What are the punishable acts under RA 9262?
Physical or acts including bodily or physical harm, Sexual violence or any act which is sexual in nature, Psychological harm or to cause mental or emotional suffering, or. Economic abuse.
What is the purpose of Republic Act No 9262?
RA 9262 acknowledges that women who have retaliated against their partner or who commit violence as a form of self-defense may have suffered from Battered Woman Syndrome (BWS). Any victim who suffers from BWS should be diagnosed by a Psychiatric expert or a clinical psychologist.
What is unjust vexation?
v People, the Supreme Court defined unjust vexation as any human conduct, without violence, that unjustly annoys an innocent person. The test is “whether the offender’s act causes annoyance, irritation, torment, distress or disturbance to the mind of the person to whom it is directed.” (
Can a woman be liable under RA 9262?
Women can also be liable under the law. These are the lesbian partners/girlfriends or former partners of the victim with whom she has or had a sexual or dating relationship.
What are the elements of RA 9262?
Enacted in 2004, RA 9262 is a landmark legislation that defines and criminalizes acts of violence against women and their children (VAWC) perpetrated by women’s intimate partners, i.e., husband, former husband, or any person who has or had a sexual or dating relationship, or with whom the woman has a common child, or …
Who may commit Vawc?
Hence, through the principle of conspiracy under the Revised Penal Code, any person may be held liable for VAWC due to its supplementary provisions stated in Article 47 of RA 9262.
Who can be held liable under RA 9262?
In the case of Sharica Mari Go-Tan v. Spouses Perfecto and Juanita Tan, G. R. No. 168852, September 30, 2008, the Supreme Court of The Philippines held that parents in laws may likewise be held liable for violation of RA 9262 under the principle of conspiracy.
What happens if a female victim commits violence against her partner?
WHAT IF THE FEMALE VICTIM COMMITS VIOLENCE AGAINST HER PARTNER? The law acknowledges that women who have retaliated against their partners or who commit violence as a form of self-defense may have suffered from battered women syndrome (BWS).
What are the 4 acts that constitute Vawc?
9262, otherwise known as the Anti-Violence Against Women and Their Children Act of 2004 (“VAWC”), the concept of “violence” against women and children includes not just physical violence, but also sexual violence, psychological violence, and economic abuse, including threats of such acts, battery, assault, coercion.
Can you sue someone for emotional distress in Philippines?
Are you annoyed by someone? If yes, then you can file a criminal case of Unjust Vexation against that person and such act of annoyance is considered a crime punishable under paragraph 2, Article 287 of the Revised Penal Code (RPC).
What is indirect assault?
What is Indirect Assault? Indirect assault is committed when any person shall make use of force or intimidation upon any person coming to the aid of the authorities or their agents on occasion of the commission of direct assault.
Who can be charged with Vawc?
R.A. 9262 states that “any person” with whom the victim had an intimate relationship with. Thus, ex-lovers of the victim, male or female, may be charged under the VAWC. So even women and transgenders may be charged for violation of the VAWC.
What are the grounds for Vawc?
a) The offender has or had a sexual or dating relationship with the offended woman; b) The offender, by himself or through another, commits an act or series of acts of harassment against the woman; c) The harassment alarms or causes substantial emotional or psychological distress to her.
How do you prove moral damages in jurisprudence?
Article 2217 of the New Civil Code provides: Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury.