SPECIALIZED COURSE FOR WOMEN

AND CHILDREN PROTECTION DESK

(WCPD) OFFICERS

WCPC
 Anti- Violence
Against Women
& their
Children Act of 2004
(RA 9262)
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LEARNING OBJECTIVES:

At the end of this Lesson Plan, the participants will

be able to:
 Explain the salient provisions of Anti-VAWC Act
 Enumerate the role of PNP in handling VAWC cases
 Define Protection Order
 Discuss different kinds of protection orders
 Recognize the duties of barangay officials and law
enforcers in enforcing the protection order
 Identify the role of law enforcers in implementing
protective custody of children

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PNP’S INVOLVEMENT
IN THE PUNCH-DRUNK
LOVE: FIGHTING
VIOLENCE AGAINST
WOMEN AND THEIR
CHILDREN THROUGH
R.A. 9262

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 OUTLINE
 Introduction
 The Offended Party
 The Offender
 Forms of Violence under RA 9262
 The Punishable Acts
 Remedies Available to the Offended Party
 Who may file a petition for protection order
 Venue of complaint
 Duties of the Filipino Police Officer
 Protecting the Filipino Police Officer in the line of Duty
 The Test

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THE OFFENDED PARTY
THE WOMAN
THE CHILD

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THE OFFENDER
THE HUSBAND, THE LOVER AND THE EX ,
THE CONSPIRATORS

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TAN VS. TAN, G.R. NO. 168852,
SEPTEMBER 30, 2008
 Even parents-in-law may be held liable under
the provisions of RA 9262.

 The law expressly recognizes that the acts of

violence against women and their children
may be committed by an offender through
another.
 

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 (h) Engaging in purposeful, knowing, or reckless
conduct, personally or through another, that
alarms or causes substantial emotional or
psychological distress to the woman or her
child. xxx xxx (Sec. 5, h of RA 9262)
 A protection order may be issued prohibiting

 the respondent from threatening to commit or

committing, personally or through another, any
of the acts mentioned in Section 5 of this Act.
(Sec. 8 of RA 9262).
 the respondent from harassing, annoying,
telephoning, contacting or otherwise
communicating with the petitioner, directly or
indirectly;
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FORMS OF VIOLENCE

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PHYSICAL ABUSE

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SEXUAL ABUSE

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PSYCHOLOGICAL ABUSE

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ECONOMIC ABUSE

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 THE PUNISHABLE ACTS: PHYSICAL ABUSE OR
THREATS TO DO SO

(a) Causing physical harm to the woman or her child;

(b) Threatening to cause the woman or her child

physical harm;

(c) Attempting to cause the woman or her child

physical harm;

 (d) Placing the woman or her child in fear of

imminent physical harm;
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 CONTROL AND/OR RESTRICTIONS ON
RIGHTS
WHICH INCLUDE, BUT NOT LIMITED TO -
(1) Threatening to deprive or actually depriving the woman or her
child of custody to her/his family;

(2) Depriving or threatening to deprive the woman or her children

of financial support legally due her or her family, or deliberately
providing the woman's children insufficient financial support;
 
(3) Depriving or threatening to deprive the woman or her child of a
legal right; and
 
(4) Preventing the woman in engaging in any legitimate profession,
occupation, business or activity or controlling the victim's own
money or properties, or solely controlling the conjugal or
common money, or properties.

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PSYCHOLOGICAL AND SEXUAL ABUSE
 (f) Inflicting or threatening to inflict physical
harm on oneself for the purpose of controlling
her actions or decisions;

 (g) Causing or attempting to cause the woman

or her child to engage in any sexual activity
which does not constitute rape, by force or
threat of force, physical harm, or through
intimidation directed against the woman or her
child or her/his immediate family;

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 PSYCHOLOGICAL DISTRESS..
(1) Stalking or following the woman or her child in public
or private places;

(2) Peering in the window or lingering outside the

residence of the woman or her child;

(3) Entering or remaining in the dwelling or on the

property of the woman or her child against her/his will;

(4) Destroying the property and personal belongings or

inflicting harm to animals or pets of the woman or her
child; and
(5) Engaging in any form of harassment or violence.
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OTHER ACTS OF ABUSE
 (i) Causing mental or emotional anguish,
public ridicule or humiliation to the woman
or her child, including, but not limited to,
repeated verbal and emotional abuse, and
denial of financial support or custody of
minor children of access to the woman's
child/children.

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REMEDIES AVAILABLE TO
THE VICTIMS

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 REMEDIES AVAILABLE TO
VICTIMS
1. Filing of a criminal action;

Violence against women and their children is a

public offense. It may be prosecuted upon the
filing of a complaint by any citizen having personal
knowledge of the circumstances involving the
commission of the crime.

The provisions on protection orders shall be

applicable in impliedly instituted with the criminal
actions involving violence against women and their
children.
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REMEDIES…
2. A Complaint filed with the barangay unit for
the issuance of a Barangay protection order

3. A Civil Complaint filed with the courts for the

issuance of a temporary protection order
(TPO) and/or a Permanent Protection Order
(PPO)

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WHAT IS A PROTECTION
ORDER?

 One issued for the purpose of preventing

further acts of violence against a woman
or her child specified in Section 5 of the
Anti-VAWC Act and granting other
necessary reliefs

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 The issuance or pending application of a BPO does
not prevent the complainant from applying for the
court from granting a TPO or PPO.

 But, the filing of this petition by the offended

party suspends the right of all authorized parties
to file similar petitions.

 A petition filed by the offended party after the

filing of a similar petition by the authorized party
shall not be dismissed, but shall be consolidated
with the petition filed earlier.

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 WHO MAY APPLY FOR A
PROTECTION ORDER?
(a) The offended party;
 
(b) Parents or guardians of the offended party;
 
(c) Ascendants, descendants or collateral relatives within the fourth civil degree of
consanguinity or affinity;
 
(d) Officers or social workers of the DSWD or social workers of local government
units (LGUs);
 
(e) Police officers, preferably those in charge of women and children's desks;
 
(f) Punong Barangay or Barangay Kagawad;
 
(g) Lawyer, counselor, therapist or healthcare provider of the petitioner;
 
(h) At least two (2) concerned responsible citizens of the city or municipality where
the violence against women and their children occurred and who has personal
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WHERE SHALL THE
APPLICATION BE FILED?
For BPO:

 If between persons actually residing in the

same barangay - before the lupon of said
barangay.

 If between actual residents of different

barangays within the same city or municipality
shall be brought in the barangay where the
respondent or any of the respondents actually
resides, at the election of the complainant.

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CIVIL COMPLAINT FOR APPLICATION
OF TPO AND/OR PPO

 Must be filed before the family court where

the petitioner resides, but in the absence
thereof, the Regional Trial Court, Municipal
Trial Court, Metropolitan Trial Court, or
Municipal Circuit Trial Court therein.

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 LIFE DURATION OF PROTECTION
ORDERS
 BPO issued by is effective for 15 days and
can be ex-parte proceedings

 TPO issued by Court on the day case is

filed, 30 days life, ex-parte proceedings,
court priority.

 PPO is issued after notice of Hearing ,

court priority over other cases.
CRIMINAL COMPLAINT

 Must be filed in the place where any of the

essential elements of the crime was
committed.

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DUTIES OF THE PNP

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 HE /SHE MAY FILE THE APPLICATION
OF THE PROTECTION ORDER
• The petition must be:
– In writing;
– Signed; and
– Verified under oath by him.

• A standard protection order application form shall contain,

among others:
– Names and addresses of petitioner and respondent;
– Description of relationship between petitioner and
respondent;
– A statement of the circumstances of the abuse;
– Description of the reliefs requested by petitioner, as provided
in Section 8 of the Act;
– Request for counsel and reasons for such;
– Request for waiver of application fees until hearing; and
– An attestation that there is no pending application for a
protection order in another court.

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HE/SHE MAY FILE THE APPLICATION
OF THE PROTECTION ORDER
 Since the policeman filing the same is not the victim,
he must accompany his application with his affidavit,
attesting to the (1) circumstances of the abuse
suffered by the victim and (2) circumstances of
consent given by the victim in the filing of the
application.

 When the disclosure of the victim’s address will pose a

danger to her life, the policeman shall state such fact.
In this case, he shall attest that the victim resides in
the municipality or city over which the court has
territorial jurisdiction, and shall provide a mailing
address for purposes of service processing.

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THE CRIMINAL COMPLAINT
 
 Violence against women and their children is
a public offense. It may be prosecuted upon
the filing of a complaint by any citizen
having personal knowledge of the
circumstances involving the commission of
the crime
 

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 WHAT MUST BE ALLEGED IN THE
CRIMINAL COMPLAINT
 the names of all the accused;
 
 the designation of the offense given by the statute;
 
 the acts or omissions complained of as constituting the
offense;
 
 the name of the offended party;
 
 the approximate date of the commission of the offense;
and
 
 the place where the offense
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ALLEGATIONS….
 If the name and surname of the accused or any
appellation or nickname by which he has been or is
known. If his name cannot be ascertained, he must be
described under a fictitious name with a statement
that his true name is unknown.

 The complaint or information shall state the

designation of the offense given by the statute, aver
the acts or omissions constituting the offense, and
specify its qualifying and aggravating circumstances. If
there is no designation of the offense, reference shall
be made to the section or subsection of the statute
punishing it.
 
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ALLEGATIONS ….
 The complaint or information is sufficient if
it can be understood from its allegations that
the offense was committed or some of its
essential ingredients occurred at some place
within the jurisdiction of the court, unless
the particular place where it was committed
constitutes an essential element of the
offense charged or is necessary for its
identification

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PROTECTING THE POLICEMAN
IN THE LINE OF DUTY

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HE MUST BE FREE FROM ANY LIABILITY
IN THE EXERCISE OF HIS DUTIES
 In every case of violence against
women and their children, a police
authority acting in accordance with
the law, among others, responds
without using violence or restraint
greater than is necessary to ensure
the victim’s safety, shall not be liable
for any criminal, civil, or
administrative liability resulting
therefrom.

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LIPS SEALED…CONFIDENTIALITY MANDATE
SECTION 44. RA 9262. CONFIDENTIALITY. –
 
ALL RECORDS PERTAINING TO CASES OF VIOLENCE AGAINST WOMEN AND THEIR CHILDREN INCLUDING THOSE IN THE BARANGAY SHALL BE CONFIDENTIAL AND ALL PUBLIC OFFICERS AND EMPLOYEES AND PUBLIC OR PRIVATE CLINICS TO
HOSPITALS SHALL RESPECT THE RIGHT TO PRIVACY OF THE VICTIM.
WHOEVER PUBLISHES OR CAUSES TO BE PUBLISHED, IN ANY FORMAT, THE NAME, ADDRESS, TELEPHONE NUMBER, SCHOOL, BUSINESS ADDRESS, EMPLOYER, OR OTHER IDENTIFYING INFORMATION OF A VICTIM OR AN IMMEDIATE FAMILY
MEMBER, WITHOUT THE LATTER'S CONSENT, SHALL BE LIABLE TO THE CONTEMPT POWER OF THE COURT.
 ART. 230, REVISED PENAL
CODE
 Art. 230. Public officer revealing secrets of
private individual. - Any public officer to whom
the secrets of any private individual shall
become known by reason of his office who shall
reveal such secrets, shall suffer the penalties of
arresto mayor and a fine not exceeding 1,000
pesos.”

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VIOLATION OF THE CONFIDENTIALITY
MANDATE (RA 9262):

ONE (1) YEAR

IMPRISONMENT

PLUS A FINE OF NOT

MORE THAN
P500,000.00
THE WAIVER

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WCPC
Dante and Lilian are estranged already. Dante lives in a condominium in Paranaque City.
Lilian and their daughter, Monica, occupy the conjugal home in Pasig City.

On May 27, 2011, the village security saw Dante enter the village. Judging by the zigzagging
of
the X-Trail that he was driving, it was obvious that Dante Sta. Maria is drunk.

A few minutes passed before the phone at the guardhouse rang. Mrs. Lilian Sta. Maria is
asking
for security assistance. When they arrived at the Sta. Maria residence, they witnessed Dante
grabbed and dragged Monica by the hair. Lilian embraced Monica to protect her from her
husband. Dante ran to his X-Trail and took out a golf club. Before he could hit Mrs. Sta. Maria
with it, the village security guards were by his side already. After assuring him that no incident
report would be filed, the guards finally convinced Dante to leave the village.

The following day, around 3PM, the village security called the police station for police back
up.
Dante has returned in the village. He was shouting in front of the Sta. Maria residence. Mother
and daughter have locked themselves inside the house. “Get out of here, Lillian. I will smash
your face so no man would ever look your way,” he shouted. Then using his golf club, he
broke the glass windows of the house. Village security watched helplessly. They could not get
near Dante who threatened to smash the skull of anyone brave enough to approach him.

Mrs. Santa and the village guards went to the police station to report the matter.

Prepare a petition for barangay protection order.

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PHOTO SOURCES
 http://1.bp.blogspot.com/_Id2cWkgG4SU/S81RZiwq1LI/AAAAAAAAAB4/9is8k
-Bt3Cw/s1600/men-of-quality-women-rights.jpg
 http://kimberlykinrade.com/wp-content/uploads/abused-woman.jpg
 http://images.sodahead.com/polls/000096497/polls_iStock_000002132845XS
mall_0146_880629_answer_2_xlarge.jpeg
 http://www.chinapost.com.tw/news_images/20080226/p1b.jpg
 http://divorceinsight.com/wp-
content/uploads/2010/12/1.jpghttp://www.sciencephoto.com/image/268702/
350wm/M3750136-Sexual_abuse-SPL.jpg
 http://3.bp.blogspot.com/_8AjIRhCXQ14/TP-rmMBs-
vI/AAAAAAAAAAM/dla7FglAoVo/s1600/child-abuse.jpg
 http://outsourceme.biz/myups/test.gif
 http://www.howinfonow.com/imagestopten/mother-in-law.jpg
 http://www.shepherdsrestministries.com/images/dv003.jpg
 http://swotsoccer.net/documents/WaiverPic.jpg
 http://cdn.wn.com/pd/73/33/ea017052353f0346c35a123a46bc_grande.jpg\
 http://27.media.tumblr.com/tumblr_l7x46fP7o71qc8tv2o1_500.jpg
 http://apollokidz.com/wp-content/uploads/2011/03/r_domestic_violence2.jpg

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KEY LEARNING POINTS:

 
 The offended party
 The offender
 Forms of violence
 Punishable acts
 Remedies available
 Who may file a PPO
 Venue
 Duties of the PNP
 Protecting the PNP in the line of duty
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