battered woman in jail

Update 04, June 2010

“Victim of Gender Violence Bucks Appointment of City Prosecutor to Court“

- Maria filed an opposition to the application of judgeship of Prosecutor Armando Abanado before the DOJ, Supreme Court and JBC.

Click the link for the whole story http://ndb-online.com/jun0210/negros-local-news/Victims-of-Gender-Violence-Bucks-Appointment-of-City-Prosecutor-to-Court

Update 29 May 2010

Criminal complaints filed
vs. 2 Bacolod prosecutors
BY NIDA BUENAFE

Bacolod Daily Star : Top Stories

A criminal complaint against City Prosecutor Armando Abanado and Assistant City Prosecutor Hermes Ariño of Bacolod City was filed before the Office of the Ombudsman by a city resident.

In her complaint, ”MARIA” said the two members of the judiciary were liable for gross misconduct and injustice for rendering an unjust decision that resulted to her imprisonment for 44 days at the Bacolod Handumanan Jail.

“Maria”, 27, claimed that Abanado and Ariño rendered an unjust resolution in the qualified theft case filed against her by her then common-law spouse, Benedict Gochangco.

Gochangco died on March 30, 2010 after he was shot allegedly by their male house helper at his father’s house in an exclusive subdivision in Brgy. Villamonte, Bacolod City.

In her complaint, ”Maria” said that Abanado and Ariño amended the information on her case to qualified theft of more than a million pesos worth of jewelry of Gochangco, to make sure that she could not post bail.

The complainant said she was arrested by agents of the National Bureau of Investigation in Cavite and together with her three-month old baby girl, was imprisoned at the Handumanan Jail for Women in Bacolod City from Jan. 5, 2010 to Feb. 11, 2010.

The complaint was dismissed by Assistant City Prosecutor Dennis Jarder, after Gochangco failed to prove that there was a robbery or theft of his jewelry, ”Maria” stated in her affidavit. The court ordered her release on Feb. 11, 2010.

In her Ombudsman case against Abanado and Ariño, Landazabal said both prosecutors violated her right to due process by not ensuring that she received a subpoena and by not conducting a single clarificatory hearing during preliminary investigation.*NAB

Update 31 March 2010

http://www.visayandailystar.com/2010/March/31/topstory1.htm

Update 6 March 2010

The Regional Trial court of Bacolod city Branch 51 issued a Permanent Protection ORdering Gochangco, among others, to pay support, return belongings, return the petitioner’s dogs with provision for maintenance and care, leave the house, post bond to keep the peace (P500,000); Up to now, Gochangco refuses to comply.

We filed a complaint for Indirect contempt, for disobeying the court order (Temporary Protection Order and Permanent Protection Order). we will also file a complaint affidavit with the Prosecutor’s Office for violation of RA No 9262, for violation of the protection orders.

=========

Update 16 Feb 2010

After the Court ordered a reinvestigation, we filed Maria’s counter affidavit to the Qualified Theft complaint filed by her former live-in partner and father of her 4 month old baby girl. The Prosecutor dismissed the complaint and moved for the withdrawal of the Information.

Maria was released by order of the Court on February 11, 2010, a Thursday, at 3 in the afternoon. She was unjustly incarcerated for 44 days. While in jail, she wrote a journal, and interviewed her roommates. She is now reunited with her baby Kaehlen, in an undisclosed place. She is afraid of further harassment by her former live-in partner.

While she was in jail, we filed a got a Temporary Protection Order (under Republic Act 9262), which included an order of Support (for the baby) and medical expenses, and removal of Benedict Gochangco from the house in Santa Clara Subdivision, where Maria and he lived as common-law spouses before she separated from him due to his violence.

We filed these criminal actions against Gochangco: Grave Threats, Violation of Republic Act No. 9262, Serious Illegal Detention. We also filed an administrative and criminal complaint against the agents of the National Bureau of Investigation who arrested Maria and her then 3 month old baby girl and incarcerated them in the NBI jail in Manila. The complaint is being investigated by the Commission on Human Rights and will be endorsed or filed with the Ombudsman. We are preparing an administrative complaint (on ground of grave misconduct and gross incompetence, and willfully causing a grave injustice) against the two public prosecutors who filed the case for Qualified Theft and caused the issuance of the warrant of arrest.

———-

I am in Bacolod City, trying to get a battered woman out of jail.
She is the common-law spouse of a Filipino-Chinese businessman, B. Gochangco, who fled to Manila due to his violence. She was pregnant when she fled Bacolod. She had his acts of violence recorded in the police blotter before leaving the city. She sought help from the Women’s Crisis Center, Inc., filed a complaint for Violation of the Anti-Violence Against Women and Their Children Act in the National Bureau of Investigation.

but on dec 29, 2009, she was arrested by National Bureau of Investigation agents, together with her 3 month old baby. They were incarcerated int he NBI jail
She was brought by the NBI agents to bacolod on Jan. 5, to the Regional Trial Court of Bacolod Branch 50. Nuns from St. scholastica’s College arrived, and I went to court after Mother Mary John called me up. Atty. Andy Hagad was also there.

Maria was arrested for qualified theft , Gochangco alleged she stole his jewelry worth more than One Million.

The judge ordered a reinvestigation by the prosecutor; we filed her counter-affidavit and moved to inhibit the city prosecutor. Upon reinvestigation, the acting city prosecutor, Dennis jarder, dismissed the complaint and filed a Motion to withdraw information in court. we had a hearing yesterday, Feb. 1, 2010. We await the order of the court.

We filed a criminal action for violation of the Anti Violence Against Women and their Children Act of 2004 against Gochangco, and Grave threats. Subpoena was issued..

UPDATE

B. Gochangco died of multiply gunshot wounds last year 2010, and criminal actions filed by Maria were dismissed by the prosecutor.

However, Maria is pursuing complaints filed against the city prosecutor of Bacolod and the NBI agents who arrested her.

This entry was posted on Tuesday, February 2nd, 2010 at 5:58 pm and is filed under Bing's Journal, Women's Rights. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

One Response to “battered woman in jail”

Marie
February 5th, 2010 11:46
1

I feel for you Maria. Like you, I was betrayed, misjudged & deprived of my own son. Surely, nothing is more painful than to be separated from your child.

But with the help of all the woman,our lawyer Atty Guanzon,friends & family,most of all,GOD, we will rise & attain JUSTICE in due time..and be with our child again with no more tears to cry..

Just hold on tight,be stronger..You are not alone..

Let me share this poem to you..

“God’s Promise”

I didn’t promise you skies painted blue
Not all colored flowers all your days through
I didn’t promise you, sun with no rain
Joys without sorrows, peace without pain.

All that I promise is strength for this day,
Rest for my worker, and light on your way.
I give you truth when you need it, my help from above,
Undying friendship, my unfailing love.

I never did promise you crowns without trials,
Food with no hard sweat, your tears without smiles,
Hot sunny days without cold wintry snows,
No vict’ry without fightin’, no laughs without woes.

All that I promise is strength for this day,
Rest for my, worker, my light on your way,
I give you truth when you need it, my help from above,
Undying friendship, my unfailing love.

I sure didn’t say I’d give you heaven on earth,
A life with no labor no struggles no deaths,
No earthquakes no dryspells, no fire flames no droughts,
No slaving no hungers, no blizzards no blights.

All that I promise is strength for this day,
Rest for my worker, my light on your way,
I give you truth when you need it, my help from above,
Undying friendship, my unfailing love.

I promise you power, this minute this hour,
The power you need when you fall down to bleed,
I give you my peace, and my strength to pull home
My love for all races all creeds and all kinds.

My flavors my saviors my creeds of all kinds,
My love for my saviors, all colors all kinds,
My love for my races all creeders all kinds,
My saviors my flavors my dancers all kinds,
My dancers my prancers my singers all kinds,
My flavors my saviors my dancers all kinds.

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battered woman in jail

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