Republic of the Philippines

HOUSE OF REPRESENTATIVES

Quezon City

 

ELEVENTH CONGRESS

 

First Regular Session

 

HOUSE  BILL NO. 2205

 

 

EXPLANATORY NOTE

 

            Crusaders against domestic violence claimed that out of ten Filipina wives, six are “battered wives.”  It is now a recognized threat to the safety and security of the vulnerable members of the family.  Such alarming statistics is explained by a culture-based attitude towards women and marriage.  Traditional worldview of husbands  towards their wives is that wives are possessions.  The not so good civility of neighbors and community inhibit them to interfere with incidents of domestic violence occurring in their midst.  Police officers lack legal backup to intervene in domestic violence.  Domestic violence aggravates the already serious problem of “culture of violence” whose vulnerable victims are children.

 

            Protection of family is guaranteed by our Constitution simply because the family is the basic institution.  To be basic means that it is the pillar of a nation – the strength of the nation lies at the strength of the families.  That is the underlying principle of parens patriae – the second-parent like responsibility of the State to the victims of domestic violence and the basis to abort the further occurrence of such.

 

            Marriage, the foundation of the family and inviolable social institution, is government by laws and not be subject to stipulation.  That means the union of man and woman by marriage, is regulated by law against whims and caprices of anybody, not only during the ceremony but all throughout the married life and the consequences thereto.  Because marriage and family life has social implication hence it is a special contract.  That is the reason that the Family code makes repeated physical violence or grossly abusive conduct directed against the spouse and children a ground for legal separation.

 

            However, there is no enabling law defining and penalizing domestic violence despite the State mandate of protecting the family.  It is unable to act in  more competent and specific way, and hesitant to provide protection and help to the victims due to the absence of mandate on who will carry on – what agency shall take such responsibility.

 

            This law, therefore, seeks to provide institutional and social remedy to the problem of domestic violence.

 

 

 

HON. HARLIN C. ABAYON

 

Republic of the Philippines

HOUSE OF REPRESENTATIVES

Quezon City

 

ELEVENTH CONGRESS

 

First Regular Session

 

HOUSE  BILL NO. 2205

 

 

AN ACT

DEFINING DOMESTIC VIOLENCE AND PROVIDING PENALTIES THEREOF

 

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

 

 

SECTION 1.   Short Title. – This Act shall be known as the  Domestic Violence Act of 1998.

 

SECTION 2.  Declaration of Policy. – the State recognizes the sanctity of the family and shall protect and strengthen the family as the basic autonomous social institution.

 

SECTION 3.   Definition of Terms. -  For the purposes of this act, the following shall mean:

 

1.                  Battery - causing harm to another with or without a deadly weapon;

 

2.                  Assault – internationally placing or attempting to place another under fear of physical harm;

 

3.                   Coercion – compelling another by force or by threat to engage in conduct from which the latter has the right to abstain or to abstain from conduct in which the person has right to engage;

 

4.                  Sexual Assault – causing or attempting to cause another under fear of physical harm;

 

5.                  Harassment – intentional or reckless course of conduct involving more than one incident that alarms or cause distress to another person and serves no legitimate purpose.  The course of conduct must be such that would cause a reasonable person to suffer substantial emotional distress and must actually cause substantial emotional distress to the petitioner.

 

6.                  Family or Household Member – refers to spouses, former spouses, adult person related by blood or marriage, common-law spouses and persons  which have a child in common regardless whether they have been married or have lived together at any time.

 

7.                  Protection Order – refers to both temporary or final orders by a court obtained by filing an independent action therefore or as a pendete like  order in another proceeding.  It may provide for any or all of the following:

 

a.                  Order of the respondent out of the shared residence or to stay away from petitioner’s place of residence or place of work;

 

b.                  Award temporary custody and establish temporary visitation of children

 

c.                   Award support pendente lite when applicable

 

d.                  Order the respondent to seek counseling

 

e.                  Order law enforcement agencies to enforce the provision in the Protection Order

 

            SECTION  4.  Penalties. -   Any person  who shall commit any of the following acts of domestic violence as defined in this Act shall, upon conviction, be punished by imprisonment of one year or a fine not less Php 3,000.00 but not more than Php 6,000.00, or both, subject to the discretion of the court.  Provided, however, that parricide, murder, homicide, physical injuries, administering injurious substance, rape, and the like, shall be governed by existing laws where they are found to be applicable.  Provided, further, that if the act complained constitutes domestic violence as defined in this Act and is also penalized by the Revised Penal code, the penalty thereof shall be one degree higher.

 

            SECTION 5.  Protection Orders:

 

1.         Who may file – the following persons may file the petition for protective orders:   1) the victim;  2) relatives of the victims within fourth civil degree of consanguinity or affinity; 3) social worker from Department of Social Welfare and Development, or by any accredited social welfare organization; 4) barangay chairman of the barangay where the victim resides; and 5) police officer who has personal knowledge of the incident.

 

2.      Filing of petition – a suit for a protective order may be commenced by filing a verified petition with the Regional trail court of the province where the person seeking such protection order resides and if so granted, shall be enforceable within his judicial district.

 

3.      Requisites of Application therefore – application for the protection order   shall be by petition signed and verified either by the party whose relief it is intended, or by the person in his behalf, and shall set forth:

 

a.       that the applicant of the person in whose behalf the order is sought is a victim or is in imminent danger or being a victim of any acts defined as domestic violence;

 

b.      the name of respondent, and his/her residence, and ;

 

c.       the act or acts complained of, including the time and place of commission thereof.

 

4.      Exparte Relief. -  if an emergency exists, the petitioner shall be heard ex parte based on the allegation contained in the petition and affidavit.  Such petition shall be given priority oval all other posted matters and shall be decided by a judge available for emergency proceedings the same day the petition is filed or the following morning when the petition is filed.  The ex parte protection order shall remain in effect pending a full hearing which shall commence within seven days after the ex parte order is issued, and may be extended until the hearing is completed.

 

5.      Non-emergency Condition. – those cases that do not present emergency condition shall be scheduled within fourteen days after filing.

 

6.      Duration of  Order. -  any final protection order  issued shall be effective for a fixed period of time and may be modified, extended or renewed by motion to address unanticipated problems or change of circumstances and which shall be heard within 10 days after filing such motion.

 

7.      Violation of Protection Order. – violation of protection order shall be governed by Rule 71 of he Rules of Court.

 

SECTION 6.   Police Response to Domestic Violence. -  The  police shall respond to every request for assistance or protection from or in behalf of a victim of alleged domestic violence, whether or not a protection order has been issued against the alleged abuser.  Any police officer who fails to respond shall be punished by existing laws where found to be applicable.

 

SECTION 7.   Support Service. -      The Department of Social Welfare and Development shall establish temporary shelters, counseling and rehabilitation programs for victims of domestic violence.

 

SECTION 8.   Training of Police Officer. -  The Philippine National Police shall establish and education and training program designed to acquaint them with the problem of domestic violence, techniques in handling the incident of domestic violence, their legal duties, services offered and such other program that will realize the effective enforcement of this Act.

 

SECTION 9.   Domestic Violence Protocol. -   The Philippine National Police is hereby directed to adopt a written protocol establishing a written guidelines and procedures to be followed by police officers in responding to domestic violence calls.  He Department of Justice is likewise directed to assist the PNP in the formulation of this Protocol.

 

SECTION 10. Report on Domestic Violence Cases. – any responsible officer of a hospital or any doctor who has treated any person with injuries result in from domestic violence shall report the incident within 24 hours to DSWD or to nearest police station.

 

SECTION 11. Separability Clause. – All laws, decrees, orders, rules and regulation or part thereof which are inconsistent with or contrary to the provisions of this Act are hereby amended or repealed accordingly.

 

SECTION 12. Effectivity Clause. – This Act shall take effect 15 days after its publication in Filipino and English in at lest 2 newspapers or general circulation.

 

Approved.