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VAWC

Violence Against Women and Their Children

What is VAWC?
Anti Violence Against Women and Their Children Act

of 2004 or otherwise known as VAWC, is a law passed


in the Philippines for the protection of women and
children from violence. This law establishes the
parameters and guidelines, 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 2 of R.A. 9262)


What are the acts of violence which are covered under R.A.
9262?

R.A. 9262 covers several acts of violence,

which are:
(a) Sexual Violence the acts which are
sexual in nature;
(b) Psychological Violence Acts or omissions
causing or likely to cause mental or emotional
suffering of the victim;
(c) Economic Abuse Acts that make or
attempt to make a woman financially
dependent upon her abuser;

What are the kinds of sexual violence


that could be covered under this law?
Sexual violence are acts which are sexual in nature, committed

against a woman or her child, and are 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 victims body, forcing him or her 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.

What are the


qualifications for an act or
a series of acts to be
considered as a crime of
violence against women
through physical harm?

The limiting qualifications for any act or series of

acts to be considered as a crime of violence


against women through physical harm are the
following:
a) It is committed against a woman or her child
and the woman is the offenders wife, former wife,
or with whom he has or had a sexual or dating
relationship or with whom he has a common child;
b) It results in or is likely to result in physical
harm or suffering.
(Dabalos v. RTC, Branch 59, Angeles City,
G.R. No. 193960, 07 January 2013)

.What are the elements of the crime of


violence against women through harassment?
The elements of the crime of violence against

women through harassment are:


a) The offender has or had a sexual or dating
relationship with the offended woman;
b) The offender, by himself or through another,
commits an act or series of acts of harassment
against the woman;
c) The harassment alarms or causes substantial
emotional or psychological distress to her.
(Ang v. Court of Appeals, G.R. No. 182835, 20
April 2010

Define dating relationship as


used under R.A. 9262.
It is 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. The dating relationship that the law contemplates can,
therefore, exist even without a sexual intercourse taking place between those
involved. A casual acquaintance or ordinary socialization between two individuals in a
business or social context is not a dating relationship.

Rustan also claims that since the relationship between Irish and him was of the "onand-off" variety (away-bati), their romance cannot be regarded as having developed
"over time and on a continuing basis." But the two of them were romantically
involved, as Rustan himself admits, from October to December of 2003. That would
be time enough for nurturing a relationship of mutual trust and love. An "away-bati"
or a fight-and-kiss thing between two lovers is a common occurrence. Their taking
place does not mean that the romantic relation between the two should be deemed
broken up during periods of misunderstanding. Explaining what "away-bati" meant,
Irish explained that at times, when she could not reply to Rustans messages, he
would get angry at her. That was all. Indeed, she characterized their three-month
romantic relation as continuous.(Ang v. Court of Appeals, G.R. No. 182835, 20
April 2010)

Define sexual relations as used


under R.A. 9262.
It refers to a single sexual act which may or

may not result in the bearing of a common


child.

What are the kinds of psychological violence


that could be covered under this law?
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 mental 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.

Deviant behavior of
VAWC

What is being done with this


deviant?

As a future Social Worker,..?

Reference
Atty. Rainier Mamanguns Blog
Attorney at Law
http://www.mylawyer.asia

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