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Rights and Empowerment
PNP’s annual recruitment for women. It also provides
under section 59 the formulation of gender sensitivity
training. These provisions have been further
strengthened under the Magna Carta of Women in its
provisions on protection against violence.
The MCW requires that within the next five
years from its passage in 2009, there shall be an
“incremental increase in the recruitment and training
of women in the police force, forensics and medicolegal, legal services, and social work services availed of
by women who are victims of gender-related offenses
until fifty percent (50%) of the personnel thereof shall
be women.”86 All government personnel involved in
the defense of women are also required to undergo
human rights and gender sensitivity training87. The
MCW also reiterates the directive under the AntiViolence Against Women and Children (RA 9262) on
the creation of Barangay VAW Desks.88
Also in relation to protection against violence, the
Anti-Violence Against Women and their Children
Act of 2004 (RA 9262) specifies the duties of the PNP
in cases of domestic violence, whether in a marriage
or in an intimate relationship. It provides:
“Barangay officials and law enforcers shall have
the following duties:
a. respond immediately to a call for help or request
for assistance or protection of the victim by entering
the dwelling if necessary whether or not protection
order has been issued, and ensure the safety of the
victim/s;
b. confiscate any deadly weapon in the possession
of the perpetrator or within plain view;
c. transport or escort the victim/s to a safe place of
their choice or to a clinic or hospital;
d. assist the victim in removing personal
belongings from the house;
e. assist barangay officials and other government
officers and employees who respond to a call for help;
86
Id.
87
Id.
88
Sec. 12.
f. ensure the enforcement of the Protection Orders
issued by the Punong Barangay or the courts;
g. arrest the suspected perpetrator even without
a warrant when any of the acts of violence defined by
this Act is occurring, or when he/she has personal
knowledge that any act of abuse has just been
committed, and there is imminent danger to the life
or limb of the victim as defined in this Act; and
e. immediately report the call for assessment or
assistance of the DSWD, Social Welfare Department
of LGUs or accredited non-government organizations
(NGOs).”
Any barangay official or law enforcer who fails
to report the incident shall be liable for a fine not
exceeding P10,000, or criminal, civil or administrative
liability whenever applicable.89
Section 48, Rule VIII of the IRR for RA 9262
underscores the role of the PNP-Women and Children
Protection Desks (PNPWCPD):
“For the purposes of investigation of VAWC cases,
the PNP-WCPD shall have the following duties and
functions:
a. Upon receipt of the complaint, the WCPD
officer shall conduct appropriate investigation which
includes, but is not limited to, taking the formal
statement of the victim-survivor and collecting other
evidence necessary for the filing of the case under the
Act;
b. Immediately after taking the essential elements
of information during the course of investigation,
the WCPD officer shall refer the victim-survivor to
the nearest PNP Crime Laboratory and/or hospital
or any medical facilities for appropriate medico-legal
examination. It shall be the WCPD officer’s duty to
ensure that as far as possible, the examining physician
must be of the same gender as the victim-survivor,
especially in sexual violence cases;
c. Except in the case of a child who is a victimsurvivor of the Act, by which other existing laws
require immediate presence of the unoffending parent
89
Sec. 30, RA 9262.
CHR Gender Ombud Guidelines