CYCLE OF VIOLENCE (Part 3) ON HUMAN RIGHTS, GENDER EQUALITY AND RULE OF LAW

The continuing inability of the Philippine government to effectively apply the many laws designed to protect women and children so that their human rights are upheld and respected is caused by the very conservative and gender insensitive views of many of those tasked to administer justice.

Those views and mindsets are oftentimes observed by court users among Judges of designated Family Courts. Many Family Court Judges assert that families should remain solid and intact, despite complaints by many women that they suffer from physical and other forms of abuses from their husbands or partners.

Many Public Prosecutors and lawyers express their disgust during trainings and seminars on the Gender Sensitive Manner of Handling Cases. They share stories about certain judges who act in “despotic and arrogant manner” and berate lawyers in open court.

It has been shared many times over that in petitions for Protection Orders some designated Family Court Judges would ask the petitioners if they still love their spouses or partners. They oftentimes do that even if petitioners openly show in court the injuries or contusions they suffered because of the physical violence inflicted upon them by the respondents.

It has been reported that many judges disregard even the show of bruises by petitioners because once they hear the admission by petitioners that they still love their spouses or partners, the judges insist that the families must not be separated.

Many Judges are quoted making  statements like “Counsel, did you not hear that? This woman admits that she still loves her husband; so why are you breaking families?”. Most of the lawyers just keep silent in instances like this.

Many lawyers and Public Prosecutors complain that while they see the transformation in their ranks and many of them have become gender sensitive and responsive, the same is not true among Judges. This is one of the sad consequences of the continuing failure of our government to implement Republic Act 8369 for the Creation of Regular Family Courts.

The reality is that many of those functioning as Family Court Judges are not happy with what they call as their  “arbitrary designation”  as Family Court Judges. Many of them prefer to remain as Regular Court Judges.

This continuing anomalous situation in our justice system aggravates the many social ills that bug our communities. Marital and Family related issues are very delicate. Oftentimes, they create trauma, a lot of hatred and  of bitterness not only on the part of the spouses but most especially on the part of the children in the family.

There are now so many Children in Conflict with Laws. CICL oftentimes come from dysfunctional families. Many of these CICL have been exploited by criminal elements. Many of them have become drug users or drug dependents.

Many of these very sad and problematic situations would have been avoided if the designated Family Court Judges are able to do their functions in accordance with the provisions of Republic Act 8369.

Judges are leaders in their own right. If they use their leadership in facilitating disposal of cases that can lead to educating, enabling and empowering people, many of those who go to court can be healed, corrected and rehabilitated.

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.

We continue to call for our government to uphold and respect human rights gender equality and the rule of law.

Micah Chapter 6 verse 8 from the Old Testament of the Bible states:

“The Lord God has told us what is right and what he demands:

See that justice is done;

Let mercy be your first concern; and

Humbly obey your God.” (CEV)

Dory Cruz Avisado

9-1-15