Stop Domestic Violence against children in Philippines
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Philippine children are being refused protection by government agencies because of a lack of education of Republic Act 9262 (RA9262), and their misguided view or corruption;
I have been told a child can only Prosecute their mother and be protected from their mother under RA9262 (Domestic Violence Law introduced in 2004 to protect children) for serious Domestic Violence if they are having a Sexual Relationship with their mother. This is ludicrous!
The reference in the Law where the Perpetrator must be having a "dating or sexual relationship" with the mother, if the mother is the Victim, is to show it is a Domestic environment and not a stranger.
It does not state in the Law that a child victim must be having a "dating or sexual relationship" with the Perpetrator, yet the Law is being twisted to give immunity from violent mothers who abuse children.
In 2003 Bill 2723 was introduced into the Senate Sponsored by Senator Loi Estrada. A proposed law to stop "Domestic Violence". In the proposed new law and Bill 2723, the Victims were to be Women, Men, Children, and any other household member in a domestic situation. Terms such as "Sexual Partner" and "Sexual Relationship" were used to show a "Domestic Relationship" as it did not cover only married men and women, but all men and women in a domestic environment, married or not.
The Law is not being followed by government departments and employees and the State are not following it's Guarantee to respect Human Rights of the Child.
Under the proposed Bill 2723 / 2003 which became RA 9262;
* A Woman could Charge and Prosecute a Man for Domestic Violence
* A Woman could Charge and Prosecute a Child for Domestic Violence
* A Man could Charge and Prosecute a Woman for Domestic Violence
* A Man could Charge and Prosecute a Child for Domestic Violence
* A Child could Charge and Prosecute a Man for Domestic Violence
* A Child could Charge and Prosecute a Woman for Domestic Violence
There was a proposed amendment by Senator Francis Pangilinan to Bill 2723 pushed by the woman's movement to focus on Women only, but a proposed amendment by Senator Sotto, to the proposed amendment by Senator Francis Pangilinan, left the Bill and proposed Law as "Women & Children", excluding Men as Victims.
In the original Bill before the amendment removing "Men as Victims", a Child could Charge and Prosecute a Woman for Domestic Violence and by removing "Men" as Victims some believe that gave immunity for a Woman to be Prosecuted for Abusing a Child, which is clearly not the case.
Nothing in the amendment of removing Men's protection under the Bill changed this, yet so many uneducated government employees do not understand the law RA 9262, and how it was enacted.
GUARANTEES BY THE STATE;
In RA 9262 it even Guarantees the Rights of a Child to be protected from her mother or a woman;
"RA 9262 SECTION 2. Declaration of Policy.- 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, 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."
By the "State" not educating their employees, they are failing on their Guarantee in RA 9262
ERROR IN DRAFTING RA 9262;
When Senate Bill 2723 was approved and became Law under RA 9262 there was a small error that does cause confusion; The Law approved was for "Women AND Children" not "and their". What is the difference?
*Some believe that a woman cannot be Charged and Prosecuted unless it is her Child being Abused;
A Child, living with her biological father who is either widowed or annulled, and also living with her fathers new partner in a Domestic Environment, can Charge and Prosecute the live-in partner. That was the intention of the Law, yet some believe because the woman is not the biological mother, she is immune to prosecution and free to Abuse the Child under RA 9262, which is again clearly incorrect. This again is also covered by the Child's Human Rights Guaranteed by the State under RA 9262.
RE: RULE ON VIOLENCE AGAINST
WOMEN AND THEIR CHILDREN
Acting on the report of the Committee on Revision of the Rules of Court submitting for this Court’s consideration and approval the Proposed Rule on Violence Against Women and Their Children, the Court Resolved to APPROVE the same.
The Rule shall take effect on November 15, 2004 following its publication in a newspaper of general circulation not later than October 30, 2004.
October 19, 2004.
SEC. 3. Objectives.—The objectives of this Rule are:
(a) To protect the rights of the family and its members particularly women and children from violence and threats to their personal safety and security;
(b) To enable the courts to manage and monitor cases involving violence against women and children and the members of their family or household;
(c) To prevent any disruption in the daily lives of the offended parties and assist them to regain control of their lives;
(d) To ensure that treatment is provided for the offended parties and offenders; and
(e) To hold the offenders accountable for their acts.
SEC. 4. Definitions.—As used in this Rule:
(a) “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 a woman with whom the person has or had a dating or sexual relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which 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.
(b) “Children” refers to persons below eighteen years of age or older but are unable to fully take care of themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition. It includes the biological children of the offended party and other children under her care.
(c) “Members of the family” shall include husband and wife, parents and children, the ascendants or descendants, brothers and sisters, whether of the full or half blood, whether living together or not.
(d) “Members of the household” shall include:
(1) Spouses, common-law spouses, former spouses, whether living together or not, and their children;
(2) Relatives by consanguinity or affinity up to the sixth civil degree, including stepparents and stepchildren living together in the same house; and
(3) Domestic helpers in the service of the employer, whose services are usually necessary or desirable for the maintenance and enjoyment of the home, who attend to the personal comfort and convenience of the members of the household.
RULED BY FAMILY COURT;
I personally have a Ruling by the Family Court of the Philippines that I can Avail remedies under RA 9262 against my mother, in the form of a Permanent Protection Order. This has now been determined by the Court a Child can Avail remedies under RA 9262 against a woman, and is now Law.
I should not have no argue with Government departments when a Court of the Philippines has determined that a Child can Avail RA 9262 against a woman or their mother.
I should not have to argue with uneducated Government departments when seeking Criminal remedies under RA 9262.
The State should educate all Government Departments and their employees that Children are Protected under RA 9262 from Domestic Violence committed by a women in a domestic environment, whether there mother of not, and follow the Guarantee of the State under RA 9262 to uphold the Human Rights of Children, and follow the determination by the Court of the Philippines in my Ruling.
It is the Role of the Government to educate and train person involved;
"RA 9262 SECTION 42". Training of Persons Involved in Responding to Violence Against Women and their Children Cases. – All agencies involved in responding to violence against women and their children cases shall be required to undergo education and training to acquaint them with:
a. the nature, extend and causes of violence against women and their children;
b. the legal rights of, and remedies available to, victims of violence against women and their children;
c. the services and facilities available to victims or survivors;
d. the legal duties imposed on police officers to make arrest and to offer protection and assistance; and
e. techniques for handling incidents of violence against women and their children that minimize the likelihood of injury to the officer and promote the safety of the victim or survivor.
The PNP, in coordination with LGU's shall establish an education and training program for police officers and barangay officials to enable them to properly handle cases of violence against women and their children.
I should not have to suffer because the State has not educated their employees.
I have been abused enough physically and psychologically in my life by my mother including two attempts on my life and I am now being abused by the State in their ignorance and the law not being followed.
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