Republic of the Philippines
HOUSE OF REPRESENTATIVES

Queson City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. _" 8362

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

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

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

The Constitution, Article XIII, 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
several years.

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.

LUIS RAYM LR oi LAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Que3on City

EIGHTEENTH CONGRESS
Second Regular Session
8362

HOUSE BILL NO.

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

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 a 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) “Eligible 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.

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
Assist individuals with expertise in the experience of battered women to
develop skills appropriate to providing such expert testimony; and
Disseminate such information and training materials, and provide related
technical assistance to battered women, such operators, such advocates, such
attorneys and such individuals.

2)

(6)

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 repealed, 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,