SECRETARY

FIFTEENTH CONGRESS OF THE REPUBLIC ) OFFICE OF
OF THE PHILIPPINES )
First Regular Session )

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, sno 4876

HEGRE ——

Introduced by Senator Miriam Defensor Santiago

EXPLANATORY NOTE

The Constitution, Article 2, Section 14 provides that the state “recognizes the role of
women in nation-building,”

The Constitution, Article 13, Section 14 likewise provides for the protection of women
by providing such facilities and opportunities as will enhance their welfare and enable them to
realize their full potential in the service of the nation.

The Department of Social Welfare and Development (DSWD) has reported that the
number of battered women, aged 18 and above, has increased dramatically in the last six years.
Statistics released by the DSWD showed that there were 850 cases in 1991; 1,175 cases in 1992;
1,720 cases in 1993; 2,170 cases in 1994; 5,287 cases in 1995; 7,425 cases in 1996; 7,850 cases
by the end of 1997 (4 September 1998, Manila Standard, pp.1-2).

‘This bill hopes to curb the rise in the number of battered women by facilitating faster

conviction of the guilty party. For this purpose, the bill: (1) authorizes the Department of Justice,
in coordination with the DSWD and the Commission on Human Rights (CHR), to analyze and
disseminate information regarding the admissibility and quality of testimony of witnesses with
expertise relating to battered women; and (2) provides for the development and dissemination of
training materials to facilitate the appropriate use of experts to provide testimony in criminal

trials of battered women, particularly in cases involving indigent women.”

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* This bill was originally filed during the Thirteenth Congress, First Regular Session.
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FIFTEENTH CONGRESS OF THE REPUBLIC)
)

OF THE PHILIPPINES
First Regular Session )
"0
SENATE
s.No._ 1876

Introduced by Senator Miriam Defensor Santiago

‘AN ACT
AUTHORIZING THE DEPARTMENT OF JUSTICE TO ANALYZE AND DISSEMINATE
INFORMATION REGARDING THE ADMISSIBILITY AND QUALITY OF TESTIMONY
OF WITNESSES WITH EXPERTISE RELATING TO BATTERED WOMEN,

AND TO DEVELOP AND DISSEMINATE TRAINING MATERIALS TO FACILITATE,
‘THE APPROPRIATE USE OF SUCH EXPERTS TO PROVIDE TESTIMONY IN
CRIMINAL TRIALS OF BATTERED WOMEN, PARTICULARLY IN CASES INVOLVING
INDIGENT WOMEN

Be it, enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:
SECTION 1. Short Title. ~ This Act shall be known as the “Battered Women’s

Testimony Act.”

SECTION 2. Declaration of Policy. ~ It is & policy of the State to protect and promote
the welfare of women by providing such facilities and opportunities that will enable them to

realize their full potential in the service of the nation.

SECTION 3. Definition of Terms. — For purposes of the Act, the term:
(A)“Bligible Entity” refers to a non-profit organization that operates on a nationwide
basis to provide —
(1) Information and assistance to battered women who are defendants or
prosecuting witnesses in criminal trials; and
(2) Technical assistance to battered women, operators of domestic violence
shelters, advocates for battered women, expert psychological witnesses, and
attorneys to use effective defense or prosecution strategies in such cases.

(B) “Secretary” refers to the Secretary of the Department of Justice.


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SECTION 4, Authority of the Department of Justice. ~

‘The Department of Justice shall make grants to, or enter into contracts with, a single
eligible entity to ~

(A) Collect on a nationwide basis, and analyze, information regarding —

(1) The admissibility and quality of expert testimony on the experiences of
battered women offered either as part of the defense or as part of the
prosecution in criminal cases under the law; and

(2) Sources of, and methods of obtaining, funds to pay the cost incurred in
providing such testimony, particularly in cases in which defendant or the
prosecuting witness is an indigent women;

(B) Develop training materials to —

(1) Assist battered women, operators of domestic violence shelters, advocates for
battered women, and attorneys to use such expert testimony in appropriate
cases, particularly appropriate cases involving indigent women defendants or
prosecuting witnesses; and

(2) Assist individuals with expertise in the experience of battered women to
develop skills appropriate to providing such expert testimony; and

(3) Disseminate such information and training materials, and provide related
technical assistance to battered women, such operators, such advocates, such

attorneys and such individuals.

SECTION 5. Implementing Rules and Regulations. — The Secretary, in coordination
with the Secretary of the Department of Social Welfare and Development (DSWD) and the
Chairman of the Commission on Human Rights (CHR), shall promulgate the necessary rules and

regulations to ensure the smooth and efficient implementation of the provisions of this Act.

SECTION 6. Appropriations. ~ To carry out the provisions of this Act, such sum as may

be necessary is hereby authorized to be appropriated from the National Treasury. Thereafter, the


sum for the continuous operation of the program shall be included in the annual appropriation of
the Department of Justice

SECTION 7. Separability Clause, — If any provision or part hereof, is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain

valid and subsisting.
SECTION 8. Repealing Clause. — Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent

with the provision of this Act is hereby repeated, modified or amended accordingly.

SECTION 9. Effectivity Clause. -. This Act shall take effect fifteen (15) days after its

publication in at least two (2) newspapers of general circulations.

Approved,