CEDAW/C/PHI/5-6
victim’s past sexual conduct or reputation unless such evidence is material and relevant to the
case, banning of the public during the conduct of the preliminary investigation, among others.
209. The Supreme Court promulgated The Rule on Juveniles in Conflict With the Law. It took effect
on 15 April 2002. It incorporated provisions found in the Convention on the Rights of the Child
(CRC), the UN Standard Minimum Rules for the Administration of Juvenile Justice (Beijing
Rules) and other related UN Standards, such as releases on recognizance, diversion
proceedings, and the right to privacy of the juvenile to be protected including exclusion of
media. The Supreme Court Rules prohibit branding or labeling of the juvenile as a young
criminal, juvenile delinquent, prostitute, vagrant or any derogatory name. The Supreme Court
also issued Administrative Order No. 04-2002 dated 15 February 2002, directing trial judges to
hold regular dialogues with appropriate government officials and to visit jails to check the
welfare of prisoners, especially minor detainees.
210. The Family Courts Act of 1997 (RA 8369) established family courts in major cities all over the
country to foster a more pro-active approach to protecting the rights of women and children
against domestic violence and incest. Among the cases that fall under its jurisdiction are
violations of RA 7610 and domestic violence committed against women and children. The law
defines domestic violence against women as “acts of gender-based violence that result, or are
likely to result in physical, sexual or psychological harm or suffering to women, and other
forms of physical abuse such as battering or threats and coercion which violate a woman’s
personhood, integrity and freedom of movement.” On the other hand, domestic violence against
children refers to commission of all forms of abuse, neglect, cruelty, exploitation, violence and
discrimination and all other conditions prejudicial to their development. These acts constitute
criminal offense, and are assigned corresponding penalties.
211. Pursuant to RA 8369, the Supreme Court promulgated the Rule on Examination of a Child
Witness, which took effect on 15 December 2000. The Rule aims to create an environment that
will allow children to give reliable and complete evidence, minimize their trauma and promote
maximum accommodation of child witnesses. It also authorizes the judge to appoint a guardian
ad litem, an interpreter, a facilitator and support person for the child during trial. Likewise, it
makes use of live-linked television testimony or the use of screens, devices and one-way
mirrors if there is a likelihood that the child will suffer trauma from testifying in the presence of
the accused. Awareness-raising seminars are being conducted by the Ateneo Human Rights
Center, with the assistance of UNICEF and Assisi Development Foundation, on CourtAppointed Special Advocates/ Guardian Ad Litem (CASAGAL) in the various judicial regions.
212. At the local level, the Cebu City and provincial governments have shown that local legislative
bodies could use its power of legislation to address domestic violence, if officials choose to do
so. The Cebu City Council, as well as the Provincial Board, passed ordinances penalizing
domestic violence and providing protective measures for women and child victims of abuse.
Among the more notable features of the provincial ordinance is the “barangay protection order”
which may be issued by the barangay chair upon petition of the victim. The protection order
makes it possible for local officials to “remove and exclude (the abuser) from the residence of
the abused person temporarily for the purpose of protecting the victim regardless of the
ownership of the residence.” The order is deemed necessary because it is usually the wife and
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