“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.

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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.

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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.

1) The  MCW specifically cites the UN CEDAW or Convention on the Elimination of All Forms of Discrimination Against Women but does not cite other UN Conventions, in its State Policy. Instead, it lumps them in a general provision, “and other international instruments.

2) It does not require a quota for women members in political parties and a quota for women candidates, say for example,  50% of women candidates in all political parties must be women.  The inequality of women in politics vis a vis the men should have been corrected with this affirmative action provision, but Congress is obviously not ready for this. Men continue to hold power in political parties in the Philippines, and they continue to be the gatekeepers. For as long as this is not remedied, women will continue to be a minority in political positions.

3) Instead of repealing laws that are discriminatory to women, the MCW only provides that COngress shall repeal these laws within three years.  Congress dragged its feet on this one. It could have repealed the Revised Penal Code (RPC) provisions on Adultery and Concubinage, deleting these offenses from the RPC . Adultery (for women offenders ) has a higher penalty than concubinage. It is also difficult to prove concubinage while it is easy to prove adultery because women get pregnant.  Adultery is frequently used by batterers agains their wives who file cases of Violation of the Anti-Violence Against Women and their Children Act of 2004 against them

4) the Law does not provide for a budget for enforcement, including an education campaign.  just like the Anti-Violence Against Women and their Children Act of 2004 (republic Act 9262), it leaves the work to loca government funds and the 5% Gender and Development fund of national agencies and local governments.  

5) we should not be lulled by  what appears as bright promises for gender equality under this law.  women’s human rights advocates should continu.e to press for gender equality in all legislations, policy, programs and budget allocations

Will post more notes later.

R Guanzon

Members of the IBP may get their copy from the IBP Journal Office, IBP Building, Julia Vargas Avenue, Pasig City.

I hope you will find the material useful.

=================

Dear experts,

We are very pleased to enclose the final
report of the expert group meeting on good practices in legislation. The
report will be available for download from our website at: http://www.un.org/womenwatch/daw/egm/vaw_legislation_2008/Report%20EGMGPLVAW%20(final%2011.11.08).pdf

A senator called me  ask about the salient features of RA No. 9262 or the Anti-Violence Against Women and Their Children Act of 2004.  For salient features of this law, please click Books and Articles in this website.

The most common question that is asked is if Dr. Kho is liable for economic violence.

I doubt if an allegation of economic violence will prosper, because the allegation (if I am not mistaken) is that Katrina lost opportunity income and job offers because of the sex video. This is more appropriate in a damage suit, but may not prosper in a criminal action, unlike say for example, if the woman is entitled to support and is deprived of support, the man controls her income or solely controls community or conjugal funds or assets, or kicked her out of a house which is conjugal or community property, for whatever reason. The woman may not be deprived of the use or enjoyment of conjugal or community property such as the conjugal dwelling, even if the husband  alleges that she committed marital infidelity.   In my opinion, if there is no deprivation of a right to support or an economic right and there is no element of economic control, there is no economic violence.

RA 9262 applies even if there was only one sexual contact. It also applies to persons who have or had (past) a dating relationship or those with common children (who are not married), those who are or were married, or living-in. They must have  had a present or past intimate or dating  relationship.

RA 9262 provides the woman with the relief of a protection order in an independent civil action, or together with an action for damages. This is probably what Katrina has filed against Kho. An application for protection order can be filed together with an action for damages, to ask the court to issue a stay away order and deliver to the court any videotape with Katrina in it, to prevent futher public humiliation. 

For details about RA 9262, get a copy of my article, “Issues and Problems in the Enforcement of the Anti-Violence Against Women and Their Children Act of 2004,” in the Philippine Journal (Dec 2008 issue) or Journal of the Integrated Bar of the Philippines (March 2009).  Check the web, the Phil Law Journal has  a website. You may also check here from time to time. My webmaster will soon post my article in “Books.”

ON THE SENATE BILL NO. 2396 AND HOUSE BILL NO. 4273 ENTITLED, “AN ACT PROVIDING FOR THE MAGNA CARTA OF WOMEN” 

I am submitting this opinion to the Honorable Senate President, Senators and Members of the House of Representative regarding SB 2396 and HB No. 4273, both entitled, “ An Act Providing For the Magna Carta Of Women,” in my individual capacity. My opinion and recommendations are not those of the organizations where I am a member. 

It is my view that a Magna Carta of Women should reflect not only the Philippines’ State obligations under international conventions and customary international law, specifically, on the rights of women, but also specific provisions that implement, protect and enable the fulfillment or the enjoyment of civil, social, political and economic human rights of women either by amending or repealing existing legislations that discriminate against women or which are obstacles to the full enjoyment of their human rights, or providing for women’s rights to political participation, economic empowerment as well as other rights.  One of these provisions should be on sectoral participation of women in the Sangguniang Panlalawigan, Sangguniang Panglunsod, Sangguniang Bayan, and Sangguaniang Barangay, pursuant to the Local Government Code (RA 7610).  One of my recommendations is the inclusion of several international conventions on the rights of women by their specific title, and a statement which provides that the Senate Bill and House Bill reflect the rights of women enshrined in these international conventions and are therefore part of domestic law.  By having a Magna Carta of Women that specifies the international conventions protecting the rights of women in the State Policy or in its Preamble, the State obligations of the Republic of the Philippines under these international conventions to which it is a State party can be read into the domestic law. Courts and other organs of the State such as the Police and other law enforcer agencies, the Prosecution Service, national agencies, local government units,  government officials both national and local, are duty-bound to comply with the State obligations, otherwise they commit wrongful conduct which is attributable to the Republic of the Philippines, as organs of the State.           Aside from international conventions to which the Philippines is a State party, the

It is with these thoughts in mind that I am submitting my recommendation to revise the State Policy in Section 2 of SB No.  2396 and HB No. 4273, as well as some recommendations.            

                                                                   Recommendations of Prof. R.V. Guanzon 

Note: Recommendations are in red ink or italics, if the recommendation is to delete words or phrases, they are enclosed by the symbol [   ] 

RECOMMENDATION :  SECTION 2. Declaration of Policy- Recognizing that the Constitution guarantees the full respect for human rights of women, the role of women in nation-building, and the fundamental equality of women and men; 

Recognizing that the Philippines is a party to international conventions involving the rights of women and must comply with its State obligations under these conventions and the United Nations Charter which provides that no one must be discriminated against on ground of sex; Recognizing that the State must comply also with customary international law including the Universal Declaration on Human Rights, and that under the Constitution, generally accepted principles of international form part of the law of the land and is therefore part of domestic law and enforceable by our courts and other organs of the State; 

Realizing the State is a party to international conventions that protect and promote the full enjoyment of women’s civil, social, cultural, political and economic human rights, including, the United Nations Charter, Convention on the Elimination of All Forms of Discrimination Against Women and its Optional Protocol, International Covenant on Economic, Social, and Cultural Rights, the International Covenant on Civil and Political Rights, Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Convention on the Political Rights of Women, the Convention on Consent to  Marriage, Minimum Age for Marriage and Registration of Marriages, Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others and its Optional Protocol, and the Convention on the Rights of Persons with Disabilities;  Recognizing that the provisions of any domestic law can not prevail over those of international conventions, nor can a State through its laws limit the scope of her international obligations;  

The State, through this Magna Carta of Women of 2008, adopts the provisions of the above-mentioned international conventions and all others to which it is a State party as part of its domestic law, enforceable by its courts and all agencies of government and local governments; 

(SB No. 4273) Sec. 2. The State affirms the role of women in nation building and shall ensure the substantive  or fundamental equality of women and men. It shall promote the empowerment of women.  [and pursue equal opportunities for  women and men as well as ensure their equal access to resources and to development … and outcome.]FURTHER, THE STATE REALIZES THAT EQUALITY  OF WOMEN AND MEN ENTAILS THE ABOLITION OF THE UNEQUAL STRUCTURES AND PRACTICES THAT PERPETUATE DISCRIINATION AND INEQUALITY. TO REALIZE THIS, THE STATE SHALL ENDEAVOR TO DEVELP PLANS, POLICIES, PROGRAMS, MEASURES AND MECHANISMS TO ADDRESS DISCRININATION AND INEQULAITY IN THE ECONOMIC, POLITICAL, SOCIAL AND CULTURAL LIFE OF WOMEN AND MEN                                                                                             

(sn No. 2396) The State condemns discrimination against women in all its forms and pursues by all appropriate means and without delay the policy of eliminating discrimination against women in keeping with the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and other international conventions to which it is a State party. [instruments CONSISTENT WITH PHILIPPINE LAW. The State shall accord women the rights, protection, and opportunities available to every member of society.] 

The State affirms women’s rights as human rights…. Especially MARGINALIZED WOMEN AND WOMEN WITH DISABILITIES, IN THE economic…. (SAME TEXT AS SB NO. 2396 , BUT “WOMEN WITH DISABILITIES WAS ADDED BECAUSE THER IS A CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES WHICH WAS RATIFED BY THE SENATE IN MAY 208. THE SENATE HAS NOT YET RATIFIED THE OPTIONAL PROTOCOL TO THE CRPD); The State shall provide the necessary mechanisms to enforce women’s rights AND adopt and undertake ALL LEGAL MEASURES NECESSARY TO FOSTER AND PROMOTE the equal OPPORTNITY FOR WOMEN TO PARTICPATE IN AND CONTRIBUTE TO THE DEVELOPMENT OF the political, economic, social, AND cultural REALMS .  (SAME TEXT As SB No. 2396 BUT DELETE ALL OTHER WORDS AFTER BECAUSE THIS IS A STATE POLICY AND THE PROVISION ON RELIGIOUS BELIEFS MAY BE RESTATED UNDER PENALTIES FOR NON ENFORCEMENT BY GOVERNMENT OFFICERS AND EMPLOYEES, AND VIOLATIONS BY ANY PERSON) 

(HB) The State, IN ENSURING THE FULL INTEGRATION OF WOMEN’S CONCERNS IN THE MAINSTREAM OF DEVELOLOPMENT, shall provide ample opportunities and enable women to enhance their skills, acquire productive employment and contribute to the their communities to the fullest of their capabilities; 

(HB) In pursuance of this policy, the State recongnizes the right of women in all sectors to political participation, and their right to participate in policy formulation, planning, organization, implementation, management, monitoring, and evaluation of all programs and projects.  IT SHALL SUPPORT POLICIES, RESEARCHES, TECHNOLOGY AND TRAINING PROGRAMS AND OTHER SUPPORT SERVICES SUCH AS FINANCING, PRODUCTION AND MARKETING TO ENCOURAGE ACTIVE PARTICIPATION OF WOMEN IN NATIONAL DEVELOPMENT. 

[1] Professorial Lecturer, University of the Philippines College of Law; Steering Committee Member, Asia Cause Lawyers Network; Founding Member, Gender Justice Network and CEDAW Watch; Former  City Mayor of Cadiz and former consultant on women’s rights to the Senate President (2004); Practicing Lawyer; Prof. Guanzon  has an LLB from U.P., and has a Master in Public Administration from Harvard University. She participated in the UN Expert Group Meeting on Good Practices in Violence Against Women Legislations in UN Vienna in May 2008, upon the invitation of the UN Division for the Advancement of Women;  She also delivered a talk as an expert on VAW legislation  in the conference of the International Parliamentary Union in

[2] Written by Christopher Ocampo, 3^rd  Year student in the

Rowena V. Guanzon

in cooperation with Delta Lambda Sigma Sorority, Portia Sorority, Women in Law,

Paralegal Volunteers Organization and Law Student Government

have the honor to invite you to a faculty lecture by

Prof. Rowena V. Guanzon

on

ISSUES AND PROBLEMS IN THE ENFORCEMENT OF THE ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004

8 December 20088 at 1Pm to 3 Pm, Malcolm Theatre, UP College of Law

———————

Supported by: Sigma Rho Fraternity and Upsilon Sigma Phi Fraternity

Good Practices in Legislations on VAW

(UN Vienna, May 2008)

Dear experts,

We are very pleased to enclose the final report of the expert group meeting on good practices in legislation. The report will be available for download from our website at: http://www.un.org/womenwatch/daw/egm/vaw_legislation_2008/Report%20EGMGPLVAW%20(final%2011.11.08).pdf