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Step-by-Step Guide: Paano at anong mga dokumentong kakailanganin sa pagsasampa ng VAWC case?
PTVPhilippines
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3/31/2025
Step-by-Step Guide: Paano at anong mga dokumentong kakailanganin sa pagsasampa ng VAWC case?
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00:00
This is the Republic Act No. 9262 or the Anti-Violence Against Women and Their Children Act of 2004.
00:06
It is a law that protects the rights of women and children from various forms of violence and abuse.
00:13
But despite the existence of this law, there are still many who are not familiar with the process of filing a case.
00:19
And to discuss the whole process, there are documents that need to be prepared and the rights of the victim
00:26
who will file a Valsey case. We are joined live by Atty. Alice Vidal. Welcome back. Good morning, Atty.
00:32
Good morning, PP. Good morning, Deanne. And good morning to the viewers.
00:36
Happy Women's Month, PP.
00:40
Of course.
00:42
Atty., how does the process of filing a Valsey case start? What is the first step?
00:47
The first step is to prepare the documents.
00:50
Okay.
00:51
And prepare ourselves, the ones who will file the case. All the documents need to be prepared.
00:58
If there is a medical certificate, prepare it.
01:01
So given that, if there is a complaint in the barangay, of course, there are three hearings,
01:06
then there is a certificate to file action, that's when the documents are ready for the going court.
01:12
It doesn't go through that process anymore.
01:14
Oh, okay.
01:15
Because if you file a complaint in the barangay, that day, you need to issue a barangay protection order.
01:22
Especially if you go there, you already have a black eye.
01:26
Do you need to go through three hearings?
01:28
It doesn't go through that process anymore.
01:30
That is one of the exemptions that barangay certification is no longer required.
01:36
Okay.
01:36
What is the instance where a woman really needs to file a case?
01:41
At the onset, she already experienced a beating from her husband, she should immediately go to the barangay.
01:46
Yes, of course.
01:48
And I would like to advise the women, don't wait until you have a black eye.
01:53
If you have a foot, run. Don't get beaten.
01:57
That's true.
01:58
But if you are already in that process, you got beaten,
02:02
then go to the barangay and ask for help.
02:06
Ask for medical help.
02:08
Everything should be documented.
02:11
And if you have witnesses, get an affidavit of witnesses.
02:15
Alright, Doc. Sorry, Doc.
02:18
It's okay.
02:21
What is the difference between a barangay protection order, BPO,
02:25
temporary protection order, TPO, and permanent protection order?
02:30
The barangay protection order is issued by the barangay and the government.
02:35
If the barangay is not there.
02:37
It's only 30 days. It's like a preliminary.
02:40
After that, you run.
02:41
But you should also file a temporary protection order.
02:46
That's 30 days.
02:48
15 days in the barangay, 30 days in the temporary protection order.
02:52
And you will have a permanent protection order.
02:56
Later, there will be a hearing.
02:57
This is a petition to the Regional Trial Court.
03:00
It can't just be the barangay.
03:03
How long does it take for a vowsick case to be processed?
03:06
It should be fast.
03:07
Because this is really rushed.
03:10
Because the victim needs to leave the house.
03:15
If he's going to be beaten, he needs to leave the house.
03:18
Or the victim can leave the house through the temporary protection order.
03:27
Even if it's his house.
03:29
The victim will stay there.
03:33
Through the protection order.
03:34
Okay.
03:35
What are the rights of protection that a victim can get while the process of the case is ongoing?
03:40
He can't be approached or talked to.
03:43
He can't be given support.
03:45
Or the cost of the child can go to him.
03:48
And he can also ask for a vehicle.
03:56
Even if the vehicle is not his name.
04:00
He can take it and give it to the court within the protection order.
04:09
Okay.
04:09
Atty., what are the common challenges experienced by women who file cases like this?
04:15
The common challenge is usually if there's no money.
04:17
Especially if there's economic abuse.
04:19
Then there's no payment.
04:21
But that's the answer of the PO.
04:24
It's free when they file.
04:26
And usually, there's no filing fee if there's no payment.
04:31
Okay.
04:32
Does this apply to anyone who's with you at home?
04:35
Or to anyone who hits you?
04:36
No, it should only apply to your former partner.
04:41
This only applies to a spouse.
04:44
Ex-spouse or child.
04:46
You need to have a dating or live-in relationship.
04:52
Your neighbor can't file a BAUSI.
04:57
That's a different case.
04:59
Yes, that's a different case.
05:00
If it's sexual harassment, Safe Spaces Act, it depends.
05:04
Or under the revised Penal Code.
05:06
If you were hit, serious physical injuries.
05:08
There, direct assault.
05:10
But this BAUSI only applies to those who have a former dating or live-in relationship or have a child.
05:21
Okay.
05:22
What if the victim is afraid to file?
05:25
Can others file for this?
05:26
Yes, this is one of the things that the DSWD can file.
05:32
Ascendants can file.
05:35
Father, mother.
05:36
Or descendant, your child.
05:38
Those who can be seen.
05:39
Anyone. Two people.
05:41
This is a public crime.
05:44
Anyone can file.
05:47
That's why this law is really dangerous to adults.
05:52
Anyone can file for this.
05:55
Especially those who abuse.
05:58
Okay.
05:59
So for instance, we're seeing posts online, videos,
06:02
where you can really see the face of a woman being beaten.
06:05
The beating of a woman is still recorded.
06:08
There.
06:08
So how...
06:09
Of course, there are people who will sympathize with her.
06:13
They will help her to file a case.
06:15
She filed a case.
06:16
Suddenly, she backed off.
06:17
Suddenly, she complained.
06:18
That's okay.
06:19
You can also complain.
06:20
That's the challenge with this case.
06:23
It's usually forgiven.
06:24
But if you're involved again,
06:26
it's gone.
06:27
The previous case is gone.
06:28
The next one is already there.
06:30
And for instance,
06:32
there's a case where you're involved again and again.
06:37
You're forgiven.
06:38
You're involved.
06:38
It means that it's gone.
06:40
It's not...
06:41
But there's a 20-year expiration period
06:47
or 20 years for you to file a case.
06:50
Okay.
06:51
Alright.
06:52
On the barangay level,
06:53
I wonder,
06:54
do the abuser and the victim talk to each other?
06:57
Because with that instance,
06:58
there might be intimidation on the victim.
07:01
What's the scenario?
07:02
Nothing.
07:02
Even in court,
07:03
there's nothing.
07:04
It's not included in the mediation.
07:07
Okay.
07:07
They don't talk to each other.
07:09
These are the cases that they don't face
07:14
and don't agree with.
07:16
Okay.
07:17
If you want them to agree with you,
07:18
but there's no mediation for this.
07:20
Because in the barangay,
07:23
they'll directly ask you to leave.
07:25
Barangay protection order.
07:26
Valid for 30 days.
07:28
Meaning,
07:28
they'll ask you to leave.
07:30
I have a case.
07:31
We asked him to leave.
07:33
He left the house.
07:35
He didn't bring anything.
07:37
He won't come back.
07:39
There.
07:39
Okay.
07:40
The victim is protected.
07:41
Attorney,
07:41
what specific worst case
07:43
did you handle with VAUCIE
07:45
that can be related to our KRS-P?
07:48
We handled VAUCIE,
07:50
but it's really a closed door.
07:54
It's a foreigner.
07:55
Because usually,
07:56
women are patient
07:58
when it's a foreigner.
07:59
Don't be afraid
08:00
if your husband or your children are a foreigner.
08:04
It's easy to get them out of here.
08:06
Sometimes,
08:08
they hit you if you don't like the food.
08:11
They throw the food on your face.
08:14
They break it.
08:15
Those are verbal abuse
08:18
and psychological abuse.
08:23
For example,
08:24
you're embarrassed in front of other people.
08:26
There are a lot of people.
08:27
Visitors.
08:28
They'll throw the plate at you.
08:29
They'll break it.
08:31
Those are...
08:32
Grounded for VAUCIE.
08:34
Yes.
08:35
That's psychological abuse.
08:37
There's also economic abuse.
08:40
Economic abuse
08:41
when you're not given support
08:42
or your husband doesn't want you to work.
08:45
You're locked up.
08:46
Don't work.
08:47
I'll work.
08:48
You stay here.
08:49
That's economic abuse.
08:50
It's okay.
08:51
Okay.
08:52
So, it's important to know
08:53
the rights of women
08:55
so that you know
08:57
when to file a VAUCIE case.
08:59
Thank you very much,
09:00
Attorney Alice.
09:02
For the important information
09:04
you shared with us
09:05
about the process
09:06
of filing a VAUCIE case.
09:08
We also have with us
09:09
Attorney Alice Vidal.
09:11
Thank you, Attorney.
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