Implementing Rules and Regulations RA 9262Anti-Violence Against Women and Their Children Act of 2004
These rules and regulations provide guidelines for implementing Republic Act No. 9262, also known as the Anti-Violence Against Women and Their Children Act of 2004. The regulations define violence against women and children and prohibit physical, sexual, and psychological harm. They also ban economic abuse, such as preventing women from engaging in work or controlling household finances. The regulations aim to protect women's and children's safety, security, and access to justice. They establish minimum standards that government agencies must follow to implement the Anti-Violence Against Women and Their Children Act of 2004.
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Implementing Rules and Regulations RA 9262Anti-Violence Against Women and Their Children Act of 2004
These rules and regulations provide guidelines for implementing Republic Act No. 9262, also known as the Anti-Violence Against Women and Their Children Act of 2004. The regulations define violence against women and children and prohibit physical, sexual, and psychological harm. They also ban economic abuse, such as preventing women from engaging in work or controlling household finances. The regulations aim to protect women's and children's safety, security, and access to justice. They establish minimum standards that government agencies must follow to implement the Anti-Violence Against Women and Their Children Act of 2004.
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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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