Step-by-Step Guide: Paano at anong mga dokumentong kakailanganin sa pagsasampa ng VAWC case?
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NewsTranscript
00:00This is the Republic Act No. 9262 or the Anti-Violence Against Women and Their Children Act of 2004.
00:06It is a law that protects the rights of women and children from various forms of violence and abuse.
00:13But despite the existence of this law, there are still many who are not familiar with the process of filing a case.
00:19And to discuss the whole process, there are documents that need to be prepared and the rights of the victim
00:26who will file a Valsey case. We are joined live by Atty. Alice Vidal. Welcome back. Good morning, Atty.
00:32Good morning, PP. Good morning, Deanne. And good morning to the viewers.
00:36Happy Women's Month, PP.
00:40Of course.
00:42Atty., how does the process of filing a Valsey case start? What is the first step?
00:47The first step is to prepare the documents.
00:50Okay.
00:51And prepare ourselves, the ones who will file the case. All the documents need to be prepared.
00:58If there is a medical certificate, prepare it.
01:01So given that, if there is a complaint in the barangay, of course, there are three hearings,
01:06then there is a certificate to file action, that's when the documents are ready for the going court.
01:12It doesn't go through that process anymore.
01:14Oh, okay.
01:15Because if you file a complaint in the barangay, that day, you need to issue a barangay protection order.
01:22Especially if you go there, you already have a black eye.
01:26Do you need to go through three hearings?
01:28It doesn't go through that process anymore.
01:30That is one of the exemptions that barangay certification is no longer required.
01:36Okay.
01:36What is the instance where a woman really needs to file a case?
01:41At the onset, she already experienced a beating from her husband, she should immediately go to the barangay.
01:46Yes, of course.
01:48And I would like to advise the women, don't wait until you have a black eye.
01:53If you have a foot, run. Don't get beaten.
01:57That's true.
01:58But if you are already in that process, you got beaten,
02:02then go to the barangay and ask for help.
02:06Ask for medical help.
02:08Everything should be documented.
02:11And if you have witnesses, get an affidavit of witnesses.
02:15Alright, Doc. Sorry, Doc.
02:18It's okay.
02:21What is the difference between a barangay protection order, BPO,
02:25temporary protection order, TPO, and permanent protection order?
02:30The barangay protection order is issued by the barangay and the government.
02:35If the barangay is not there.
02:37It's only 30 days. It's like a preliminary.
02:40After that, you run.
02:41But you should also file a temporary protection order.
02:46That's 30 days.
02:4815 days in the barangay, 30 days in the temporary protection order.
02:52And you will have a permanent protection order.
02:56Later, there will be a hearing.
02:57This is a petition to the Regional Trial Court.
03:00It can't just be the barangay.
03:03How long does it take for a vowsick case to be processed?
03:06It should be fast.
03:07Because this is really rushed.
03:10Because the victim needs to leave the house.
03:15If he's going to be beaten, he needs to leave the house.
03:18Or the victim can leave the house through the temporary protection order.
03:27Even if it's his house.
03:29The victim will stay there.
03:33Through the protection order.
03:34Okay.
03:35What are the rights of protection that a victim can get while the process of the case is ongoing?
03:40He can't be approached or talked to.
03:43He can't be given support.
03:45Or the cost of the child can go to him.
03:48And he can also ask for a vehicle.
03:56Even if the vehicle is not his name.
04:00He can take it and give it to the court within the protection order.
04:09Okay.
04:09Atty., what are the common challenges experienced by women who file cases like this?
04:15The common challenge is usually if there's no money.
04:17Especially if there's economic abuse.
04:19Then there's no payment.
04:21But that's the answer of the PO.
04:24It's free when they file.
04:26And usually, there's no filing fee if there's no payment.
04:31Okay.
04:32Does this apply to anyone who's with you at home?
04:35Or to anyone who hits you?
04:36No, it should only apply to your former partner.
04:41This only applies to a spouse.
04:44Ex-spouse or child.
04:46You need to have a dating or live-in relationship.
04:52Your neighbor can't file a BAUSI.
04:57That's a different case.
04:59Yes, that's a different case.
05:00If it's sexual harassment, Safe Spaces Act, it depends.
05:04Or under the revised Penal Code.
05:06If you were hit, serious physical injuries.
05:08There, direct assault.
05:10But this BAUSI only applies to those who have a former dating or live-in relationship or have a child.
05:21Okay.
05:22What if the victim is afraid to file?
05:25Can others file for this?
05:26Yes, this is one of the things that the DSWD can file.
05:32Ascendants can file.
05:35Father, mother.
05:36Or descendant, your child.
05:38Those who can be seen.
05:39Anyone. Two people.
05:41This is a public crime.
05:44Anyone can file.
05:47That's why this law is really dangerous to adults.
05:52Anyone can file for this.
05:55Especially those who abuse.
05:58Okay.
05:59So for instance, we're seeing posts online, videos,
06:02where you can really see the face of a woman being beaten.
06:05The beating of a woman is still recorded.
06:08There.
06:08So how...
06:09Of course, there are people who will sympathize with her.
06:13They will help her to file a case.
06:15She filed a case.
06:16Suddenly, she backed off.
06:17Suddenly, she complained.
06:18That's okay.
06:19You can also complain.
06:20That's the challenge with this case.
06:23It's usually forgiven.
06:24But if you're involved again,
06:26it's gone.
06:27The previous case is gone.
06:28The next one is already there.
06:30And for instance,
06:32there's a case where you're involved again and again.
06:37You're forgiven.
06:38You're involved.
06:38It means that it's gone.
06:40It's not...
06:41But there's a 20-year expiration period
06:47or 20 years for you to file a case.
06:50Okay.
06:51Alright.
06:52On the barangay level,
06:53I wonder,
06:54do the abuser and the victim talk to each other?
06:57Because with that instance,
06:58there might be intimidation on the victim.
07:01What's the scenario?
07:02Nothing.
07:02Even in court,
07:03there's nothing.
07:04It's not included in the mediation.
07:07Okay.
07:07They don't talk to each other.
07:09These are the cases that they don't face
07:14and don't agree with.
07:16Okay.
07:17If you want them to agree with you,
07:18but there's no mediation for this.
07:20Because in the barangay,
07:23they'll directly ask you to leave.
07:25Barangay protection order.
07:26Valid for 30 days.
07:28Meaning,
07:28they'll ask you to leave.
07:30I have a case.
07:31We asked him to leave.
07:33He left the house.
07:35He didn't bring anything.
07:37He won't come back.
07:39There.
07:39Okay.
07:40The victim is protected.
07:41Attorney,
07:41what specific worst case
07:43did you handle with VAUCIE
07:45that can be related to our KRS-P?
07:48We handled VAUCIE,
07:50but it's really a closed door.
07:54It's a foreigner.
07:55Because usually,
07:56women are patient
07:58when it's a foreigner.
07:59Don't be afraid
08:00if your husband or your children are a foreigner.
08:04It's easy to get them out of here.
08:06Sometimes,
08:08they hit you if you don't like the food.
08:11They throw the food on your face.
08:14They break it.
08:15Those are verbal abuse
08:18and psychological abuse.
08:23For example,
08:24you're embarrassed in front of other people.
08:26There are a lot of people.
08:27Visitors.
08:28They'll throw the plate at you.
08:29They'll break it.
08:31Those are...
08:32Grounded for VAUCIE.
08:34Yes.
08:35That's psychological abuse.
08:37There's also economic abuse.
08:40Economic abuse
08:41when you're not given support
08:42or your husband doesn't want you to work.
08:45You're locked up.
08:46Don't work.
08:47I'll work.
08:48You stay here.
08:49That's economic abuse.
08:50It's okay.
08:51Okay.
08:52So, it's important to know
08:53the rights of women
08:55so that you know
08:57when to file a VAUCIE case.
08:59Thank you very much,
09:00Attorney Alice.
09:02For the important information
09:04you shared with us
09:05about the process
09:06of filing a VAUCIE case.
09:08We also have with us
09:09Attorney Alice Vidal.
09:11Thank you, Attorney.