Article 35 Rights of victims. In addition to their rights under the current law, victims of violence against women and their children have the following rights: Worry about your safety because someone: Stalking and stalking has been around for a long time, but the Criminal Code`s specific criminal offence “criminal harassment” was not created until 1993. In the past, police would accuse a person of a crime such as trespassing at night, loitering or making threats. These crimes still exist and can still be charged. Since 1993, however, police have generally addressed this type of behavior with criminal harassment charges. Stalking legislation is a response to the growing violence against women, particularly women leaving marriage or intimate relationships. Evelina G. Escudero (1. District, Sorsogon) has introduced a bill criminalizing harassment. House Bill 5064 or the Anti-Harassment Bill of the Philippines defines stalkers as anyone who repeatedly persecutes, harasses and commits inappropriate contact against another person or family, with the reasonable assumption that such acts will place the person or their family in fear of death. assault, unlawful coercion, sexual assault or other similar circumstances.

Escudero stated that harassment also involves invading the privacy of someone else`s residence, interfering with or disrupting another`s privacy or family relationships, intriguing in order to alienate another of his friends, annoying or humiliating another because of his religious beliefs, his inferior position in life, place of birth, physical defect or other personal conditions. “These legal rights are violated by harassment, which is an act described as harassment, harassment, anxiety and any other disruption of people`s privacy,” Escudero said. Escudero said the state must respect human rights, including the dignity of every human person and people`s right to security. Escudero said the Civil Code of the Philippines states that every person must respect the dignity, personality, privacy and peace of mind of their neighbors and others. Under this measure, anyone convicted of the crime of harassment will be punished with a maximum penalty of P 500,000 or both, at the discretion of the court. If the victim is a woman or a minor, the heaviest penalty is imposed. A victim of criminal harassment has the right to apply to the court for an injunction to refrain from alleged harassment. The injunction is issued and bail is not ordered until a written and verified application has been made with proof of service on the defendant and a hearing on the application to determine whether the evidence of the charge warrants an injunction or injunction. Every person convicted of the crime of criminal harassment must undergo medical, psychological or psychiatric examination and treatment and, for this purpose, enter and stay in a specified institution if this is left to the discretion of the sentencing court. The same applies if the evidence warrants it. Section 47 Suppletive Application – For the purposes of this Act, the revised Criminal Code and other applicable legislation apply. Criminal harassment is a criminal offence under the Criminal Code.

It is harassing behavior that involves harassment. The behaviour must give you good reason to fear for your personal safety and it must have no legitimate purpose. In general, the behavior should not occur once, but repeatedly. However, if the behaviour is overtly threatening, a single incident can be considered criminal harassment. It`s no excuse for the person to pretend they didn`t intend to scare you. When charges are laid, the police hand over the file to the prosecutor`s office. The Crown attorney is responsible for taking the matter to court. If the accused pleads guilty, you may not have to go to court. If he pleads not guilty, the prosecutor will call you as a witness at the trial to prove that the person committed the crime. Ask victim services for help. A victim services representative can answer your questions about what will happen in court and keep you updated on the status of your case. You can also make sure you have an interpreter in court if you need one.

You can contact the prosecutor in your case if you have questions about the evidence you will present in court. Section 49. Repeal clause – All Acts, orders, orders and regulations, or parts thereof, that are inconsistent with the provisions of this Act shall be repealed or amended accordingly. Some of the following tips apply when a stranger is chasing you, others when an ex-partner is bothering you. You should not use this information to seek police assistance. However, keep in mind that some people have a legitimate reason to contact you repeatedly. For example, a debt collector may call you several times. While you may not like this contact, it is legal if done in accordance with the laws governing collections.

Article 29 Functions of prosecutors and court staff. Prosecutors and court officials shall comply with the following obligations when dealing with victims under this Act: First offense: Php 1,000 fine and/or 8 hours of community service, including a gender awareness seminar Second offense: Php 2,000 fine or arrest 6-10 days Third offense: fine of 3,000 Philippine pesos or arrest 11-30 days Sources: Official Gazette of the Senate, UN Women, Safe Streets and Public Spaces Law, Quezon City Council, Interaksyon and PhilStar Sec. 34. Persons involved in the aid are exempt from responsibility. In all cases of violence against women and their children, as defined herein, any person, individual, police department or barangay officer who responds or intervenes in accordance with the law, without the use of force or coercion beyond the safety of the victim, shall not be liable for any resulting criminal, civil or administrative liability. § 38 Exemption from payment of application fees and other fees. – If the victim is destitute or if there is an imminent need to respond to an application for a protection order due to imminent danger or imminent danger, the court will accept the application without payment of filing and other fees and transcription of stenographic notes. Article 42 Training of persons involved in cases of violence against women and their children. – All bodies involved in combating violence against women and their children must receive education and training to familiarize them with: a. the nature, extent and causes of violence against women and their children; b.

the legal rights and remedies available to victims of violence against women and their children; c. the services and facilities available to victims or survivors; d. the legal obligations of police officers to make arrests and to offer protection and assistance; and e. techniques for dealing with incidents of violence against women and their children that minimize the risk of injury to the police officer and promote the safety of the victim or survivor. The PNP, in coordination with the LGU, will establish an education and training programme for police and barangay officers to enable them to properly deal with cases of violence against women and their children. § 33 Prohibited Acts. – A Punong Barangay, a Barangay Kagawad or the court hearing an application for an order of protection shall not order, instruct, coerce or in any way unreasonably influence the applicant for an order of protection to compromise or abandon any of the remedies sought in the application for protection under this Law. Section 7 of the Family Court Act 1997 and sections 410, 411, 412 and 413 of the Municipal Code 1991 do not apply to proceedings in which an appeal is lodged under that Act. Failure to comply with this article shall render the official or judge administratively liable.

This law is a revolutionary victory against the Bastos culture. Goodbye, Catcaller! No one should suffer and fear different types of sexual violence in public spaces. Sexual remarks, unwanted touching and rape have a negative impact on victims and it is only right that the government should prevent and punish such acts. The answer is not simple. It depends on the facts and the severity of the behaviour. The police will assess each situation and take appropriate action in the circumstances. For example, if the police do not arrest the person, they may ask them to sign a “promise to appear in court” to respond to the charges.