Punishing violence against women

Women who are abused by husbands, live-in partners or lovers are now protected by Republic Act 9262, also known as the "Anti-Violence Against Women and Their Children Act of 2004". This law was the subject of discussion by legislators, judicial luminaries and media persons at a lunch hosted last week by Gina de Venecia, president of the Congressional Spouses Foundation, Inc. and Department of Social Welfare and Development Secretary Corazon "Dinky" Soliman.

The number of women victims of violence is alarming. According to lawyers Rowena V. Guanzon and Howard M. Calleja, a World Bank 1993 study showed that among women aged 15-44 worldwide, gender-based violence accounts for more deaths and ill-health than cancer, traffic injuries and malaria put together. Country-level studies of UNICEF estimate that 20 to 50 per cent of women have experienced domestic violence, making it the most prevalent form of gender-based violence.

In the Philippines, battering is the most prevalent, and rape, second. RA 9262 is a law whose time has come. Passed by Congress on March 8, this year, it took effect on March 27.

The Anti-VAWCA took nine years of advocacy of victim-survivors, women’s rights and human rights advocates, non-government organizations, and government organizations led by the National Commission on the Role of Filipino Women. This law, according to the two lawyers, is in compliance with the obligations of the Government of the Philippines under the Convention on the Elimination of Discrimination Against Women (CEDAW) which the Senate ratified in 1981.

Section 3 of the law defines violence against women and their children as any act or series of acts committed by a man against his wife, former wife, a woman whom he dated or had a relationship with and with whom he has a child, which result in physical, sexual, psycho-logical harm or suffering (physical injuries are punishable by one degree higher than the penalties under the Revised Penal Code) or economic abuse including threats of such acts as battery, assault, coercion, harassment or arbitrary deprivation of liberty. The acts include repeated verbal abuse, withdrawal of financial support, preventing the woman from engaging in any legitimate profession, occupation, business or activity.

The courts and lawyers can explain in detail the legal remedies that victims can apply for. Broadly speaking, barangay officials can safeguard victims from being harmed by their oppressors. Also, the victim can file a Petition for Temporary and Permanent Protection Order on the same day that the petition was filed, to let the respondent (or perpetrator) stay away from the petitioner. Venue for criminal action resides in the Trial Courts or Family Courts.

RA 9262 emboldened Melissa Mercado Martel to file a criminal complaint for frustrated parricide against her husband, Roby Martel. Melissa, daughter of the late movie icon Luis Gonzalez and Vina Concepcion, survived a three-month hospital ordeal after allegedly being shot by her husband. Her complaint was dismissed by Prosecutor Roberto Lao, who, according to Melissa’s lawyers, Atty. Lourdes Cruz-Matters, Howard M. Calleja and Rowena Guanzon, acted "beyond the scope of his authority," as such a matter is "properly for the trial court to decide after a full-blown hearing with all the parties given the opportunity to cross-examine the witnesses." The appeal/petition for review of Lao’s action has been filed with the Secretary of Justice.

At the lunch last week, Secretary Soliman said, "We want to use Melissa’s case as the breakthrough (for filing anti-violence complaints). As we struggle with Melissa’s case, we will be (giving access) to women in need of protection." The case also cuts across classes; Melissa belongs to an affluent family, but thousands of victims belong to the lower economic class.

Former Justice Harriet Demetriou spoke about how difficult it was in the past, when she was a domestic relations court judge, to rule on cases for which no anti-violence against women law was in existence. Rep. Reylina "Neneng" Nicolas, one of the authors of the law, expressed satisfaction over the passage of the law. Reps. Etta Rosales and Rissa Baraquel also spoke of women’s right to seek justice.

Gina de Venecia, a personal friend of Melissa, is to be commended for her concern for battered women. As president of the Congressional Spouses Foundation, she worked, along with other foundation members, for the establishment of The Haven, a series of structures housing battered women and children.

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