July 15, 2009
Are you a victim of verbal abuse?
Dear HerWord,
My mom is a victim of marital infidelity, repeated verbal abuse, and public humiliation. This happens whenever my dad is drunk which is practically everyday. We seek help from his relatives (hoping he will be enlightened to what he is doing to my mom and his own family), barangay, police, and hall of justice in our place. She finally filed RA 9262 last year but withdrew it because we put our dad in a private rehab in the hope that he will change. He did not. He got out last week of March and his behavior is worse. He verbally and psychologically abuse my mom and our maid now saying all words to belittle them. Barangay and police officers told us they cannot issue BPO or put him in jail not until he lay hands on them. Is this true? Please refer us to an NGO or support group for my mom. Please help.
—Esperanza
Dear Esperanza,
 The refusal of the police and the barangay to give the relief you are asking for in behalf of your mother and your maid (who is a member of your household) is a result of a misinterpretation and/or outright ignorance of the provisions of and the intent behind RA 9262 (The Anti-Violence Against Women and Their Children Act of 2004).
First, the barangay officers are wrong to say that they cannot issue a BPO (barangay protection order) until your father lays his hands on your mother. Under the law, the barangay has the power to issue a BPO that prohibits the abuser from (a) causing physical harm to the woman or her child; (b )threatening to cause the woman or her child physical harm; and (c) harassing, annoying, telephoning, contacting, or otherwise communicating with the woman, directly or indirectly.
You did not mention that “threat of physical harm” is among the verbal abuse that your father inflicts on your mother. You mentioned however, “belittling” and “public humiliation” which can be included under (c) above, which may be the subject matter of a BPO.
I think the opinion of the barangay comes from the fact that they did not go beyond the provisions of RA 9262—which indeed (in fairness to them), provides only that a barangay can issue a BPO prohibiting the abuser from (1) causing physical harm to the woman or her child; and (b) threatening to cause the woman or her child physical harm. However, the Implementing Rules and Regulations of RA 9262 (Section 13, Rule 4) add the third relief I mentioned above. Many of those using RA 9262 do not actually go beyond reading the statute (the Republic Act), when in fact, accompanying the interpretation of the statute itself are the Implementing Rules and Regulations (IRR)—which provides more details for the effective implementation of the provisions of the law; and the Supreme Court Rules on VAWC (AM No. 04-10-11-SC), which governs the procedure in the courts.
What we in Womenlead usually do when women encounter difficulties in obtaining BPOs as a result of such problem as this one, is to either accompany the women or their support persons to the barangay or call up the barangay explaining to them the applicable provisions and interpretation of the law. Most of the time, it works and the barangay officers turn out grateful for our help. Maybe, the next time you go to the barangay for a BPO, you can point out to them the relevant portion in the IRR mentioned above.
Second, the police’s refusal to arrest your father until he lays his hands on your mother is another manifestation of some public officers’ ignorance of the law. The law is clear that the crime of VAWC is committed through, among others, “causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse.”What your father does repeatedly to your mother is clearly a crime under the provisions of the law. The police can, therefore, effect an arrest of your father for such a crime.
However, the means by which they can do so depends on the circumstances. First, they may effect a warrantless arrest but only on limited grounds: (a) when in the presence of the arresting officer, your father has just committed, is actually committing, or is attempting to commit the verbal or emotional abuse on your mother; or (b) when your father has just committed the abuse and the police officer has probable cause to believe based on his/her personal knowledge of facts and circumstances that it is indeed your father who committed it.
Absent these circumstances, i.e., time has lapsed since the commission of the crime, however, the police can resort to the second means of making an arrest, i.e., only through a valid warrant of arrest issued by a court of competent jurisdiction. To be able to have this warrant of arrest, however, you have to file a complaint with the police or Prosecutor in your place. If you file it with the police, they will turn over the case to the Prosecutor for preliminary investigation. The Prosecutor will then conduct a series of investigation hearings to determine probable cause—which hearings may go from two months to a year or more. If the Prosecutor finds probable cause, he/she will elevate it to the Family Courts, and only then will a warrant of arrest be issued.
Basing from our experience, however, it is not the issue of whether they can effect a warrantless arrest or not that stops the police for arresting a perpetrator of verbal or psychological violence. It is usually because they do not regard such violence as a crime. For them crime is when they see blood, bruises, injuries or other “physical” manifestations of violence. Thus, for them, notwithstanding the provisions of the law, psychological violence is not a crime that warrants their immediate intervention.
Again, this is really problematic as it goes into the very attitude and understanding of the law by these officers tasked to implement it. This merely shows that the culture has not kept up with the policy, spirit and intent of the law. What needs to be done here is to further educate these officers in the proper implementation of the law. Unfortunately, that will be quite a challenge for you to do that on your own the next time you ask for assistance. But, I guess it’s worth a try to also—like in the barangay, point out to them the relevant portion of the law that applies in your case.
When the police and the barangay fail you, however, you can always go to the court in your locality and apply for a Protection Order from there. In fact, the power of the court in regard to a Protection Order is wider than that of the barangay. For instance, the court can order your father to leave the house temporarily in order to prevent further violence—a power which the barangay does not have.
You may go to the Public Attorney’s Office, the Office of the Clerk of Court, the Local Chapter of the Integrated Bar of the Philippines, or a women’s NGO near you, for assistance in applying for a Temporary/Permanent Protection Order from the courts.
Under the law, a Temporary Protection Order is issued on the same day it is applied for; and basing from our experience, that is usually the case, which is really very helpful for women—getting a quick response from the state agents in enabling them to put an end to a violence and helping them to regain control of their lives.
Your mother is fortunate to have support persons like you around her, helping her get out of an abusive situation. Many women are not fortunate to have that—and many times, they then choose to remain in such a situation or die trying to get out of it. So, I hope you do not underestimate the importance of your role at this point in your mother’s lifetime. Having people like you around her will greatly ensure that she will indeed soon get out of this abusive situation, and be able to live a life of dignity and peace—which every woman, and every human being, for that matter, deserves. Good luck. Remain steadfast!
—Atty. Claire
If you have questions for Atty. Claire, email feedback@herword.com.
Atty. Claire Angeline P. Luczon is the Executive Director of the Women's Legal Education, Advocacy and Defense (WOMENLEAD) Foundation, Inc., a feminist legal resource institution providing direct legal services to women survivors of discrimination; and involved in research, training and advocacy for the sexual and reproductive empowerment of women and girls. Claire believes that the law is merely a tool that may either facilitate or hinder the healing process or the pursuit of well-being of women and girls.
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