Legal Treatise Ra 9262

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  1 A LEGAL TREATISE ON R.A. 9262   Legal Writing SAN BEDA COLLEGE OF LAW 1-R   Dean Ulpiano Sarmiento III Submitted by: Keith Hernandez Cipriano Marni Ortega  Anna Leah Pallon TABLE OF CONTENTS:  2 When the House is no Longer a Home pg. 3 The Importance of R.A. 9262 and other Laws  Addressing Women and Children‟s Problems  20 Years of Struggle pg. 7  A Brief Legislative History of R.A. 9262 The Law, herself Punishable Acts under R.A. 9262 pg. 9 Battered Wife Syndrome as a Defense pg. 15 The Barangay Protection Orders pg. 16 The Impact of R.A. 9262 Challenges to Policy Implementation pg. 18 Bibliography pg. 21 WHEN THE HOUSE IS NO LONGER A HOME:  3 The Importance of R.A. 9262 and other Laws Addressing Women and Children’s Problems   The evening of 15 November, 1995, Ben Genosa came home from a cock fight. He was very much displeased with his wife, Marivic, for looking for him all over the town plaza earlier that day. He beat her up and threatened to kill her with a knife. Marivic was a victim of domestic violence and that night of brutality at the hands of Ben was no uncommon occurrence in their life as a married couple. It would however be the last, because that faithful November 15, Marivic Genosa bludgeoned Ben to death with a steel pipe as he lay asleep in his bed. Marivic Genosa became the first death convict to be spared by the Supreme Court on the grounds that she was suffering from the “ Battered Wife S yndrome”. 1  She was convicted of parricide; a capital offense. But due to the presence of two mitigating circumstances and the lack of an aggravating circumstance, the court reduced the sentence of Genosa to prison mayor.  A “novel” theory, the court require d that the all three stages of the Battered Wife Syndrome (BWS) be proven by Marivic‟s defense, as it was understood to be a “scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse ”. 2  However, in the eyes of the court, the defense failed to prove that Marivic underwent all the three phases of the BWS and thus opted to treat the syndrome as a mitigating circumstance akin to “such illness of the offender as would diminish the exercise of the will -power of the offender without however depriving him of the consciousness of his acts”. 3   Marivic‟s case echoes the experiences of many Filipino women in the hands of abusive men. Violence against women is a form of gender-based violence targeted against women on the basis of their sex or which affects women. 4  Among the other forms of gender-based violence, VAW is prevalent in patriarchal Philippine society with domestic 1  Labro, Vicente. Blessings After the Bruises. Sunday Inquirer Magazine 22 Feb. 2004: 6. Print. 2  Sec. 3, R.A. 9262 3  Art. 13, Par. 9, Revised Penal Code 4  Women Working Together to Stop Violence against Women. Breaking the Silence. Breaking the Silence: Seeking Justice in Intimate Partner Violence in the Philippines. N.p., n.d. Web. 12 Apr. 2013. <www.amnesty.org.ph/publications/pdfs/Phils_WOOC_VAW_report_final.pdf>.  4 abuse being the most reported and prevalent among all forms of violence.  According to Gabriela Women‟s Party, approximately one woman is beaten by her partner or husband every forty-three minutes, and one child is battered every hour and twenty minutes. Their research added that a woman or child is harassed every four hours, that there are five hundred thousand victims of prostitution wherein one hundred thousand of them are children, and that eleven women die every day due to complications in childbirth. 5    A study conducted by the National Demographic and Health Survey (NDHS) revealed that one in five women aged 15-49 has experienced physical violence since age 15. In 2002, two years prior to the enactment of R.A. 9262, 5,058 cases of domestic abuse were reported to the police; comprising nearly 30% of the total number of VAW cases reported. Table no.1: Violence Against Women   as of December 2002  Indicator    2002 Figures   2001 Figures   Inc./Dec. (%)  Cases Reported to the Police* Total   9,547   10,345   -7.71  Physical Injuries/Wife Battering 5,058 5,668 -10.76 Rape 972 1,026 -5.26  Acts of Lasciviousness 733 725 1.10 Maltreatment - Threats 561 588 -4.59  Attempted Rape 316 334 -5.39 Incestuous Rape 91 188 -51.60 Others 1816 1,816 0 NSCB statistics also show that the highest incidence of physical and sexual violence occurs among those who are divorced/separated/widowed, followed by those who are married or living together (9.6%), and the highest (19.7%), and the lowest incidence among those who never married (4.3%). Moreover, for the married/divorced/widowed victim survivors previously referred to, the perpetrator of physical violence is their husband more than half of the times (54.7%) as shown in the table below. Likewise, for sexual violence, the current husband/partner is the main perpetrator, accounting for 60.5% of the cases. 5   “Let’s Dance the One Billion Rising.” From: Gabrielawomensparty.net  
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