Transformative Justice: Republic Act 9262, the Anti-Violence Against Women and their Children Act of 2004.

See - Transformative Justice

"x x x.

Republic Act 9262, the Anti-Violence Against Women and their Children Act of 2004 provides for two very important provisions that are not usually applied by the Family Courts. These provisions pertain to counseling and rehabilitation.

Section 40. Mandatory Programs and Services for Victims. The DSWD, and LGUs shall provide the victims temporary shelters, provide counseling, psycho-social services and/or, recovery, rehabilitation programs and livelihood assistance.

Section 41. Counseling and Treatment of Offenders. The DSWD shall provide rehabilitative counseling and treatment to perpetrators towards learning constructive ways of coping with anger and emotional outbursts and reforming their ways. When necessary, the offender shall be ordered by the Court to submit to psychiatric treatment or confinement.

Barangay Officials and Judges must take to heart the provision of Article 33 of RA 9262 which states:

Section 33. Prohibited Acts.- A Punong Barangay, Barangay Kagawad or the court hearing an application for protection order shall not order, direct, force or in any way unduly influence the applicant for protection order to compromise or abandon any of the reliefs sought in the application for protection order under this Act. 

Section 7 of the Family Court Acts of 1997 and  Sections 410, 411, 412 and 413 of the Local Government Code of 1991 shall not apply in proceedings where relief is sought under this Act.

Failure to comply with this Section shall render the official or judge administratively liable.

Despite these very clear provisions of RA 9262, many victims of Violence continue to suffer. As a matter of fact, many private law practitioners who feel frustrated in handling cases on Violence Against Women and their Children (VAWC) no longer practice and they refuse to appear in courts.

It is in this regard that those tasked in the administration of justice must have a thorough understanding of the Cycle of Violence. 

The study of the Cycle of Violence (COV) have been shared by feminist-psychologists.

Many of the lawyer-advocates find the analyses by feminist-psychologists to be true in accordance with our own perception and experiences.

The repeated Cycle of Violence may eventually end up either in the death of the victim or the doer of violence. This happens once the victim acquires a Battered Woman Syndrome (BWS). 

Either way, there may be death unless counseling or psychiatric treatment can take place.

Death of either the battered woman or the doer of violence is very traumatic to family members. The cycle of violence must stop.

This cannot happen when judges will merely think of ensuring that families remain solid and intact without seeking for professional interventions. Victims must be healed to free them from the Battered Woman Syndrome.

RA 9262 provides:

Section 26. Battered Woman Syndrome 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 nothwithstanding the absence of any of the elements for justifying circumstances of self defense under the Revised Penal Code.

In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the time of the commission of the crime, the courts shall be assisted by expert psychiatrists/psychologists.

As discussed by expert psychologists and psychiatrists the Cycle of Violence illustrates the experience of the victim as follows:

It has three (3) recurring phases:

Ø Tension or Build-Up Phase

Ø Violent Outburst or Crisis Phase

Ø Honeymoon Phase

In some instances, the cycle no longer goes through the honeymoon phase, rather it goes directly from the violent outburst to the built-in phase.

Tension Phase: 

Characterized by the increasing stress in the relationship and the couple cannot overcome by talking it out; 

The abuser wields control over his partner and dominates the situation;

· Usually, threats, jealousy, and humiliation of the woman by the partner grow more serious;

The former makes every effort to please the latter; 

The woman is filled with fear and may try to deliberately ignore the problem

Violent Outburst Phase: 

Extreme physical violence or sexual or emotional harm occurs; 

The batterer justifies his behavior as a way of teaching the woman a lesson;

· The victim on the other hand, usually has no control of the outburst;

· Her only recourse is a safe hiding place;

· She may even deny the seriousness of the abuse and try to appease the batterer

Honeymoon Phase:

· 

The batterer may feel remorse and sorrow for his behavior and may be fearful that his partner will leave him;

· The batterer woos the victim and asks her forgiveness;

· He promises not to repeat the abuse and his behavior may change for a while;

· It may be a time of closeness for the couple.

Of the three stages, the violent outburst stage is the most critical because the victim is often left scared and confused. In all stages, however, community intervention is needed in order to break the cycle of repeated violence completely.

RA 9262, the Anti Violence Against Women and their Children Act of 2004 is now an eleven year old law;

RA 8369, the Family Court Law of 1997 is now an eighteen year old law;

Yet the problem on VAWC is becoming worse.

x x x."