03 September 2012

Punishable Acts and the Penalties under R.A. 9262 (Anti-Violence Against Women and Children Act)


Punishable Acts

Section 6. 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 7. 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 to 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 her 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 or access 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;
4. Preventing the woman in engaging in any legitimate profession, occupation, business or activity, or controlling the victim’s own money 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;
5 Engaging in any form of harassment or violence; and
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 or denial of access to the woman’s child/children.

Section 8. Penalties – In relation to Sec. 7 hereof, the acts complained of are punishable with the provisions set forth in this Section:
a) Acts falling under Section 7(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 prision mayor; those constituting less serious physical injuries shall be punished by prision correctional; and those constituting slight physical injuries shall be punished by arresto mayor.
Acts falling under Section 7 (b) shall be punished by imprisonment of two (2) 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 Section 7(c) and 7(d) shall be punished by arresto mayor;
c) Acts falling under Section 7(e) shall be punished by prision correccional;
d) Acts falling under Section 7(f) shall be punished by arresto mayor;
e) Acts falling under Section 7(g) shall be punished by prision mayor;
f) Acts falling under Section 7(h) and Section 7(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 this section.
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 (P300, 000.00); and undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to the court.

16 comments:

  1. Attorney good morning,
    I am Lalai legal age of 32,i am complaining the father of my child he was abandoned my child to remarry another woman in Islam last last year 2013 in June,and he was marriage to the 1st wife last June 27,1994 and have a child to other woman last 2008,then i am also the second woman have a baby Jan,2013,and now the 3rd woman he remarry they got married June 28,2013 have a child Nov,9,2014 too...what are the punishment are to be given to that man of his wrong doing suite the RA 9262 and other penalties?

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  2. Hi mam, if your husband is abusing you physically, mentally or emotionally he will be punished under this law. Also, if he continues to engage with other woman , have a baby and not giving the right financial support to it he will be punished. I don't know if I have given you the right advice but that is what I understood about RA9262. By the way, you can read some legal advice from NDV Law's website.

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  3. Hello po, i filed a case against my husband re RA9262 pero di ko po specific ang nailagay ko sa case like psychological abuse. kasi po iniwan nya ako at pinili ang kanyang mistress. Sila po ay nagli live in since umalis po sya ng bahay last July 4, 2014 until now po they live together at ang mistress po nya ay buntis at sya ang ama. pareho po nilan inamin sa akin through private message sa social network na nag li live in na sila at buntis ang kabit. Before ako nag file ng case, kinausap ko po ang asawa ko para ayusin namin pero tinakot pa po nya ako na patayin para walang magdemanda sa kanya. Kaya nag file po ako ng case na RA9262 instead of concubinage kasi di ko po alama ang complete address ng babae na kung saan sila nakatirang dalawa at naka 2 hearings na po sa fiscal pero di po sumipot ang asawa ko, ano po ang punishment nun? Tapos ang ang mistress po ay nagme message po sa akin at hinaharass po ako sinasabing sila na daw ang magsasama ng asawa ko at di daw ako mahal at niloloko lang, minumura, nilalait at tinakot din po nya ako na sasaktan, ano po ang case na pede ko i file sa babae? Saan po ako pede mag request ng hold departure order if in case may balak silang umalis ng bansa? I need your help regarding this case, i am emotionally affected pati na rin po yung health ko apektado, nahihiya na rin po ako makiharap sa nakaalam ng sitwasyon ko. Thank you po.

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  4. I'm a daughter. I'm 17, turning 18 this December. My parents use a deprivation of food and education as a punishment. Is that a proper way to discipline me? Plus, they don't permit me to decide for what course I shall choose. I believe that's a violation of my rights as a minor. What should I do? They're my parents so I can't defend my rights.

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  5. Can you please give some advice? I'm 19, turning 20 this November 21. I would like to ask if there is some kind of law that protects me because my account in Facebook and Yahoo was hacked by someone I don't know and my photos were uploaded in a pornography site and he also tagged my Facebook account with the photos. What should I do?

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  6. can you please me some advice. i dont know what to do. i got pregnant by my boyfriend. by the time he knew that i am pregnant, he didnt txt or call me. his family is hiding him from me. i dont receive any support. what should i do? can i file a case against them?

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    Replies
    1. yes mam u can file a case against him... pasok po yan sa violation of RA 9262

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    2. I'm now 6 months pregnant. I inforemed my boyfriend earlier regarding my situation.He just told me that he's not yet prepared. Then few months had past, i was shocked that he's with his live in partner with their child. By this time I'm emotionally stress of what happens to my life. I'll file a case to him of RA 9262 last Dec. 29.2014. Hopefully it could be helpful for me and for my baby.

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  7. Pwde ko ba ireklamo at maipakulong ang karelasyon ko pang nanakit verbal at physical abuse?

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  8. Sana po may makausap ako regarding sa kaso na gusto ko i file just to get a piece of mind. 09176218463

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  9. I'm now 6 months pregnant. I inforemed my boyfriend earlier regarding my situation.He just told me that he's not yet prepared. Then few months had past, i was shocked that he's with his live in partner with their child. By this time I'm emotionally stress of what happens to my life. I'll file a case to him of RA 9262 last Dec. 29.2014. Hopefully it could be helpful for me and for my baby.

    ReplyDelete
  10. I'm now 6 months pregnant. I informed my boyfriend earlier regarding my situation.He just told me that he's not yet prepared. Then few months had past, i was shocked that he's with his live in partner with their child. By this time I'm emotionally stress of what happens to my life. I'll file a case to him of RA 9262 last Dec. 29.2014. Hopefully it could be helpful for me and for my baby.

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  11. Good evening po! Nagfile po ako ng reklamo sa POEA last Sept. 17, 2014 laban sa husband ko sa pag declare nya na single sya sa POEA. Nakakuha po kasi ako ng kopya sa Records Division ng POEA na single ang nilagay nya. Nagkaroon po kami ng hearing at sa documents na pinakita nya ay naka declare naman na married sya. Sa parehong records division namin kinuha yun,

    Sa huling hearing ay nagbigay kami ng anak kong 19 years old ng Memorandum of Agreement tungkol sa demands namin particularly tungkol sa financial support na 50% ng net income nya sa Saudi, Php200,000 bilang singil or retroactive amount sa mga kulang na pinadala nya since nasa abroad sya hanggang Dec 2014 at share sa pinagbentahan nya sa van namin. Nun Dec 2014 ay hindi na po sya nagpadala ng sustento nun malaman nya tungkol sa reklamo ko sa POEA laban sa kanya.

    Feb 2012 pa pala sya nasa Saudi at sumasahod sya ng SR7000/monthly (roughly Php80,000 a month). Pero September 2012 lang sya nagbigay ng monthly support na Php5000. July 2013 ginawa nyang Php7000 monthly. Itinago ng mother nya at ate nya na nasa abroad sya. Hiwalay na po kami dahil may kabit sya at nagkaanak na sila ng kabit nya ng 2 lalaki. Hindi rin nya nilagay ung anak namin sa POEA beneficiary nya samantalang nun 2012 na umalis sya ay 17 years old lang ang anak namin. Nilagay lang nyang beneficiary ay ung 2 illigitimate children nya at ung nanay nya.

    Pinagsubmit sya sa POEA ng notarized reply sa reklamo ko at sagot sa Memorandum of Agreement. Nagpadala sya sa bahay namin ng sagot nya sa POEA at sa Memorandum of Agreement sa pamamagitan ng abogado nya. Ang ibibigay lang daw nya ay 50% net income nya sa Saudi na Php25,000 monthly. Hindi daw nya ibibigay ung hinihingi naming Php200,000 na kakulangan or retroactive amount na hinihingi namin at hindi din dw sya magbibigay ng kalahati sa pinagbentahan sa van namin dahil nagamit na dw nya ung perang pinagbentahan nun sa placement fee nya. Naibenta nya ang sasakyan namin ng wala akong pirma bilang kanyang spouse/wife eh di po ba conjugal property un?

    Pakipayuhan nyo naman po kami kung ano ang mga karapatan naming nalabag sa ilalim ng RA 9262 at kung ano po ang dapat namin isampang kaso laban sa mister ko. Meron po kaya kayo pwede irekomendang abogado na tumatanggap ng sinasabi nilang Pro Bono?

    Maraming salamat po at pagpalain nawa tayo ng Poong Maykapal!

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    Replies
    1. Ako po ay nananahi lang ng apron bilang hanapbuhay.

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  13. Hi. I'd like to file a case of RA9262 against my Ex-bf. Im almost 8 months pregnant now. He had threatened me, destroyed my tablet, kicked my electric fan, and threatening to deny financial support. He kept on saying to support the child to other people though. We had an affidavit signed in PAO but he's not honoring it. In the affidavit, his atm is with me to make sure I get the 50% of his net salary for financial support after our child is born. Right now, we're sharing 50-50 or half of the expenses for the prenatal. I'm doubtful they will pay half for the delivery and he's making his owns to try to get his atm back. Another affidavit he signed is the acknowledgement of his debt that I will get his payment per cut off and the half of the expenses. This is getting me stress and I'm also having episodes of bleeding.

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