Revisiting Anti-VAWC Act of 2004 (RA 9262) in the wake of Covid-19’
Some women are trapped in their homes together with their abusers due to community lockdowns and travel restrictions imposed by the government
Published in Daily Tribune on July 21, 2022
by: Henio M. Pajarito
The latest data and reports show an alarming increase in incidents of violence against women (VAW) globally, specifically domestic violence. In the Philippines, the Commission on Population and Development (PopCom) disclosed the results of a recent Social Weather Stations survey revealing that 1 out 4 Filipino adults across the country see violence against women as one of the most pressing issues that women face during the pandemic.
This is because some women are trapped in their homes together with their abusers due to community lockdowns and travel restrictions imposed by the government. Still, a lot of cases remained unreported because according to the Philippine National Police, VAW cases dropped during the pandemic. Again, this can be attributed to the lack of access of many women to communication and the continuous home quarantine restrictions imposed by the government.
In times like these, stricter enforcement of the law must also be imposed to address VAW. In the country, several government mechanisms have already been put in place to address the same. One is Republic Act (RA) 9262 or the Anti-Violence Against Women and their Children Act of 2004 (Anti-VAWC) which is the Philippine law that protects women and their children against domestic violence.
Under the said law, violence against women and their children is defined as any act or a series of acts that result 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 committed by any person against (1) a woman who is his wife, former wife, or a woman with whom the person has or had a sexual or dating relationship; (2) a woman with whom he has a common child; or (3) against her child whether legitimate or illegitimate, within or without a family abode.
The crime can be committed by any person. In the case of Garcia vs. Drilon, G.R. 179267, 25 June 2013, the Supreme Court clarified that a lesbian partner is covered by RA 9262. The use of the gender -neutral word “person” who has or had a dating relationship with the woman encompasses even lesbian relationships.
It is interesting to note that marital infidelity is now also considered violence against women. In the recent case of Araza vs People, G.R. 247429, 08 September 2020, the Supreme Court ruled that marital infidelity may constitute psychological violence under Section 5(i) of Republic Act 9262. In the said case, the Supreme Court considered marital infidelity as a form of psychological violence since it is the proximate cause of the offended party’s emotional anguish and mental suffering.
The offended party may avail of protection orders under RA 9262. Section 8 of the said law provides for protection orders, namely, the barangay protection order (BPO), the temporary protection order (TPO), and the permanent protection order (PPO). The request for BPO shall be filed in the appropriate barangay while the requests for TPO and the PPO shall be filed with the appropriate court. Once granted, these protection orders will help the victim of domestic violence to defend themselves from further harm and empower them to restore normalcy in their lives.
More needs to be done to make the country VAW free. May women who are victims of violence find courage in seeking the justice that they deserve. May the whole community empower each other to end any form of violence against women, especially during this health crisis.
