Law Summary
Declaration of Policies
- State guarantees respect for human rights of women and children.
- Recognizes the need to protect family members from violence.
- Complies with international human rights instruments like UDHR, CEDAW, CRC.
Construction
- Rules are liberally construed to prioritize protection and safety of victims.
- Doubts resolved in favor of women and children victims.
Definitions
- Covers acts of physical, sexual, psychological violence and economic abuse.
- Defines terms such as "Dating Relationship", "Safe Place", "Battered Woman Syndrome", "Stalking", and more related to violence against women and children.
Punishable Acts
- VAWC considered a public crime.
- Specific acts punishable include causing or threatening physical harm, sexual violence, psychological abuse, economic deprivation, stalking, and harassment.
- Penalties vary from arresto mayor to imprisonment depending on severity.
- Prescriptive periods are 20 years for serious acts, 10 for others.
- Family Courts with jurisdiction over VAWC cases.
Protection Orders
- Victims may obtain Barangay Protection Orders (BPO), Temporary Protection Orders (TPO), or Permanent Protection Orders (PPO).
- BPOs issued ex parte by barangay officials and effective for 15 days.
- TPOs issued by courts and effective for 30 days pending PPO hearing.
- PPOs issued after notice and hearing, effective until revoked.
- Reliefs include protection from violence, exclusion of respondent from residence, custody of children, support orders, firearm prohibition, restitution, shelter, and more.
- Violation of protection orders punishable by imprisonment, contempt of court, or fines.
Legal Remedies for Victims
- Battered Woman Syndrome recognized as a defense.
- Alcohol or drug influence not a defense.
- Victims entitled to custody and support for children.
- Civil damages available including moral and exemplary damages.
- Hold departure orders and exemption from court fees for indigent victims.
Mandatory Services and Entitlements
- Rights of victims include respect, legal assistance, support services, and information.
- Government agencies provide emergency shelter, counseling, livelihood training, medical assistance, and rehabilitation programs for victims and offenders.
- Ten-day paid leave for employed victims during legal proceedings.
Protection for Service Providers and Respondents
- Persons intervening in VAWC cases acting within law are exempt from liability.
- Confidentiality of service providers protected.
- Rights of persons arrested or detained upheld as per Constitution and laws.
Duties of Government Agencies
- Detailed responsibilities for prosecutors, barangay officials, police, healthcare providers, and various government agencies including DSWD, DOJ, PNP, DOH, DOLE, NCRFW, NBI, CHR, CSC, DepEd, DILG, BJMP, CHED, NCIP, OMA, PIA, TESDA.
- Tasks include education, investigation, prosecution, shelter, counseling, data monitoring, and capacity building.
Capacity Building
- Mandatory training for personnel handling VAWC on legal rights, investigation, and victim support.
Confidentiality
- Strict confidentiality provisions banning media disclosure of victim identity without consent.
- Closed-door investigations and protected privacy.
- Penalties for violations include imprisonment and fines.
Funding
- Agencies to include budgets for VAWC programs in annual appropriations.
- Gender and Development budgets may be used interim.
- LGUs to tap 20% Development Fund for VAWC.
Final Provisions
- Separability clause to uphold valid provisions if others invalidated.
- Repealing clause cancels conflicting laws or regulations.
- Implementing Rules effective 15 days after publication in two newspapers of general circulation.