Harassment, Anti-Rape and Rape Victim Assistance and Protection, Anti-Trafficking
in Persons, Anti-Violence against Women and Children with Women and Children’s Desks
and Services -- yet the implementation leaves much to be desired. Knowledge of the laws
among those who are supposed to enforce them -like the police and judges are scandalously
minimal, and much less among those who need them for their own personal protection.
sexual such as incest and marital rape. Domestic violence used to be considered a private
matter between husband and wife. A woman who ran to the police or the priest was often told
to go back to her abuser. She would suffer in silence until she finally worked up the courage
to leave for an uncertain future. Women and Children’s Protection Units were set up in police
stations and in government hospitals to identify VAW victims. Women usually do not say
they were battered when they come for treatment. Government and NGOs provide counseling
and shelters for abused women and their children. Hotlines for these services and shelters
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The UN declared the Decade for Women (1976-1985) to address the needs of women
around the globe for equality, peace and development in the Women-s-Rights-U-N-Decade-
recognized as a human rights issue until 1993 at the Vienna Conference on Human Rights.
For the first time women's rights were recognized as human rights and that violence against
women was a violation of women's human rights. In the conference, the UN General
Assembly adopted a Declaration for the Elimination of Violence against Women. The
Declaration clearly identified that VAW is based on gender inequality; hence, all
governments are expected to recognize VAW as a violation of human rights and address it.
freedoms of women and impairs or nullifies their enjoyment of those rights and
freedoms, and concerned about the long-standing failure to protect and promote those
rights and freedoms in the case of violence against women...violence against women
which have led to domination over and discrimination against women by men and to
the prevention of the full advancement of women, and that violence against women is
one of the crucial social mechanisms by which women are forced into a subordinate
The Declaration under Article 1 further defines the term VAW as: “any act of gender-
based violence that results in, or is likely to result in, physical, sexual or psychological harm
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Women survivors in the Philippines have dealt with the different forms of VAW such
as domestic violence, marital rape, incest, reproductive rights violations, rape, sexual
with physical or mental disabilities, culture bound practices harmful to women, ritual abuse
within religious cults, sexual slavery, prostitution and international trafficking of women,
pornography and abuse of women in media, abuse of women in internal refugee or relocation
The call for the eradication of all forms of violence against women continued to
flourish at the Fourth World Conference on Women in Beijing in 1995. The Beijing Platform
for Action (BPA) became the impetus for governments around the world, including the
protect and fulfil all women’s human rights and fundamental freedoms (civil, political, social
and economic rights) throughout their life cycle. (United Nations Fourth World Conference
Thus, the BPA set other critical areas6 of concern that governments must address
including the magnitude of VAW situations that women face. The UN Millennium
Development Goals (MDG, 2000) further defined the international priorities and served as an
action agenda with a benchmark for meeting sustainable development for social and
economic rights, particularly of women and girls in poor and developing countries by 2015.
The particular focus for this paper is to be able to contribute in meeting the objectives
of MDG3 – promote gender equality and empower women – through the utilization of the
various LGUs, NGAs, NGOs and the Academic Sector particularly in the City of San Jose
Del Monte, Bulacan. MDG3 provides a solid basis for promoting gender equality and
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By eradicating VAW, we are addressing one of the major obstacles in achieving not
only MDG3 but also the whole UN MDG package (WHO, 2005). VAW is a long-standing
issue that not only affects women but also adversely affects sustainable social and economic
With the Anti-Rape Law (RA 8353) and the Anti-Violence Against Women and
Children (RA9262) Act, neighbors, relatives and others can now report abuse in the home.
Until now, women are hesitant to report their situation due to shame and fear. RA 9262 gives
respite from harm with protection orders that bar perpetrators from going near the victims.
Unfortunately, some barangay officials are still ignorant of this provision or the order is
delayed. Awareness of these laws and their rights must be made known to all. The CEDAW
The importance of Republic Act No. 9262 (RA 9262) or the Anti-Violence Against
Women and their Children (Anti-VAWC) Act is not merely that it etched a much-needed policy
domestic violence, one of the most common violations committed against women in the
Philippines, may be responded to by all sectors of society. More than being a legal document, it
lays down and promotes a real understanding of the nature of violence against women.
Five years after its celebrated passage, a serious and perceptive evaluation of the
imperative that prevailing mindsets of concerned actors be considered. It is not enough to ask
whether anti-VAWC cases were filed and won. It is doubly important to know if a greater
part of society has grasped a deep enough understanding of violence against women that will
finally give way to its elimination. This is clearly not an easy task. Following the track of
monitoring and evaluating the state of implementation of RA 9262, an ideal one to take on
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the law’s fifth year of effectivity, the researcher has chosen to study an aspect of the law that
A key provision of RA 9262 is making available the provisions of the law to guard a
violated woman from further physical harm. Authorizing villages or "barangays," the
country’s smallest local government unit (LGU), to issue and enforce BPOs is a source of
relief that is speedy and readily accessible. For this study, the researcher communicated with
police and barangay officials in order to assess how effectively the BPO provision of RA
9262 has been implemented. A simple data-gathering too was developed and distributed
among sample barangays in the City of San Jose Del Monte not only to gather statistics, but
also to gain first-hand knowledge of how barangay officials view domestic violence and how
they have made use of their legal powers to actually curb it and the mind-set of the victims as
1. What are the reported cases of violence against women by barangay in 2010-2011
in terms of:
1.1.Age group
2.1.Age group
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3. What are the implications of the study in relation to the level of awareness of the
protection of women and children relative to the VMG of the University as well as
to the specific mission of the Extension Program of the Bulacan State University,
Sarmiento Campus?
3) To point out the areas of weakness in terms of the implementation of the rights of the
4) To identify the necessary executive, legislative and judicial actions that will lead to a
5) To help in the development of awareness on the rights of women and children in the
The novelty of the remedies provided in RA 9262 created multiple legal challenges
for institutions mandated to implement the law. The problems related to cases in violation of
RA 9262 where the first step is in the implementation of the provisions of the law in the
Barangay level. To examine this situation more closely, the researcher conducted surveys in
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different barangays and Police Women’s Desk regarding their delivery of services under RA
9262. Queries on the incidence of the reported cases in these agencies and the cases
encountered through legal consultations were likewise gathered and are presented in this
paper.
RA
9262 is brought about by the utter lack of organized data on either national or local levels.
Unless a nationwide data-gathering campaign is launched, one will have to rely on modest
efforts of this researcher to gather details from individual barangays and the police stations
therein. Though limited in scope, our data-gathering device is, at this point, the only way of
collecting relevant quantitative and qualitative data for evaluation and monitoring purposes.
For now, it sufficiently meets the following objectives: (1) To develop an appreciation of the
level of understanding of the women of the City of San Jose Del Monte on existing policy
awareness in the implementing guidelines of the provision of RA 9262; (3)To point out the
areas of weakness in terms of the implementation of the rights of the women and
determining their actual needs in relation to these; and (4) To identify the necessary
executive, legislative and judicial actions that will lead to a satisfactory implementation of
RA 9262; and (5) To help in the development of awareness on the rights of women and
To supplement our data gathered from sample barangays, we will also present
relevant information from actual cases we encountered through many legal consultation
The underlying goal of this study is to communicate the prevailing variance between
policy and action on the provision of RA 9262. It seeks to provide an illustration of how
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barangays fared in implementing their responsibilities under the law. While the research does
the entire San Jose Del Monte, it seeks to highlight, albeit in a limited capacity, how far
barangays have come in fulfilling their mandate under the law nearly five years after its
enactment.
As a person in the academe dealing with advocacy, education, and litigation, this
researcher is in a unique and crucial position to share its insight on how the law came to be,
how it is supposed to be implemented, and how its implementation is being carried out. This
has allowed the researcher to collaborate with many helpful NGOs, people’s organizations
and government offices in the gathering of barangay data. This study is a product of such
CHAPTER II
THEORETICAL FRAMEWORK
The existence of the provision of related laws as a remedy is deeply and strongly
anchored on both international covenants, which the Philippines has acceded to or ratified,
RELEVANT THEORIES
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The Philippines has over many decades, given and repeatedly confirmed its assent to
international documents and treatises establishing the protection, promotion and fulfillment
of the right of women to live free from discrimination, inequality and violence against their
person. Foremost of these is its commitment as a member of the United Nations, whose
charter is the first international instrument to uphold the equal rights of men and women,
along with other human rights and fundamental freedoms. The Universal Declaration of
Human Rights afterwards echoed this provision, stating in its preamble that “the peoples of
the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in
the dignity and worth of the human person and in the equal rights of men and women and
have determined to promote social progress and better standards of life in larger freedom.”
violence as rooted in historical power inequalities between men and women, while
elucidating that VAW violates existing universal human rights norms. It also gave an
expansive definition of violence and emphasized the State obligation to ensure prevention,
Aside from espousing these proclamations, the Philippines has also legally bound
itself to carry out their provisions, by signing the International Covenants on Economic,
Social and Cultural Rights, and on Civil and Political Rights. These unequivocally state that
the rights provided therein are applicable to all persons without distinction of any kind, and
lay down sex as such a ground of impermissible distinction. Both impose on acceding or
ratifying States the undertaking to ensure that women and men have equal right to the
women around the world, they were still found lacking as there remained no recognition of
women’s human rights in mainstream human rights discourse, proclamations and practices.
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Priority was placed on international political rights rather than civil and political rights, while
Nevertheless, these acts paved the way towards the creation of a legal document that focuses
specifically on women’s rights and freedoms, what constitute violations against them, and
prefer
broader definitions which, in addition to physical, sexual, and psychological violence, also
DOMESTIC VIOLENCE.
According to Radford and Stanko (1996), domestic violence is “one of the most
widespread, legitimized, invisible, and neglected forms of violence against women around the
world” (p. 68). Since such violence is still regarded as a private family matter in many
countries, the law is often mute when it comes to domestic violence. Thus, Radford and
Stanko (1996) point out that: The bulk of violence against women, that which occurs in
private, rarely comes to public attention, is scorned by the police, and the women who ask for
police intervention are left neglected and often abused by the very system financed by the
state to protect them. (p. 68) The pervasiveness of domestic violence has led feminist scholars
to question the prevailing concepts of the family, in particular the idealization of the family as
a peaceful and safe haven. According to Radford and Stanko (1996): The family, and the
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one in which the private struggles around patriarchal power relations are enacted, and hence
one in which violence frequently features as a form of control of the powerless by the
powerful. (p. 78) Bograd (1988) extends this argument to emphasize that institutions of
marriage and family promote and uphold men’s use of violence against women. Similar
Domestic violence is also called domestic abuse, battering or intimate partner violence
which occurs between people in an intimate relationship. Domestic violence can take many
forms, including emotional, sexual and physical abuse and threats of abuse. Men are
sometimes abused by partners, but domestic violence is most often directed toward women.
It might not be easy to identify domestic violence at first. While some relationships are
clearly abusive from the outset, abuse often starts subtly and gets worse over time. You might
be experiencing domestic violence if you're in a relationship with someone who: (1) Calls
you names, insults you or puts you down; (2) Prevents you from going to work or school; (3)
Stops you from seeing family members or friends; (4) Tries to control how you spend money,
where you go, what medicines you take or what you wear; (5) Acts jealous or possessive or
constantly accuses you of being unfaithful; (6) Gets angry when drinking alcohol or using
drugs; (7) Threatens you with violence or a weapon; (8) Hits, kicks, shoves, slaps, chokes or
otherwise hurts you, your children or your pets; (9) Forces you to have sex or engage in
sexual acts against your will; (10) Blames you for his or her violent behavior or tells you that
you deserve it; (11) Portrays the violence as mutual and consensual
If you are a lesbian, bisexual or transgender, you might also be experiencing domestic
violence if you're in a relationship with someone who: (1) Threatens to tell friends, family,
colleagues or community members your sexual orientation or gender identity; (2) Tells you
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that authorities won't help a lesbian, bisexual or transgender person; (3) Tells you that leaving
the relationship means you're admitting that lesbian, bisexual or transgender relationships are
deviant; (4) Says women can't be violent; (5) Justifies abuse by telling you that you're not
perilous time, your health and the baby's health are at risk. The danger continues after the
baby is born. Even if your child isn't abused, simply witnessing domestic violence can be
harmful. Children who grow up in abusive homes are more likely to be abused and have
behavioral problems than are other children. As adults, they're more likely to become abusers
or think abuse is a normal part of a relationship. You might worry that seeking help will
further endanger you and your child or that it might break up your family, but it's the best
If you're in an abusive situation, you might recognize this pattern: (1) Your abuser
threatens violence; (2) Your abuser strikes; (3) Your abuser apologizes, promises to change
Typically the violence becomes more frequent and severe over time. The longer you stay
in an abusive relationship, the greater the toll on your self-esteem. You might become
depressed and anxious. You might begin to doubt your ability to take care of yourself or
wonder if the abuse is your fault. You might feel helpless or paralyzed. If you're an older
woman who has health problems, you might feel dependent upon an abusive partner. If you're
in a same sex relationship, you might be less likely to seek help after an assault if you don't
want to disclose your sexual orientation. If you've been sexually assaulted by another woman,
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you might also fear that you won't be believed. Still, the only way to break the cycle of
Abusive relationships tend to follow a cyclical pattern (Matthews, 2004, Walker, 1979, Weiss,
2000). The changes between the various stages presented are subtle, and vary depending on the
In the beginning phase of the abusive relationship, some type of abuse occurs. This can be
physical, sexual, or emotional, however, most often it is subtle and in the form of verbal insults or
accusations (Walker, 1979; Weiss, 2000). Sometimes, though, the initial incident is physical. After the
first episode of physical abuse, an abuser may not have to beat his partner to gain or maintain control.
The threat of violence may not be enough, because his partner knows he is capable of following
Following this initial incident there is a tension building phase (Walker, 1979; Matthews, 2004).
The abuse continues in this phase, and while it might be physical, it continues to be more subtle.
Weiss (2000) describes a woman who was boiling a pot of soup when her husband walked by and
knocked her forward with his elbow, causing her to fall forward, burning her hand severely in the
boiling liquid. Later on, he denied being in the kitchen at all. In this second phase, the abused partner
the abuser calm, and she may feel as if she is constantly "walking on eggshells" (Weiss, 2000,
Walker, 1979). She may also feel that she is at fault for the abuse, and begin to believe that if she
were only a "better partner" the abuse would stop. For example, the abused woman may start to
imagine if she dressed differently, was a better cook, or was more agreeable her partner would treat
Building an abusive relationship takes time - if the abuse started occurring on the first date,
far fewer women would stay in the relationships as long as they do. Survivors of domestic violence
describe a "brainwashing" that occurs, which is difficult to quantify in empirical studies. Weiss (2000)
describes interviews with women in which they say the tension-building phase happened so gradually
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they almost did not realize it. They describe abusers who picked at their self-worth by making off-
hand comments about their food intake, or their merit as a wife or a girlfriend, most being careful to
temper . These remarks by saying they were only looking out for their partner's well-being.
Eventually, the women begin to believe that their partners must be right in their critiques - after all,
he was only looking out for their best interests (Weiss, 2000).
The next stage is referred to as the explosion, and after the slow progression of the tension
building stage~ it may not come as a shock (Turner, 2002; Matthews, 2004). In this stage; the abuse
reaches a crescendo. Weiss (2000) reports stories ;from women whose partners have attempted to
push them from moving cars, brutally raped them, broken their noses, deliberately twisted their legs
after painful knee surgery, or otherwise hurt them severely. One woman noted that, as severe as the
beatings were, her partner always made sure to leave bruises on her arms, legs, and torso rather than
In the making-up stage, the abuser may apologize for the abuse. He may promise that it will
never happen again, or blame the abused partner for forcing him to hurt her: (Walker, 1979). Other
common themes in. this stage are the abuser claiming his victim is exaggerating the abuse, or ever
claiming that it never happened, as in the case of the man who pushed his wife toward the boiling
soup.
Often in this stage, the abusers apologize profusely and swear that they will change (Weiss,
2000; Walker, 1979). The abused partner, whether or not she believes this claim, may be so relieved
that the abuse has stopped for the time being that she accepts him saying he will change and stay with
him. More possible reasons why abused women stay, in violent relationships will be discussed in the
next section.
Finally comes the calm, or honeymoon stage (Matthews, 2004; Weiss, 2000; Walker, 1979).
In this stage, the abused partner may begin 'to hope that her partner really meant it when he said it
would never happen again. The abuser may give gifts to his partner, and treat her kindly for a period
ranging anywhere from a few days to several months (Matthews, 2004; Weiss, 2000). Inevitably, the
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The specifics of these stages are as unique as the women that live them. As such, there are
few academic studies examining what specifically the stages look like. The details come from the
voices of the women who have lived these stories, and survived them.
Some women report their relationships being wonderful until they got married, at which point
the tension began building, sometimes slowly, sometimes quickly (Weiss, 2000). In the early stages of
the relationship, many women report this tension building stage as their partner's efforts to gain
control over their lives (Matthews, 2004; Bornstein, 2006). The abusers will attempt to isolate their
partners from their family, friends, and careers (Sullivan et al., 2004; Bowker, 1983). One woman
reported that her husband did not tell her parents when she gave birth to their first grandchild,
although he told his wife he had and that they did not care enough to visit. He continued to create
situations like this throughout their marriage, effectively separating her from her family. Another
woman reported that her husband told her landlord and a social worker who lived nearby that his wife
was addicted to alcohol and painkillers, which meant they did not think as much of it when they heard
In the early stages of an abusive relationship, the escalating tension can be implied rather than
overt violence. The abusive partner may hit, kick; or break furniture or other inanimate objects, while
the abused partner watches. Displays of violence such as this are prophetic - the woman watching
knows that even though the “violence” is directed at a piece of furniture this time, it may be her next
time (Salber & Taliaferro, 1995; Matthews, 2004; Tjaden & Thoennes, 2001). The abuser may also
threaten or harm
In some relationships, the tension building stage does not appear to be present at all. Weiss
(2000) describes a woman whose husband would physically abuse her seemingly out of the blue. In
the course of his apologies, he would also twist the incident around until she believed it was somehow
her fault, subtly conveying that ,she had pushed his buttons until he had no choice but to explode.
It is not uncommon for women, after leaving a violent relationship, to wonder how they had
believed they were somehow at fault for the abuse they endured. It is important to note, however, that
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even if this tension building stage does not appear to be present, it almost always is. It may come, as
mentioned previously, in the form of comments about appearance, cooking, temperament, or others,
in the guise of "just trying to help." The quotation above is an example of how one abused woman
who was made to believe the violence was her fault explained what was happening to her (Weiss,
2000).
In other situations, the tension building stage is more overt, but still subtle. It may not involve
the sort of physical violence mentioned earlier, directed at the woman, pets, or inanimate objects
(Weiss, 2000; McCue, 2008). Instead it can be more verbal; emotional, or covert. For example, the
abuser may accuse his partner of having am affair, which can serve as a means to later "punish" her
Violent relationships can be broken down in this cyclical nature, but as the interviews from
Weiss (2000) illustrate, no violent relationship is the same as any other, despite surface similarities.
Each woman's relationship is unique, as are the reasons they stay in them or return to them.
The research yielded a myriad of reasons why abused women stay in abusive relationships,
or return to them. The most pressing of these reasons was safety. A woman who has been abused may
fear retaliation from her abuser if she leaves, them abusive environment or makes efforts to improve
her situation (Turner, 2002). The abuser in the situation may have made specific threats, stating that if
the used partner leaves, he will hurt or kill her, her children, or himself (Matthews, 2004).
Statistically, the most dangerous time for a woman in an abusive relationship is just prior to leaving
that relationship (Turner, 2002; Salber & Taliaferro, 1995). In fact, women who are divorced or
separated are 14 times more likely to report being the victim of violence by a spouse or ex-spouse.
Separated and divorced women make up 10 percent of American women, yet they report 75 percent of
intimate partner violence (US Department of Justice, 1998; McCue, 2008). It is possible that women
who are separated or divorced are more likely to report violence from their partner, when in fact it
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married as well. Regardless, these statistics speak to the danger that comes with leaving a violent
relationship, and why some women may choose to stay and survive day to day rather than make an
The long term effects of domestic violence have not begun to be fully documented.
Battered women suffer physical and mental problems as a result of domestic violence.
Battering is the single major cause of injury to women, more significant that auto accidents,
rapes, or muggings. In fact, the emotional and psychological abuse inflicted by batterers may
be more costly to treat in the short-run than physical injury. Many of the physical injuries
sustained by women seem to cause medical difficulties as women grow older. Arthritis,
hypertension and heart disease have been identified by battered women as directly caused or
Battered women lose their jobs because of absenteeism due to illness as a result of the
Battered women may have to move many times to avoid violence. Moving is costly and can
interfere with continuity of employment. Battered women often lose family and friends as a
result of the battering. First, the batterer isolates them from family and friends. Battered
women then become embarrassed by the abuse inflicted upon them and withdraw from
Some battered women are abandoned by their church when separating from abusers,
since some religious doctrines prohibit separation or divorce regardless of the severity of
abuse. Many battered women have had to forgo financial security during the separation
proceedings to avoid further abuse. As a result they are impoverished as they grow older.
One-third of the children who witness the battering of their mothers demonstrate significant
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behavioral and/or emotional problems, including psychosomatic disorders, stuttering, anxiety
Those boys who witness their fathers' abuse of their mothers are more likely to inflict
severe violence as adults. Data suggest that girls who witness maternal abuse may tolerate
abuse as adults more than girls who do not. These negative effects maybe diminished if the
child benefits from intervention by the law and domestic violence programs. (Browne, 1987)
The tragic reality is that anytime a mother is abused by her partner, the children are
also affected in both overt and subtle ways. What hurts the mother, hurts the children. When
a mother is abused, the children may feel guilty that they cannot protect her, or that they are
the cause of the strife. They may themselves be abused, or neglected while the mother
attempts to deal with the trauma. The rate of child abuse is 6-15 times higher in families
Children get hurt when they see their parents being yelled at, pushed, or hit. They may
feel confusion, stress, fear, shame, or think that they caused the problem. They grow up
learning that it's okay to hurt other people or let other people hurt them. A third of all children
who see their mothers beaten develop emotional problems. Boys who see their fathers beat
their mothers are ten times more likely to be abusive in their adult intimate relationships.
shy. Some may have difficulty making friends or have fear of adults. Many suffer from
depression and excessive absences from school. As an after effect they may use violence for
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solving problems at school and home who may be at greater risk of being a runaway, being
suicidal, or committing criminal acts as juveniles and adults. As a result, the children who are
experiencing stress may show it indifferent ways, including difficulty in sleeping, bedwetting,
These children who grow up in violent homes have much higher risks of becoming
is empirical that these children do not have to be abused themselves in order to be impacted
The only answer to this problem is to treat domestic violence for what it is - a crime.
We must fight the societal values that reinforce the stereotypes that encourage men to act
aggressively and use violence to solve problems; that women are weak and submissive and
should accept male dominance as the norm. Children must be taught at an early age non-
In homes where domestic violence occurs, fear, instability, and confusion replace the
love, comfort, and nurturing children need. These children live in constant fear of physical
harm from the person who is supposed to care for and protect them. They may feel guilt at
loving the abuser or blame themselves for causing the violence. "Domestic Violence,
RA 9262
RA 9262 or the Anti-VAWC Act, enacted only fairly recently in 2004, specifically
focuses on the elimination of violence against women. At the time of its enactment and up to
the present, the reliefs given under the law to women in abusive relationships have proved
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critical in enabling them to seek recourse against persons causing or committing acts of
violence against them, and in helping them take significant steps toward self- determination.
The Anti-VAWC Act was progressive in that it concretely identified the forms of and
acts which consist in violence against women and their children; who may be considered
perpetrators of violence; the sanctions that may be imposed on violators of prohibited acts;
and the civil and criminal remedies to which victims are entitled.
Among these remedies is the filing of a petition for a protection order with the court
or barangay in the place where the petitioner resides or is located, through which women
and/or their children, who were or are victims of any acts or omissions prohibited under the
law, may seek relief against the perpetrator. The law defines a protection order as one issued
to prevent further acts of violence against a woman and/or her child, and to grant other
necessary relief. Its purpose is to safeguard the victim from further harm, minimize any
disruption in the victim’s life, and facilitate the opportunity and ability of the victim to
independently regain control over her life (Section 8). If filed with the court, a temporary or
or other interested persons enumerated in the law may also file an application for a protection
order in the barangay. RA 9262 sets forth the definition of a BPO, the reliefs it may grant, the
procedure necessary for its issuance, its effectivity and enforceability, sanctions for its
violations, as well as the duties and responsibilities of barangay officials and other law
enforcers in its implementation. BPOs primarily enable battered/abused women, who have
limited or no access to Courts, to gain protection from further abuse through their own
barangays.
As the smallest political unit in the country, the barangay is unique and distinct
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considered apolitical. Also, because its officials are considered to have moral ascendancy in
the community, they are conferred with an informal authority to settle community disputes.
Because of the barangay’s proximity to the community, it is able to immediately address and
give assistance to its constituents. For these reasons, RA 9262 confers on them a distinct role
RA 9262 recognizes the strategic position of the barangay as a local government unit
in playing a key role in the elimination of domestic violence. However, the duty and
responsibility of a barangay to intervene in situations of VAW find authority not only in the
Anti-VAWC law, but also in RA 7160 or the Local Government Code of the Philippines
(LGC), the main source of the LGU’s powers and functions. Section 384 of the LGC
provides thus: Role of the Barangay.. As the basic political unit, the barangay serves as the
primary planning and implementing unit of government policies, plans, programs, projects,
and activities in the community, and as a forum wherein the collective views of the people
may be expressed, crystallized and considered, and where disputes may be amicably settled.
(Emphasis supplied)
Indeed, the barangay has both the authority and capacity to most immediately respond
to situations of violence within its territorial jurisdiction. It is in the best position to extend
aid to victims of VAW, from providing emergency response to the household to the
establishment of centers where victims may seek shelter, among many other possible forms
of assistance.
Under RA 9262, it is the Punong Barangay that has the power to receive applications
for BPO and to issue such if s/he finds that there is basis for it. Her/his functions under the
LGC likewise authorize her/him to perform these functions, under the following provisions:
23
Section 389. Chief Executive: Powers, Duties, and Functions. - (a) The punong barangay, as
the chief executive of the barangay government, shall exercise such powers and perform such
duties and functions, as provided by this Code and other laws. (b) For efficient, effective and
economical governance, the purpose of which is the general welfare of the barangay and its
(1) Enforce all laws and ordinances which are applicable within the barangay; xxx
(2) Maintain public order in the barangay and, in pursuance thereof, assist the city or
municipal mayor and the sanggunian members in the performance of their duties
(15) Exercise such other powers and perform such other duties and functions as may
be
The powers and duties of the Sangguniang Barangay in implementing the BPO
provisions of RA 9262, on the other hand, find support in the following LGC provisions
SEC. 391. Powers, Duties, and Functions. - (a) The sangguniang barangay, as the legislative
(19) Provide for the proper development and welfare of children in the barangay by
promoting and supporting activities for the protection and total development of
(20) Adopt measures towards the prevention and eradication of drug abuse, child
24
(23) Provide for the delivery of basic services; and
(24) Exercise such other powers and perform such other duties and functions as may
SEC. 392. Other Duties of Sangguniang Barangay Members. - In addition to their duties as
(a) Assist the punong barangay in the discharge of his duties and functions;
(b) Act as peace officers in the maintenance of public order and safety; xxx
The legal bases elucidated provide a concrete framework for the present analysis.
With the above policies as a backdrop, an appropriate assessment may be carried out of how
the Philippines has fared in discharging its international obligations to ensure the equal rights
of men and women, and in implementing its own laws designed to achieve the same purpose.
RELATED STUDIES
A cursory glance at the situation of women in the Philippines reveals an irony. On the
one hand, the Philippines enjoys a high rating with regard to international indices on gender.
The country ranked 86th out of 182 countries in the 2007 Gender and Development Index
(GDI), and 59th in the Gender Empowerment Measure (GEM) of the same year (UNDP,
Human Development Index 2009). Another global index, the Gender Gap Index of the
World Economic Forum (Geneva 1971), ranked the Philippines 6th worldwide with respect
to its efforts to address gender disparity in economic participation, education, health and
politics. In the latter index, the Philippines is the only country in Asia among the top 10
Since 2004, wife battering cases were included in 'violation of RA 9262' if the victims
file a case under such law, otherwise the cases still fall under wife battering/physical injuries
25
category. The National Commission on the Role of Filipino Women noted that “ in 2008, the
number of violence against women cases reported to the police rose by 21% from the 2007
report. The increase caused the trend to go upward after a six-year downward trend from
2001 to 2006 and that for the past twelve years since 1997, the trend peaked at a record high
of 9,132 VAW cases in 2001. ..Among the regions, the National Capital Region (NCR)
posted the highest reported violence against women cases from January to December 2008
with 1,541 reported cases, accounting 22 percent of the total reported VAW cases nationwide
Underreporting of cases exists since some women do not speak about the violence
experienced due to several factors such as shame and self-blame for the violence, fear of the
where one can report the violence, among others. In cases of intimate partner violence, many
women also experience being “filtered out” of the legal justice system when they are
pressured by village mediators to reconcile with their abusive partners (Women’s Legal
gender disparity in political and economic participation of women and men. The Women in
Nation-Building Act of 1991 (Republic Act 7192) asserts the right of women to equal
participation in the formulation and the benefits of government programs and recognized
women’s capacity to act as equal to that of men, e.g., in entering into contracts, memberships
in social clubs, admission to military schools and in securing access to credit and social
security benefits. In 2005, all government institutions were mandated by law to formulate
Gender and Development (GAD) Plans and allocate at least five percent (5%) of their
respective annual budgets for the implementation of these plans (RA 9336 or General
26
Appropriations Act of 2005).Although women and men are roughly equal in terms of
representation of their gender-specific interests remains marginalized. Results from the 2004
Philippine elections show that women are only 16.62 per cent of the local government
officials, 15.24 per cent of the Congressional representatives, and 16.67 per cent of the
It has been noted that gender equality issues are not priorities in Congress(WEDPRO and the
Institute for Popular Democracy, 2006) .Top-level leadership positions are also elusive for
women even in social movements. Building a women’s vote or a women’s political bloc to
lobby gender-specific interests in the legislature remains a critical agenda for the women’s
The labor force participation of women , however relatively high at 87.7 per cent, is
still less than that of men’s which is 90.7 per cent. The gap is even wider in the rural areas
where 86.6 per cent of the women are engaged in productive work compared to 93.2 per cent
of the men (Stiftung, “Gender Issue-Philippines”, 2008). In terms of labor force participation
rate, women lag behind men at 50.2 per cent and 79.5 per cent respectively (National
the Civil Service Commission, 57.59 per cent of government employees in Career Service
positions are women, however most of them are found in first and second level positions
(99.1 per cent of the women compared to 93.3 per cent of the men). Third level positions are
still dominated by men (4.4 per cent of the men compared to 0.6 per cent). In terms of
income, women’s earnings are generally lower than men’s. In top executive and managerial
positions, women’s salaries are only 24 per cent of men’s. However, the reverse pattern is
true in the lower rungs of occupational hierarchy. The women’s salary in professional and
27
technical work exceeds men’s by 40 per cent. In clerical and sales work, women earn 15 and
17 per cent, respectively, more than men (Stiftung, “Gender Issue-Philippines, 2008). Gender
stereotyping of female laborers into unskilled work also explained the lower wages compared
Despite the positive economic growth in the past six years (estimated at an average of
substantial changes in the micro or household level still remains to be felt. The results of a
Social Weather Station survey released in July 2008 showed that 59 per cent of Filipino
families, or about 10.6 million families, rated themselves as poor. Moreover the same survey
showed that 49 per cent of Filipinos considered themselves as “food-poor” while another 26
per cent rated on the “food-borderline”( Social Weather Stations Media Release,
www.sws.org.ph/pr080731.htm).
Women, the DSWD Secretary noted: “Continuing poverty in the nation exacerbates gender
issues. Almost a quarter of the population, and close to a third of Filipino women live below
the poverty line. Rural women bear the brunt of impoverishment” (Cabral, 2006).
Women are multiply burdened by the demands of their reproductive work in the
home, in addition to productive labor that they must take on so their families can make ends
meet. In poorer communities, women’s productive work often meant work in the informal
sector where women are marginalized and have no access to social security or support
More and more women, regardless of civil status, leave the country each year to work
abroad in order to support their families. For the past decade, females have comprised as
much as 70 per cent of overseas workers. Women are mostly in service work where they are
28
very vulnerable to physical and sexual abuse, drug dependence, prostitution, mysterious or
The stories of women who survived violence, and broke the silence, highlight the
dilemma of many women abused by their intimate partners. A number of Philippine laws,
including RA 9262, have provisions for the protection of abused women and for redress of
their grievances.
will protect them and will ensure their access to justice and services. Women expressed
anxieties about whether government officials will believe them when they come forward with
complaints of abuse by intimate partners or whether they will be taken seriously. The women
interviewed reported the abuse to authorities only when the violence became a survival issue,
that is, when they and/or their children were already at risk.
that reinforce their silence or hesitance to report abuse. The factors are: women were blamed
when abuse occurs; pressures from the women’s family and the communities “to make the
intimate relationship work” or “to keep the relationship for the sake of the children”; the
women are overwhelmed by the abuse which prevents them from considering more strategic
actions against violence; because the abuse occurs within the context of marriage,
cohabitation or some form of intimate relationship, the women think that the solution is
Repeated abuse takes a toll on the women’s self-esteem thus making it more difficult
for them to end the abuse. Some women expressed fear that they were already losing their
sanity as an effect of violence. Some women entertained thoughts of killing their abusive
29
partners. Two victim-survivors prepared weapons — a gun and a metal pipe — hoping to
defend themselves in the inevitable next episode of violence. But, they never used them
because they feared imprisonment. They endured violence for several years (Avisado, 2008).
they did not seek help for many years was that they did not believe anyone would listen to
Thus, often responses of women to the abuse are limited to coping and adjusting to
the situation. While they fear for their safety, they are also afraid of society’s rebuke of
CONCEPTUAL FRAMEWORK
Reported Cases of
Violence: Awareness and
1. Seminars decrease in domestic
2. Outreach violence against
1. RA 9262
Programs women and their
2. RA 7610
3. Legal children by their
3.Barangay Protection spouses and proper
Counselling
Order violations implementation of
4. Media
4. Other Women’s Barangay Protection
5. Academe
Rights Orders
30
CHAPTER III
METHODS OF RESEARCH
Interviews and questionnaires were given in 2012 among barangay officials, San Jose
Del Monte Police, Women’s Desk and victims. The real names of the women victim-
survivors are not included to protect their identity and security. The group discussions were
held in selected barangays of the City of San Jose Del Monte: Muzon, Towerville, Bagong
Buhay 3 and Narra, Francisco Homes. A total of 97 persons were interviewed and
participated in answering the questionnaires. Anti-VAWC Law and literature were asked on
Survey forms were distributed to four focus areas: Muzon, Towerville, Bagong Buhay
3 and Narra, Francisco Homes. Identified areas were chosen based on the number of cases
filed in court, the period covering 2010-2011. While the number of respondents may be
small, especially in comparison to the total number of barangays in the City of San Jose Del
Monte which is fifty-nine (59), the sample provides a fair illustration of how barangay
officials carry out their functions as mandated by RA 9262. Female victims of these
Barangays were asked to answer the survey based on their own experiences as regards the
handling of BPO cases. As some officials were newly elected, certain answers were limited to
their term starting 2007. Survey questions covered the number of BPO cases accommodated
by the barangay since 2004; grounds cited in BPO applications as well as in the denial and
dismissal of these cases; time elapsed between a BPO application and its issuance and/or
renewal; other services provided by the barangay as mandated by RA 9262; and knowledge
31
CHAPTER IV
PRESENTATION OF FINDINGS
Cases of violations of Republic Act (RA) No. 9262 topped San Jose Del Monte’s list
of reported cases of violence against women in 2010 and 2011. Republic Act No. 9262 of the
Anti-Violence Against Women and Their Children Act has for its purpose the protection
family members, particularly, women and children, from violence and threats to their
As defined by the statute, violations of RA 9262 may consist of any act or a series of
acts committed by any person against a woman who is his wife: wife, former wife, or against
a woman with whom the person had a sexual or dating relationship, or with whom he has a
common child whether legitimate or not, within or without the family abode, which result in
harm or suffering, or economic abuse, including threats such as acts of battery, assault,
In 2011, 160 cases of violations of RA 9262 were reported in the City of San Jose Del
Monte Police Women’s Desk. These cases constituted 43.6 percent of the 367 reported cases
of violence against women in the City in 2011. Reported cases of violations of RA 9262
doubled in 2011 from only 83 cases in 2010 as women became more aware of their rights
and are more unafraid to report such forms of acts to the concerned authorities. The
heightened awareness could be attributed to the utilization of the more popular forms of
media such as the tv and the radio to advocate the reporting of such acts and penalizing their
perpetrators. RA 9262 values the dignity of women and children, guarantees full respect of
32
Profile of VAW Cases in the City of San Jose Del Monte that were filed in the Courts
Aside of the cases of violations of RA 9262, other major forms of VAW in the City
of San Jose Del Monte in 2011 include physical injuries, rape and acts of lasciviousness.
Reported VAW cases in the City dropped in 2011 from 395 cases in 2010. The highest case
of VAW were reported in Muzon (73 cases) followed by Towerville (56 cases) and Bagong
Buhay III (55 cases). Almost five of ten of the VAW cases in San Jose Del Monte were
violations of RA 9262.
Table 1
Reported Cases of Violence Against Women By Barangay: 2011
No. of CSJDM Kaypian Minuyan Muzon Gumaok Tower- Bagong Francisco Poblacion Fatima
Reported II ville Buhay III Homes
Cases
Rape 32 7 1 5 5 1 3 3 7 0
Attempted
Rape 6 3 0 0 0 1 0 0 2 0
Acts of
lasciviousness 24 2 3 3 2 4 4 2 2 2
Physical
Injuries 88 5 2 18 6 29 17 6 3 2
Violation of
RA 9262 160 16 8 36 20 17 14 29 14 6
Threats 9 1 2 3 0 1 0 0 0 2
Concubinage 9 1 1 1 1 3 1 1 0 0
Sex
Trafficking/ 2 0 1 0 1 0 0 0 0 0
White Slavery
Abduction/
Kidnapping 4 0 0 1 0 0 3 0 0 0
Unjust 1 0 0 0 0 0 0 0 1 0
Vexation
Homicide 7 0 1 0 2 0 2 2 0 0
Frustrated 1 0 0 1 0 0 0 0 0 0
Homicide
Slander 3 0 0 3 0 0 0 0 0 0
Oral 7 1 3 0 0 0 0 1 0 2
Defamation
Parricide/ 1 0 0 0 0 0 0 1 0 0
Frustrated
Maliscious 1 0 0 1 0 0 0 0 0 0
Mischief
No. of CSJDM Kaypian Minuyan Muzon Gumaok Tower- Bagong Francisco Poblacion Fatima
Reported II ville Buhay III Homes
Cases
Illegal 4 0 0 0 0 0 4 0 0 0
Recruitment
Theft 5 0 0 1 0 0 4 0 0 0
Estafa 2 0 0 0 0 0 2 0 0 0
Hold-up 1 0 0 0 0 0 1 0 0 0
Robbery
Total 367 36 22 73 37 56 55 45 29 14
33
Source: San Jose Del Monte Police, Bulacan
The data in Table # 1 indicates the reported cases of violence against women by
barangay which were filed in the proper courts in the year 2011. The total number of cases
filed in court with a total of 367 in 2011 as indicated per Brgy- Kaypian – 36, Minuyan II –
22, Muzon- 73, Gumaok-37, Towerville-56, Bagong Buhay 3 – 55, Francisco Homes – 45,
Poblacion – 29, Fatima -14 specifically indicated as:
34
in court with a total of 367 in 2011 as indicated per Brgy- Kaypian – 36, Minuyan II – 22,
Muzon- 73, Gumaok-37, Towerville-56, Bagong Buhay 3 – 55, Francisco Homes – 45,
Poblacion – 29, Fatima -14.
Table 2
Reported Cases of Violence Against Women by
Age Group and Relation to Perpetrators, CSJDM 2010-2011
The data on Table 2 on the Reported Cases of Violence Against Women by Age
Group in CSJDM 2010-2011 indicates that there were 137 cases filed in 2010 and 119 cases
filed in 2011 with ages within 18-25 yrs of age; 114 cases filed in 2010 and 89 cases filed in
2011 with ages within 26-35 yrs of age; 80 cases filed in 2010 and 74 cases filed in 2011
with ages within 36-45 yrs of age; 49 cases filed in 2010 and 40 cases filed in 2011 with ages
within 46-55 yrs of age; 14 cases filed in 2010 and 29 cases filed in 2011 with ages within 56
and over; 1 case filed in 2010 and 16 cases filed in 2011 with ages with undetermined age.
The data on Table 2 on the Reported Cases of Violence Against Women by their
Relation to Perpetrators indicates that there was a total of 395 cases filed in 2010 and 367
cases filed in 2011 and specifically: 5 cases filed in 2010 and cases 6 cases filed in 2011 in
relation to the father; 159 cases filed in 2010 and 124 cases filed in 2011 in relation to the
35
husband; 8 cases filed in 2010 and 10 cases filed in 2011 in relation to the boyfriend; 21
cases filed in 2010 and 29 cases filed in 2011 in relation to a relative; 21 cases filed in 2010
and 29 cases filed in 2011 with no relation to the victim; 81 cases filed in 2010 and 74 cases
filed in 2011 with a neighbor /acquaintance and 81 cases filed in 2010 and 74 cases filed in
The bulk of the of the VAW surviving SJDM was between the ages of 18-25 years. In
2011, they constituted 32.4 percent of the total abused women , lower than the 34.7 posted in
2010.
They are related to the abused either by marriage or romantic attachments. The most chronic
form of abuse is spousal abuse. About 57.6 percent of such violators were the husbands of the
abused women. Three of every 10 perpetrators of the VAW of CSJDM were the husbands of
Table 3
36
Bladed Instrument 54 59
Hands/Fists/Feet 219 181
Others 97 101
Source: San Jose Del Monte Police, Bulacan
The data on Table 3 indicates that the Reported Cases of Violence Against Women
by substance influence of perpetrators used indicates that there was a total of 395 cases filed
in 2010 and 367 cases filed in 2011 and specifically: 2 cases filed in 2010 and 2 cases filed
in 2011 in relation to drug use; 202 cases filed in 2010 and 168 cases filed in 2011 in relation
to alcohol use; 1 case filed in 2010 and 1 case filed in 2011 with the use of both alcohol and
drugs; 19 cases filed in 2010 and 196 cases filed in 2011 with no substance influence.
The data on Table 3 on the Reported Cases of Violence Against Women by the type
of weapon used indicates that there was a total of 395 cases filed in 2010 and 367 cases
filed in 2011 and specifically: 14 cases filed in 2010 and 15 cases filed in 2011 with the use
of firearm; 11 cases filed in 2010 and 11 cases filed in 2011 with the use of a blunt
instrument; 54 cases filed in 2010 and 59 cases filed in 2011 with the use of a bladed
instrument; 219 cases filed in 2010 and 181 cases filed in 2011 with the use of
hands/fists/feet; 97 cases filed in 2010 and 101 cases filed in 2011 with the use of other .
Men who are the under the influence of alcohol are more likely to harm women. In
2011 alone, four in 10 of the abuses inflicted on women were committed by felons under the
Almost five of every 10 VAW cases in 2007 were committed using the felon’s hands,
fists and feet. The number of felons using their hands, fists and feet to harm women
Table 4
37
Scene of Crime and Status of Disposition – CSJDM 2010-2011
The data on Table 4 indicates that the Reported Cases of Violence Against Women
by scene of the crime indicates that there was a total of 395 cases filed in 2010 and 367
cases filed in 2011 and specifically: 254 cases filed in 2010 and 235 cases filed in 2011
where the crime happened in the house; 6 cases filed in 2010 and 6 cases filed in 2011 where
the crime happened in the motel/inn/hotel ; 135 cases filed in 2010 and 126 case filed in
The data on Table 4 on the Reported Cases of Violence Against Women on the status
of disposition on the cases filed indicates that there was a total of 395 cases filed in 2010
and 367 cases filed in 2011 and specifically: 5 cases filed in 2010 and 12 cases filed in 2011
were given warrants of arrest; 45 cases filed in 2010 and 38 cases filed in 2011 where the
suspects were arrested; 4 cases filed in 2010 and 4 cases filed in 2011 where the perpetrators
were on bail; 229 cases filed in 2010 and 176 cases filed in 2011 where the perpetrators were
still at large; 112 cases filed in 2010 and 137 cases filed in 2011 where the cases were settled
Contrary to belief, the home isn’t the safest place for women anymore. Women are
most likely to be abused at their homes than in any other places outside the confines of their
abode. As in 2010, six of 10 women that were abused in 2011 took place in their own
38
homes, only three for every ten happened in places other than the homes or
hotels/motels/inns.
women . In 2011, almost five of 10 of those being accused of molesting women are still at
Table 5
Level of Awareness on Reported Cases of Violence Against Women
39
maliscious mischief (2.88); illegal recruitment (3.05); theft (3.99); estafa (3.45);
hold-up/robbery (3.98).
Table 6
t h e Level of Awareness on Reported Cases of Violence Against Women by age group the
data indicates that the age group of 18-25 (1.25); 26-35 (3.80); 36-45 (2.58); 46-55
Against Women by relation to perpetrators the data indicates that the relation to father
Table 7
40
Level of Awareness on Reported Cases on the Perpetrators and Type of Weapon Used
substance abuse, drugs (0.25); alcohol (2.58); both (1.78); none (0.45).
v i o l e n c e a g a i n s t w o m e n b y t yp e o f w e a p o n u s e d is 2.85 or much
Women by type of weapon used , firearm (2.35); blunt instrument (2.88); bladed
Table 8
41
Others 3.25 Very Much Aware
Mean Total 3.47 Very Much Aware
Status of Disposition
Warrant of Arrest 3.75 Very Much Aware
Suspect Arrested 3.64 Very Much Aware
On Bail 3.68 Very Much Aware
At Large 3.76 Very Much Aware
Settled 3.98 Very Much Aware
Mean Total 3.76 Very Much Aware
LEGENDS: 3.51 – 4.00 (Very Much Aware); 2.51 – 3.50 (Much Aware); 1.51 – 2.50 ( Aware); 0.51 – 1.50 (Less Aware); 0. 00 – 0.50 (No At Al)
Cases of Violence Against Women as to warrant of arrest (3.75); suspect arrested (3.64); on
DISCUSSION OF RESULTS
The result of the barangay survey shows that physical abuse is the most common form
of violence identified by victims who have approached the barangay for assistance. Physical
abuse as a ground for BPO application surpassed all other forms of abuse covered by RA
9262 – psychological, sexual, and economic – by a considerable margin, the incidence of all
three combined totalling less than the incidence of physical abuse alone. This prevalence of
physical abuse as a ground for the filing of cases and BPO applications may mean two things:
that it is indeed the most common form of violence inflicted on women by perpetrators,
and/or that most applicants remain unaware that non-physical forms of abuse are also covered
42
The barangay officials explained that forms of abuse other than physical, particularly
financial abuse, only come out while the complainants are narrating their stories. In the
consultations, likewise, it is seldom that a client will readily identify sexual, psychological
and financial abuse as part of their experience, even though instances of such will appear in
While it is truly alarming that so many women still experience physical abuse in their
intimate relationships, despite the presence of the Anti-VAWC law and other measures in
place for its prevention, it is an equally distressing fact that until now, the various forms and
acts of violence prohibited and punished under the law remain unrecognized or
officials and the police, as well as the lack in education and information dissemination
Lastly, and quite unfortunately, it may also point to a degree of confusion experienced
by the barangays that responded to the survey. For one, most barangay surveyed indicated
fewer cases filed with them than BPOs they issued, dismissed or settled altogether, whereas
the goal of the particular survey question was to gain an overview of the trend of responses to
BPO applications. There is an apparent lack of familiarity with technical terms used in the
law. For example, in the Bagong Buhay 3 validation, participants said that understanding of
the word “file” means to bring the case to court, while “issue” is to grant or give the BPO.
They explained that when a victim goes to the barangay to ask for a BPO, they usually refer
43
Other than issuing BPOs, barangay officials are required to provide assistance to a
victim-survivor in filing the necessary application for protection in court. Sec. 14 (d) of the
IRR of RA 9262 provides as follows: The BPO shall be issued free of charge. Within twenty
four (24) hours after a BPO is issued, the Punong Barangay, or in her/his absence or inability,
any available Barangay Kagawad shall assist the victim-survivor/petitioner in filing for an
application for a TPO or PPO with the nearest court in the place of residence of the victim-
survivor…. For indigent petitioner, the barangay shall ensure that transportation and other
expenses are provided for in filing for an application for a protection order with the courts.
ensure that a further remedy due the victim-survivor is pursued, be it civil or criminal. Under
this provision, it is the obligation of barangay officials not only to inform the victim survivors
of their right to pursue a case in court, but also to facilitate access to it. In fact, the provision
additionally mandates the barangay to provide financial assistance to those unable to pay for
transportation and other expenses related to the filing of an application with the court.
It is important to note that while the barangay protection order by itself serves as a
sufficient ban against further violent or abuses, it cannot offer any other reliefs outside those
provided in the law. Section 13 of the IRR of RA 9262 limits the reliefs that may be granted
or through another, any of the following acts mentioned in Section 7 (a) and (b) of
The filing of the necessary action in court therefore is essential to ensure that a
victim-survivor of violence may avail of the full gamut of protective issuances available to
44
her legally, either by petitioning for a Temporary or Permanent Protection Order, or by
pursuing a criminal action. The failure of barangay officials to provide assistance in filing
these kinds of cases may be deemed a serious disregard of their obligations under RA 9262,
which puts the victim-survivor at risk because it fails make all possible remedies readily
Very apparent from the foregoing legal framework, data and analysis is the yawning
gap between the intention of the law on RA 9262 and its implementation. Five years from the
enactment of RA 9262 and the availability of a simple and accessible remedy through the
barangay, it is alarming to see that the BPO mechanism has not been fully utilized and has
Instead of serving as a basis for their protection, this crucial means of empowering
victims of domestic violence has been used to compel them to reconcile with their abusers,
and they have repeatedly been refused the assistance that is their right under the law. Through
the validation workshops conducted in the City of San Jose Del Monte, as well as the
the issues presented above. In both the workshops and the survey, lack of information was
Most, if not all, of the issues identified may be attributed to the near-absence of a
effective awareness program, particularly at the barangay level, will address the multiple
45
noncompliance with many of the requirements of the law, and non-recognition of the
could only come from a complete understanding of its basis and purpose. It is quite
particularly in the Katarungang Pambarangay system, after a mere reading of the law. Thus
there needs to be a re-orientation, or an orientation where none has been carried out, as to the
prohibition on conciliating and mediating cases covered by RA 9262 in the context of the
spirit of the law. By enabling barangays to understand the crucial distinction between
ordinary conflicts and cases of VAW, it is hoped that the habit of initiating or compelling the
conciliation between parties will be curbed or altogether stopped. This will entail the
formation of gender sensitive barangay officials and workers who have a keen grasp of the
nature of gender inequality and discrimination, and the function of RA 9262 as a strategic
response to these problems. Other than this, there is also a need to convert anecdotal accounts
of barangays’ various misapplications of the law into actual court or administrative cases.
Litigators should pursue precedent-setting cases, specifically those that would lead to a
Supreme Court decision that rules against barangay officials’ unlawful reconciliation
initiatives.
may also remedy the issue of non-renewal of BPOs due to conflicting interpretations of the
law. Indeed, its only interpretation should be in favor of the women and children it seeks to
protect. If implementers are encouraged to look beyond the letter of the law, and take its
46
silence on the matter of BPO renewal with the true purpose of the remedy in mind, there will
exist no confusion as to whether or not BPOs can be renewed. Of course, another recourse
would be to amend the law or for the DILG to come out with an Opinion on its correct
application. In the meantime, however, information campaigns regarding BPO must include
In conjunction with this effort, the DILG and interested NGOs and POs should also
undertake a massive awareness program for the general public about the existence of the BPO
– as an immediate remedy in incidents of physical violence against women and their children,
and the simple process by which it can be availed. Print, radio and television media appear to
and guestings on radio and television shows could be explored in order to inform the public
about the availability of the protection order. One progressive alternative is the establishment
may simply download forms, receive updates, and get in touch with agencies, groups and
At the local level, this could be complemented with efforts such as poster drives in
common places within the barangay, educational sessions in pulongs or meetings, and
distribution of flyers and other reading materials in vernacular languages that dwell on the
technical and procedural aspects of the BPO. Women's month activities may be maximized as
opportunities for fostering education and building awareness in the barangay. Other than
these, implementers and other stakeholders may come up with innumerable creative ways to
ingrain the Barangay Protection Order in the public consciousness, at the same time helping
47
to do away with the stigma attached to voicing out and confronting incidents of violence
against women.
The immersion of the Bulacan State University- Sarmiento Campus through its
Gender and Development (GAD), Extension Services Office would be of great assistance to
help the Barangay Officials and the women sector to create awareness on the rights of women
and their children against violence through seminars on the subject of the study which would
48
the Academe
Sector
Seminar RA 9262 and RA Brgy Bagong Buhay LGU ( City of LGU, NGA
7610 3 residents: married San Jose Del (GAD fund),
women, solo Monte, Brgy NGOs
parents, senior Narra, ABC),
citizens NGAs (Women’s
Desk, PNP,
DSWD), NGOs
(Rotary Club,
Soroptomist,
Kabababaihan ng
San Jose Del
Monte ) and the
Academe Sector
Seminar RA 9262 and RA Brgy Towerville LGU ( City of LGU, NGA
7610 residents: married San Jose Del (GAD fund),
women, solo Monte, Brgy NGOs
parents, senior Narra, ABC),
citizens NGAs (Women’s
Desk, PNP,
DSWD), NGOs
(Rotary Club,
Soroptomist,
Kabababaihan ng
San Jose Del
Monte) and the
Academe
Sector
Free legal counseling to All the barangays of Public Attorneys DOJ and Org
victims and assistance in filing City of San Jose Del Office and funds
of cases Monte, Bulacan members of the
Integrated Bar of
the Philippines
and the Academe
Sector
Other recommendations
Assistance in filing court cases is among the duties imposed on barangays under RA
9262. Such assistance is supposed to sufficiently supplement the limited reliefs available
through a BPO. However, as observed through the present study, this duty has been largely
neglected – few barangays have taken on the task of going beyond mere issuance and into
49
The first major hurdle in implementing this neglected provision of RA 9262 is the
lack of resources. Funds should be allocated for the VAWC litigation expenses of barangays.
This should not be very difficult as it has been raised in various fora that LGUs are at a loss
on how to utilize their gender and development (GAD) budgets. Barangays should be
provided with clear recommendations and guidelines on how they could access their GAD
funds for this purpose, along with the delivery of other services required under RA 9262 such
other safe place, assisting her in getting her belongings, etc. This recommendation should be
considered along with the earlier proposal for a nationwide barangay training program on
Aside from a continuous and comprehensive education and training program that
would clarify the requirements of law among barangay officials, the immediate issuance of
BPOs would be greatly facilitated by the availability of pro-forma applications and orders
which applicants and barangay officials would only have to fill out and sign. The DILG has
circulated copies of these forms, but there is still a considerable number of barangays that are
completely unfamiliar with what these forms should contain and how they should be
prepared.
victim-survivor resides and where she is located, if she has temporarily moved to protect
herself from further abuse, as well as between the barangay where she is located and where
the perpetrator is located, should they be different, will go a long way in ensuring that the
who have issued BPOs. Along with this, there should also be improved coordination and
partnership between the barangay and the local police so that police assistance will be readily
50
available in case of difficulties in enforcing a BPO. Such efforts at coordination will greatly
enhance the scope, reliability and effectiveness of the Barangay Protection Order.
Geared towards a more efficient and effective system of applying for and providing
BPOs, the researcher hopes that these recommendations will help enable barangays to fulfill
their primary role in protecting victims of violence, and contribute to giving Filipino women
a better and stronger chance of ending the abuses inflicted upon them by obtaining a genuine
The researcher believes that advocacy work does not end with getting a law passed –
ensuring its implementation is an integral part of any advocacy. Thus the same zeal and
persistence that marked the success of lobbying efforts for RA 9262 should also be manifest
in seeing that those accountable under the law perform their functions faithfully. And because
the barangay is the venue closest and most accessible to women-victims and survivors, it is
the bounden duty of both public and private sectors to make sure that our barangays take full
responsibility of their legal mandate to protect victims, curb further incidences of domestic
violence, and be a dominant force in eliminating all forms of violence against women.
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54