MANILA, Philippines—Senator Lito Lapid filed a bill that he wishes would amend Republic Act 9262 with the legislative measure seeking to provide clearer protection for persons over 18 but suffering from a disability, illness, condition, or incapacity.
As per the Senate’s official website, Lapid explained that the amendment is to ensure that the lofty goals of the Anti-Violence Against Women and Children Act of 2004 are still being upheld despite the passage of time.
Lapid added that the provision is meant to update the language of the ambiguous Section 3(H) that defines the term “children.”
The word “children” in the current law refers to people below 18-years-old or those who are already above the age limit but are incapable of taking care of themselves.
Lapid, furthermore, argued that the phrase “incapable of taking care of themselves” has always been open to interpretation and has been sometimes used to the detriment of the victim.
“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,” said Lapid. “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.”
(It’s been more than 15 years since RA 9262 has been passed and until now, it has stayed as strong as any other law can be as it gives justice to women and the youth who are victims of abuse and maltreatment. Nevertheless, with the age of this law, we see some parts of it that need amendment so that it can be stronger.)
Lapid said that to remove the ambiguity in using the word “children” and the phrase “incapable of taking care of themselves,” the amendment would clarify the definition of persons over 18-years-old but are suffering from mental or physical disabilities, illness, condition, or incapacity.
Under the amendment, 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 “Rare Disease Act of the Philippines,” and any other similar medically-recognized disease or condition that results in incapacity or disability will be included.
Moreover, “persons with disability” under Republic Act 7277 or the “Magna Carta for Persons with Disability” are automatically included in the amendment.
Lapid argued the Supreme Court decision on People vs Abello on March 25, 2009 wherein the condition of the 21-year-old polio victim wasn’t acknowledged appreciated in the court. However, the prosecution failed to present any evidence of a medical evaluation from a qualified physician or psychiatrist that attested to her incapacity to take care of herself fully.
“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,” said Lapid.
(An individual who is 18-years-old and above and with his or her ailment visibly out in the open should never be required to give a medical evaluation to be under the category that the law mandates. It seems that the victim’s abuse is just being repeated, which could be avoided if the particular part of the law is amended.)
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