Implementing Rules and Regulations RA 9262Anti-Violence Against Women and Their Children Act of 2004

Implementing Rules and Regulations RA 9262Anti-Violence
Against Women and their Children Act of 2004Rule I General

ProvisionsSection 1.Title. – These Rules shall be known and cited as
“The Rules and Regulations Implementing the Anti-Violence Against
Women and Their Children Act of 2004.”Section 2.Purpose. – These
Rules and Regulations are hereby promulgated to prescribe the
guidelines and procedures for the implementation of Republic Act No.
9262 in order to ensure that women and their children have effective
access to justice and to services and programs. These Rules and
Regulations shall serve as the minimum guidelines and standards for
service providers including government officials and personnel of
national government agencies and local government units.Section
3.Declaration of Policies. – 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 (UDHR), the Convention on the Elimination of All
Forms of Discrimination Against Women (CEDAW), the Convention on
the Rights of the Child (CRC) and other international human rights
instruments to which the Philippines is a party.Section 4.Construction.
– These Rules and Regulations shall be liberally construed to promote
the protection and safety of victims of violence against women and
their children (VAWC). All doubts in the implementation and
interpretation hereof shall be resolved in favor of women and their
children consistent with the spirit and letter of the law.Rule II Definition
Of TermsSection 5.Definition of Terms. – As used in these rules and
regulations, unless the context otherwise requires, the following terms
shall be understood to mean:a) Act – refers to the Republic Act No.
9262, otherwise known as the “Anti-Violence Against Women and
Their Children Act of 2004”;b) Council – refers to the Inter-Agency
Council on Violence Against Women and Their Children (IAC-VAWC)
created under Section 39 of the Act;c) 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 results 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:1. Physical
violence refers to acts that include bodily or physical harm;2. 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; andc) prostituting the woman or her child.3.
Psychological violence refers to acts or omissions causing or likely to
cause mental or emotional suffering to 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.4.
Economic abuse refers to acts that make or attempt to make a woman
financially dependent which includes, but is not limited to the
following:a) 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;b) 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;c) destroying household property; andd)
controlling the victim’s own money or properties or solely controlling
the conjugal money or properties.

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Implementing Rules and Regulations RA 9262Anti-Violence

Against Women and their Children Act of 2004Rule I General

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