Republic Act 9262

Anti-Violence Against Women and Their Children Act of 2004

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"THE ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004"

SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence Against
Women and Their Children Act of 2004."

SECTION 2. Declaration of Policy.- It is hereby declared that the State values the dignity
of women and children and guarantees full respect for human rights. The State also
recognizes the need to protect the family and its members particularly women and children,
from violence and threats to their personal safety and security.

Towards this end, the State shall exert efforts to address violence committed against
women and children in keeping with the fundamental freedoms guaranteed under the
Constitution and the Provisions of the Universal Declaration of Human Rights, the
convention on the Elimination of all forms of discrimination Against Women, Convention on
the Rights of the Child and other international human rights instruments of which the
Philippines is a party.

SECTION 3. Definition of Terms.- As used in this Act:

(a) "Violence against women and their children" 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 includes, but is not limited to, the following
acts:

A. "Physical Violence" refers to acts that include bodily or physical harm;

B. "Sexual violence" refers to an act which is sexual in nature, committed against a

woman or her child. It includes, but is not limited to:

a) Rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex
object, making demeaning and sexually suggestive remarks, physically attacking the sexual
parts of the victim's body, forcing her/him to watch obscene publications and indecent
shows or forcing the woman or her child to do indecent acts and/or make films thereof,
forcing the wife and mistress/lover to live in the conjugal home or sleep together in the
same room with the abuser;
b) Acts causing or attempting to cause the victim to engage in any sexual activity by force,
threat of force, physical or other harm or threat of physical or other harm or coercion;

c) Prostituting the woman or child.

C. "Psychological violence" refers to acts or omissions causing or likely to cause mental

or emotional suffering of the victim such as but not limited to intimidation, harassment,
stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and
marital infidelity. It includes causing or allowing the victim to witness the physical, sexual or
psychological abuse of a member of the family to which the victim belongs, or to witness
pornography in any form or to witness abusive injury to pets or to unlawful or unwanted
deprivation of the right to custody and/or visitation of common children.

D. "Economic abuse" refers to acts that make or attempt to make a woman financially
dependent which includes, but is not limited to the following:

1. Withdrawal of financial support or preventing the victim from engaging in any legitimate
profession, occupation, business or activity, except in cases wherein the other
spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the
Family Code;

2. Deprivation or threat of deprivation of financial resources and the right to the use and
enjoyment of the conjugal, community or property owned in common;

3. Destroying household property;

4. Controlling the victims' own money or properties or solely controlling the conjugal money
or properties.

(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child
resulting to the physical and psychological or emotional distress.

(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of

psychological and behavioral symptoms found in women living in battering relationships as
a result of cumulative abuse.

(d) "Stalking" refers to an intentional act committed by a person who, knowingly and
without lawful justification follows the woman or her child or places the woman or her child
under surveillance directly or indirectly or a combination thereof.

(e) "Dating relationship" refers to a situation wherein the parties live as husband and
wife without the benefit of marriage or are romantically involved over time and on a
continuing basis during the course of the relationship. A casual acquaintance or ordinary
socialization between two individuals in a business or social context is not a dating
relationship.
(f) "Sexual relations" refers to a single sexual act which may or may not result in the
bearing of a common child.

(g) "Safe place or shelter" refers to any home or institution maintained or managed by
the Department of Social Welfare and Development (DSWD) or by any other agency or
voluntary organization accredited by the DSWD for the purposes of this Act or any other
suitable place the resident of which is willing temporarily to receive the victim.

(h) "Children" refers to those below eighteen (18) years of age or older but are incapable
of taking care of themselves as defined under Republic Act No. 7610. As used in this Act, it
includes the biological children of the victim and other children under her care.

SECTION 4. Construction.- This Act shall be liberally construed to promote the protection
and safety of victims of violence against women and their children.

SECTION 5. Acts of Violence Against Women and Their Children.- The crime of
violence against women and their children is committed through any of the following acts:

(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;

(e) Attempting to compel or compelling the woman or her child to engage in conduct which
the woman or her child has the right to desist from or desist from conduct which the woman
or her child has the right to engage in, or attempting to restrict or restricting the woman's
or her child's freedom of movement or conduct by force or threat of force, physical or other
harm or threat of physical or other harm, or intimidation directed against the woman or
child. This shall include, but not limited to, the following acts committed with the purpose or
effect of controlling or restricting the woman's or her child's movement or conduct:

(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 mon4ey or properties, or solely controlling the
conjugal or common money, or properties.
(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;

(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. This shall include, but not be limited to, the following acts:

(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.

(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.

SECTION 6. Penalties.- The crime of violence against women and their children, under
Sec. 5 hereof shall be punished according to the following rules:

(a) Acts falling under Sec. 5(a) constituting attempted, frustrated or consummated parricide
or murder or homicide shall be punished in accordance with the provisions of the Revised
Penal Code;

If these acts resulted in mutilation, it shall be punishable in accordance with the Revised
Penal Code; those constituting serious physical injuries shall have the penalty of prison
mayor; those constituting less serious physical injuries shall be punished by prision
correccional; and those constituting slight physical injuries shall be punished by arresto
mayor;

Acts falling under Sec. 5(b) shall be punished by imprisonment of two degrees lower than
the prescribed penalty for the consummated crime as specified in the preceding paragraph
but shall in no case be lower than arresto mayor;

(b) Acts falling under Sec. 5(c) and 5(d) shall be punished by arresto mayor;
(c) Acts falling under Sec. 5(e) shall be punished by prision correccional;

(d) Acts falling under Sec. 5(f) shall be punished by arresto mayor;

(e) Acts falling under Sec. 5(g) shall be punished by prision mayor;

(f) Acts falling under Sec. 5(h) and Sec. 5(i) shall be punished by prision mayor.

If the acts are committed while the woman or child is pregnant or committed in the
presence of her child, the penalty to be applied shall be the maximum period of penalty
prescribed in the Sec.

In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less
than One hundred thousand pesos (P100,000.00) but not more than three hundred
thousand pesos (300,000.00); (b) undergo mandatory psychological counseling or
psychiatric treatment and shall report compliance to the court.

SECTION 7. Venue.- The Regional Trial Court designated as a Family Court shall have
original and exclusive jurisdiction over cases of violence against women and their children
under this law. In the absence of such court in the place where the offense was committed,
the case shall be filed in the Regional Trial Court where the crime or any of its elements was
committed at the option of the compliant.

SECTION 8. Protection Orders.- A protection order is an order issued under this act for
the purpose of preventing further acts of violence against a woman or her child specified in
Sec. 5 of this Act and granting other necessary relief. The relief granted under a protection
order serve the purpose of safeguarding 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 provisions of the protection order shall be
enforced by law enforcement agencies. The protection orders that may be issued under this
Act are the barangay protection order (BPO), temporary protection order (TPO) and
permanent protection order (PPO). The protection orders that may be issued under this Act
shall include any, some or all of the following reliefs:

(a) Prohibition of the respondent from threatening to commit or committing, personally or

through another, any of the acts mentioned in Sec. 5 of this Act;

(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or

otherwise communicating with the petitioner, directly or indirectly;

(c) Removal and exclusion of the respondent from the residence of the petitioner,
regardless of ownership of the residence, either temporarily for the purpose of protecting
the petitioner, or permanently where no property rights are violated, and if respondent
must remove personal effects from the residence, the court shall direct a law enforcement
agent to accompany the respondent has gathered his things and escort respondent from the
residence;
(d) Directing the respondent to stay away from petitioner and designated family or
household member at a distance specified by the court, and to stay away from the
residence, school, place of employment, or any specified place frequented by the petitioner
and any designated family or household member;

(e) Directing lawful possession and use by petitioner of an automobile and other essential
personal effects, regardless of ownership, and directing the appropriate law enforcement
officer to accompany the petitioner to the residence of the parties to ensure that the
petitioner is safely restored to the possession of the automobile and other essential personal
effects, or to supervise the petitioner's or respondent's removal of personal belongings;

(f) Granting a temporary or permanent custody of a child/children to the petitioner;

(g) Directing the respondent to provide support to the woman and/or her child if entitled to
legal support. Notwithstanding other laws to the contrary, the court shall order an
appropriate percentage of the income or salary of the respondent to be withheld regularly
by the respondent's employer for the same to be automatically remitted directly to the
woman. Failure to remit and/or withhold or any delay in the remittance of support to the
woman and/or her child without justifiable cause shall render the respondent or his
employer liable for indirect contempt of court;

(h) Prohibition of the respondent from any use or possession of any firearm or deadly
weapon and order him to surrender the same to the court for appropriate disposition by the
court, including revocation of license and disqualification to apply for any license to use or
possess a firearm. If the offender is a law enforcement agent, the court shall order the
offender to surrender his firearm and shall direct the appropriate authority to investigate on
the offender and take appropriate action on matter;

(i) Restitution for actual damages caused by the violence inflicted, including, but not limited
to, property damage, medical expenses, childcare expenses and loss of income;

(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and

(k) Provision of such other forms of relief as the court deems necessary to protect and
provide for the safety of the petitioner and any designated family or household member,
provided petitioner and any designated family or household member consents to such relief.

Any of the reliefs provided under this Sec. shall be granted even in the absence of a decree
of legal separation or annulment or declaration of absolute 'ity of marriage.

The issuance of a BPO or the pendency of an application for BPO shall not preclude a
petitioner from applying for, or the court from granting a TPO or PPO.

SECTION 9. Who may file Petition for Protection Orders. – A petition for protection
order may be filed by any of the following:

(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 knowledge of the
offense committed.

SECTION 10. Where to Apply for a Protection Order. – Applications for BPOs shall
follow the rules on venue under Sec. 409 of the Local Government Code of 1991 and its
implementing rules and regulations. An application for a TPO or PPO may be filed in the
regional trial court, metropolitan trial court, municipal trial court, municipal circuit trial court
with territorial jurisdiction over the place of residence of the petitioner: Provided, however,
That if a family court exists in the place of residence of the petitioner, the application shall
be filed with that court.

SECTION 11. How to Apply for a Protection Order. – The application for a protection
order must be in writing, signed and verified under oath by the applicant. It may be filed as
an independent action or as incidental relief in any civil or criminal case the subject matter
or issues thereof partakes of a violence as described in this Act. A standard protection order
application form, written in English with translation to the major local languages, shall be
made available to facilitate applications for protections order, and shall contain, among
other, the following information:

(a) names and addresses of petitioner and respondent;

(b) description of relationships between petitioner and respondent;

(c) a statement of the circumstances of the abuse;

(d) description of the reliefs requested by petitioner as specified in Sec. 8 herein;

(e) request for counsel and reasons for such;

(f) request for waiver of application fees until hearing; and

(g) an attestation that there is no pending application for a protection order in another
court.

If the applicants is not the victim, the application must be accompanied by an affidavit of
the applicant attesting to (a) the circumstances of the abuse suffered by the victim and (b)
the circumstances of consent given by the victim for the filling of the application. When
disclosure of the address of the victim will pose danger to her life, it shall be so stated in the
application. In such a case, the applicant shall attest that the victim is residing in the
municipality or city over which court has territorial jurisdiction, and shall provide a mailing
address for purpose of service processing.

An application for protection order filed with a court shall be considered an application for
both a TPO and PPO.

Barangay officials and court personnel shall assist applicants in the preparation of the
application. Law enforcement agents shall also extend assistance in the application for
protection orders in cases brought to their attention.

SECTION 12. Enforceability of Protection Orders. – All TPOs and PPOs issued under
this Act shall be enforceable anywhere in the Philippines and a violation thereof shall be
punishable with a fine ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand
Pesos (P50,000.00) and/or imprisonment of six (6) months.

SECTION 13. Legal Representation of Petitioners for Protection Order. – If the

woman or her child requests in the applications for a protection order for the appointment of
counsel because of lack of economic means to hire a counsel de parte, the court shall
immediately direct the Public Attorney's Office (PAO) to represent the petitioner in the
hearing on the application. If the PAO determines that the applicant can afford to hire the
services of a counsel de parte, it shall facilitate the legal representation of the petitioner by
a counsel de parte. The lack of access to family or conjugal resources by the applicant, such
as when the same are controlled by the perpetrator, shall qualify the petitioner to legal
representation by the PAO.

However, a private counsel offering free legal service is not barred from representing the
petitioner.

SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. -
Barangay Protection Orders (BPOs) refer to the protection order issued by the Punong
Barangay ordering the perpetrator to desist from committing acts under Sec. 5 (a) and (b)
of this Act. A Punong Barangay who receives applications for a BPO shall issue the
protection order to the applicant on the date of filing after ex parte determination of the
basis of the application. If the Punong Barangay is unavailable to act on the application for a
BPO, the application shall be acted upon by any available Barangay Kagawad. If the BPO is
issued by a Barangay Kagawad the order must be accompanied by an attestation by the
Barangay Kagawad that the Punong Barangay was unavailable at the time for the issuance
of the BPO. BPOs shall be effective for fifteen (15) days. Immediately after the issuance of
an ex parte BPO, the Punong Barangay or Barangay Kagawad shall personally serve a copy
of the same on the respondent, or direct any barangay official to effect is personal service.
The parties may be accompanied by a non-lawyer advocate in any proceeding before the
Punong Barangay.

SECTION 15. Temporary Protection Orders. – Temporary Protection Orders (TPOs)

refers to the protection order issued by the court on the date of filing of the application after
ex parte determination that such order should be issued. A court may grant in a TPO any,
some or all of the reliefs mentioned in this Act and shall be effective for thirty (30) days.
The court shall schedule a hearing on the issuance of a PPO prior to or on the date of the
expiration of the TPO. The court shall order the immediate personal service of the TPO on
the respondent by the court sheriff who may obtain the assistance of law enforcement
agents for the service. The TPO shall include notice of the date of the hearing on the merits
of the issuance of a PPO.

SECTION 16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers
to protection order issued by the court after notice and hearing.

Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-
availability of his lawyer shall not be a ground for rescheduling or postponing the hearing on
the merits of the issuance of a PPO. If the respondents appears without counsel on the date
of the hearing on the PPO, the court shall appoint a lawyer for the respondent and
immediately proceed with the hearing. In case the respondent fails to appear despite proper
notice, the court shall allow ex parte presentation of the evidence by the applicant and
render judgment on the basis of the evidence presented. The court shall allow the
introduction of any history of abusive conduct of a respondent even if the same was not
directed against the applicant or the person for whom the applicant is made.

The court shall, to the extent possible, conduct the hearing on the merits of the issuance of
a PPO in one (1) day. Where the court is unable to conduct the hearing within one (1) day
and the TPO issued is due to expire, the court shall continuously extend or renew the TPO
for a period of thirty (30) days at each particular time until final judgment is issued. The
extended or renewed TPO may be modified by the court as may be necessary or applicable
to address the needs of the applicant.

The court may grant any, some or all of the reliefs specified in Sec. 8 hereof in a PPO. A
PPO shall be effective until revoked by a court upon application of the person in whose favor
the order was issued. The court shall ensure immediate personal service of the PPO on
respondent.

The court shall not deny the issuance of protection order on the basis of the lapse of time
between the act of violence and the filing of the application.

Regardless of the conviction or acquittal of the respondent, the Court must determine
whether or not the PPO shall become final. Even in a dismissal, a PPO shall be granted as
long as there is no clear showing that the act from which the order might arise did not exist.

SECTION 17. Notice of Sanction in Protection Orders. – The following statement must
be printed in bold-faced type or in capital letters on the protection order issued by the
Punong Barangay or court:
"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."

SECTION 18. Mandatory Period For Acting on Applications For Protection Orders –
Failure to act on an application for a protection order within the reglementary period
specified in the previous Sec. without justifiable cause shall render the official or judge
administratively liable.

SECTION 19. Legal Separation Cases. – In cases of legal separation, where violence as
specified in this Act is alleged, Article 58 of the Family Code shall not apply. The court shall
proceed on the main case and other incidents of the case as soon as possible. The hearing
on any application for a protection order filed by the petitioner must be conducted within
the mandatory period specified in this Act.

SECTION 20. Priority of Application for a Protection Order. – Ex parte and adversarial
hearings to determine the basis of applications for a protection order under this Act shall
have priority over all other proceedings. Barangay officials and the courts shall schedule and
conduct hearings on applications for a protection order under this Act above all other
business and, if necessary, suspend other proceedings in order to hear applications for a
protection order.

SECTION 21. Violation of Protection Orders. – A complaint for a violation of a BPO

issued under this Act must be filed directly with any municipal trial court, metropolitan trial
court, or municipal circuit trial court that has territorial jurisdiction over the barangay that
issued the BPO. Violation of a BPO shall be punishable by imprisonment of thirty (30) days
without prejudice to any other criminal or civil action that the offended party may file for
any of the acts committed.

A judgement of violation of a BPO ma be appealed according to the Rules of Court. During

trial and upon judgment, the trial court may motu proprio issue a protection order as it
deems necessary without need of an application.

Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt of
court punishable under Rule 71 of the Rules of Court, without prejudice to any other
criminal or civil action that the offended party may file for any of the acts committed.

SECTION 22. Applicability of Protection Orders to Criminal Cases. – The foregoing

provisions on protection orders shall be applicable in impliedly instituted with the criminal
actions involving violence against women and their children.

SECTION 23. Bond to Keep the Peace. – The Court may order any person against whom
a protection order is issued to give a bond to keep the peace, to present two sufficient
sureties who shall undertake that such person will not commit the violence sought to be
prevented.

Should the respondent fail to give the bond as required, he shall be detained for a period
which shall in no case exceed six (6) months, if he shall have been prosecuted for acts
punishable under Sec. 5(a) to 5(f) and not exceeding thirty (30) days, if for acts punishable
under Sec. 5(g) to 5(i).
The protection orders referred to in this Sec. are the TPOs and the PPOs issued only by the
courts.

SECTION 24. Prescriptive Period. – Acts falling under Sec.s 5(a) to 5(f) shall prescribe in
twenty (20) years. Acts falling under Sec.s 5(g) to 5(i) shall prescribe in ten (10) years.

SECTION 25. Public Crime. – Violence against women and their children shall be
considered a public offense which may be prosecuted upon the filing of a complaint by any
citizen having personal knowledge of the circumstances involving the commission of the
crime.

SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are

found by the courts to be suffering from battered woman syndrome do not incur any
criminal and civil liability notwithstanding the absence of any of the elements for justifying
circumstances of self-defense under the Revised Penal Code.

In the determination of the state of mind of the woman who was suffering from battered
woman syndrome at the time of the commission of the crime, the courts shall be assisted
by expert psychiatrists/ psychologists.

SECTION 27. Prohibited Defense. – Being under the influence of alcohol, any illicit drug,
or any other mind-altering substance shall not be a defense under this Act.

SECTION 28. Custody of children. – The woman victim of violence shall be entitled to the
custody and support of her child/children. Children below seven (7) years old older but with
mental or physical disabilities shall automatically be given to the mother, with right to
support, unless the court finds compelling reasons to order otherwise.

A victim who is suffering from battered woman syndrome shall not be disqualified from
having custody of her children. In no case shall custody of minor children be given to the
perpetrator of a woman who is suffering from Battered woman syndrome.

SECTION 29. Duties of Prosecutors/Court Personnel. – Prosecutors and court

personnel should observe the following duties when dealing with victims under this Act:

a) communicate with the victim in a language understood by the woman or her child; and

b) inform the victim of her/his rights including legal remedies available and procedure, and
privileges for indigent litigants.

SECTION 30. Duties of Barangay Officials and Law Enforcers. – Barangay officials and
law enforcers shall have the following duties:

(a) respond immediately to a call for help or request for assistance or protection of the
victim by entering the necessary whether or not a protection order has been issued and
ensure the safety of the victim/s;
(b) confiscate any deadly weapon in the possession of the perpetrator or within plain view;

(c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital;

(d) assist the victim in removing personal belongs from the house;

(e) assist the barangay officials and other government officers and employees who respond
to a call for help;

(f) ensure the enforcement of the Protection Orders issued by the Punong Barangy or the
courts;

(g) arrest the suspected perpetrator wiithout a warrant when any of the acts of violence
defined by this Act 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 as defined in this Act; and

(h) immediately report the call for assessment or assistance of the DSWD, social Welfare
Department of LGUs or accredited non-government organizations (NGOs).

Any barangay official or law enforcer who fails to report the incident shall be liable for a fine
not exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or
administrative liability.

SECTION 31. Healthcare Provider Response to Abuse – Any healthcare provider,

including, but not limited to, an attending physician, nurse, clinician, barangay health
worker, therapist or counselor who suspects abuse or has been informed by the victim of
violence shall:

(a) properly document any of the victim's physical, emotional or psychological injuries;

(b) properly record any of victim's suspicions, observations and circumstances of the
examination or visit;

(c) automatically provide the victim free of charge a medical certificate concerning the
examination or visit;

(d) safeguard the records and make them available to the victim upon request at actual
cost; and

(e) provide the victim immediate and adequate notice of rights and remedies provided
under this Act, and services available to them.

SECTION 32. Duties of Other Government Agencies and LGUs – Other government
agencies and LGUs shall establish programs such as, but not limited to, education and
information campaign and seminars or symposia on the nature, causes, incidence and
consequences of such violence particularly towards educating the public on its social
impacts.

It shall be the duty of the concerned government agencies and LGU's to ensure the
sustained education and training of their officers and personnel on the prevention of
violence against women and their children under the Act.

SECTION 33. Prohibited Acts. – A Punong Barangay, Barangay Kagawad or the court
hearing an application for a protection order shall not order, direct, force or in any way
unduly influence he applicant for a protection order to compromise or abandon any of the
reliefs sought in the application for protection under this Act. Sec. 7 of the Family Courts Act
of 1997 and Sec.s 410, 411, 412 and 413 of the Local Government Code of 1991 shall not
apply in proceedings where relief is sought under this Act.

Failure to comply with this Sec. shall render the official or judge administratively liable.

SECTION 34. Persons Intervening Exempt from Liability. – In every case of violence
against women and their children as herein defined, any person, private individual or police
authority or barangay official who, acting in accordance with law, responds or intervenes
without using violence or restraint greater than necessary to ensure the safety of the victim,
shall not be liable for any criminal, civil or administrative liability resulting therefrom.

SECTION 35. Rights of Victims. – In addition to their rights under existing laws, victims
of violence against women and their children shall have the following rights:

(a) to be treated with respect and dignity;

(b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any
public legal assistance office;

(c) To be entitled to support services form the DSWD and LGUs'

(d) To be entitled to all legal remedies and support as provided for under the Family Code;
and

(e) To be informed of their rights and the services available to them including their right to
apply for a protection order.

SECTION 36. Damages. – Any victim of violence under this Act shall be entitled to actual,
compensatory, moral and exemplary damages.

SECTION 37. Hold Departure Order. – The court shall expedite the process of issuance
of a hold departure order in cases prosecuted under this Act.

SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. – If the
victim is an indigent or there is an immediate necessity due to imminent danger or threat of
danger to act on an application for a protection order, the court shall accept the application
without payment of the filing fee and other fees and of transcript of stenographic notes.

SECTION 39. Inter-Agency Council on Violence Against Women and Their Children
(IAC-VAWC). -In pursuance of the abovementioned policy, there is hereby established an
Inter-Agency Council on Violence Against Women and their children, hereinafter known as
the Council, which shall be composed of the following agencies:

(a) Department of Social Welfare and Development (DSWD);

(b) National Commission on the Role of Filipino Women (NCRFW);

(c) Civil Service Commission (CSC);

(d) Commission on Human rights (CHR)

(e) Council for the Welfare of Children (CWC);

(f) Department of Justice (DOJ);

(g) Department of the Interior and Local Government (DILG);

(h) Philippine National Police (PNP);

(i) Department of Health (DOH);

(j) Department of Education (DepEd);

(k) Department of Labor and Employment (DOLE); and

(l) National Bureau of Investigation (NBI).

These agencies are tasked to formulate programs and projects to eliminate VAW based on
their mandates as well as develop capability programs for their employees to become more
sensitive to the needs of their clients. The Council will also serve as the monitoring body as
regards to VAW initiatives.

The Council members may designate their duly authorized representative who shall have a
rank not lower than an assistant secretary or its equivalent. These representatives shall
attend Council meetings in their behalf, and shall receive emoluments as may be
determined by the Council in accordance with existing budget and accounting rules and
regulations.
SECTION 40. Mandatory Programs and Services for Victims. – The DSWD, and LGU's
shall provide the victims temporary shelters, provide counseling, psycho-social services and
/or, recovery, rehabilitation programs and livelihood assistance.

The DOH shall provide medical assistance to victims.

SECTION 41. Counseling and Treatment of Offenders. – The DSWD shall provide
rehabilitative counseling and treatment to perpetrators towards learning constructive ways
of coping with anger and emotional outbursts and reforming their ways. When necessary,
the offender shall be ordered by the Court to submit to psychiatric treatment or
confinement.

SECTION 42. Training of Persons Involved in Responding to Violence Against

Women and their Children Cases. – All agencies involved in responding to violence
against women and their children cases shall be required to undergo education and training
to acquaint them with:

a. the nature, extend and causes of violence against women and their children;

b. the legal rights of, and remedies available to, victims of violence against women and their
children;

c. the services and facilities available to victims or survivors;

d. the legal duties imposed on police officers to make arrest and to offer protection and
assistance; and

e. techniques for handling incidents of violence against women and their children that
minimize the likelihood of injury to the officer and promote the safety of the victim or
survivor.

The PNP, in coordination with LGU's shall establish an education and training program for
police officers and barangay officials to enable them to properly handle cases of violence
against women and their children.

SECTION 43. Entitled to Leave. – Victims under this Act shall be entitled to take a paid
leave of absence up to ten (10) days in addition to other paid leaves under the Labor Code
and Civil Service Rules and Regulations, extendible when the necessity arises as specified in
the protection order.

Any employer who shall prejudice the right of the person under this Sec. shall be penalized
in accordance with the provisions of the Labor Code and Civil Service Rules and Regulations.
Likewise, an employer who shall prejudice any person for assisting a co-employee who is a
victim under this Act shall likewise be liable for discrimination.

SECTION 44. 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.

Any person who violates this provision shall suffer the penalty of one (1) year imprisonment
and a fine of not more than Five Hundred Thousand pesos (P500,000.00).

SECTION 45. Funding – The amount necessary to implement the provisions of this Act
shall be included in the annual General Appropriations Act (GAA).

The Gender and Development (GAD) Budget of the mandated agencies and LGU's shall be
used to implement services for victim of violence against women and their children.

SECTION 46. Implementing Rules and Regulations. – Within six (6) months from the
approval of this Act, the DOJ, the NCRFW, the DSWD, the DILG, the DOH, and the PNP, and
three (3) representatives from NGOs to be identified by the NCRFW, shall promulgate the
Implementing Rules and Regulations (IRR) of this Act.

SECTION 47. Suppletory Application – For purposes of this Act, the Revised Penal Code
and other applicable laws, shall have suppletory application.

SECTION 48. Separability Clause. – If any Sec. or provision of this Act is held
unconstitutional or invalid, the other Sec.s or provisions shall not be affected.

SECTION 50. Repealing Clause – All laws, Presidential decrees, executive orders and
rules and regulations, or parts thereof, inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

SECTION 51. Effectivity – This Act shall take effect fifteen (15) days from the date of its
complete publication in at least two (2) newspapers of general circulation.

Approved: March 08, 2004

_________________________________________________________________________

A Summary on Expanded Violence

Against Women and Children
March 26, 2019
by Disini & Disini Law Office
0 comments
“Expanded” Violence Against Women and Children

Under Republic Act No. 9262, otherwise known as the Anti-Violence Against Women and Their
Children Act of 2004 (“VAWC”), the concept of “violence” against women and children includes
not just physical violence, but also sexual violence, psychological violence, and economic
abuse, including threats of such acts, battery, assault, coercion, harassment, or arbitrary
deprivation of liberty.[1] The law penalizes 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.”

In the 15 years since the enactment of the VAWC, some in Congress have perceived the need
to expand the law to specifically include acts of violence that utilize electronic communications
and social media platforms to inflict psychological violence. One such expression of this urge to
modernize the law is embodied by House Bill No. 8655, which seeks to enact the “Expanded”
Anti-Violence Against Women and Their Children Act”. It should not escape notice though that
Republic Act No. 10175, or the Cybercrime Prevention Act of 2012, had effectively updated the
VAWC by criminalizing as cyber-crimes those criminal acts under the VAWC that are committed
through the use of information and communications technologies. ¶

Addressing the gaps on cybercrime against women and children

As a response to the recent and emerging threats to the welfare of women and children, the
House of Representatives last December approved on final reading a bill that will help victims,
law enforcers, prosecutors, and the court to punish violators and abusers who utilize electronic
communication and social media platforms to inflict psychological violence through intimidation,
harassment, stalking, public ridicule or humiliation, repeated verbal abuse, and marital infidelity
against women and children.[2]

House Bill 8655 or the Expanded Anti-Violence Against Women and Their Children [Act of
2004] (E-VAWC) Bill[3]seeks to amend Republic Act No. 9262 by penalizing psychological
violence through the use of information and communications technology (ICT) devices. The bill
aims to expand the scope of protection afforded to women and children by including
psychological violence committed through the use of electronic devices or ICT.

Cybercrime and other laws on ICT-related violence against women and children

Section 3 (a) of the E-VAWC Bill states that Electronic or ICT-related violence refers to any act
or omission involving the use or exploitation of data or any form of ICT which cause or is likely to
cause mental, emotional, or psychological distress or suffering to the women and her children.
The E-VAWC Bill more specifically aims to provide an added layer of protection to a rather
vulnerable sector by including acts that were not previously defined or understood. Some of
these prohibited acts have recently caught the attention of the public due to apparent ill usage of
technology.[4]

It should be noted though that under existing laws, certain acts of violence against women and
children involving the use of ICT technologies are already penalized as crimes. Perhaps the
most significant of these laws is the Cybercrime Prevention Act of 2012, Section 6 of which
imposes a higher penalty for crimes already defined and penalized by existing penal laws and
are committed through and with the use of information and communications technologies.
Among these existing laws would be the present VAWC.

The Anti-Child Pornography Act, enacted in 2009, defines “child pornography” broadly as to
include electronic, mechanical, digital, optical, magnetic or any other means, of any
representation, whether visual, audio, or written combination thereof of child pornography.
Another existing law, the Anti-Photo and Video Voyeurism Act or Republic Act No. 9995[5],
prohibits recording videos or taking photos of a sexual act, the male or female genitalia, and of
the female breast, among others, without consent of the persons featured in the material. R.A.
No. 9995 was crafted to serve as a deterrent against the increasing reproduction, distribution,
and publication of the material regardless of whether or not the persons featured consented to
the recording.[6]

There could very well be some overlap between acts already penalized under current laws, and
those sought to be punished under the E-VAWC Bill. Some of the acts included in ICT-related
violence in E-VAWC are unauthorized recording, reproduction, distribution, use, sharing or
uploading or any photograph, video, or other form of electronic and/or artistic presentation
showing or depicting in any form or manner the genitalia of a women and those of her children,
any sexually-related verbal or nonverbal expression or gesture of the woman and her children
which may be construed as lewd, indecent, or obscene, any purported violent or errant behavior
of the woman and her children or the use of intoxicating or prohibited substance or drugs, and
any similar recording, reproduction, distribution, use, sharing or uploading of any audio
presentation and data, including sound clips of the same nature previously mentioned.[7]

Similar to the punishable acts in R.A. No. 9995, provisions on E-VAWC include prohibition on
any unauthorized use of a photograph, video, voice recording, name or any mark, reference or
character identifiable with a woman and her children and suggestive of a wrongdoing, conduct,
or attribute that tends to besmirch the reputation of the woman and her children.

Expanding existing laws on VAWC

Nonetheless, the E-VAWC Bill lays particular stress on the elements of harassment,
intimidation, coercion, threat, or vilification of the woman and her children through any form, as
well as any form of stalking including hacking of personal accounts on social media and the use
of location data from electronic devices, fabrication of fake information or news through text
messages or other cyber, electronic, or multimedia technology. Another newly-defined act of
electronic violence that the E-VAWC Bill has introduced is the penalty against abusers who
create fake social media accounts using an alias or a different personal information will ill intent
and malice to sow intrigue and inflict harm.[8]

This particular emphasis of the E-VAWC Bill is timely in an era where social media has become
increasingly powerful in terms of scope, real-time effect, and the irreparable damage it can
cause to the welfare of women and children. The E-VAWC Bill and the attempt to expand what
VAWC means, are emerging responses to current and relevant issues that women and children
face.

[1] Sec. 3(a), VAWC.

[2] http://newsbytes.ph/2018/12/08/house-bill-against-online-shaming-of-women-kids-approved-
on-2nd-reading/
[3] Id.
[4] https://news.mb.com.ph/2018/12/08/final-house-nod-on-expanded-vawc-forthcoming/
[5] https://privacy.com.ph/articles/the-anti-photo-and-video-voyeurism-act-of-2009-a-primer/
[6] Id.
[7] Id.
[8] https://docs.google.com/viewerng/viewer?url=http://newsbytes.ph/wp-
content/uploads/2018/12/E-VAWC.pdf&hl=en

_________________________________________________________________________

Violence Against Women & Children in the

Philippines On the Rise; WeDpro Calls for
Collective Action
Home / APC Talk / Violence Against Women & Children in the Philippines On the Rise; WeDpro
Calls for Collective Action
By Igor Dela Pena | Manila, Philippines , 12 May 2011
More and more women in the Philippines are being abused and subjected to acts of
violence, with one in five women aged 15 to 49 found to have experienced physical
violence, while one in ten women have experienced sexual violence.

This finding, a result of the National Statistics Office’s National Demographic and Health
Survey (NDHS), was shared by WeDpro in the end-of-project conference for The
Red AVP (Anti-Violence Project), short for Private and Public Faces of Violence Against
Women: Addressing Domestic Violence and Trafficking In the Urban Poor Communities
and Entertainment Centers of Angeles City and Olongapo City.

WeDpro noted that cases of violence against women and children have risen over the
years, despite the passage of Republic Act (R.A.) 9208 in 2003, which sought to
eliminate and punish human trafficking and established the necessary institutional
mechanisms for the protection and support of trafficked persons, as well as R.A. 9262,
the Anti-Violence Against Women and Their Children Act of 2004, which granted the
government the right to intervene in case of household violence or abuse against
women and children.

Because of these alarming data, WeDpro, with the support of the European Union,
embarked on The Red AVP, which identified factors constraining the effective
implementation of anti-trafficking and anti-violence against women and children (VAWC)
laws in Angeles City and Olongapo City. The project also endeavored to build the
capacities of stakeholders to address the identified factors hindering the protection and
fulfillment of the right against trafficking and violence.

“The implementation gap in this country continues to remain particularly glaring,” noted
Lila Ramos Shahani, Assistant Secretary of the National Anti-Poverty Commission.
“Violence against women and trafficking are overt manifestations of gender inequality in
the Philippines and its prevalence in our patriarchal culture.”

WeDpro’s research report “Surviving Violence and Trafficking: Stories of Women &
Youth of Angeles & Olangapo Cities”, a result of The Red AVP, determined factors that
have hindered the implementation of anti-violence and trafficking laws. Among these
are the lack of support mechanisms, both material and human resources, in barangays
and LGUs; the lack of fiscals in Family Courts and the ensuing inefficiency of the
government’s prosecution service; political constraints such as the change of leadership
in LGUs and lack of women’s organizations that sustain anti-VAWC programs; and
beliefs and attitudes that perpetuate violence such as the community’s view that abused
and trafficked survivors are “willing” victims.

To hurdle these challenges, WeDpro determined that that barangays, local government
units (LGUs), civil society groups, the media and the community must all work together
to stop violence against women and children.

Commission on Human Rights (CHR) Chairperson Loretta Ann “Etta” Rosales declared
her support for WeDpro, saying, “My priorities include revitalizing the Philippine human
rights infrastructure, nurturing a strong human rights culture, and building strong
partnerships with the civil society and NGOs. These include further strengthening our
centers on women and children. We should all work together to protect, respect and
fulfill the human rights of every single Filipino”
Angeles Mayor Edgardo Pamintuan echoed the need for different stakeholders to
cooperate and collaborate. “The problem is just too big, its roots too deep, for us to
defeat alone. We need the support of civil society organizations, the national
government, and the international community…Trafficking and violence against women
and children are related to many other issues and social problems, especially poverty,
lack of education, law enforcement, corruption and many others. In other words, only a
holistic approach could contain it,” he said.

The research report can be downloaded in full through www.wedprophils.org/redavp-

research-reports. For more information about WeDpro and The Red AVP, please
contact 4267479 or visit www.wedprophils.org.
_________________________________________________________________________

Batangas International Airport (Alitagtag and San Pascual) 1000ha

- Industrial park
- Export Processing Zone

Batangas Port Development Phase IV

expansion of the Batangas International Seaport

Batangas City Access Zone

Batangas Regional Food Terminal and oil depots (29-hectare coastal area in Batangas City)

Calamba-to-Batangas City railway spur line.( 55-kilometer extension of the South Line (North-South Railway
Project) from Calamba, Laguna, to Batangas City)

________________________________________________________________________________________

DOH

WOMEN AND CHILDREN PROTECTION PROGRAM

Description
In 1997, Administrative Order 1-B or the “Establishment of a Women and Children Protection
Unit in All Department of Health (DOH) Hospitals” was promulgated in response to the increasing
number of women and children who consult due to violence, rape, incest, and other related cases.

Since A.O. 1-B was issued, the partnership among the Department of Health (DOH), University
of the Philippines Manila, the Child Protection Network Foundation, several local government
units, development partners and other agencies resulted in the establishment of women and child
protection units (WCPUs) in DOH-retained and Local Government Unit (LGU) -supported
hospitals. As of 2011, there are 38 working WCPUs in 25 provinces of the country. For the past
years, there have been attempts to increase the number of WCPUs especially in DOH-retained
hospitals, but they have been unsuccessful for many reasons.

As of 2016, a total of 94 WCPUs were established nationwide that served about 8,000 cases in the
past year.

“The DOH shall provide medical assistance to victims” through a socialized scheme by the
Women and Children Protection Unit (WCPU) in DOH-retained hospitals or in coordination with
LGUs or other government health facilities (RA 9262:Anti-violence Violence Against Women
Against Women And Their Children And Their Children Act Of 2004 )

The Department shall refer the child who is placed under protective custody to a government
medical or health officer for a physical/ mental examination and/or medical treatment (RA 7610:
Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act)

Republic Act No. 10354 (The Responsible Parenthood and Reproductive Health Act of 2012)
highlights the elimination of violence against women and children and other forms of sexual and
gender-based violence.

Vision

A gender-fair and violence-free community where women and their children are empowered

Mission

Improved strategy towards a violence-free community through more systematic primary

prevention, accessible and effective response system and strengthened functional mechanisms
for coordination, planning, implementation, monitoring, evaluation and reporting

Objectives

To institutionalize and standardize the quality of service and training of all women and children
protection units. Specifically, the program aims to:

1. Prevent violence against women and children from ever occurring (primary prevention)
 2. Intervene early to identify and support women and children who are at risk of violence (early
intervention); and
3. Respond to violence by holding perpetrators accountable, ensure connected services are available
for women and their children (response).

Program Components

 Violence & Injury Prevention

 Mental Health

Partner Institutions

Local & International Development Partners:

o Council for the Welfare of Children

o Philippine Commission of Women
o Department of Social Welfare and Development
o Department of Interior and Local Government
o Department of Justice
o Department of Labor and Employment
o Philippine National Police
o National Bureau of Investigation
o Civil Service Commission
o Commission on Human Rights
o Child Protection Network
o SAVE the Children
o World Health Organization
o UNICEF

Policies and Laws

 Republic Act 7610: Anti-Child Abuse Law

 Republic Act 9262: Anti-Violence Against Women and their Children Act
 Republic Act No. 8353: Anti-Rape Law
 Republic Act 10364: Expanded Anti-Trafficking in Persons (RA 9208: Anti-Trafficking in
Persons Act of 2003)
 Republic Act No. 8505: Rape Victim Assistance & Protect Act
 Republic Act 9710: Magna Carta of Women
 RA 7877: Anti-Sexual Harassment Act
 Republic Act 10354 (The Responsible and Reproductive Health Act of 2012)
 Administrative Order 1-B s. 1997: DOH Policy on the establishment of Women & Children’s
Protection Units (WCPU)
 Administrative Order 2013-0011: Revised guidelines on the establishment of WCPUs in all
hospitals
 Administrative Order 2014-0002: Violence and Injury Prevention

Strategies, Action Points and Timeline

  PRIMARY PREVENTION – address the underlying conditions that influence women and
children's health, building a gender responsive community (family as entry point)
 SERVICE DELIVERY - foster collaborative partnerships which improve health outcomes
 ADVOCACY & SOCIAL MOBILIZATION - expand the reach and influence of our work,
empowered communities
 RESEARCH & INNOVATION - research current and emerging issues affecting women
and children
 ORGANIZATIONAL EXCELLENCE - ensure quality systems and practices that promote
organizational sustainability, continuous improvement and innovation

Program Accomplishments/Status

 Establishment 94 functional WCPUs nationwide in collaboration with CPN

 VAWC Registry System established in 2016, with participating hospitals/WCPUs reporting
 Consultation and Planning Meeting with Regional Coordinators & WCPUs/hospitals
 Trained health workers & WCPU staff on 4Rs (Recognizing, Recording Reporting, and
Referral) & Enhanced Training on Handling Abused Women & Children

Calendar of Activities

 Participation to the Celebration of 18-Day Campaign to End Violence Against Women (every
November-December)
 Participation to the Celebration of National Children’s Month every November

Statistics

 Sexual abuse cases (64%) are more commonly seen than physical abuse cases (17%) in the
WCPUs. However, the National Baseline Study on Violence against Children in the
Philippines (NBS-VAC) showed the exact opposite: about 66% of respondents reported
experiencing physical violence while 17% experienced sexual violence in childhood. This
validates the finding of the VAC Study where the respondents declared that of all forms of
abuse, it is sexual abuse that is reportable while corporal punishment is widely
accepted. Psychological abuse continues to be the least recognized although the VACS study
showed that 3 out of 5 children have experienced psychological violence.
 Low disclosure rates are typical of sexual violence against children (NBS-VAC, 2015). In
fact, sexual violence was only disclosed by a small proportion of children (1.6%). If the child
disclosed at all, it was usually to a friend.
 There is a general belief that sexually abused children are typically girls. In the WCPUs, girl-
children seeking services far outnumber boy-children. The most glaring result of the NBS-
VAC, however, is that males were significantly more likely than females to experience sexual
violence at home and in school. A higher proportion of males also reported experiencing
sexual violence in all other settings (community, workplace, and dating). While sexual
victimization in general is underreported, boys are even more so underreported.
 Presently, there is a low number of referrals to WCPUs from the schools/teachers. The NBS-
VAC, however, showed that among children who sought help from authorities, the largest
proportion reached out to teachers (18.6%) and guidance counselors (6.7%). Safe Schools for
Teens highlights the key role of the school in child protection by increasing the capacity of
teachers to recognize and respond to violence against children.
 Physical violence against children most commonly occurs at home (VACS, 2015). Corporal
punishment or violent discipline is widely used by Filipino parents and accepted as a norm
 (SLR, 2016). Parenting programmes prevent child maltreatment by strengthening caregiver-
child relationships and helping parents manage their children’s behavior through effective,
age-appropriate, positive parenting strategies. Parenting for Lifelong Health aims to develop
and test affordable, evidence-based, and culturally-appropriate programmes to prevent child
maltreatment.
 While most physical violence occurs in the form of violent discipline, it may also occur in
non-disciplinary contexts. The toxic trio of social norms around physical violence, financial
stress and substance misuse are risk factors (SLR, 2016).
 Sexual violence against children most often occurs in the home (11.7%) and during dating
(13.7%) (NBS-VACS, 2015). Lack of supervision, single headed households, and absent
parents increase the risk for sexual violence against children in the home (SLR, 2016). The
VACS Study (2015) identify the neighbor as the most common perpetrator of sexual violence
in the community which is validated by the cases seen at the WCPUs. The increasing
number of text mate / chatmate perpetrators shows the emerging threat presented by Internet
and social media. Risky online behavior and lack of supervision when using the Internet
exposes children to online sexual solicitation and grooming (SLR, 2016).

Program Manager

Ms. Arlene Rivera (Program Manager)

Ms. Dulce Elfa, RN, MPH (Alternate Program Manager)
Women and Men’s Health Development Division
Disease Prevention and Control Bureau, Department of Health
Weekdays, 8:00 AM-5:00 PM @ 0063 02 651 7800, loc. 1726 or 1729
Email Address: [email protected]

----

updated: October 17, 2018

_________________________________________________________________________________________

Statistics on Children in the Philippines

The Millennium Development Goals (MDGs), which affirmed commitments

of member countries of the United Nations towards reducing poverty and
the worst forms of human deprivation, embodies specific targets and
milestones for the development of children, i.e., halve, between 1990 and
2015, the proportion of people whose income is less than one dollar a day
(Goal 1), achieve universal primary education (Goal 2), reduce child
mortality (Goal 4), and improve maternal health (Goal 5). In line with this,
the United Nations Children’s Fund (UNICEF) has enhanced its
organizational commitment by undertaking the Global Study on Child
Poverty and Disparities, carried out in 40 countries, including the
Philippines, and seven regions in 2007-2008.
One of the objectives of this evidence-based Global Study is to focus on
how poverty and disparities impact children to support efforts that protect
 children from risk, adversity and disadvantage. It proposes to look at gaps
and opportunities in national poverty reduction strategies, including the
demographic and economic context, employment, public and private social
expenditures, fiscal space, and foreign aid. Further, on 10 January 2007,
the UN General Assembly defined children living in poverty as those
“deprived of nutrition, water and sanitation facilities, access to basic health-
care services, shelter, education, participation and protection, and that
while a severe lack of goods and services hurts every human being, it is
most threatening and harmful to children, leaving them unable to enjoy
their rights, to reach their full potential and to participate as full members
of the society.”
In the Philippines, the National Statistical Coordination Board (NSCB), per
Executive Order No. 352 issued in 1996, Designation of Statistical Activities
that will Generate Critical Data for Decision-making of the Government and
the Private Sector, is mandated with the generation/release of official
provincial poverty statistics of the country. Food and poverty thresholds are
available annually, while subsistence and poverty incidence, magnitude of
the poor and the subsistence poor, and income gap, poverty gap and
severity of poverty are available every three years, since they depend on
information from the triennial Family Income and Expenditures Survey
(FIES) of the National Statistics Office (NSO).
In line with the NSCB’s efforts to respond to the need/demand for a more
disaggregated level of poverty statistics, the NSCB released for the first
time, in 2007, official poverty statistics for the basic sectors, including
children. This year, with strong support from the UNICEF, the NSCB
participated in the International Conference on Rethinking Poverty: Making
Policies that Work for Children and the Social Policy Workshop on Global
Child Poverty. In connection with its participation in these forums, the
NSCB generated lower-level (i.e., provincial level) poverty statistics of
children as well as the socio-economic characteristics of poor children.
As children are our nation’s future, the importance of statistics on children
including other non-income indicators on children in poverty cannot be
overemphasized. In fact, the latest data on Philippine education indicate a
definitive deterioration in the quality of human capital of the country. In
addition, all three indicators on children of MDG Goal 2 (i.e., net enrolment
ratio in primary education, proportion of pupils starting Grade 1 who reach
Grade 6, and primary completion rate) show low probabilities of achieving
their target by 2015.
In this regard, the Philippine Statistical System (PSS), through the NSCB,
deemed that it was absolutely necessary to respond to these concerns
through the compilation of multi-dimensional information on children in
poverty (e.g., indicators on health, education, labor and unemployment,
among others). The Global Study’s Statistical Template was used as the
main reference, while allowing for some flexibility to incorporate Philippine-
specific development agenda.
_________________________________________________________________________________________

The realization of the vision to achieve a gender responsive development under the 2001 to 2004 Framework Plan for
Women (FPW), which is a time slice of the 30-year Philippine Plan for Gender and Development (PPGD), requires sound
gender advocacy, plans, programs, and policies. To ensure that women and men will equally contribute and benefit
 from the economic, social, political, cultural, and environmental development of the country, appropriate measures
must be undertaken to provide them with equal conditions for realizing their full rights to participate in the development
process and, at the same time, gain from it. Moreover, it is also necessary to enhance the level of women’s and men’s
awareness and capabilities leading to greater participation, decision-making, power and control, and to women’s and
men’s transformative action.

Every effort aimed at advancing the status of women requires timely and accurate information on their situation as
compared to that of men. Understanding where, why, and how gender inequality arises is a vital step in addressing
gender and development problems and issues.

The handbook focuses on the situation of women relative to men in the following major areas:

 Population and Families

 Work
 Economic Participation
 Agriculture
 Education
 Health and Nutrition
 Social Welfare
 Public Life
 Migration
 Peace and Human Rights
 Violence Against Women and Children
 Environment

_________________________________________________________________________________________
Child Protection Program

Executive Order No. 53

Strengthening the Committee for the Special Protection of Children, Amending

for this Purpose Executive Order No. 275 (s.1995)

Role of the CSPC

The CSPC is hereby strengthened and reorganized to effectively function as the

body principally responsible for coordinating and monitoring the investigation
and prosecution of cases involving violations of R.A. No. 7610 and other child-
related criminal laws.

Vision

All children in the Philippines and Filipino children elsewhere are protected from
all forms of violence, abuse, exploitation and discrimination.

Mission Statement

Guided by the principles of non-discrimination, best interest of the child, respect

for the views of the child, and the right of the child to life, as well as Article 19 of
the CRC, as codified under RA 7610, the SCPC shall ensure that all children in
the Philippines are provided legal protection, within a child sensitive justice
system.

Protocol for Case Guide for Media

A Comprehensive
Management Practitioners on the
Program on Child
of Child Victims of Reporting and Coverage
Protection
Abuse, Neglect, of Cases
2012-2016
and Exploitation Involving Children

Functions and Duties

The Committee shall have the following responsibilities:

1. Establish a system of collecting periodic reports from member agencies on cases

filed before them including the status of such cases;
2. Request member agencies and other government instrumentalities to address
specific issues brought to the Committee’s attention that require immediate
action;
3. Coordinate with other inter-agency councils and other similar structures and
mechanisms for synchronization and harmonization of actions on the legal
protection of children;
4. Develop and/or recommend policies and guidelines to address gaps and issues
identified in the investigation and prosecution of cases as well as in the legal
protection of children;
5. Formulate a uniform protocol for capacity-building of duty bearers and other
stakeholders with emphasis on multi-disciplinary approach;
6. Call upon non-member agencies for assistance when necessary in the exercise
of its functions and duties;

Composition
The Committee shall be chaired by the Secretary of Justice and co-chaired by
the Secretary of Social Welfare and Development, with the following as
members:

 Chairperson of the Commission on Human Rights;

 Secretary of Foreign Affairs;
 Secretary of Labor and Employment;
 Secretary of Tourism;
 Secretary of the Interior and Local Government;
 Secretary of Health;
 Secretary of Education;
 Commissioner of Immigration;
 Director of the National Bureau of Investigation;
 Chief of the Philippine National Police;
 Prosecutor General; and
 Three (3) representatives of non-government or private organizations working
and/or advocating for the protection of children.

FAQs
Who is considered a child under R.A. No. 7610?

A child one who is below 18 years of age or one who is over 18 years of age but
who cannot take care of himself fully because of a physical or mental disability
or condition.

What is child abuse?

It is any act which inflicts physical or psychological injury, cruelty to or the

neglect, sexual abuse of, or which exploits, a child.

What is cruelty?

It is any word or action which debases, degrades or demeans the dignity of a

child as a human being.

Is discipline administered by a parent or legal guardian on a child considered

cruelty?

No, if it is reasonably administered and moderate in degree and does not cause
physical or psychological injury.

What physical injury is considered as child abuse?

One that causes severe injury or serious bodily harm to child, such as lacerations,
fractured bones, burns or internal injuries.

What psychological injury is considered as child abuse?

One that harms a child's psychological or intellectual functions. This may be

exhibited by severe anxiety, depression, withdrawal or outward aggressive
behavior or a combination of said behaviors.

What is child neglect?

It is failure of a parent or legal guardian to provide, for reasons other than

poverty, adequate food, clothing, shelter, basic education or medical care so
as to seriously endanger the physical, mental, social and emotional growth and
development of the child.

What is child sexual abuse?

It is the employment, use, persuasion, inducement, enticement or coercion of

child to engage in, or assist another person to engage in sexual intercourse or
lasciviousness conduct or the molestation or prostitution of, or the commission of
incestuous acts, on, a child.
What is child exploitation?

It is hiring, employment, persuasion, inducement, or coercion of child to perform

in obscene exhibitions and incident shows, whether live, on video or film, or to
pose or act as a model in obsence or pornographic materials, or to sell or
distribute said materials.

Where can I report child abuse cases?

You may report the matter to the:

 Department of Social Welfare & Development or to the Child Health and

Intervention and Protective Service (CHIPS) Tel. No. 734-4216

 Anti-Child Abuse, Discrimination, Exploitation Division (ACADED) National Bureau

of Investigation Tel. Nos. 525-6028/525-8231 loc. 403 & 444

 Commission on Human Rights Child Rights Center Tel. No. 927-4033 (Mon-Fri
during office hours)

 Philippine National Police Operation Center Tel. Nos. 712-8613/722-0540 & 724
8749 or nearest police station

 DOJ Task Force on Child Protection, Tel. Nos. 523-8481 to 89 or contact the
nearest Provincial, City or Regional Prosecutor

 Local Barangay Council for the Protection of Children

Do I have a duty to report cases of child abuse?

Yes, it is your civic and moral duty to do so.

Who are required by law to report child abuse cases?

The following must report child abuse case:

1. The head of a public or private hospital, medical clinic or similar institution, as

well as the physician and nurse who attended to the needs of the abused child.

2. Teachers and administrators of public schools

3. Parole and probation officers

4. Government lawyers

5. Law enforcement officers

6. Barangay officials

7. Correction officers such as jail guards

 8. Other government officials and employees whose work involves dealing with
children

Can then persons named above be charged criminally if they do not report a
child abuse case?

Yes.

Who can file a complaint for child abuse?

1. The child victim

2. The parent or legal guardian of the victim

3. The grandparent, or relative of the child victim up to a first cousin

4. The Barangay Chairman

5. One of a group of 3 or more persons who have personal knowledge of the

abuse.

Where should a complaint for child abuse be filed?

Your compliant should be filed with the Department of Social Welfare and
Development or with the police or other law enforcement agency.

Protecting Filipino Children From Abuse, Exploitation and Violence

A Comprehensive Programme on Child Protection, 2006-2010 Building a

Protective and Caring Environment for Filipino Children
_________________________________________________________________________________________
Philippines Acts to Combat
Violence Against Children
Accountability Needed for Kids’ Deaths in ‘Drug War’

Carlos H. Conde
Researcher, Asia DivisioncondeHRW
Show More Services
Print
EXPAND

Mourners watch as Kian delos Santos, a 17-year-old student who was shot
during anti-drug operations is buried in Caloocan, Metro Manila,
Philippines August 26, 2017.
© 2017 Reuters

The Philippine Plan of Action to End Violence against Children,

formulated by the government’s Council for the Welfare of Children and
UNICEF, the United Nations children’s organization, outlines and
harmonizes the roles of different agencies to enforce child
protection measures. It seeks to “break the cycle” of violence by ensuring
access to services, building the capacity of children to protect themselves,
improving legislation, and serving as a guide for policymakers and donors.
“It is concerning that violence pervades on children, committed by people
they trust,” said Julia Rees of UNICEF Philippines, referring to findings of
a study commissioned by the agency that showed most incidents of
violence against children occur at home, in schools and in their own
communities.

Apart from violence at home, children involved in child labor are often at
great risk – especially those in hazardous industries such as small-scale
mining. Bullying of LGBT children in schools remains common. Attacks
on schools by paramilitary groups invariably harm children and affect
their education and well-being. The government’s call to lower the age of
criminal responsibility from the current 15 years to 9 threatens to put more
children behind bars, where they face heightened risk of abuse.

But the biggest challenge the action plan faces is the Duterte government
itself. Its murderous “war on drugs” has brought untold misery to the
families of mostly poor urban dwellers. Since the campaign against alleged
drug dealers and users started two years ago, more than 12,000 people have
perished, according to government data. A senator has put the death toll
at more than 20,000. Children have been among those killed by the police
and police-backed vigilantes. Many have been targeted, while others have
been bystanders in police shootings, what some government officials call
“collateral damage.”

In this hyper-violent climate, any campaign to protect children needs to

emphasize justice and accountability. The International Criminal Court has
already begun a preliminary examination of serious abuses connected with
the Philippine drug war. The UN should launch its own independent
inquiry. Tackling violence by relatives and acquaintances against children is
difficult enough – violence by state officials should not be part of the
problem.
_________________________________________________________________________________________

Republic Act 7610

Special Protection of Children Against Abuse, Exploitation and Discrimination
Act
Files:

Republic Act 7610

AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION

AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, PROVIDING
PENALTIES FOR ITS VIOLATION AND FOR OTHER PURPOSES.

ARTICLE ITitle, Policy, Principles and Definitions of Terms

Section 1. Title. - This Act shall be known as the "Special Protection of Children
Against Abuse, Exploitation and Discrimination Act."

Sec. 2. Declaration of State Policy and Principles. - It is hereby declared to be the

policy of the State to provide special protection to children from all firms of abuse, neglect,
cruelty exploitation and discrimination and other conditions, prejudicial their development;
provide sanctions for their commission and carry out a program for prevention and
deterrence of and crisis intervention in situations of child abuse, exploitation and
discrimination. The State shall intervene on behalf of the child when the parent, guardian,
teacher or person having care or custody of the child fails or is unable to protect the child
against abuse, exploitation and discrimination or when such acts against the child are
committed by the said parent, guardian, teacher or person having care and custody of the
same.

It shall be the policy of the State to protect and rehabilitate children gravely threatened or
endangered by circumstances which affect or will affect their survival and normal
development and over which they have no control.

The best interests of children shall be the paramount consideration in all actions concerning
them, whether undertaken by public or private social welfare institutions, courts of law,
administrative authorities, and legislative bodies, consistent with the principle of First Call
for Children as enunciated in the United Nations Convention of the Rights of the Child. Every
effort shall be exerted to promote the welfare of children and enhance their opportunities
for a useful and happy life.

Sec. 3. Definition of Terms. -

(a) "Children" refers to person below eighteen (18) years of age or those over but are
unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty,
exploitation or discrimination because of a physical or mental disability or condition;

(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which
includes any of the following:

(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment;

(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and
dignity of a child as a human being;
(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or

(4) Failure to immediately give medical treatment to an injured child resulting in serious
impairment of his growth and development or in his permanent incapacity or death.

(c) "Circumstances which gravely threaten or endanger the survival and normal
development of children" include, but are not limited to, the following:

(1) Being in a community where there is armed conflict or being affected by armed conflict-
related activities;

(2) Working under conditions hazardous to life, safety and normal which unduly interfere
with their normal development;

(3) Living in or fending for themselves in the streets of urban or rural areas without the care
of parents or a guardian or basic services needed for a good quality of life;

(4) Being a member of a indigenous cultural community and/or living under conditions of
extreme poverty or in an area which is underdeveloped and/or lacks or has inadequate
access to basic services needed for a good quality of life;

(5) Being a victim of a man-made or natural disaster or calamity; or

(6) Circumstances analogous to those above-stated which endanger the life, safety or
normal development of children.

(d) "Comprehensive program against child abuse, exploitation and discrimination"

refers to the coordinated program of services and facilities to protected children against:

(1) Child Prostitution and other sexual abuse;

(2) Child trafficking;

(3) Obscene publications and indecent shows;

(4) Other acts of abuses; and

(5) Circumstances which threaten or endanger the survival and normal development of
children.

ARTICLE II Program on Child Abuse, Exploitation and Discrimination

Sec. 4. Formulation of the Program. - There shall be a comprehensive program to be
formulated, by the Department of Justice and the Department of Social Welfare and
Development in coordination with other government agencies and private sector concerned,
within one (1) year from the effectivity of this Act, to protect children against child
prostitution and other sexual abuse; child trafficking, obscene publications and indecent
shows; other acts of abuse; and circumstances which endanger child survival and normal
development.
ARTICLE III Child Prostitution and Other Sexual Abuse
Sec. 5. Child Prostitution and Other Sexual Abuse. - Children, whether male or female,
who for money, profit, or any other consideration or due to the coercion or influence of any
adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to
be children exploited in prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be
imposed upon the following:
(a) Those who engage in or promote, facilitate or induce child prostitution which include,
but are not limited to, the following:

(1) Acting as a procurer of a child prostitute;

(2) Inducing a person to be a client of a child prostitute by means of written or oral

advertisements or other similar means;

(3) Taking advantage of influence or relationship to procure a child as prostitute;

(4) Threatening or using violence towards a child to engage him as a prostitute; or

(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to
engage such child in prostitution.
(b) Those who commit the act of sexual intercourse of lascivious conduct with a child
exploited in prostitution or subject to other sexual abuse; Provided, That when the victims is
under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335,
paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code,
for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious
conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its
medium period; and

(c) Those who derive profit or advantage therefrom, whether as manager or owner of the
establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place
of entertainment or establishment serving as a cover or which engages in prostitution in
addition to the activity for which the license has been issued to said establishment.

Sec. 6. Attempt To Commit Child Prostitution. - There is an attempt to commit child

prostitution under Section 5, paragraph (a) hereof when any person who, not being a
relative of a child, is found alone with the said child inside the room or cubicle of a house,
an inn, hotel, motel, pension house, apartelle or other similar establishments, vessel,
vehicle or any other hidden or secluded area under circumstances which would lead a
reasonable person to believe that the child is about to be exploited in prostitution and other
sexual abuse.

There is also an attempt to commit child prostitution, under paragraph (b) of Section 5
hereof when any person is receiving services from a child in a sauna parlor or bath,
massage clinic, health club and other similar establishments. A penalty lower by two (2)
degrees than that prescribed for the consummated felony under Section 5 hereof shall be
imposed upon the principals of the attempt to commit the crime of child prostitution under
this Act, or, in the proper case, under the Revised Penal Code.

ARTICLE IV Child Trafficking

Sec. 7. Child Trafficking. - Any person who shall engage in trading and dealing with
children including, but not limited to, the act of buying and selling of a child for money, or
for any other consideration, or barter, shall suffer the penalty of reclusion temporal to
reclusion perpetua. The penalty shall be imposed in its maximum period when the victim is
under twelve (12) years of age.

Sec. 8. Attempt to Commit Child Trafficking. - There is an attempt to commit child

trafficking under Section 7 of this Act:
(a) When a child travels alone to a foreign country without valid reason therefor and without
clearance issued by the Department of Social Welfare and Development or written permit or
justification from the child's parents or legal guardian;

(c) When a person, agency, establishment or child-caring institution recruits women or

couples to bear children for the purpose of child trafficking; or

(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar
or any other person simulates birth for the purpose of child trafficking; or

(e) When a person engages in the act of finding children among low-income families,
hospitals, clinics, nurseries, day-care centers, or other child-during institutions who can be
offered for the purpose of child trafficking.
A penalty lower two (2) degrees than that prescribed for the consummated felony under
Section 7 hereof shall be imposed upon the principals of the attempt to commit child
trafficking under this Act.

ARTICLE V Obscene Publications and Indecent Shows

Sec. 9. Obscene Publications and Indecent Shows. - Any person who shall hire,
employ, use, persuade, induce or coerce a child to perform in obscene exhibitions and
indecent shows, whether live or in video, or model in obscene publications or pornographic
materials or to sell or distribute the said materials shall suffer the penalty of prision mayor
in its medium period.
If the child used as a performer, subject or seller/distributor is below twelve (12) years of
age, the penalty shall be imposed in its maximum period.

Any ascendant, guardian, or person entrusted in any capacity with the care of a child who
shall cause and/or allow such child to be employed or to participate in an obscene play,
scene, act, movie or show or in any other acts covered by this section shall suffer the
penalty of prision mayor in its medium period.

ARTICLE VIOther Acts of Abuse

Sec. 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions
Prejudicial to the Child's Development. -
(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to
be responsible for other conditions prejudicial to the child's development including those
covered by Article 59 of Presidential Decree No. 603, as amended, but not covered by the
Revised Penal Code, as amended, shall suffer the penalty of prision mayor in its minimum
period.

(b) Any person who shall keep or have in his company a minor, twelve (12) years or under
or who in ten (10) years or more his junior in any public or private place, hotel, motel, beer
joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other
tourist resort or similar places shall suffer the penalty of prision mayor in its maximum
period and a fine of not less than Fifty thousand pesos (P50,000.00): Provided, That this
provision shall not apply to any person who is related within the fourth degree of
consanguinity or affinity or any bond recognized by law, local custom and tradition or acts in
the performance of a social, moral or legal duty.

(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to
keep or have in his company a minor as provided in the preceding paragraph shall suffer the
penalty of prision mayor in its medium period and a fine of not less than Forty thousand
pesos (P40,000.00); Provided, however, That should the perpetrator be an ascendant,
stepparent or guardian of the minor, the penalty to be imposed shall be prision mayor in its
maximum period, a fine of not less than Fifty thousand pesos (P50,000.00), and the loss of
parental authority over the minor.

(d) Any person, owner, manager or one entrusted with the operation of any public or
private place of accommodation, whether for occupancy, food, drink or otherwise, including
residential places, who allows any person to take along with him to such place or places any
minor herein described shall be imposed a penalty of prision mayor in its medium period
and a fine of not less than Fifty thousand pesos (P50,000.00), and the loss of the license to
operate such a place or establishment.

(e) Any person who shall use, coerce, force or intimidate a street child or any other child to:

(1) Beg or use begging as a means of living;

(2) Act as conduit or middlemen in drug trafficking or pushing; or

(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its
medium period to reclusion perpetua.
For purposes of this Act, the penalty for the commission of acts punishable under Articles
248, 249, 262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as amended, the
Revised Penal Code, for the crimes of murder, homicide, other intentional mutilation, and
serious physical injuries, respectively, shall be reclusion perpetua when the victim is under
twelve (12) years of age. The penalty for the commission of acts punishable under Articles
337, 339, 340 and 341 of Act No. 3815, as amended, the Revised Penal Code, for the
crimes of qualified seduction, acts of lasciviousness with the consent of the offended party,
corruption of minors, and white slave trade, respectively, shall be one (1) degree higher
than that imposed by law when the victim is under twelve (12) years age.
The victim of the acts committed under this section shall be entrusted to the care of the
Department of Social Welfare and Development.

ARTICLE VIISanctions for Establishments or Enterprises

Sec. 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or
Conduct Activities Constituting Child Prostitution and Other Sexual Abuse, Child
Trafficking, Obscene Publications and Indecent Shows, and Other Acts of Abuse. -
All establishments and enterprises which promote or facilitate child prostitution and other
sexual abuse, child trafficking, obscene publications and indecent shows, and other acts of
abuse shall be immediately closed and their authority or license to operate cancelled,
without prejudice to the owner or manager thereof being prosecuted under this Act and/or
the Revised Penal Code, as amended, or special laws. A sign with the words "off limits" shall
be conspicuously displayed outside the establishments or enterprises by the Department of
Social Welfare and Development for such period which shall not be less than one (1) year,
as the Department may determine. The unauthorized removal of such sign shall be
punishable by prision correccional.

An establishment shall be deemed to promote or facilitate child prostitution and other

sexual abuse, child trafficking, obscene publications and indecent shows, and other acts of
abuse if the acts constituting the same occur in the premises of said establishment under
this Act or in violation of the Revised Penal Code, as amended. An enterprise such as a
sauna, travel agency, or recruitment agency which; promotes the aforementioned acts as
part of a tour for foreign tourists; exhibits children in a lewd or indecent show; provides
child masseurs for adults of the same or opposite sex and said services include any
lascivious conduct with the customers; or solicits children or activities constituting the
aforementioned acts shall be deemed to have committed the acts penalized herein.

ARTICLE VIIIWorking Children

Sec. 12. Employment of Children. - Children below fifteen (15) years of age may be
employed except:
(1) When a child works directly under the sole responsibility of his parents or legal guardian
and where only members of the employer's family are employed: Provided, however, That
his employment neither endangers his life, safety and health and morals, nor impairs his
normal development: Provided, further, That the parent or legal guardian shall provide the
said minor child with the prescribed primary and/or secondary education; or

(2) When a child's employment or participation in public & entertainment or information

through cinema, theater, radio or television is essential: Provided, The employment contract
concluded by the child's parent or guardian, with the express agreement of the child
concerned, if possible, and the approval of the Department of Labor and Employment:
Provided, That the following requirements in all instances are strictly complied with:

(a) The employer shall ensure the protection, health, safety and morals of the child;

(b) the employer shall institute measures to prevent the child's exploitation or
discrimination taking into account the system and level of remuneration, and the duration
and arrangement of working time; and
(c) The employer shall formulate and implement, subject to the approval and supervision of
competent authorities, a continuing program for training and skill acquisition of the child.
In the above exceptional cases where any such child may be employed, the employer shall
first secure, before engaging such child, a work permit from the Department of Labor and
Employment which shall ensure observance of the above requirement.

The Department of Labor and Employment shall promulgate rules and regulations necessary
for the effective implementation of this Section.

Sec. 13. Non-formal Education for Working Children. - The Department of Education,
Culture and Sports shall promulgate a course design under its non-formal education
program aimed at promoting the intellectual, moral and vocational efficiency of working
children who have not undergone or finished elementary or secondary education. Such
course design shall integrate the learning process deemed most effective under given
circumstances.

Sec. 14. Prohibition on the Employment of Children in Certain Advertisements. - No

person shall employ child models in all commercials or advertisements promoting alcoholic
beverages, intoxicating drinks, tobacco and its byproducts and violence.

Sec. 15. Duty of Employer. - Every employer shall comply with the duties provided for in
Articles 108 and 109 of Presidential Decree No. 603.

Sec. 16. Penalties. - 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: Provided, That, in case of
repeated violations of the provisions of this Article, the offender's license to operate shall be
revoked.

ARTICLE IX Children of Indigenous Cultural Communities

Sec. 17. Survival, Protection and Development. - In addition to the rights guaranteed
to children under this Act and other existing laws, children of indigenous cultural
communities shall be entitled to protection, survival and development consistent with the
customs and traditions of their respective communities.
Sec. 18. System of and Access to Education. - The Department of Education, Culture
and Sports shall develop and institute an alternative system of education for children of
indigenous cultural communities which culture-specific and relevant to the needs of and the
existing situation in their communities. The Department of Education, Culture and Sports
shall also accredit and support non-formal but functional indigenous educational programs
conducted by non-government organizations in said communities.

Sec. 19. Health and Nutrition. - The delivery of basic social services in health and
nutrition to children of indigenous cultural communities shall be given priority by all
government agencies concerned. Hospitals and other health institution shall ensure that
children of indigenous cultural communities are given equal attention. In the provision of
health and nutrition services to children of indigenous cultural communities, indigenous
health practices shall be respected and recognized.
Sec. 20. Discrimination. - Children of indigenous cultural communities shall not be
subjected to any and all forms of discrimination.

Any person who discriminate against children of indigenous cultural communities shall suffer
a penalty of arresto mayor in its maximum period and a fine of not less than Five thousand
pesos (P5,000.00) more than Ten thousand pesos (P10,000.00).

Sec. 21. Participation. - Indigenous cultural communities, through their duly-designated

or appointed representatives shall be involved in planning, decision-making implementation,
and evaluation of all government programs affecting children of indigenous cultural
communities. Indigenous institution shall also be recognized and respected.

ARTICLE X Children in Situations of Armed Conflict

Sec. 22. Children as Zones of Peace. - Children are hereby declared as Zones of Peace.
It shall be the responsibility of the State and all other sectors concerned to resolve armed
conflicts in order to promote the goal of children as zones of peace. To attain this objective,
the following policies shall be observed.
(a) Children shall not be the object of attack and shall be entitled to special respect. They
shall be protected from any form of threat, assault, torture or other cruel, inhumane or
degrading treatment;
(b) Children shall not be recruited to become members of the Armed Forces of the
Philippines of its civilian units or other armed groups, nor be allowed to take part in the
fighting, or used as guides, couriers, or spies;

(c) Delivery of basic social services such as education, primary health and emergency relief
services shall be kept unhampered;

(d) The safety and protection of those who provide services including those involved in fact-
finding missions from both government and non-government institutions shall be ensured.
They shall not be subjected to undue harassment in the performance of their work;

(e) Public infrastructure such as schools, hospitals and rural health units shall not be utilized
for military purposes such as command posts, barracks, detachments, and supply depots;
and

(f) All appropriate steps shall be taken to facilitate the reunion of families temporarily
separated due to armed conflict.

Sec. 23. Evacuation of Children During Armed Conflict. - Children shall be given
priority during evacuation as a result of armed conflict. Existing community organizations
shall be tapped to look after the safety and well-being of children during evacuation
operations. Measures shall be taken to ensure that children evacuated are accompanied by
persons responsible for their safety and well-being.

Sec. 24. Family Life and Temporary Shelter. - Whenever possible, members of the
same family shall be housed in the same premises and given separate accommodation from
other evacuees and provided with facilities to lead a normal family life. In places of
temporary shelter, expectant and nursing mothers and children shall be given additional
food in proportion to their physiological needs. Whenever feasible, children shall be given
opportunities for physical exercise, sports and outdoor games.

Sec. 25. Rights of Children Arrested for Reasons Related to Armed Conflict. - Any
child who has been arrested for reasons related to armed conflict, either as combatant,
courier, guide or spy is entitled to the following rights;
(a) Separate detention from adults except where families are accommodated as family
units;

(b) Immediate free legal assistance;

(c) Immediate notice of such arrest to the parents or guardians of the child; and

(d) Release of the child on recognizance within twenty-four (24) hours to the custody of the
Department of Social Welfare and Development or any responsible member of the
community as determined by the court.
If after hearing the evidence in the proper proceedings the court should find that the
aforesaid child committed the acts charged against him, the court shall determine the
imposable penalty, including any civil liability chargeable against him. However, instead of
pronouncing judgment of conviction, the court shall suspend all further proceedings and
shall commit such child to the custody or care of the Department of Social Welfare and
Development or to any training institution operated by the Government, or duly-licensed
agencies or any other responsible person, until he has had reached eighteen (18) years of
age or, for a shorter period as the court may deem proper, after considering the reports and
recommendations of the Department of Social Welfare and Development or the agency or
responsible individual under whose care he has been committed.

The aforesaid child shall subject to visitation and supervision by a representative of the
Department of Social Welfare and Development or any duly-licensed agency or such other
officer as the court may designate subject to such conditions as it may prescribe.

The aforesaid child whose sentence is suspended can appeal from the order of the court in
the same manner as appeals in criminal cases.

Sec. 26. Monitoring and Reporting of Children in Situations of Armed Conflict. - The
chairman of the barangay affected by the armed conflict shall submit the names of children
residing in said barangay to the municipal social welfare and development officer within
twenty-four (24) hours from the occurrence of the armed conflict.

ARTICLE XI Remedial Procedures

Sec. 27. Who May File a Complaint. - Complaints on cases of unlawful acts committed
against the children as enumerated herein may be filed by the following:
(a) Offended party;
(b) Parents or guardians;

(c) Ascendant or collateral relative within the third degree of consanguinity;

(d) Officer, social worker or representative of a licensed child-caring institution;

(e) Officer or social worker of the Department of Social Welfare and Development;

(f) Barangay chairman; or

(g) At least three (3) concerned responsible citizens where the violation occurred.

Sec. 28. Protective Custody of the Child. - The offended party shall be immediately
placed under the protective custody of the Department of Social Welfare and Development
pursuant to Executive Order No. 56, series of 1986. In the regular performance of this
function, the officer of the Department of Social Welfare and Development shall be free from
any administrative, civil or criminal liability. Custody proceedings shall be in accordance with
the provisions of Presidential Decree No. 603.

Sec. 29. Confidentiality. - At the instance of the offended party, his name may be
withheld from the public until the court acquires jurisdiction over the case.

It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed
materials, announcer or producer in case of television and radio broadcasting, producer and
director of the film in case of the movie industry, to cause undue and sensationalized
publicity of any case of violation of this Act which results in the moral degradation and
suffering of the offended party.

Sec. 30. Special Court Proceedings. - Cases involving violations of this Act shall be heard
in the chambers of the judge of the Regional Trial Court duly designated as Juvenile and
Domestic Court.

Any provision of existing law to the contrary notwithstanding and with the exception of
habeas corpus, election cases, and cases involving detention prisoners and persons covered
by Republic Act No. 4908, all courts shall give preference to the hearing or disposition of
cases involving violations of this Act.

ARTICLE XII
Common Penal Provisions

Sec. 31. Common Penal Provisions. -

(a) The penalty provided under this Act shall be imposed in its maximum period if the
offender has been previously convicted under this Act;

(b) When the offender is a corporation, partnership or association, the officer or employee
thereof who is responsible for the violation of this Act shall suffer the penalty imposed in its
maximum period;
(c) The penalty provided herein shall be imposed in its maximum period when the
perpetrator is an ascendant, parent guardian, stepparent or collateral relative within the
second degree of consanguinity or affinity, or a manager or owner of an establishment
which has no license to operate or its license has expired or has been revoked;

(d) When the offender is a foreigner, he shall be deported immediately after service of
sentence and forever barred from entry to the country;

(e) The penalty provided for in this Act shall be imposed in its maximum period if the
offender is a public officer or employee: Provided, however, That if the penalty imposed is
reclusion perpetua or reclusion temporal, then the penalty of perpetual or temporary
absolute disqualification shall also be imposed: Provided, finally, That if the penalty imposed
is prision correccional or arresto mayor, the penalty of suspension shall also be imposed;
and

(f) A fine to be determined by the court shall be imposed and administered as a cash fund
by the Department of Social Welfare and Development and disbursed for the rehabilitation
of each child victim, or any immediate member of his family if the latter is the perpetrator
of the offense.

ARTICLE XIII
Final Provisions
Sec. 32. Rules and Regulations. - Unless otherwise provided in this Act, the Department
of Justice, in coordination with the Department of Social Welfare and Development, shall
promulgate rules and regulations of the effective implementation of this Act.

Such rules and regulations shall take effect upon their publication in two (2) national
newspapers of general circulation.

Sec. 33. Appropriations. - The amount necessary to carry out the provisions of this Act is
hereby authorized to be appropriated in the General Appropriations Act of the year following
its enactment into law and thereafter.

Sec. 34. Separability Clause. - If any provision of this Act is declared invalid or
unconstitutional, the remaining provisions not affected thereby shall continue in full force
and effect.

Sec. 35. Repealing Clause. - All laws, decrees, or rules inconsistent with the provisions of
this Acts are hereby repealed or modified accordingly.

Sec. 36. Effectivity Clause. - This Act shall take effect upon completion of its publication
in at least two (2) national newspapers of general circulation.
_________________________________________________________________________________________

FEATURE: Awareness, key to end

violence against women and children
By Myra Cel Espinosa


 Twitter
 Google Plus

(PIA) – The 18-day campaign to end Violence against Women and Children (VAWC) is
observed annually throughout the country from November 25 to December 12 to raise
awareness that VAWC is a major concern and a national issue.

Many people, specifically women are not aware about the law on the protection of their
rights against violence. Thus, because of unawareness, spousal violence remains.

Based on the National Demographic and Health Survey (NDHS) preliminary results in
2017, out of 11,558 ever-married Filipino women aged 15 to 49 surveyed, one in 4 or
26% experienced physical, sexual, or emotional violence committed by their husband or
partner.

With this data, the campaign emphasizes the role of every individual, men or women, in
helping to end violence against women and children within various institutions. This can
be achieved by letting people understand VAWC from the point of view of the victim
survivors.

The campaign gathers supports from different sectors to help spread and provide
information on the rights of women and children.
In support to this campaign, government agencies and the local government unit of
Zamboanga City provides Information, Education and Communication (IEC) and video
materials that are presented to the public, clients and employees. Orientations in various
areas of the city were also conducted for the women letting them know their rights.

Republic Act No. 9262 is an act defining violence against women and their children,
providing for protective measures for victims, prescribing penalties therefore, and for
other purposes.

Furthermore, the campaign aims to end VAWC in the Philippines and to let the women
know that they are protected against violence through the aforementioned law.
#VAWfreePH (ALT/MLE/PIA9-Zamboanga City)

_________________________________________________________________________________________

CHILD PROTECTION

Challenges
According to the 2015 National Baseline Survey on Violence Against Children in the
Philippines, there is a high prevalence of physical, psychological, sexual and online
violence committed on Filipino children.

Eighty per cent of Filipino children have experienced some form of violence at home, in school,
in their community and online.

These are often committed by people they trust. Despite the high incidence of violence,
7 in 10 children are not aware of services that may be able to help them.

Children in conflict the law often face punishment and injustice and are not given a
second chance at life. The age of sexual consent in the Philippines is at 12 years old—
one the lowest globally.

Children also face increased risk of violence during emergencies. In the aftermath of
natural disasters, children become more vulnerable to violence, trafficking and stress. In
the Autonomous Region of Muslim Mindanao, thousands of children are exposed to the
effects of armed conflict. If they are not recruited in armed groups, they become caught
in the crossfire and may be injured, abducted, sexually abused and even killed.
 Solutions
UNICEF aims to reduce all forms of violence against children, including those affected
by natural disasters and armed conflict. To achieve this, UNICEF is working with the
Philippine government and civil society partners to:

 Establish child protection laws and policies based on international standards

 Improve the implementation of laws and actions that prevent and respond to
violence against children at the national and community levels, including in
humanitarian situations
 Build commitment from partners to plan and implement multisectoral actions to
address violence against children
 Improve access to quality, responsive and inclusive child welfare services
 Promote a positive culture that discourages all forms of violence

Resources
National Baseline Study on Violence Against Children in the Philippines

National Situation Analysis of Children in the Philippines

_________________________________________________________________

Bantay Bata 163 upgrades Children’s Village

131SHARES117
Bot Glorioso (The Philippine Star) - September 9, 2018 - 12:00am

MANILA, Philippines — Bantay Bata 163, ABS-CBN’s child welfare and

protection arm, recently relaunched its Children’s Village after upgrading its
facilities and enhancing its programs to better cater to the needs of Filipino
youth suffering from all forms of abuse.

“It’s Children’s Village version 2.0,” said program director Jing Castañeda-
Velasco while video clips flashed on screen showing the unveiling of the
Children’s Village during a recent presscon. The new home has several new
features that aim to help children — from 0 to 17 years old — who are victims
of child abuse. It can accommodate as many as 120 children.

The half-way house for rescued youth, located in Norzagaray, Bulacan, has
served as a home for over a thousand youngsters since 2003, providing them
a shelter where they can heal and recover from the trauma of abuse and
regain confidence to build a better future for themselves.

Jing explained why they used the term “relaunch” when the Children’s Village
started to serve as a home for abused kids since 15 years ago. “It was in 2014
when we felt that there was a need to reassess the programs and the services
we’re offering so temporarily, we ceased the operations and then even the
building structure needed to be fixed and renovated. And now through the
help of the Quezon City government, headed by Mayor Herbert Bautista and
Vice Mayor Joy Belmonte, the operational costs of the Children’s Village —
our expenses — will be shouldered by the Q.C. government. They have
allocated funds for the operational expenses so magtutulungan kami.

“With the relaunch, we have strengthened the programs, una dito meron
tayong Resilience Program with the help of Cefam (Center for Family
Ministries) focusing on life skills for complete rehabilitation and healing of the
children.”

Apart from the Q.C. government, several donors and organizations also
extended help to enable Bantay Bata 163 to provide a better home, help,
protection, love and care for the children so that they can regain their strength
physically, mentally and emotionally, and move forward with their lives after a
year under the care of the foundation.

“We also have Livelihood and Productivity Center para kung lumabas na sila,
meron silang kakayahan na magtrabaho para kumita o makapag-sideline.
‘Yung ganung mga bagay tinututukan din namin sa Children’s Village,” Jing
added.

image: http://media.philstar.com/images/the-philippine-
star/entertainment/20180909/ent5b.jpg
 With (from left) ABS-CBN Lingkod Kapamilya Foundation, Inc. managing director Susan Afan,
DSWD’s Estrelita Turingan and Dale Jimenez, and Winnie Cordero during the presscon.
Social workers, health care professionals and house parents will work hand in
hand in looking after the children inside the Village that has an administrative
building, multi-purpose hall, cottages, meditation room, music room, arts and
crafts room and library. It also has play area for pre-schoolers while other
children go to nearby schools.

Jing shared that before, the LGU that referred the child to Bantay Bata was
the one responsible for the orientation and preparation of the parents for the
return of their child. This time, the foundation takes care of it through the
program called Values Formation Support that guides the parents of the
children on what to do for them to heal and move forward as well.
A beneficiary, named Len, shared during the presscon how Bantay Bata 163
continues to support her through social workers and educational assistance
that greatly helped her in gaining confidence to carve a bright future. Len
suffered abuse from her own relatives in the past but she is now pursuing a
college degree in Education.

With Bantay Bata 163’s celebration of its 21st anniversary, Jing said that
aside from maintaining their core services in protecting children at risk and the
disadvantaged through a nationwide network of social services and the
Children’s Village, the foundation also gears towards protecting the youth from
online abuse and exploitation. It is no secret that there are children who
experience some form of online abuse such as sexual violence and
cyberbullying.

Psychologist Estrelita Turingan of the Department of Social Welfare and

Development-NCR said, “Child abuse is an ongoing issue. DSWD has many
centers catering to different cases of children, but Bantay Bata has stepped in
to help us handle cases like these.”

Bantay Bata also has a partnership with Overseas Workers Welfare

Administration (OWWA) to assist children left behind by their OFW parents
who are also in danger of abuse.

Jing urged everyone to take part in the advocacy of rescuing and protecting
the abused children, saying, “We need your help. We really need to make
sure we invest in our children who are the future of our country. It takes a
village to raise a child, but we need love to build a village.”
BANTAY BATA 163 ABS-CBN

Read more at
https://www.philstar.com/entertainment/2018/09/09/1849822/bantay-bata-163-
upgrades-childrens-village#OBoOy5ehklhs7GZv.99