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Republic of the Philippines REC NED ¢)

HOUSE OF REPRESENTATIVES fe 2 LATE: 7 20 a

Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 8839

Introduced by Representative Manuel Luis T. Lopez

AN ACT
AMENDING R.A. NO. 9262 OTHERWISE KNOWN AS “AN ACT DEFINING VIOLENCE
AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE
MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER
PURPOSES”, EXPANDING ITS COVERAGE AND COVERED ACTS PRESCRBING
PENALTIES THEREFORE, AND FOR OTHER PURPOSES.

EXPLANATORY NOTE

In 2004, Republic Act No 9262 otherwise known as the Anti-Violence Against
Women and Children (VAWC) was enacted to prevent and address violence committed
against women and children, who are the usual and most likely victims of domestic
violence due to unequal power relations and deeply ingrained cultural misogyny.

While women and children are still considered as the most vulnerable to
domestic violence, it is important to recognize that domestic violence may also be
‘committed against men and members of the LGBTQIA+ community. Existing social and
cultural prejudices tend to trivialize domestic violence against these members of
society—for men, they are often considered less macho and “under the saya (skirt)” or
“takusa” (takot sa asawa); for members of the LGBQTIA+ community, they are often
discriminated due to their sexual orientation or gender identity or expression and
considered deserving of such violence.

As the Philippine society continues to challenge stereotypical gender norms,
roles, and relations towards a more gender-inclusive society, it is important to provide
measures to prevent and protect domestic violence against men and members of the
LGBQTIA+, as well.

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Finally, in the midst of the novel coronavirus disease pandemic where most
families are mandated to stay at home until the community quarantine is lifted, there is
a threat that domestic violence may be more frequent, severe, and dangerous. Thus, itis
important to ensure that all members of society are protected.

In view of the foregoing, the passage of this bill is earnestly sought.

Hall IS T. LOPEZ

Reprfesergative
1% District, City of Manila



24

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

wouse BiLLNo. 6839 _

Introduced by Representative Manuel Luis T. Lopez

AN ACT
AMENDING R.A, NO. 9262 OTHERWISE KNOWN AS “AN ACT DEFINING VIOLENCE
AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE
MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER
PURPOSES”, EXPANDING ITS COVERAGE AND COVERED ACTS PRESCRBING
PENALTIES THEREFORE, AND FOR OTHER PURPOSES.

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

SECTION 1. Section of Republic Act No. 9161, otherwise known as the “Anti-
Violence Against Women and Their Children Act of 2004” is hereby amended to read as
follows:

“SECTION 1. Short Title. - This Act shall be known as the “Anti-Violence Against
Partners and their Children Act or Anti-VAPC Law”.

SECTION 2. Section 2 of the same law is hereby amended as follows:

“SECTION 2. Declaration of Policy. - It is hereby declared that the State values
the dignity of women, children, and marginalized genders and guarantees full
respect for human rights. The State also recognizes the need to protect the family
and its members from all forms of violence and threats to their personal safety
and security.

‘Towards this end, the State shall exert efforts to address violence committed
against men, women, members of the of the LBTQIA+ Community that are in
partnership, and children in keeping with the fundamental freedoms guaranteed
under the Constitution and provisions of the Universal Declaration of Human
Rights, the Convention on the Elimination of All Forms of Discrimination Against
‘Women, Convention on the Rights of the Child, and other international human
rights instruments of which the Philippines is a state party.”

SECTION 3. Section 3 of the same law is hereby amended as follows:

Page 3 of 8


“SECTION 3. Definition of Terms. ~ As used in this Act,

(@) “Violence against partners and their children” refers to any act or a series of
acts committed by any person against their spouse, former spouse, partner,
or against any other person with whom they have or had a sexual or dating
relationship, or with whom they have a common child, or against the other
person’ child whether legitimate or illegitimate, within or without the family
abode, which result in or is likely to result in physical, sexual, psychological
harm or suffering or economic abuse including threats of such acts, battery,
assault, coercion, harassment, or arbitrary deprivation of liberty.

The term “partner” may refer to any individual who identifies as a
heterosexual, lesbian, gay, bisexual, transgender, queer, intersex, asexual, and
individuals of various sexual and gender orientations (hereinafter referred to
as “LGBTQIA+).

Violence against partners and their children includes, but is not limited to,
the following acts:

‘A. “Physical violence” refers to an act that includes bodily or physical harm;

B. “Sexual violence” refers to an act which is sexual in nature, committed
against a partner or their child. It includes, but is not limited to:

i, Rape, sexual harassment, acts of lasciviousness, treating a partner
or their child as a sex object, making demeaning and sexually
suggestive remarks, physically attacking the sexual parts of the
victim's body, forcing them to watch obscene publications and
indecent shows or forcing the partner or their child to do indecent
acts and/or make films thereof, forcing the partner to live in the
conjugal home or common home or sleep together in the same
room with the abuser;

i, Acts causing or attempting to cause the victim to engage in any
sexual activity by force, threat of force, physical or other harm or
threat of physical or other harm or coercions;

iii, Prostituting the partner or their child.

C. “Psychological violence” refers to an act or omission causing or likely to
cause mental or emotional suffering of the victim such as but not limited
to intimidation, harassment, stalking, damage to property, public ridicule
or humiliation, repeated verbal abuse and mental infidelity. It includes
causing or allowing the victim to witness the physical, sexual or
psychological abuse of a member of the family to which the victim
belongs, or to witness pornography in any form or to witness abusive
injury to pets or to unlawful or unwanted deprivation of the right to
custody and/or visitation of common children.

Page 4 of 8


1 It shall also include electronic or information communication technology
2 (ICT)-related violence which refers to an act or omission involving the use
3 or exploitation of data or any form of ICT which causes or Is likely to
4 cause mental, emotional, or psychological distress or suffering to the
5 partners and their children. This includes any forms of harassment,
6 intimidation, coercion, threat, or vilification of the partner their children
7 through any form, as well as any form of stalking including hacking of
8 personal accounts on social media and the use of location data from
9 electronic devices, fabrication of fake information or new through text
10 messages or other cyber, electronic, or multimedia technology.

ety

12 D. “Economic abuse” refers to an act that makes or attempts to make a
3 partner financially dependent which includes, but is not limited, to the
4 following:

45

16 i. Withdrawal of financial support or preventing the victim from
v7 engaging in any legitimate profession, occupation, business or
18 activity, except in cases wherein the other spouse or partner
19 objects on valid, serious and moral grounds as defined in Article 73
20 of the Family Code;

2

2 ii. Deprivation or threat of deprivation of financial resources and the
23 right to the use and enjoyment of the conjugal or community
24 property, or property owned in common;

25

26 fii, Destroying household property;

27

28 iv. Controlling the victim’s own money or properties or solely

29 controlling the conjugal or common money or properties.

30

31 23x

32

33 (i) “Discrimination” refers to any distinction, exclusion, restriction, or preference
34 based on sex, sexual orientation, gender identity or expression, and has the
35 purpose or effect of nullifying or impairing the recognition, access to,

36 enjoyment, or exercise by all persons on an equal footing of all rights and
37 freedoms. The actual sex, sexual orientation, or gender identity of the victim
38 shall not be relevant for the purpose of determining whether an act of
39 discrimination has been committed.

40

41 () “Hate crime” refers to a criminal act or bias crime motivated by another

a2 person's race, color, religion, national origin, gender, sexual orientation,

43 gender identity, or disability.”

44

45 SECTION 4. Section 5 of the same law is amended to include the following:

46

47 “SECTION 5. Acts of Violence Against Partners and Their Children. - The crime of
48 violence against partners and their children is committed through any of the
49 following acts:



38

40
41
42

45

47

48
49

ood

(k) Creating fake social media accounts using an

alias or a different personal information with
intent and malice to sow intrigue and
inflict harm.”

SECTION 5. Section 6 of the same law is amended to read as follows:

“SECTION 6. Penalties. - The crime of violence against partners and their
children under Sec. 5 hereof shall be punished according to the following rules:

boo

If acts are committed while the woman or child is pregnant or committed in the
presence of the child, the penalty to be applied shall be the maximum period of penalty
prescribed in the section.

Also, any acts of violence perpetuated as hate crimes against partners and their
children which includes discrimination on the grounds of sex, sexual orientation, gender
identity or expression shall be considered as special aggravating circumstance where
the penalty shall be imposed on its maximum period.

Xxx”

SECTION 6. Section 33 of the same law is amended, to read as follows:

bos

Willful refusal of a government official whose duty is to investigate, prosecute, or
otherwise act on a complaint for a violation of this Act to perform such a duty
without a valid ground shall constitute gross negligence on the part of the public
official and shall be subject to administrative sanctions.”

SECTION 7. Section 39 of the same law is amended to include the following:
"SECTION 41. Inter-Agency Council on Violence Against Partners and their
Children (IAC-VAPC). - In pursuance of the abovementioned policy, there is
hereby established an Inter-Agency Council on Violence Against Partners and
their Children, hereinafter known as the Council, which shall be composed of the
following agencies:

(a) Department of Social Welfare and Development (DSWD);

(b) National Commission on the Role of Filipino Women (NCRFW);

Page 6 of 8


worvsanewne

(©) Civil Service Commission (CSC);

() Commission on Human Rights (CHR);

(e) Council for the Welfare of Children (CWC);

(0 Department of Justice (DOJ);

(g) Department of the Interior and Local Government (DILG);

(h) Philippine National Police (PNP);

(i) Department of Health (DOH);

() Department of Education (DepEd);

() Department of Labor and Employment (DOLE);

()) National Bureau of Investigation (NBI);

(m) _ Department of Foreign Affairs (DFA);

(n) Movie and Television Review and Classification Board (MTRCB);

(0) Philippine Commission on Women (PCW);

(p) Department of Information and Communications Technology (DICT);
(q) Commission on Overseas Filipinos; and

(0) Two (2) representatives from civil society organizations.

ee

SECTION 9. Any reference to woman/women in the same law shall also refer to
partner/s” of other sexual orientation and gender identity and expression, without
prejudice to any law providing distinction and limitations to the rights of men and

women including the Civil Code and the Family Code.

SECTION 10. Suppletory Application. - For purposes of this Act, the Revised Penal Code
and other applicable laws shall have suppletory application.

SECTION 11. Separability Clause, - If any section or provision of this Act is held
unconstitutional or invalid, the other sections or provisions shall not be affected.

SECTION 12. Repealing Clause. - All laws, presidential decrees, executive orders, rules

and regulations, or parts thereof, inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

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SECTION 13. Effectivity. - This Act shall take effect fifteen (15) days from the date of its
complete publication in at least two (2) newspapers of ‘general circulation.

Approved,

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