a) Development of policies and procedures relative to the delivery of rehabilitation services to offenders/perpetrators of violence, ensuring its effectiveness and efficiency; b) Provision of appropriate training to City/Municipal Social Workers and other service providers who are implementing rehabilitative/treatment programs for offenders/perpetrators; and c) Establishment of system of accreditation of counselors and rehabilitation programs in coordination with concerned institutions and the academe for regulatory purposes. When necessary, the offender/perpetrator shall be ordered by the Court to submit to psychiatric treatment or confinement. Specifically, offenders/perpetrators who were issued protection orders by the Barangay or the courts shall be subjected to mandatory rehabilitative counseling and treatment. Perpetrators to be covered by the program are those: a) Referred either by the Philippine National Police-Women and Children Protection Desks, LGUs, NGOs, people’s organizations (POs) and other community based councils/ groups working with victim-survivors of violence against women and children; and b) Referred by concerned citizens or groups. Section 42. Ten-day paid leave in addition to other leave benefits. - At any time during the application of any protection order, investigation, prosecution and/or trial of the criminal case, a victim of VAWC who is employed shall be entitled to a paid leave of up to ten (10) days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations and other existing laws and company policies, extendible when the necessity arises as specified in the protection order. The Punong Barangay/kagawad or prosecutor or the Clerk of Court, as the case may be, shall issue a certification at no cost to the woman that such an action is pending, and this is all that is required for the employer to comply with the 10-day paid leave. For government employees, in addition to the aforementioned certification, the employee concerned must file an application for leave citing as basis R.A. 9262. The administrative enforcement of this leave entitlement shall be considered within the jurisdiction of the Regional Director of the DOLE under Article 129 of the Labor Code of the Philippines, as amended, for employees in the private sector, and the Civil Service Commission, for government employees. The availment of the ten day-leave shall be at the option of the woman employee, which shall cover the days that she has to attend to medical and legal concerns. Leaves not availed of are noncumulative and not convertible to cash. The employer/agency head who denies the application for leave, and who shall prejudice the victim-survivor or any person for assisting a co-employee who is a victim-survivor under the Act shall be held liable for discrimination and violation of R.A 9262. The provision of the Labor Code and the Civil Service Rules and Regulations shall govern the penalty to be imposed on the said employer/agency head.Rule VII Legal Protection For Concerned Individuals Section 43. Persons Intervening Exempt from Liability. – In every case of VAWC as herein defined, any person, private individual or police authority or barangay official who, acting in accordance with law, responds or intervenes without using violence or restraint greater than necessary to ensure the safety of the victim-survivor, shall not be liable for any criminal, civil or administrative liability resulting therefrom. Workers of NGOs , POs, church, civic and other groups, be they Filipino citizens or foreigners, fall under “any person”, are free from any criminal or civil liability when acting in accordance with law in responding to a call for help or when assisting the victim-survivor. Section 44. Protection of Service Providers. – In all cases, the privacy and identity as well as the locations of service providers, including NGOs and POs shall not be disclosed by any person who has knowledge of the VAWC cases. Section 45. Rights of the Person Arrested, Investigated or Detained. – In all cases, the rights of the person arrested, investigated or detained as provided by the Philippine Constitution and under Republic Act No. 7438 (An Act Defining Certain Rights of Persons Arrested, Detained or Under Custodial Investigation as well as the Duties of the Arresting, Detaining and Investigating Officers, and Providing Penalties for Violations thereof) shall, at all times, be respected. Rule VIII Duties And Functions Of Government Agencies, Local Government Units, Concerned Government Officials And Personnel Section 46. Duties and Functions of Prosecutors and Court Personnel. – Prosecutors and court personnel should observe the following duties when dealing with victim-survivors under the Act: a) Communicate with the victim-survivor in a language understood by her or her child/children, bearing in mind their educational attainment; and b) Inform the victim-survivor of her rights including legal remedies available and procedures, and privileges for indigent litigants. Section 47. Duties and Functions of Barangay Officials. – In order to eliminate violence against women and their children, barangay officials shall: a) Undertake an education program on Republic Act No. 9262 and on violence against women and their children and why it exists, the rights and remedies of victim-survivors, and the duties of residents and all barangay officials; b) Have a family violence prevention program, including peer counseling for men;
Posted on: Wed, 08 Oct 2014 04:37:52 +0000