Legal provisions
Domestic violence may not seem like a big deal to you, but it is just as major as any other issue in the world. Every day, domestic violence ends the lives of numerous men and women. Just picture having a friend or someone else you care about who is in a relationship and who is being abused by their partner dying as a result of their abusive partner. How would it make you feel to know that you did nothing to assist them? Every day, these victims experience fear because they think they are alone and that no one will believe them. To help one another, we should be aware of some laws that will protect us in the future.
Relevant statutes and codes?
Republic Act No. 9262, also known as the Anti-Violence Against Women and Their Children Act of 2004 ("VAWC Act") and its Implementing Rules and Regulations, is the main law in the Philippines addressing domestic violence (IRR). In relation to fundamental liberties guaranteed by the Philippine Constitution, the provisions of the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Convention on the Rights of the Child, and other international human rights instruments to which the Philippines is a party, the VAWC Act was passed to address violence against women and their children. The Revised Penal Code of the Philippines allows for the prosecution of domestic violence offenders (RPC). The RPC, which is the country's primary criminal code, punishes crimes that are typically gender-based, including rape, acts of lewdness, seduction, abduction, intentional and unintentional abortion, physical harm, and threats and coercion.
Through Republic Act No. 10364, also known as the Expanded Anti-Trafficking in Persons Act of 2012, the Philippines also addresses the problem of human trafficking, where women and children are frequently the victims ("Anti-Trafficking Act"). This law makes it unlawful to, among other things: I marry Filipino women to foreigners with the intention of using them as slaves, prostitutes, or for sexual exploitation; (ii) offer or enter into a marriage with the intent to engage in prostitution or pornography; and (iii) maintain or employ someone who engages in prostitution or pornography. In the Philippines, sexual harassment is prohibited by law. The primary law defining and criminalizing sexual harassment is Republic Act No. 7877, also known as the Anti-Sexual Harassment Act of 1995 (the "Anti-Sexual Harassment Act"). The Safe Spaces Act, also known as Republic Act No. 11313, makes it illegal to harass someone based on their gender in public places, workplaces online, and educational and training facilities.
Several bills are pending before the Philippine Senate and House of Representatives, which if passed into law would also seek to address domestic violence issues. Some of these bills are as follows:
1. Senate Bill No. 978 — An Act Granting Additional Leaves For Victims of Domestic Violence Act
According to Section 43 of the existing law, the proposed bill would amend the VAWC Act by increasing the current paid leave of absence from 10 days to a total of 20 days.
2. Senate Bill No. 268 — Absolute Divorce Act of 2018
Physical abuse and domestic abuse are listed as grounds for a divorce decree in the proposed legislation. Having a spouse sentenced to six years in prison, even if they are later released on parole, is another reason for an absolute divorce through a swift legal process.
3. Senate Bill No. 356 — Divorce Act of 2019
The law specifies that engaging in severe physical abuse and verbal or physical assault constitute grounds for an absolute divorce. Furthermore, it declares that all behaviors classified as domestic violence under the VAWC Act constitute grounds for an immediate divorce.
4. House Bill No. 534 — An Act Granting An Additional 15 Day Paid Leave for Victims of Domestic Violence Act
The bill proposes to amend the VAWC Act by increasing the current paid leave of absence from 10 days to a total of 15 days.
5. House Bill No. 1629 — Older Filipino's Protection From Violence Act
The legislation aims to protect older or disabled people from institutional, community, and domestic violence, as well as sexual assault. Domestic violence is defined as any act or threat of violence committed by any of the following:
victim's current or former spouse
a person related to the victim by blood or marriage
person who is or has been cohabiting with the victim
person who has a child in common with the victim
person who is or has been in a romantic or intimate social relationship with the victim
a person in a similar situation to the victim's spouse
person similarly situated to a spouse of the victim
6. House Bill No. 5273 — An Act Requiring Employers to Provide Employment Leave for Victims of Domestic Violence
The bill proposes to give victims of domestic violence a 10-day leave of absence.
7. House Bill No. 5584 — 2017 Anti-Domestic Violence Act Against Individuals Including Members of the LGBT Community Other Than Women and Children
The law aims to punish domestic violence crimes committed against people who are not women or children.
8. House Bill No. 0100 — Absolute Divorce Act of 2019
The bill cites physical violence as one of the reasons for an absolute divorce.
-------------------------------------------------------------------------------------------------------------------------------------------------
Specific parts of the court system that address domestic violence
In accordance with Republic Act 8369, also known as the Family Courts Act of 1997, cases involving domestic violence are heard in the regional trial courts that are specifically designated as family courts ("Family Courts Act"). Only family courts have the original authority to hear and decide domestic violence cases involving the following:
Women: This includes gender-based acts of violence that harm or are likely to harm women physically, sexually, or psychologically, as well as other types of physical abuse like battering or threats and coercion that violate a woman's personhood, integrity, and freedom of movement.
Children: This includes committing all forms of abuse, neglect, cruelty, exploitation, violence and discrimination, and all other conditions prejudicial to their development.
Potential causes of action
After experiencing physical, mental, and emotional abuse, survivors of domestic violence may continue to experience difficult effects. Domestic violence victims have the right to file criminal charges against the offender, as well as civil claims for support and preventative measures like barangay protection orders, temporary protection orders, and permanent protection orders.
Reference:
Fighting Domestic Violence. (2022). Baker McKenzie Resource Hub. https://resourcehub.
Comments