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When an act is illegal, the intent of the offender is immaterial. When the doing of an act is prohibited by law, it is considered injurious to public welfare, and the doing of the prohibited act is the crime itself.
- Gaerlan, [J]
[ G.R. No. 247348. November 16, 2021 ] CHRISTIAN CADAJAS Y...
- Lazaro-Javier, [J]
PEOPLE OF THE PHILIPPINES, RESPONDENT. CONCURRING OPINION....
- Caguioa, [J]
[ G.R. No. 247348. November 16, 2021 ] CHRISTIAN CADAJAS Y...
- Zalameda, [J]
The ponencia affirms petitioner's conviction for the crime...
- Leonen, [J]
PEOPLE OF THE PHILIPPINES, RESPONDENT. SEPARATE CONCURRING...
- Gaerlan, [J]
- 2.1 Are there civil and criminal legal remedies for domestic violence victims?
- 2.2 Is protection from domestic violence identified in national law as a human right?
- 2.6 If the Conventions have not been ratified or signed, is it envisaged that your country will do so?
- Domestic violence
- Harassment
- 3.1 Are there any other important domestic violence terms defined in relevant domestic violence statutes and codes?
- 4.3.2 Are there age limits on who can obtain orders?
- 5.1.1 When do the police get involved in domestic disputes or legal actions?
- 5.1.2 What circumstances affect law firm involvement?
- 5.2.1 Is proof required by any legal means?
- 5.2.2 Are there any requirements regarding evidence and documents?
- 5.2.3 Is proof "beyond a reasonable doubt" required?
- 5.2.4 Is the standard of proof different for ex parte orders?
- 5.3.2 Is willful intent required?
- 5.3.5 Is self-defense or insanity a defense?
- 5.4.5 Can children be called upon to testify?
- 5.4.6 What is the effect of a child victim on the charges against the offender?
- 5.6.1 Does the law notify the victim of the offender's release from custody?
- 6.3.1 Does the law include provisions that are intended to prevent abusers who are citizens or permanent residents of your country from using immigration laws to perpetrate domestic violence against their spouse?
- 6.3.3 Does domestic violence law discuss asylum accessibility?
- 6.4.1 Can a victim seek a military protective order if the abuser is in active military?
- 6.5.2 Can the judge consider the testimonies of the other spouse and the children when determining custody?
- 6.6.2 Does the law allow a tenant to terminate his/her lease early due to domestic violence?
- Section 14. How to Apply for a Barangay Protection Order.
Victims of domestic violence have grounds to file criminal actions against the perpetrator, actions that have for its purpose the provision of support, as well as actions to prevent further violence such as a barangay protection order, temporary protection order and permanent protection order. Damages may also be awarded to a victim of domestic vio...
Yes. The Philippines recognizes domestic violence as a violation of human rights. This is expressed in Section 2 of the VAWC Act: Sec. 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 i...
This does not apply to the Philippines, as it has ratified the CEDAW and its Optional Protocol.
Under the VAWC Act, domestic violence is referred to as violence against women and children, which is defined as 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...
Harassment has no specific definition in the VAWC Act. However, the Anti-Sexual Harassment Act defines sexual harassment. The law provides that sexual harassment can be committed in any of the following scenarios: (i) in a work-related or employment environment when the sexual favor is made as a condition to being hired or in the employment, reempl...
Other domestic violence terms worth noting are as follows:
No, there are no age limits on who can obtain protection orders.
The police generally get involved in domestic disputes or legal actions when they receive a complaint relating to a violation of the VAWC Act, when they encounter an ongoing act of domestic violence in flagrante delicto (caught in the act) and when they enforce a warrant of arrest issued by a court relating to a legal action arising out of a domest...
Police involvement does not generally affect law firm involvement. The law firm can assist in preparing and filing a complaint before law enforcement agencies and in coordinating with the police when effecting a warrant of arrest.
Yes. Proof is required throughout the criminal prosecution process, which is a two-stage process. A preliminary investigation is held before a public prosecutor requires proof sufficient to establish probable cause that a crime has been committed and that the respondent has committed the same. Once a formal charge is filed in court, the proof requi...
Yes. Evidence, whether testimonial or documentary, should be relevant and admissible in accordance with the Revised Rules on Evidence of the Philippines.
Yes, but only once a formal charge has been filed in court. During the preliminary investigation, only "probable cause" is required.
Yes. The Rules on Violence Against Women and Children only require the court to have "reasonable ground to believe that an imminent danger of violence against women and their children exists or is about to recur" for it to issue ex parte a temporary protection order.
It may or may not be required depending on the cause of action used as a basis for filing a criminal case. Filing a criminal case based on a crime under the RPC requires willful intent to commit a crime. On the other hand, a criminal case based on the VAWC Act or other special laws outside of the RPC may proceed without proof of willful intent to...
Yes, insanity or self-defense is a defense that the accused can invoke to exempt himself from criminal liability.
Yes, children can be called upon to testify. Under Section 6 of the Rule on the Examination of a Child Witness, every child is presumed qualified to be a witness. However, the court may conduct a competency examination, on its own or upon the motion of a party, where there is a doubt regarding the ability of the child to perceive, remember and comm...
Where the victim of the crime is a child, the circumstances can aggravate the imposable penalty or they become subject to a special penal law, which would commonly have higher penalties than those imposed under the RPC. For example, in the crime of rape under the RPC, when the victim is a minor and the offender is a parent, ascendant, stepparent,...
The VAWC Act does not specifically provide any information or any mandatory obligation regarding whether the victim will be notified of the offender's release from custody.
No, Philippine law does not have any provisions intended to prevent abusers who are citizens or permanent residents of the Philippines from using immigration laws to perpetrate domestic violence against their spouse.
Philippine domestic violence laws do not discuss asylum accessibility.
No, no law in the Philippines allows for the issuance of a military protective order if the abuser is in active military.
Yes, the rules do not provide any limitation on witnesses who may testify.
Philippine law is silent on this matter. However, this is subject to contractual stipulations if they are part of the agreed grounds for the termination of the lease. There could be a broad provision in the contract under which domestic violence may fall that may be used as a basis for termination.
x x x b) The Punong Barangay or Kagawad must issue the BPO on the same day of application, immediately upon the conclusion of the ex parte proceedings. The BPO shall state the last known address of the respondent, the date and time of issuance, and the protective remedies prayed for by the victim-survivor/petitioner pursuant to Section 13 hereof. ...
Nov 30, 2020 · Violence against children (VAC) and violence against women (VAW) affect the lives and welfare of millions of people around the world. Many women and children in the Philippines suffer...
The primary statute addressing domestic violence in the Philippines is Republic Act No. 9262 or the Anti-Violence Against Women and Their Children Act of 2004 ("VAWC Act") and its Implementing Rules and Regulations (IRR). The VAWC Act was enacted to address violence committed against women and their children in keeping with the fundamental ...
Many women and children in the Philippines suffer multiple types of violence. The multiple negative sequelae of this violence can be long-lasting throughout the lifespan and across generations as well as impacting on individuals, relationships, communities, and broader society.
The Facts. This case stemmed from an Information 6 dated October 23, 2012 filed before the RTC accusing petitioner of committing acts of child abuse, defined and penalized under Section 10 (a), Article VI of RA 7610, the accusatory portion of which states:
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It is a law the seeks to address the prevalence of violence against women and their children (VAWC) by their intimate partners like their husband or ex-husband, live-in partner or former live-in partner, boyfriend/girlfriend or ex-boyfriend/ex-girlfriend, dating partner or former dating partner.
