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Thursday, August 19, 2004

 

New law allows abused
women to sue partners

By Patricia Estevez, Reporter

FOR men out there who still think they can treat women as doormats, think again.

A new law allows women to sue their boyfriends or live-in partners for physical, emotional and verbal abuse even if they are only on a dating relationship and not yet married. Penalty includes imprisonment and a fine of not less than a hundred thousand pesos.

Republic Act 9262, or the Antiviolence Against Women and their Children law of 2004, coauthored by Rep. Bellaflor Angara Castillo, penalizes all acts of violence against women—whether they are married, in a live-in setup or in a relationship.

“The law does not specify violence only for married women, it is general and thus applicable to all women who experience psychological, physical, sexual and economic abuse,” said the lawyer Catherine Alvarez of the Women’s Unit of Sentro ng Alternatibong Lingap Panligal at a press conference Wednesday that discussed violence against women, family and feminism.

Kalayaan Constantino, executive director of Kababaihan Laban sa Karahasan, said one out of nine women aged 18 and above in a population of 2.1 million women, suffer from physical harm from their husbands, boyfriends and live-in partners, based on the Social Weather Stations survey done in November 2003.

“The PNP survey in 2002 said one rape occurs every two and a half hours, or an average of nine women are raped in a day,” Constantino said.

She urged women who suffer from repeated emotional and verbal abuse from their boyfriends to make use of the law and file a criminal case against them.

“For the first time, kapag binubugbog ka o iniinsulto ka at hindi pa kayo kasal, nasa dating relationship pa lang kayo, p’wede ka ng magdemanda.

P’wede mong gamitin ang R.A. 9262,” Constantino stressed.

She also added that even boyfriends who forbid their girlfriends to work could be sued because it impedes on the right of a woman to engage in “any legitimate profession.”

Constantino said this falls under the economic abuse wherein men prevent the victim from engaging in any legitimate profession, occupation or any activity.

The penalty for “causing mental or emotional anguish,” for repeated verbal abuse is imprisonment from six years and one day to 12 years.

“On the other hand, the penalty for physical injuries which resulted in the woman’s hospitalization of not less than 10 days, is imprisonment of one month and one day to six months,” Alvarez said.

She explained that a woman can also file for a complaint when she is being threatened and the penalty is imprisonment not lower than one month.

Stalkers can also get jailed for 6 years to 12 years.

R.A. 9262 was passed by Congress in February this year and signed into law by President Arroyo on March 8, 2004. The law took effect on March 27, 2004.

Constantino said they will also come out with the implementing rules of R.A. 9262 and present this to experts from agencies like the Departments of Justice, Social Welfare and Development, Interior and Local Government, Health and the Philippine National Police.

A salient feature of the law focuses on the protection orders against the abuser.

Under the new law, the barangay will no longer try to mediate between the abusive husband and the battered wife, but ensure protection for the abused woman.

“The old barangay judicial system is framed on mediation, inaayos na du’n pa lang. This law is totally opposite, barangay judicial will no longer try to mediate and will give the abused women and children a protection against the abusive husband,” Constantino explained.

She added: “A lot of the law’s implementing rules will talk about the procedural aspect of the barangay’s responsibilities to the victims, especially in informing them of the protection orders against abusers.”

   
 
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Harold Mejilla, Alan Zoilo Belizario, Jason Fernandez
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