Republic Act 9262, entitled “An Act Defining Violence Against Women and Their Children, Providing for Protective Measures For Victims, Prescribing Penalties Therefore, and For Other Purposes took effect on March 8, 2004. Its short title is the “Anti-Violence Against Women and Their Children Act of 2004.[1] Its declared purpose is to emphasize that the State values the dignity of women and children and guarantees full respect for human rights, and the need to protect the family and its members, particularly women and children, from violence and the 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.[2]
Sources of Law
The Constitution. – The 1987 Constitution is the fundamental law of the land to which all laws and regulations must conform to. It is the source of governmental powers, and a contract between the government and the government by which they vowed themselves to abide its provision. Among the many provisions of the 1987 Constitution which protect women and children from abuse and violence, among others, the following may be cited;
- Art. II, Section 11- The State values the dignity of every human person and guarantees full respect for human rights.
- Art. II. Section 14 – The State recognizes the role of women in nation-building and shall ensure the fundamental equality before the law of men and women.
The Universal Declaration of Human Rights. – The Universal Declaration of Human Rights was adopted by the United Nations General Assembly on December 10, 1948, as a result of the depredations and widespread human suffering caused by World War II. “With the end of that war, and the creation of the United Nations, the international community vowed to never again allow atrocities like those of that conflict to happen again. World leaders decided to complement the UN Charter with a road map to guarantee the rights of every individual everywhere”[3]
The Convention on The Rights of the Child. – Took effect on. September 2, 1990. In its preamble, the Convention recognized that the “the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding”, and that “the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before, as well as after birth”. Thus in Article 1,thereof, All State Parties were mandated to respect and ensure the rights set forth in the present Convention to each child within their own jurisdiction of any kind, irrespective of the child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.” Among the rights of the child guaranteed are: the right to life; the right to be registered immediately after birth and to acquire the right to a name , nationality, to know and to be cared for by his parents; his right to preserve his identity; to not be separated from his parents against their will; Article 19 of the Convention specifically provides that States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent (s), legal guardian (s) or any other person who has care of the child.[4]
The Convention on the Elimination of Discrimination Against Women. – The Convention on Elimination Of All Forms of Discrimination Against Women is described as the international bill of rights for women. Discrimination against women is defined in the convention as “any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.” States Parties who accede to the Convention bind themselves to: a) incorporate the principle of equality of men and women in their legal system, abolish all discriminatory laws and adopt appropriate one prohibiting discrimination against women; b) to establish tribunals and other public institutions to ensure the effective protection of women against discrimination; and c) to ensure elimination of all acts of of discrimination against women by persons, organizations or enterprises.[5]
“The enactment of R.A. 9262 aims to address the discrimination brought about by biases and prejudices against women. As emphasized by the CEDAW Committee on the Elimination of Discrimination Against Women, addressing or correcting through specific measures focused on women does not discriminate against men. Petitioner’s contention, therefore that R.A. 9262 is discriminatory, and that it is an “anti-male,” “anti-husband,” and “hate-men” law deserves scant consideration. As a State Party to the CEDAW, the Philippines bound itself to take all appropriate measures “to modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of inferiority or superiority of either of the sexes on or stereotyped roles for men and women.”[6]
The Philippines is a State party to both the CEDAW and Convention on the Rights of the Child. – “In 1979, the U.N. General Assembly adopted the CEDAW, which the Philippines ratified on August 5, 1981. Subsequently, the Optional Protocol to the CEDQW was also ratified by the Philippines on October 6, 2003. This Convention mandates that State parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations on the basis of equality of men and women. The Philippines likewise ratified the Convention on the Rights of the Child and its two protocols. It is thus, bound by said Conventions and their respective protocols.”[7]
RA 9262 is the government’s fulfillment of its obligations under the CEDAW and other international instruments. – “The Declaration of Policy in Republic Act No. 9262 enunciates the purpose of the said law, which is to fulfill the government’s obligation to safeguard the dignity and human rights of women and children by providing effective remedies against domestic violence or physical, psychological, and other forms of abuse perpetuated by the husband, partner, or father of the victim. The said is also viewed within the context of the constitutional mandate to ensure gender equality, which is quoted as follows:
Section 14. The State recognizes the role of women in nation-building and shall ensure the fundamental equality before the law of women and men.
It has been acknowledged that “gender-based violence is a form of discrimination that seriously inhibits women’s inability to enjoy rights and freedoms on a basis of equality with men. Republic Act No. 9262 can be viewed thereof as the Philippines’ compliance with the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which is committed to condemn discrimination against women and directs its members to undertake, without delay, all appropriate means to eliminate discrimination against women in all forms both in law and in practice. Known as the International Bill of Rights for Women, the CEDAW is the central and most comprehensive document for the advancement of the welfare of women. It brings into the focus of human rights concerns, and its spirit is rooted in the goals of the UN: to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women. The CEDAW, in its preamble, explicitly acknowledges the existence of extensive discrimination against women, and emphasized that such is a violation of the principles of equality of rights and respect for human dignity.”[8]
RA 9262 guarantees full respect for human rights. – “To restate, the policy of RA 9262 is to guarantee respect for human rights. Towards this end, the State shall exert efforts to address violence committed against children in keeping with the fundamental freedoms guaranteed under the Constitution, the Universal Declaration of Human Right, the Convention on The Rights of the Child, and other international human rights instruments of which the Philippines is a party.
Specifically, Section 3(2), Article XV of the 1987 Constitution espoused the State to defend “[t]he right of children to assistance, including proper care and nutrition and special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development; x x x.” Also, Article 25(2) of the Universal Declaration of Human Rights advocated that “[m]otherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.” Further, the Philippines as a State party to the Convention on the Rights of the Child has the following international commitments, to wit:
Preamble
The States Parties to the present Convention,
X x x x
Recognizing that the child, for the full and harmonious development of his or her personality should grow up in a family environment, in an atmosphere of happiness, love and understanding;
X x x x
Article 2
X x x x
2. States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child’s parents, legal guardians, or family members.
Article 3
- In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.
- States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legal responsible for him or her, and to this end, shall take all appropriate legislative and administrative measures.
X x x x
Article 9
- States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parent, or one where the parents are living separately and a decision must be made as to the child’s place of residence.
X x x x
Article 19
- States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parents(s), legal guardian(s) or another person who has the care of the child.
X x x x
Article 39
States parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts. Such recovery and reintegration shall take place in an environment which fosters the health, self-respect and dignity of the child. (Emphases supplied)
Notably, the Committee on the Rights of the Child commented that “all forms of violence against children, however lights, are unacceptable. X x x Frequency, severity of harm and intent to harm are not prerequisites for the definitions of violence. “The United Nations Children’s Fund recognized “violence against children x x x as global human rights and public health problems of critical importance.” Also, violence against children takes many forms, including physical, sexual and emotional abuse, and may involve neglect or deprivation. Violence occurs in many settings, including the home, school, community and over the Internet. Similarly, a wide range of perpetrators commit violence against children, such as family members, intimate partners, teachers, neighbors, strangers and other children. The World Health Organization said that [v]iolence against children includes all forms of violence against people under 18 years old, whether perpetrated by parents or other caregivers, peers, romantic partners, or strangers. X X X.”[9]
RA 9262, a landmark legislation. – R.A. 9262 is a landmark legislation that defines and criminalizes acts of violence against women and their children (VAWC) perpetrated by women’s intimate partners, i.e. husband former husband, or any person who has or had a sexual or dating relationship, or with whom the woman has a common child, The law provides for protection orders from the barangay and the courts to prevent the commission of further acts of VAWC; and outlines the duties and responsibilities of barangay officials, law enforcers, prosecutors and court personnel, social workers, health care providers, and other local government officials in responding to complaints of VAWC or requests for assistance;[10]
RA No. 9262, a social legislation that addresses domestic violence. – “Republic Act. No. 9262 is a social legislation enacted as a measure to address domestic violence. It acknowledges that in situations where abuse happens at home, women are the likely victims. This is largely due to the unequal power relationship between men and women, and the widespread gender bias and prejudice against women which have historically prevented their full advancement, forcing them into subordination to men.
The law specifically protects women from violence committed in the context of an intimate relationship, which can be physical violence, sexual violence, psychological violence, or economic abuse. This also includes those committed against the woman’s child.”[11]
RA 9262 is a measure taken by the State to address a societal problem. – Republic Act. 9262 is a measure taken by the State to address a societal problem it identified as deserving of social legislation. Violence against women and their children has continued throughout history, and it is a societal illness that needs correction. This is the law’s objective. It does not intend to sever familial ties, but to preserve and harmonize the family by protecting its members from violence and threats to their safety and security.[12]
R.A. No. 9262 seeks to address one form of violence committed against women – economic abuse. – “Under R.A. No. 9262, the provision of spousal and child support specifically address one form of violence committed against women.- economic abuse.[13]
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:
- 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;
- 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;
- Destroying household property;
- Controlling the victim’s own money or properties or solely controlling the conjugal money or properties.
R.A. 9262 was not meant to make the partners of women criminals on their mere inability to provide for their families, without malice or intention. – “The Court sees the need for this clarification, as R.A. 9262 was not meant to make the partners of women criminal just because they fail or are unable to financially provide for the,. Certainly, courts cannot send individuals to jail because of their mere inability — without malice or evil intention – to provide for their respective families. In a developing country like ours, where poverty and unemployment are especially rampant, courts would inevitably find themselves incarcerating countless people, mostly fathers, should the interpretation be that mere failure or inability to provide financial support is enough to convict under Sections 5 ( e ) and 5 (i). x x x .”[14]
[1] Sec. 1, RA 9262
[2] Sec. 2, RA 9262.
[3] https://www.un.org/en/about-us/udhr/history-of-the-declaration, accessed on December 11, 2023, 2:28PM
[4] https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child; accessed on December 11, 2023 at 2:48 PM
[5] https://www.un.org/womenwatch/daw/cedaw/text/econvention.htm, accessed on December 12, 2023, 3:37 PM
[6] Garcia vs. Drilon, G.R. No. 179267, June 25, 2013
[7] Garcia vs. Drilon, G.R. No. 179267, June 25, 2013
[8] Concurring Opinion, J. Leonardo-De Castro, Garcia v. Drilon. G.R. no. 179267, June 25, 2013
[9] [9] Randy Michael Knutson, acting in behalf of minor Rhuby Sibal Knutson, v. Hon. Elisa Sarmiento-Flores, in her capacity as Acting Presiding Judge of Branch 96, RTC Taguig City, and Rosalina Sibal Knutson, respondent
[10] Garcia vs Drilon, G.R. No. 179267, June 25, 2013
[11] Estacio vs. Estacio, G.R. No. 211851, September 16, 2020
[12] Estacio vs. Estacio, G.R. No. 211851, September 16, 2020
[13] Republic of the Philippines vs. Yahon, G.R. no, 201043, June 16, 2014
[14] Acharon v. People of the Philippines, G.R. No. 224946, November 9, 2021