Taming Domestic Violence

Two bills seek to impose stiffer penalties against offenders

By Jin Paul de Guzman

Anywhere in the world, you can pick any three women and there is a chance that one of them has experienced some form of abuse. Filipino women have it worse-three out of every five of them have been subjected to abuse, 10 percent of which is physical. These abuses mostly happen in the home. But contrary to the popular notion about domestic violence, it does not merely involve the husband and the wife, but any member of the family or household.

    So says Rep. Darlene Antonino-Custodio (first district, South Cotabato), who recently filed House Bill 2753 or the Anti-Domestic Violence Bill. Together with medicolegal expert Dr. Teresita Sanchez, emergency physician Dr. Richard Vincert Dimagiba, and Philippine National Police-Women and Children's Concerns Division head Major Ildebrandi Usana, Rep. Custodio spoke on important issues related to domestic violence at a symposium organized by the Zuellig Foundation in late February.

    Rep. Custodio noted that the country has never had a specific law on domestic violence. Although the Family Code has provisions on physical abuse of the wife and children, and that abuse could be used as a basis for legal separation, a woman who gets beaten up by her husband can only file a case of physical injury. The bill therefore seeks to consider domestic violence as a separate form of abuse.

    Statistically, husbands or fathers are the most common perpetrators of violence, while wives and children those who bear its brunt. The bill seeks to widen the coverage of domestic violence-perpetrators need not solely be fathers/husbands, and the victims wives and children. For as long as violence is present, anybody shall have the right to seek protection under the law, whether they be mothers, children, grandparents, husbands, or other members of the household.

    The bill also considers psychological abuse a criminal offense. In addition, the bill has a provision on the right of family members not to witness other members of the family being abuse-something Representative Custodio said is not included in the Child Protection Act (Republic Act 7610). A related bill, Rep. Custodio revealed, is the Anti-Abuse of Women in Intimate Relationships (Anti-AWIR) bill authored by Reps. Glenda Ecleo (first district, Surigao del Norte) and Magtanggol Gunigundo (second district, Valenzuela City). The bill seeks to protect women from abusive partners, be they husbands, ex-husbands, girl friends, male or female lovers, or male or female live-in partners.

    Dr. Sanchez lauded the bill, saying that current laws do not sufficiently address the issue of domestic violence. She suggested possible additions to the bill, like mandatory legal/medical counseling to the offender and penalty for law enforcers who do not respond immediately to complaints of violence.

    Dr. Dimagiba for his part said that a number of doctors are "ill-trained" in dealing with the "sociocultural and legal aspects of the problem." The need for awareness of the protocols therefore becomes crucial, especially in the emergency room setting. The good thing is that now, hospitals have started setting up women's and children's desks to look specifically into the issue of abuse. Medical professionals who attended the symposium also noted that doctors who encounter these situations must also be protected from harm that may arise.

    While noting that crimes against persons are on the downtrend, Maj. Usana lamented the upswing in gender-related crimes. He expressed support to the bill, but proposed that the relationship between the police and barangay officials in responding to cases of abuse be made clear. He suggested that the perpetrators be subjected to psychiatric intervention, and the offenders-instead of the victims of abuse-be made to leave the home.

    Maj. Usana explained that at present the PNP is training the police force on the proper ways to deal with situations involving domestic abuse, and suggested that the others who shall be involved in protecting the victims, specifically barangay law enforcers, undergo a similar training.