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Flashback circa 2000: the Supreme Court accepted the “battered wife syndrome” (BWS) as a mitigating circumstance in the crime and returned Genosa’s case to the Ormoc regional trial court. The SC referred it back to the lower court. With instructions to consult clinical psychologists to better assess Genosa’s state of mind at the time of her husband’s killing.
After four years, Genosa who was then on death row was spared from death penalty. The parricide conviction stays, but her sentence was reduced from 14 to six years. The 2004 decision came with an order of her release for time served. The landmark decision paved the way for BWS to be invoked as a legal defense.
Incidentally, after a few months after its promulgation, The Anti-Violence Against Women and their Children Act of 2004 (RA 9262). The law is an act defining violence against women and their children, providing for protective measures for victims, prescribing penalties therefore, and for other purposes. It defines BWS as:
a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.
The legal recognition of BWS is a welcome development not only in Philippine jurisprudence per se but more so for those who have been advocating against violence against women in intimate relationships. The law and BWS by themselves are not protect women and their children from many forms of abuse. Much less answer the question of why would anyone get caught up in this terrible situation in the first place? Why wouldn’t they get out at the very first sign of mistreatment?
The law as a recourse can serve it purpose. Congress though RA 9262 has even criminalized (against fathers) withholding of support in certain instances. A victim-survivor can petition for protections orders when necessary.
These sanctions however, can never approximate nor much more repay the injustice of abuse and the personal destruction it brings. It’ll take time and therapy (in many form) before victims could realize that they did not cause not deserve the abuse.
I’ve seen their flyers at Porta Vaga (Baguio) once or twice over. But i never got around into locating their office, we’ll not until I found myself literally accross the doors while buying whole wheat bread and organic vegetables for my father.
The name of their organization by itself says it all — Stop the Abuse and Violence our Against Women, Inc (SAVE Our Women., Inc). It is a non-stock, non-profit, non-sectarian and non-political organization of dedicated women and men that aims to further the advocacy AGAINST Violence Agaisnt Women and their Children (VAW-C).
SAVE Our Women regularly holds coffee sessions with victim survivors of violence and domestic abuse. The group conducts various forum, information seminars and even public debates regarding Violence Against Women. These talks are usually in coordination with other socio-civic organizations, schools and like minded groups. They also provide physical assistance and support to female victimes of violence and domestic abuse. They can also provide recommendations and referrals to individuals, professional and specialists who can provide reliable and sympathetic professional assistance.
SAVE our Women Inc., makes room for men too, realizing that both women and men afterall are trapped in the gender roles and stereotypes dictated upon by a lot of factors from traditions to dictates of soceity in general and media in the particular. As such,m SAVE our Women Inc., recently launched the white ribbon campaign — a project at it’s infancy which aims to involve not just women but men as well in the fight agaisnt VAWC.
As per their SEC registration, the SAVE our Women, Inc., is barely two months olds. After mass from the Cathedral or while shopping at Porta Vaga if you happen to be in Session – swing by the 3rd Floor of Porta Vaga to learn more about SAVE Our Women., Inc.
And in case you just might have a story or a query to share… feel free to do so rest assured that all these info will be treated with utmost confidentiality. Over coffee or in between breaks — take time to meet women (and hopefully men too) who are ready to listen and speak about the unspeakable.
Here are a few more Q and As on the Solo Parent’s Welfare Act. May all these answer help in securing the ID, leaves and other package of services available. The processing will take a while but the seven days additional leave is gonna be worth it. Note that one can avail of the leave even without an ID yet (for they are not issued automatically), as long as there is a certification of eligibility issued by the social worker. Visit the website of DSWD for more information.
Q. What are the Steps Necessary to Avail the Package of Services
A. A solo parent shall apply for a Solo Parent Identification Card (Solo Parent ID) from the City/Municipal Social Welfare and Development Office. Once the solo parent ID is issued by the city/municipal social welfare and development officer, a solo parent can apply for services he/she needs from the C/MSWD office or to specific agencies providing such assistance/services.
Q. What are the requirements in securing a solo parent ID ?
A. (1) Barangay certificate residency in the area (2) documents /evidence that the applicant is a solo parent (e.g. death certificate of spouse, declaration of nullity of marriage, medical certificate (if incapacitated) (3) ITR or certification for the brgy./municipal treasurer
Q. What document/proof will I present if I have a child or de facto separation from my wife/husband?
A. A Certificate issued by the Barangay Captain indicating the circumstances of one’s being a solo parent.
Q. If I file the application, can this be secured right away?
A. No, the social worker has to complete first the assessment/evaluation of the solo parents situation. ID is issued after 30 days of filing. The validity of the ID is one year.
Q. In case of transferee ?
A. Applicant should seek first clearance from former Barangay where he/she will surrender his/her ID issue to him/her.
Q. If ID is not yet available at the C / Municipal level?
A. The Social Worker can issue a certification of eligibility, provided the assessment process is completed.
Q. Can one avail of Parental leave even without a Solo Parents ID?
A. As long as there is a certification of eligibility issued by the Social Worker.
Q. Is parental leave retroactive since the effectivity of the law was last November 2000?
A. No, Parental leave is non-cumulative and can be availed only during the current year. Further, it can only be availed after the issuance of the Solo Parents ID.
Q. If the LGU is not yet issuing solo parent ID, how can a Solo Parent avail of services particularly the parental leave?
A. A certification of eligibility issued by the social worker can be presented meantime that the ID is not yet available. However, the certification of eligibility can only be issued once the assessment/evaluation of the situation of solo parent is completed.
Q. Is the 7 day parental leave apart from the existing 3 days special leave?
A. The law clearly indicates that the granting of the 7 days parental leave is or top of the 3 day special leaves and other mandatory leave benefits.
Q. Can Solo Parents avail of maternity leave?
A. There is no provision in the law that there is a maternity leave for the Solo Parents, however, other laws can be applied.
Q. If I have already been issued an ID, where will I go to avail the benefits?
A. A solo parent can directly inquire from the following agencies for the availment of services
- Health Services (DOH)
- Educational Services (CHED, TESDA)
- NHA (Housing)
- Parental Leave (Employee of solo parent, DOLE, CSC)
Q. Are there any educational benefits for children who are in high school or elementary?
A. None, High School and Elementary education are free in public schools. CHED and TESDA only offer the study grant program and scholarship for college/tertiary/vocational to Solo Parents and their children who are living below poverty threshold.
Q. Are there Income Generating Project or livelihood programs?
A. Concerned agencies like DSWD, TESDA and DOLE provide skills development and livelihood program.
Q. What are the other programs / services?
A. Other services included in the comprehensive program consist of health, housing, and psychosocial services as well as livelihood and skills development program. A solo parent can directly inquire from the agencies concerned the requirement for the availment of services
Featured at Cordillera Today, last August 5, 2007
I featured the Solo Parent’s Welfare Act a few months ago. I am glad to note that I still receive queries about this law and it is still the most frequently visited post in the online edition of this column. The following are Q n As from the website of DSWD. We hope that this will help increase awareness of our readers on the law.
Q. What is RA 8972 or the Solo Parent’s Welfare Act?
A. Republic Act No. 8972 or the Solo Parents’ Welfare Act of 2000 is an Act that provides for benefits and privileges to solo parents and their children, appropriating funds therefor and for other purposes. The Act aims to develop a comprehensive package of social development and welfare services to solo parents and their children to be carried out by the Department of Social Welfare and Development (lead agency), various government agencies and other related NGOs.
Q. When did the law take effect?
A. The law was signed into law on November 7,2000 and took effect on November 28, 2000. Its implementing rules and regulations was approved on April 2002.
Q. Have the LGUs been informed of the law?
A. All the concerned LGUs through their local social workers were oriented on the law last 2002.
Q. Who are considered Solo Parent ?
A. Parent left alone with the responsibility of parenthood due to (1) death of spouse, (2) physical and mental incapacity of spouse as certified by public medical practitioner, (3) imprisonment of the spouse for at least one year, (4) legal or de facto separation from spouse for at least one year, (5) annulment of marriage as decreed by a court or church, (6) abandonment of spouse for at least one year, (7) a woman who gives birth a result of rape and crimes against chastity, provided the woman keeps and raises her child, (8) unmarried mother or father who has preferred to keep the child instead of others caring for him/her, (9) any other person who solely provides parental care and support to a child provided he/she is a duly licensed foster parent of DSWD, or duly appointed legal guardian by the court through adoption or legal guardianship, and (10) any family member who assumes the responsibility as head of family as a result of death, abandonment, prolong absence or disappearance of parents/solo parent for at least one year.
Q. Are OFWs considered Solo Parents ? Can they avail of the benefits of the law ?
A. In section 3 of RA 8972 the law did not consider OFW as one of the categories of solo parents since the other spouse still exercise parental duties over his/her family. However, if the other parent is abroad and has lost contact with his/her family for a year or more, the other parent can be considered a solo parent due to disappearance or prolonged absence.
Q. What is the Package of Services of the Comprehensive Program
A. The comprehensive package of programs/services for solo parents includes livelihood, self-employment and skills development, employment-related benefits, psychosocial, educational, health and housing services.
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