LAPID PUSHES FOR AMENDMENT IN ANTI-VAWC LAW FOR PROTECTION OF PERSONS OVER 18 YEARS OLD SUFFERING FROM DISABILITY AND ILLNESS

Senator Manuel "Lito" M. Lapid has filed a bill which seeks to amend RA 9262 also known as Anti-Violence Against Women and their Children Act of 2004. The amendment proposes to provide solid and clearer protection for persons over eighteen (18) years of age but who are suffering from disability, illness, condition or incapacity.

Lapid explains that the amendment must be made to ensure that the lofty goals and purposes of the said law are still being achieved notwithstanding the passage of time. One such provision that needs updating in order to effect a clearer and less ambiguous language is Section 3(H) regarding the definition of "Children."

The word "children" in the current law refers to those below eighteen (18) years of age or older but are incapable of taking care of themselves. The phrase "incapable of taking care of themselves" is open to interpretation that may be exploited to the detriment of the victim.

Worth noting is the Supreme Court decision on People vs Abello in March 25, 2009. In the said case, despite the 21-year old victim's polio illness and her difficulty in walking (which was uncontroverted), her inclusion into the definition of a "child" was not upheld. This was only because of the prosecution's failure to present any evidence of a medical evaluation from a qualified physician or psychiatrist attesting to her incapacity to fully take care of or protect herself. The Court based the requirement of medical evaluation on the Implementing Rules and Regulations (IRR) of RA 7610 or Special Protection of Children Against Abuse, Exploitation and Discrimination Act.

To further emphasize the absurdity, the victim here had polio and difficulty in walking yet her incapacity to take care of herself was not appreciated by the court. This is all rooted in the ambiguity and openness to interpretation of thr definition which in turn, necessitated an IRR requirement which obliges exploited and abused children, despite proven illness, to still under go medical evaluation.

"Higit 15 taon matapos maipasa ang RA 9262 at hanggang ngayon nananatili itong matibay na batas na nagbibigay hustisya sa mga kababaihan at kabataang biktima ng pang-aabuso at pangmamaltrato. Gayunman, sa tagal na rin na ipinatutupad ang batas na ito, nakakakita tayo ng mga bahagi nitong dapat na amyendahan para lalo pa itong mapalakas. Ang isang indibidwal na edad 18 pataas at kitang-kita namang may dinaramdam na sakit ay hindi na dapat hingian pa ng medical evaluation para lang pumasok sa kategoryang sakop ng batas. Tila ba kasi nauulit lamang ang pang-aabuso sa biktima, at maiiwasan sana ito kung ma-aamyendahan ang partikular na bahagi ng batas na aking nabanggit," Lapid said.

To remove the ambiguity, this bill intends to clarify the definition by specifying that persons over 18 years of age but who are suffering from a mental or physical disability, illness, condition or incapacity are included therein. A non-exclusive enumeration is presented in this amendment, to wit:

- Autism
- Down syndrome
- Congenital birth defects
- Polio
- Intellectual disabilities
- Deafness
- Blindness and other visual impairment
- Deaf-blindness
- Learning disabilities
- Speech or language impairment
- Orthopedic impairment
- Cerebral palsy
- Any disease included in the rare disease registry established under RA 10747, otherwise known as the "Rare Disease Act of the Philippines"
- Any other similar medically-recognized disease or condition that results in incapacity or disability.

Persons who are designated as "persons with disability" under Republic Act 7277 also known as "Magna Carta for Persons with Disability," are also automatically included in this category. Thus, if a victim has any of these disabilities or diseases, no further medical evaluation is necessary.

"Mula noon hanggang ngayon, hangad kong mapagtibay ang mga batas na nagbibigay ng proteksyon sa mga bata at kababaihan gaya ng ating mga ina, asawa, anak, kapatid at kaibigan. Isinusulong ko rin ang proteksyon at hustisya sa mga naging biktima ng pang-aabuso, higit lalo pa sa mga may kapansanan. Makamit sana ng lahat ng biktima ng pang-aabuso at pangmamaltrato ang hustisya sa pamamagitan RA 9262 at huwag sana nating hayaan na may maiwan sa labang ito dahil lamang sa iilang probisyon na hindi gaano klaro ang depinisyon," Lapid added.