Salient Features - RA 9262, 7610, & 7659

FABI, VIRGILIO JR.
Criminal Law 2
20-1-03586 May 14, 2021
Salient Features: R.A. 9262, R.A. 7610, and R.A. 7659
Republic Act No. 9262

➤ Republic Act No. 9262 is known as The Anti-Violence against Women
and their Children Act of 2004. Recognizing "the need to protect the family and
its members particularly women and children from violence and threats to their
personal safety and security".
➤ RA 9262 was signed by former President Gloria Macapagal-Arroyo on March 2, 2004.
➤ Refers to "any act or a series of acts committed by any person against a
woman who is his wife, former wife, or against a woman with whom the person
has or had a sexual or dating relationship, or with whom he has a common child, or
against her child whether legitimate or illegitimate, within or without the family
abode, which result in or is likely to result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of such acts, battery, assault,
coercion, harassment, or arbitrary deprivation of liberty."
➤ It can be committed against a man’s wife, ex-wife, girlfriend, ex-girlfriend, lover, ex-
lover or the woman’s child.
➤Violence against women takes on many forms such as physical violence, sexual
violence, psychological violence and economic abuse. Physical Violence refers to acts that
include bodily or physical harm.
➤ What is the purpose of Vawc? The main important function of the VAWC law is to
safeguard the victim from further harm, minimizing any disruption in the victim's daily life, and
facilitating the opportunity and ability of the victim to independently regain control over her/his
life
➤ RA 9262 gives women and their children the right to file a protection order. A
protection order is "an order issued for the purpose of preventing further acts of violence against
a woman or her child and granting other necessary relief." The protection order "safeguards the
victim from further harm, minimizing any disruption in the victim's daily life and facilitating the
opportunity and ability of the victim to independently regain control over her life."
➤ The types of protection orders that may be issued are: the barangay protection order
(BPO), the temporary protection order (TPO), and the permanent protection order (PPO). For
BPOs, the order is usually issued by the Punong Barangay or Barangay Kagawad. Barangay
officials are expected to "respond immediately to a call for help or request for assistance or
protection of the victim." Likewise, they are expected to "arrest the suspected perpetrator without
a warrant when any of the acts of violence is occurring, or when he/she has personal knowledge
that any act of abuse has just been committed, and there is imminent danger to the life or limb of
the victim."
➤ Barangay official or law enforcer who fails to report the incident shall be liable for a
fine not exceeding P10,000 and/or whenever applicable, criminal, civil, or administrative
liability.
Republic Act No. 7610

➤ Special Protection of Children Against Child Abuse, Exploitation and Discrimination
Act.
➤ This Act provides for stronger deterrence and special protection against child abuse,
exploitation and discrimination. It is divided into 13 Articles and 36 sections.
➤ Article II establishes a program on child abuse, discrimination and exploitation.
➤ Article III, IV, V and VI prohibit trafficking in children, the use of children for
obscene publications and indecent shows, child prostitution, sexual abuse, and other acts of
neglect, cruelty, abuse and exploitation that are prejudicial to the child's development.
➤ Article VII provides sanctions for establishments or enterprises associated with the
above, including their closure for at least one year.
➤ Article VIII regulates the employment of children under the age of 15.
➤ Articles IX and X protect children of indigenous cultural communities, and children in
situations of armed conflict.
➤ Articles XI and XII provide remedial procedures and penalties.
➤ RA 7610, provides special protection to children, which include not only those below
18 years old, but also individuals who are unable to protect themselves from harm due to a
physical or mental disability or condition. The law punishes the sexual abuse of a child in
various forms, including child prostitution, child trafficking, other neglects of cruelty and abuse,
obscene shows and employment of children beyond safe parameters.
➤ Based on the RA 7610 Implementing Rules and Regulations (IRR), “Child abuse”
refers to the infliction of physical or psychological injury, cruelty to, or neglect, sexual abuse or
exploitation of a child. “Cruelty” refers to any act by word or deed which debases,
degrades or demeans the intrinsic worth and dignity of a child as a human
being. Discipline administered by a parent or legal guardian to a child does not
constitute cruelty PROVIDED it is reasonable in manner and moderate in
degree and does not constitute physical or psychological injury as defined
herein. “Physical injury” means harm to a child’s psychological or intellectual
functioning which may be exhibited by severe anxiety, depression, withdrawal
or outward aggressive behavior, or a combination of said behaviors, which may
be demonstrated by a change in behavior, emotional response or cognition.
➤ Any person who shall violate any provision of this Article shall suffer the penalty of a
fine of not less than One thousand pesos (P1,000) but not more than Ten thousand pesos
(P10,000) or imprisonment of not less than three (3) months but not more than three (3) years, or
both at the discretion of the court.

Salient Features - RA 9262, 7610, & 7659

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FABI, VIRGILIO JR.

Salient Features: R.A. 9262, R.A. 7610, and R.A. 7659

Republic Act No. 9262

Republic Act No. 7610

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