7/29/2019 Primer Q and A

1/2

What are the elements of the crime of violence against women through

harassment?

Rustan Ang v CA and Irish Saguid (2010)

1. The offender has or had a sexual or dating relationship with the offended woman;

2. The offender, by himself or through another, commits an act or series of acts ofharassment against the woman; and

3. The harassment alarms or causes substantial emotional or psychological distressto her.

Will the Court publish or upload its decisions involving violence againstwomen and their children on its website? If yes, is this not a violation ofthe privacy and confidentiality of proceedings under the VAWC?

The Court will publish the decision. However, the real name of the victim shall not

be disclosed. The Court in People v Melchor Cabalquinto (2006) said:

in view of recent enactments which unequivocally express the intention tomaintain the confidentiality of information in cases involving violence againstwomen and their children, in this case and henceforth, the Court shall withhold thereal name of the victim-survivor and shall use fictitious initials instead to representher. Likewise, the personal circumstances of the victims-survivors or any otherinformation tending to establish or compromise their identities, as well those oftheir immediate family or household members, shall not be disclosed.

Can the principle of conspiracy be applied to R.A. 9262?

Yes, it can be applied. The court held in Sharica Mari L. Go-Tan v Spouses Perfecto

C. Tan (2008) held: the principle of conspiracy under Article 8 of the RPC may

be applied suppletorily to R.A. No. 9262 because of the express provision of Section

47 that the RPC shall be supplementary to said law. Thus, general provisions of the

RPC, which by their nature, are necessarily applicable, may be applied suppletorily.

Who can file a complaint under the VAWC?

Violence against women and their children shall be considered a public offense,

which may be prosecuted upon the filing of a complaint by any citizen having

personal knowledge of the circumstances involving the commission of the crime.

(Section 6, IRR of RA 9262)

Can Battered Woman Syndrome be used as a Defense?

Victim-survivors who are found by the courts to be suffering from battered woman

syndrome do not incur any criminal and civil liability notwithstanding the absence of

any of the elements for justifying circumstances of self-defense under the Revised

Penal Code. (Section 32, IRR of RA 9262)

7/29/2019 Primer Q and A

2/2

Maaari bang kasuhan ng isang babae ang kanyang dating kasintahan, batay sa R.A.

9262, kahit wala silang relasyong sekswal?

Maaari. Dahil ang kahulugan ng dating relationship batay sa R.A. 9262 ay hindi

nangangailangan ng sex o pagtatalik. (Rustan Ang v CA, 2010)