Hi to everyone !

I just put together a group on yahoo entitled Diego Silang which deals with the rights of fathers in the philippines.

A law was passed this year, ra9262 and is now in effect and it will and should strike terror in the hearts of the men on this forum. It is widely regarded by the unbiased and learned person to be prejudicial and in a nutshell, deprives men of their rights and effectively divides the family.

If you would like to learn more and / or to join the fight for fathers rights please email me at atenean@gmail.com so i can send you an invite for the group or you can sign up direct :

http://groups.yahoo.com/group/diegosilang/

But please feel free to post replies here too.

By the way, even women have seen the injustice in herent in the law and have seen how it will destroy the family if allowed to go on in its present form.

Please note, we AFFIRM the problem of DOMESTIC VIOLENCE BUT what we do not support is the bias that ONLY women and children can be victims.

Just wanted to add that this law penalizes even dating couples and YOUR EX wife or GIRLFRIEND can put the squeeze on you for mental / emotional distress.

If you read the full text, it can be alarming and the problem is that women groups are rallying behind it now in support of the much publicized Martel case so Assumption alumni and other groups are wielding it as a weapon against men.

For your own protection guys and for the women also, please read this because all males will suffer as a result of this law if we do not protest against the unjust provisions.

We will have some lawyers on the group soon and we hope that it can become a venue for:
1. disseminating info
2. exchange views and ideas
3. clarification of issues
4. platform for launching a movement to repeal the unjust provisions

Litespeed,

Be so kind as to give us highlights of the law, folks here don't have that much time on their hands to go through an entire Republic Act.

As an opening salvo though, I seriously doubt that the typical wishy-washy, easily-brainwashed, so-patay-na-patay-over-"cute guys" na Pinay makikinabang in any way with these kinds of affirmative action-type laws. Masyadong malambot ang ilong ng Pinay in general, harap-harapan ng niloloko ng lalaki ayaw pa ding bumitaw. Minsan nga ginugulpi na gustong-gusto pa din si lalaki.

As per my own lawyers comment, this is the section that is very open to abuse:


**With regards to who this act applies to**

From Section 3

(a) "Violence against women and their children" refers to any act or a
series of acts committed by any person against a woman who is his
wife, former wife, or against a woman with whom the person has or had
a sexual or dating relationship, or with whom he has a common child,
or against her child whether legitimate or illegitimate, within or
without the family abode, which result in or is likely to result in
physical, sexual, psychological harm or suffering, or economic abuse
including threats of such acts, battery, assault, coercion, harassment
or arbitrary deprivation of liberty. It includes, but is not limited
to, the following acts:





Under Sec 3 :

(h) Engaging in purposeful, knowing, or reckless conduct, personally
or through another, that alarms or causes substantial emotional or
psychological distress to the woman or her child. This shall include,
but not be limited to, the following acts:

(1) Stalking or following the woman or her child in public or private
places;

(2) Peering in the window or lingering outside the residence of the
woman or her child;

(3) Entering or remaining in the dwelling or on the property of the
woman or her child against her/his will;

(4) Destroying the property and personal belongings or inflicting harm
to animals or pets of the woman or her child; and

(5) Engaging in any form of harassment or violence;

(i) Causing mental or emotional anguish, public ridicule or
humiliation to the woman or her child, including, but not limited to,
repeated verbal and emotional abuse, and denial of financial support
or custody of minor children of access to the woman's child/children.


I wish that I could agree with you joe that most women will not use this but it has and is being used and sometimes abused now with an alarming increase. In fact the father of one of one alumni, Col Cabangon Chua has been sued unsuccesffully under this law.

The current Martel case is significant because womens groups are rallying behind it now DESPITE the fact that the original offense happened BEFORE the effectivity of the law.

This is all for now and I hope to receive further inputs from the group

It seems to me that these provisions, while they may be open to abuse, still will not warrant the alarm you seem to be in at present. While I am not making light of your present circumstances, allow me to take a non-lawyer's approach:

All of the provisions you cited, to me, seem alright enough. Certainly if we were to place the shoe on the other foot this law could become the greatest thing to happen to society now, i.e. what if it was your sister's ex who was doing this to her, or what if its your stepdad doing this to your mom and your family? So you see, there are two sides to every issue, your own and your own but through another's eyes.

What I do think though is that this law is redundant. I am not absolutely certain but I know there are already provisions in the Revised Penal Code and the Civil Code that deal with the circumstances stated above. It seems to me that our honorable lawmakers have once again caved in to special interests without first consulting the IBP pr even the PNP or other law enforcement bodies.

Actually the vagueness of the rules are primarily reponsible for this. AND the problem is that MEN CANNOT seek any remedies under this law.

I have 2 sisters, 2 sons and 2 daughters and to my mind, IF it could be applicable to either GENDER it would be fine for the most part.

But then again if you read the section on protection orders on the yahoo group, you will see that it can deprive you of house and other possessions based solely on the perceived guilt.

Moreover, important aspects of the Family Code has effectively been dumped by this act, specifically that where one member of the family cannot file a case against the other UNTIL ALL REMEDIES have been tried..

My point it that ALL should be protected under this act, FATHER, MOTHER, CHILDREN and MOST OF ALL FAMILY

I've a question, how does the Domestic Violence Law sit with the provisions of the Family Code of 1988, specifically with reference to the Family Code provisions on construing the law in favor of preserving marriage (or families for that matter)? Alam ko kahit sa jurisprudence natin the Supreme Court has always tried to rule in favor of preserving marriages.

How does the new law affect the provisions on the family found in the 1987 Constitution?

How does the new law affect the provisions in the Family Code that seek all manner of arbitration in the hope of a "kiss and make up" solution for family problems instead of going to court?

The only thing I see wrong with the law - based on what has been posted here, which is admittedly very little - is that it does not allow men the same protection from their significant others. It's probably rare in this society of ours, but women are just as capable of stalking as men. *coughfangurlscough*

See, I can be moderate if need be.

But other than that, I don't see what's wrong with it. Why shouldn't men be made accountable for their misconduct against the women who have loved them, married them or borne them children? Why shouldn't women be empowered to seek recompense when someone - especially someone they loved and trusted - does them wrong?

Re: abuse of this law, I have yet to see any evidence. The case litespeed cited was unsuccessful - I'm assuming the defendant was not found guilty. So, if he really was innocent and was found to be so, there's no problem. What would have been abuse is if the plaintiff was able to twist the law around to her advantage and have the innocent defendant found guilty, which did not seem to have happened.

a divorce law will blow all fathers/mothers' rights laws out of the water. yeah, why not a nice divorce law?

let's wait for a test case to see if this law actually proves to be disadvantageous to men. if col. cabangon-chua was later acquitted, then there might indeed be fundamental overlaps with existing laws on the matter.

maybe what this needs is a supreme court review. who knows it just might be ruled unconstitutional.

I want to hear what the legal luminaries have to say about these questions of mine first. It seems there are inconsistencies with this new "butch" law and other laws, so it'll most likely be sooner rather than later that the Supreme Court will need to take this up.

First of all I am sorry I ommitted the most important part of section 3, here it is:

C. "Psychological violence" refers to acts or omissions causing or
likely to cause mental or emotional suffering of the victim such as
but not limited to intimidation, harassment, stalking, damage to
property, public ridicule or humiliation, repeated verbal abuse and
mental infidelity. It includes causing or allowing the victim to
witness the physical, sexual or psychological abuse of a member of the
family to which the victim belongs, or to witness pornography in any
form or to witness abusive injury to pets or to unlawful or unwanted
deprivation of the right to custody and/or visitation of common children.


Take note of the wideness of the scope, mental or emotional suffering , then MENTAL INFIDELITY

With regards to your question, SEC 49 of this act is the repealing clause and according to my lawyer, the family code provisions are repealed by this act.

Your questions are in fact the very questions being asked by lawyers now. They are questioning the constitutionality of this law. It is being questioned particulalry on its conflict with the Bill of rights specifically sec. 3 and 14.

Another web site, prolife.org.ph has a forum where another crusader for mens rights, has said that ra9262 has done away with the kiss and make up scenario and has created a fire and forget missile as fas as suing men are concerned. This is because the case would be people of the philippines vs you.

The law definitely should be questioned before the supreme court because of its many flaws and biases.

One other thing, as mentioned in the Yahoo! Group about GABRIELA, I wouldn't worry too much about these mutants. Nobody takes them seriously as THE representative of Women's Rights in this country, because they're nothing more than another front for one of the most abusive bunch of bungling, incompetent dimwits ever invented, the Philippine Left. Considering the rabble / lynch mob mentality of GABRIELA why am I not surprised it was a military man on the receiving end of the test case on this law?

litespeed,
You gotta give it to our lawmakers. I mean, they're not exactly the most intellectually-gifted rabble ever elected into the erm... 'august' halls of Congress. Forget their penache for actually endorsing bills they have not even read yet. Remember the Davide impeachment case? I think joescoundrel has a point about the redundancy of the law, but let's leave that to our legal luminaries in the forum. Also, to second what carrot said, bakit, lalaki lang ba ang marunong mang-abuso?

Whoever penned the law also has a knack for being very specifically vague. Mental infidelity? Chalk up one more for the brainless.

5FootCarrot - the entire content is available on the diego silang groiup which even non members can peruse.

With regards to cases there are NUMEROUS cases ongoing and the main reason why the Chua case did not prosper was because of the date. The events that transpired occurred BEFORE the effectivilty of the law since it was not retroactive.

Let me say though that I am trying to spearhead this fight because this act is being used against me. My kids are being kept from me for nearly a year and I cannot seek remedies under this act which ironically protects women from the very thing my EX is doing to me.

The move to declare this law unconstitutional is being spearheaded by the Singson Law Office (counsels for Mr. Roby Martel).

I haven't had time to look at the entire law, so I'll reserve my comments for later.

However, based on the provisions cited in this thread, the law does seem to be quite sweeping and vague.

Mental infidelity? Witnessing pornography? public ridicule? Lawyers will have a field day questioning this law.

Thanks for the info ghost, I could use some input from that law office too.

With regards to the lawyers having a field day, it seems that this field day is at the expense of MEN.

Wait till you read the provision on protection orders.

With the indulgence of the group, I will try and post the entire text of the act in a while so you can read it right here.

Here is the full text of RA9262

Republic of the Philippines
Congress of the Philippines
Metro Manila

Twelfth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-second day of
July, two thousand three.

Republic Act No. 9262 March 08, 2004

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING
FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE,
AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:

SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence
Against Women and Their Children Act of 2004".

SECTION 2. Declaration of Policy.- It is hereby declared that the
State values the dignity of women and children and guarantees full
respect for human rights. The State also recognizes the need to
protect the family and its members particularly women and children,
from violence and threats to their personal safety and security.

Towards this end, the State shall exert efforts to address violence
committed against women and children in keeping with the fundamental
freedoms guaranteed under the Constitution and the Provisions of the
Universal Declaration of Human Rights, the convention on the
Elimination of all forms of discrimination Against Women, Convention
on the Rights of the Child and other international human rights
instruments of which the Philippines is a party.

SECTION 3. Definition of Terms.- As used in this Act,

(a) "Violence against women and their children" refers to any act or a
series of acts committed by any person against a woman who is his
wife, former wife, or against a woman with whom the person has or had
a sexual or dating relationship, or with whom he has a common child,
or against her child whether legitimate or illegitimate, within or
without the family abode, which result in or is likely to result in
physical, sexual, psychological harm or suffering, or economic abuse
including threats of such acts, battery, assault, coercion, harassment
or arbitrary deprivation of liberty. It includes, but is not limited
to, the following acts:

A. "Physical Violence" refers to acts that include bodily or physical
harm;

B. "Sexual violence" refers to an act which is sexual in nature,
committed against a woman or her child. It includes, but is not
limited to:

a) rape, sexual harassment, acts of lasciviousness, treating a woman
or her child as a sex object, making demeaning and sexually suggestive
remarks, physically attacking the sexual parts of the victim's body,
forcing her/him to watch obscene publications and indecent shows or
forcing the woman or her child to do indecent acts and/or make films
thereof, forcing the wife and mistress/lover to live in the conjugal
home or sleep together in the same room with the abuser;

B) acts causing or attempting to cause the victim to engage in any
sexual activity by force, threat of force, physical or other harm or
threat of physical or other harm or coercion;

c) Prostituting the woman or child.

C. "Psychological violence" refers to acts or omissions causing or
likely to cause mental or emotional suffering of the victim such as
but not limited to intimidation, harassment, stalking, damage to
property, public ridicule or humiliation, repeated verbal abuse and
mental infidelity. It includes causing or allowing the victim to
witness the physical, sexual or psychological abuse of a member of the
family to which the victim belongs, or to witness pornography in any
form or to witness abusive injury to pets or to unlawful or unwanted
deprivation of the right to custody and/or visitation of common children.

D. "Economic abuse" refers to acts that make or attempt to make a
woman financially dependent which includes, but is not limited to the
following:

1. withdrawal of financial support or preventing the victim from
engaging in any legitimate profession, occupation, business or
activity, except in cases wherein the other spouse/partner objects on
valid, serious and moral grounds as defined in Article 73 of the
Family Code;

2. deprivation or threat of deprivation of financial resources and the
right to the use and enjoyment of the conjugal, community or property
owned in common;

3. destroying household property;

4. controlling the victims' own money or properties or solely
controlling the conjugal money or properties.

(B) "Battery" refers to an act of inflicting physical harm upon the
woman or her child resulting to the physical and psychological or
emotional distress.

© "Battered Woman Syndrome" refers to a scientifically defined
pattern of psychological and behavioral symptoms found in women living
in battering relationships as a result of cumulative abuse.

(d) "Stalking" refers to an intentional act committed by a person who,
knowingly and without lawful justification follows the woman or her
child or places the woman or her child under surveillance directly or
indirectly or a combination thereof.

(e) "Dating relationship" refers to a situation wherein the parties
live as husband and wife without the benefit of marriage or are
romantically involved over time and on a continuing basis during the
course of the relationship. A casual acquaintance or ordinary
socialization between two individuals in a business or social context
is not a dating relationship.

(f) "Sexual relations" refers to a single sexual act which may or may
not result in the bearing of a common child.

(g) "Safe place or shelter" refers to any home or institution
maintained or managed by the Department of Social Welfare and
Development (DSWD) or by any other agency or voluntary organization
accredited by the DSWD for the purposes of this Act or any other
suitable place the resident of which is willing temporarily to receive
the victim.

(h) "Children" refers to those below eighteen (18) years of age or
older but are incapable of taking care of themselves as defined under
Republic Act No. 7610. As used in this Act, it includes the biological
children of the victim and other children under her care.

SECTION 4. Construction.- This Act shall be liberally construed to
promote the protection and safety of victims of violence against women
and their children.

SECTION 5. Acts of Violence Against Women and Their Children.- The
crime of violence against women and their children is committed
through any of the following acts:

(a) Causing physical harm to the woman or her child;

(B) Threatening to cause the woman or her child physical harm;

© Attempting to cause the woman or her child physical harm;

(d) Placing the woman or her child in fear of imminent physical harm;

(e) Attempting to compel or compelling the woman or her child to
engage in conduct which the woman or her child has the right to desist
from or desist from conduct which the woman or her child has the right
to engage in, or attempting to restrict or restricting the woman's or
her child's freedom of movement or conduct by force or threat of
force, physical or other harm or threat of physical or other harm, or
intimidation directed against the woman or child. This shall include,
but not limited to, the following acts committed with the purpose or
effect of controlling or restricting the woman's or her child's
movement or conduct:

(1) Threatening to deprive or actually depriving the woman or her
child of custody to her/his family;

(2) Depriving or threatening to deprive the woman or her children of
financial support legally due her or her family, or deliberately
providing the woman's children insufficient financial support;

(3) Depriving or threatening to deprive the woman or her child of a
legal right;

(4) Preventing the woman in engaging in any legitimate profession,
occupation, business or activity or controlling the victim's own
mon4ey or properties, or solely controlling the conjugal or common
money, or properties;

(f) Inflicting or threatening to inflict physical harm on oneself for
the purpose of controlling her actions or decisions;

(g) Causing or attempting to cause the woman or her child to engage in
any sexual activity which does not constitute rape, by force or threat
of force, physical harm, or through intimidation directed against the
woman or her child or her/his immediate family;

(h) Engaging in purposeful, knowing, or reckless conduct, personally
or through another, that alarms or causes substantial emotional or
psychological distress to the woman or her child. This shall include,
but not be limited to, the following acts:

(1) Stalking or following the woman or her child in public or private
places;

(2) Peering in the window or lingering outside the residence of the
woman or her child;

(3) Entering or remaining in the dwelling or on the property of the
woman or her child against her/his will;

(4) Destroying the property and personal belongings or inflicting harm
to animals or pets of the woman or her child; and

(5) Engaging in any form of harassment or violence;

(i) Causing mental or emotional anguish, public ridicule or
humiliation to the woman or her child, including, but not limited to,
repeated verbal and emotional abuse, and denial of financial support
or custody of minor children of access to the woman's child/children.

SECTION 6. Penalties.- The crime of violence against women and their
children, under Section 5 hereof shall be punished according to the
following rules:

(a) Acts falling under Section 5(a) constituting attempted, frustrated
or consummated parricide or murder or homicide shall be punished in
accordance with the provisions of the Revised Penal Code.

If these acts resulted in mutilation, it shall be punishable in
accordance with the Revised Penal Code; those constituting serious
physical injuries shall have the penalty of prison mayor; those
constituting less serious physical injuries shall be punished by
prision correccional; and those constituting slight physical injuries
shall be punished by arresto mayor.

Acts falling under Section 5(B) shall be punished by imprisonment of
two degrees lower than the prescribed penalty for the consummated
crime as specified in the preceding paragraph but shall in no case be
lower than arresto mayor.

(B) Acts falling under Section 5© and 5(d) shall be punished by
arresto mayor;

© Acts falling under Section 5(e) shall be punished by prision
correccional;

(d) Acts falling under Section 5(f) shall be punished by arresto mayor;

(e) Acts falling under Section 5(g) shall be punished by prision mayor;

(f) Acts falling under Section 5(h) and Section 5(i) shall be punished
by prision mayor.

If the acts are committed while the woman or child is pregnant or
committed in the presence of her child, the penalty to be applied
shall be the maximum period of penalty prescribed in the section.

In addition to imprisonment, the perpetrator shall (a) pay a fine in
the amount of not less than One hundred thousand pesos (P100,000.00)
but not more than three hundred thousand pesos (300,000.00); (B)
undergo mandatory psychological counseling or psychiatric treatment
and shall report compliance to the court.

SECTION 7. Venue.- The Regional Trial Court designated as a Family
Court shall have original and exclusive jurisdiction over cases of
violence against women and their children under this law. In the
absence of such court in the place where the offense was committed,
the case shall be filed in the Regional Trial Court where the crime or
any of its elements was committed at the option of the compliant.

SECTION 8. Protection Orders.- A protection order is an order issued
under this act for the purpose of preventing further acts of violence
against a woman or her child specified in Section 5 of this Act and
granting other necessary relief. The relief granted under a protection
order serve the purpose of safeguarding the victim from further harm,
minimizing any disruption in the victim's daily life, and facilitating
the opportunity and ability of the victim to independently regain
control over her life. The provisions of the protection order shall be
enforced by law enforcement agencies. The protection orders that may
be issued under this Act are the barangay protection order (BPO),
temporary protection order (TPO) and permanent protection order (PPO).
The protection orders that may be issued under this Act shall include
any, some or all of the following reliefs:

(a) Prohibition of the respondent from threatening to commit or
committing, personally or through another, any of the acts mentioned
in Section 5 of this Act;

(B) Prohibition of the respondent from harassing, annoying,
telephoning, contacting or otherwise communicating with the
petitioner, directly or indirectly;

© Removal and exclusion of the respondent from the residence of the
petitioner, regardless of ownership of the residence, either
temporarily for the purpose of protecting the petitioner, or
permanently where no property rights are violated, and if respondent
must remove personal effects from the residence, the court shall
direct a law enforcement agent to accompany the respondent has
gathered his things and escort respondent from the residence;

(d) Directing the respondent to stay away from petitioner and
designated family or household member at a distance specified by the
court, and to stay away from the residence, school, place of
employment, or any specified place frequented by the petitioner and
any designated family or household member;

(e) Directing lawful possession and use by petitioner of an automobile
and other essential personal effects, regardless of ownership, and
directing the appropriate law enforcement officer to accompany the
petitioner to the residence of the parties to ensure that the
petitioner is safely restored to the possession of the automobile and
other essential personal effects, or to supervise the petitioner's or
respondent's removal of personal belongings;

(f) Granting a temporary or permanent custody of a child/children to
the petitioner;

(g) Directing the respondent to provide support to the woman and/or
her child if entitled to legal support. Notwithstanding other laws to
the contrary, the court shall order an appropriate percentage of the
income or salary of the respondent to be withheld regularly by the
respondent's employer for the same to be automatically remitted
directly to the woman. Failure to remit and/or withhold or any delay
in the remittance of support to the woman and/or her child without
justifiable cause shall render the respondent or his employer liable
for indirect contempt of court;

(h) Prohibition of the respondent from any use or possession of any
firearm or deadly weapon and order him to surrender the same to the
court for appropriate disposition by the court, including revocation
of license and disqualification to apply for any license to use or
possess a firearm. If the offender is a law enforcement agent, the
court shall order the offender to surrender his firearm and shall
direct the appropriate authority to investigate on the offender and
take appropriate action on matter;

(i) Restitution for actual damages caused by the violence inflicted,
including, but not limited to, property damage, medical expenses,
childcare expenses and loss of income;

(j) Directing the DSWD or any appropriate agency to provide petitioner
may need; and

(k) Provision of such other forms of relief as the court deems
necessary to protect and provide for the safety of the petitioner and
any designated family or household member, provided petitioner and any
designated family or household member consents to such relief.

Any of the reliefs provided under this section shall be granted even
in the absence of a decree of legal separation or annulment or
declaration of absolute nullity of marriage.

The issuance of a BPO or the pendency of an application for BPO shall
not preclude a petitioner from applying for, or the court from
granting a TPO or PPO.

SECTION 9. Who may file Petition for Protection Orders. – A petition
for protection order may be filed by any of the following:

(a) the offended party;

(B) parents or guardians of the offended party;

© ascendants, descendants or collateral relatives within the fourth
civil degree of consanguinity or affinity;

(d) officers or social workers of the DSWD or social workers of local
government units (LGUs);

(e) police officers, preferably those in charge of women and
children's desks;

(f) Punong Barangay or Barangay Kagawad;

(g) lawyer, counselor, therapist or healthcare provider of the petitioner;

(h) At least two (2) concerned responsible citizens of the city or
municipality where the violence against women and their children
occurred and who has personal knowledge of the offense committed.

SECTION 10. Where to Apply for a Protection Order. – Applications for
BPOs shall follow the rules on venue under Section 409 of the Local
Government Code of 1991 and its implementing rules and regulations. An
application for a TPO or PPO may be filed in the regional trial court,
metropolitan trial court, municipal trial court, municipal circuit
trial court with territorial jurisdiction over the place of residence
of the petitioner: Provided, however, That if a family court exists in
the place of residence of the petitioner, the application shall be
filed with that court.

SECTION 11. How to Apply for a Protection Order. – The application for
a protection order must be in writing, signed and verified under oath
by the applicant. It may be filed as an independent action or as
incidental relief in any civil or criminal case the subject matter or
issues thereof partakes of a violence as described in this Act. A
standard protection order application form, written in English with
translation to the major local languages, shall be made available to
facilitate applications for protections order, and shall contain,
among other, the following information:

(a) names and addresses of petitioner and respondent;

(B) description of relationships between petitioner and respondent;

© a statement of the circumstances of the abuse;

(d) description of the reliefs requested by petitioner as specified in
Section 8 herein;

(e) request for counsel and reasons for such;

(f) request for waiver of application fees until hearing; and

(g) an attestation that there is no pending application for a
protection order in another court.

If the applicants is not the victim, the application must be
accompanied by an affidavit of the applicant attesting to (a) the
circumstances of the abuse suffered by the victim and (B) the
circumstances of consent given by the victim for the filling of the
application. When disclosure of the address of the victim will pose
danger to her life, it shall be so stated in the application. In such
a case, the applicant shall attest that the victim is residing in the
municipality or city over which court has territorial jurisdiction,
and shall provide a mailing address for purpose of service processing.

An application for protection order filed with a court shall be
considered an application for both a TPO and PPO.

Barangay officials and court personnel shall assist applicants in the
preparation of the application. Law enforcement agents shall also
extend assistance in the application for protection orders in cases
brought to their attention.

SECTION 12. Enforceability of Protection Orders. – All TPOs and PPOs
issued under this Act shall be enforceable anywhere in the Philippines
and a violation thereof shall be punishable with a fine ranging from
Five Thousand Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00)
and/or imprisonment of six (6) months.

SECTION 13. Legal Representation of Petitioners for Protection Order.
– If the woman or her child requests in the applications for a
protection order for the appointment of counsel because of lack of
economic means to hire a counsel de parte, the court shall immediately
direct the Public Attorney's Office (PAO) to represent the petitioner
in the hearing on the application. If the PAO determines that the
applicant can afford to hire the services of a counsel de parte, it
shall facilitate the legal representation of the petitioner by a
counsel de parte. The lack of access to family or conjugal resources
by the applicant, such as when the same are controlled by the
perpetrator, shall qualify the petitioner to legal representation by
the PAO.

However, a private counsel offering free legal service is not barred
from representing the petitioner.

SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How.
- Barangay Protection Orders (BPOs) refer to the protection order
issued by the Punong Barangay ordering the perpetrator to desist from
committing acts under Section 5 (a) and (B) of this Act. A Punong
Barangay who receives applications for a BPO shall issue the
protection order to the applicant on the date of filing after ex parte
determination of the basis of the application. If the Punong Barangay
is unavailable to act on the application for a BPO, the application
shall be acted upon by any available Barangay Kagawad. If the BPO is
issued by a Barangay Kagawad the order must be accompanied by an
attestation by the Barangay Kagawad that the Punong Barangay was
unavailable at the time for the issuance of the BPO. BPOs shall be
effective for fifteen (15) days. Immediately after the issuance of an
ex parte BPO, the Punong Barangay or Barangay Kagawad shall personally
serve a copy of the same on the respondent, or direct any barangay
official to effect is personal service.

The parties may be accompanied by a non-lawyer advocate in any
proceeding before the Punong Barangay.

SECTION 15. Temporary Protection Orders. – Temporary Protection Orders
(TPOs) refers to the protection order issued by the court on the date
of filing of the application after ex parte determination that such
order should be issued. A court may grant in a TPO any, some or all of
the reliefs mentioned in this Act and shall be effective for thirty
(30) days. The court shall schedule a hearing on the issuance of a PPO
prior to or on the date of the expiration of the TPO. The court shall
order the immediate personal service of the TPO on the respondent by
the court sheriff who may obtain the assistance of law enforcement
agents for the service. The TPO shall include notice of the date of
the hearing on the merits of the issuance of a PPO.

SECTION 16. Permanent Protection Orders. – Permanent Protection Order
(PPO) refers to protection order issued by the court after notice and
hearing.

Respondents non-appearance despite proper notice, or his lack of a
lawyer, or the non-availability of his lawyer shall not be a ground
for rescheduling or postponing the hearing on the merits of the
issuance of a PPO. If the respondents appears without counsel on the
date of the hearing on the PPO, the court shall appoint a lawyer for
the respondent and immediately proceed with the hearing. In case the
respondent fails to appear despite proper notice, the court shall
allow ex parte presentation of the evidence by the applicant and
render judgment on the basis of the evidence presented. The court
shall allow the introduction of any history of abusive conduct of a
respondent even if the same was not directed against the applicant or
the person for whom the applicant is made.

The court shall, to the extent possible, conduct the hearing on the
merits of the issuance of a PPO in one (1) day. Where the court is
unable to conduct the hearing within one (1) day and the TPO issued is
due to expire, the court shall continuously extend or renew the TPO
for a period of thirty (30) days at each particular time until final
judgment is issued. The extended or renewed TPO may be modified by the
court as may be necessary or applicable to address the needs of the
applicant.

The court may grant any, some or all of the reliefs specified in
Section 8 hereof in a PPO. A PPO shall be effective until revoked by a
court upon application of the person in whose favor the order was
issued. The court shall ensure immediate personal service of the PPO
on respondent.

The court shall not deny the issuance of protection order on the basis
of the lapse of time between the act of violence and the filing of the
application.

Regardless of the conviction or acquittal of the respondent, the Court
must determine whether or not the PPO shall become final. Even in a
dismissal, a PPO shall be granted as long as there is no clear showing
that the act from which the order might arise did not exist.

SECTION 17. Notice of Sanction in Protection Orders. – The following
statement must be printed in bold-faced type or in capital letters on
the protection order issued by the Punong Barangay or court:

"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."

SECTION 18. Mandatory Period For Acting on Applications For Protection
Orders – Failure to act on an application for a protection order
within the reglementary period specified in the previous section
without justifiable cause shall render the official or judge
administratively liable.

SECTION 19. Legal Separation Cases. – In cases of legal separation,
where violence as specified in this Act is alleged, Article 58 of the
Family Code shall not apply. The court shall proceed on the main case
and other incidents of the case as soon as possible. The hearing on
any application for a protection order filed by the petitioner must be
conducted within the mandatory period specified in this Act.

SECTION 20. Priority of Application for a Protection Order. – Ex parte
and adversarial hearings to determine the basis of applications for a
protection order under this Act shall have priority over all other
proceedings. Barangay officials and the courts shall schedule and
conduct hearings on applications for a protection order under this Act
above all other business and, if necessary, suspend other proceedings
in order to hear applications for a protection order.

SECTION 21. Violation of Protection Orders. – A complaint for a
violation of a BPO issued under this Act must be filed directly with
any municipal trial court, metropolitan trial court, or municipal
circuit trial court that has territorial jurisdiction over the
barangay that issued the BPO. Violation of a BPO shall be punishable
by imprisonment of thirty (30) days without prejudice to any other
criminal or civil action that the offended party may file for any of
the acts committed.

A judgement of violation of a BPO ma be appealed according to the
Rules of Court. During trial and upon judgment, the trial court may
motu proprio issue a protection order as it deems necessary without
need of an application.

Violation of any provision of a TPO or PPO issued under this Act shall
constitute contempt of court punishable under Rule 71 of the Rules of
Court, without prejudice to any other criminal or civil action that
the offended party may file for any of the acts committed.

SECTION 22. Applicability of Protection Orders to Criminal Cases. –
The foregoing provisions on protection orders shall be applicable in
impliedly instituted with the criminal actions involving violence
against women and their children.

SECTION 23. Bond to Keep the Peace. – The Court may order any person
against whom a protection order is issued to give a bond to keep the
peace, to present two sufficient sureties who shall undertake that
such person will not commit the violence sought to be prevented.

Should the respondent fail to give the bond as required, he shall be
detained for a period which shall in no case exceed six (6) months, if
he shall have been prosecuted for acts punishable under Section 5(a)
to 5(f) and not exceeding thirty (30) days, if for acts punishable
under Section 5(g) to 5(I).

The protection orders referred to in this section are the TPOs and the
PPOs issued only by the courts.

SECTION 24. Prescriptive Period. – Acts falling under Sections 5(a) to
5(f) shall prescribe in twenty (20) years. Acts falling under Sections
5(g) to 5(I) shall prescribe in ten (10) years.

SECTION 25. Public Crime. – Violence against women and their children
shall be considered a public offense which may be prosecuted upon the
filing of a complaint by any citizen having personal knowledge of the
circumstances involving the commission of the crime.

SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors
who are found by the courts to be suffering from battered woman
syndrome do not incur any criminal and civil liability notwithstanding
the absence of any of the elements for justifying circumstances of
self-defense under the Revised Penal Code.

In the determination of the state of mind of the woman who was
suffering from battered woman syndrome at the time of the commission
of the crime, the courts shall be assisted by expert psychiatrists/
psychologists.

SECTION 27. Prohibited Defense. – Being under the influence of
alcohol, any illicit drug, or any other mind-altering substance shall
not be a defense under this Act.

SECTION 28. Custody of children. – The woman victim of violence shall
be entitled to the custody and support of her child/children. Children
below seven (7) years old older but with mental or physical
disabilities shall automatically be given to the mother, with right to
support, unless the court finds compelling reasons to order otherwise.

A victim who is suffering from battered woman syndrome shall not be
disqualified from having custody of her children. In no case shall
custody of minor children be given to the perpetrator of a woman who
is suffering from Battered woman syndrome.

SECTION 29. Duties of Prosecutors/Court Personnel. – Prosecutors and
court personnel should observe the following duties when dealing with
victims under this Act:

a) communicate with the victim in a language understood by the woman
or her child; and

B) inform the victim of her/his rights including legal remedies
available and procedure, and privileges for indigent litigants.

SECTION 30. Duties of Barangay Officials and Law Enforcers. – Barangay
officials and law enforcers shall have the following duties:

(a) respond immediately to a call for help or request for assistance
or protection of the victim by entering the necessary whether or not a
protection order has been issued and ensure the safety of the victim/s;

(B) confiscate any deadly weapon in the possession of the perpetrator
or within plain view;

© transport or escort the victim/s to a safe place of their choice
or to a clinic or hospital;

(d) assist the victim in removing personal belongs from the house;

(e) assist the barangay officials and other government officers and
employees who respond to a call for help;

(f) ensure the enforcement of the Protection Orders issued by the
Punong Barangy or the courts;

(g) arrest the suspected perpetrator wiithout a warrant when any of
the acts of violence defined by this Act is occurring, or when he/she
has personal knowledge that any act of abuse has just been committed,
and there is imminent danger to the life or limb of the victim as
defined in this Act; and

(h) immediately report the call for assessment or assistance of the
DSWD, social Welfare Department of LGUs or accredited non-government
organizations (NGOs).

Any barangay official or law enforcer who fails to report the incident
shall be liable for a fine not exceeding Ten Thousand Pesos
(P10,000.00) or whenever applicable criminal, civil or administrative
liability.

SECTION 31. Healthcare Provider Response to Abuse – Any healthcare
provider, including, but not limited to, an attending physician,
nurse, clinician, barangay health worker, therapist or counselor who
suspects abuse or has been informed by the victim of violence shall:

(a) properly document any of the victim's physical, emotional or
psychological injuries;

(B) properly record any of victim's suspicions, observations and
circumstances of the examination or visit;

© automatically provide the victim free of charge a medical
certificate concerning the examination or visit;

(d) safeguard the records and make them available to the victim upon
request at actual cost; and

(e) provide the victim immediate and adequate notice of rights and
remedies provided under this Act, and services available to them.

SECTION 32. Duties of Other Government Agencies and LGUs – Other
government agencies and LGUs shall establish programs such as, but not
limited to, education and information campaign and seminars or
symposia on the nature, causes, incidence and consequences of such
violence particularly towards educating the public on its social impacts.

It shall be the duty of the concerned government agencies and LGU's to
ensure the sustained education and training of their officers and
personnel on the prevention of violence against women and their
children under the Act.

SECTION 33. Prohibited Acts. – A Punong Barangay, Barangay Kagawad or
the court hearing an application for a protection order shall not
order, direct, force or in any way unduly influence he applicant for a
protection order to compromise or abandon any of the reliefs sought in
the application for protection under this Act. Section 7 of the Family
Courts Act of 1997 and Sections 410, 411, 412 and 413 of the Local
Government Code of 1991 shall not apply in proceedings where relief is
sought under this Act.

Failure to comply with this Section shall render the official or judge
administratively liable.

SECTION 34. Persons Intervening Exempt from Liability. – In every case
of violence against women and their children as herein defined, any
person, private individual or police authority or barangay official
who, acting in accordance with law, responds or intervenes without
using violence or restraint greater than necessary to ensure the
safety of the victim, shall not be liable for any criminal, civil or
administrative liability resulting therefrom.

SECTION 35. Rights of Victims. – In addition to their rights under
existing laws, victims of violence against women and their children
shall have the following rights:

(a) to be treated with respect and dignity;

(B) to avail of legal assistance form the PAO of the Department of
Justice (DOJ) or any public legal assistance office;

© To be entitled to support services form the DSWD and LGUs'

(d) To be entitled to all legal remedies and support as provided for
under the Family Code; and

(e) To be informed of their rights and the services available to them
including their right to apply for a protection order.

SECTION 36. Damages. – Any victim of violence under this Act shall be
entitled to actual, compensatory, moral and exemplary damages.

SECTION 37. Hold Departure Order. – The court shall expedite the
process of issuance of a hold departure order in cases prosecuted
under this Act.

SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. –
If the victim is an indigent or there is an immediate necessity due to
imminent danger or threat of danger to act on an application for a
protection order, the court shall accept the application without
payment of the filing fee and other fees and of transcript of
stenographic notes.

SECTION 39. Inter-Agency Council on Violence Against Women and Their
Children (IAC-VAWC). In pursuance of the abovementioned policy, there
is hereby established an Inter-Agency Council on Violence Against
Women and their children, hereinafter known as the Council, which
shall be composed of the following agencies:

(a) Department of Social Welfare and Development (DSWD);

(B) National Commission on the Role of Filipino Women (NCRFW);

© Civil Service Commission (CSC);

(d) Commission on Human rights (CHR)

(e) Council for the Welfare of Children (CWC);

(f) Department of Justice (DOJ);

(g) Department of the Interior and Local Government (DILG);

(h) Philippine National Police (PNP);

(i) Department of Health (DOH);

(j) Department of Education (DepEd);

(k) Department of Labor and Employment (DOLE); and

(l) National Bureau of Investigation (NBI).

These agencies are tasked to formulate programs and projects to
eliminate VAW based on their mandates as well as develop capability
programs for their employees to become more sensitive to the needs of
their clients. The Council will also serve as the monitoring body as
regards to VAW initiatives.

The Council members may designate their duly authorized representative
who shall have a rank not lower than an assistant secretary or its
equivalent. These representatives shall attend Council meetings in
their behalf, and shall receive emoluments as may be determined by the
Council in accordance with existing budget and accounting rules and
regulations.

SECTION 40. Mandatory Programs and Services for Victims. – The DSWD,
and LGU's shall provide the victims temporary shelters, provide
counseling, psycho-social services and /or, recovery, rehabilitation
programs and livelihood assistance.

The DOH shall provide medical assistance to victims.

SECTION 41. Counseling and Treatment of Offenders. – The DSWD shall
provide rehabilitative counseling and treatment to perpetrators
towards learning constructive ways of coping with anger and emotional
outbursts and reforming their ways. When necessary, the offender shall
be ordered by the Court to submit to psychiatric treatment or confinement.

SECTION 42. Training of Persons Involved in Responding to Violence
Against Women and their Children Cases. – All agencies involved in
responding to violence against women and their children cases shall be
required to undergo education and training to acquaint them with:

a. the nature, extend and causes of violence against women and their
children;

b. the legal rights of, and remedies available to, victims of violence
against women and their children;

c. the services and facilities available to victims or survivors;

d. the legal duties imposed on police officers to make arrest and to
offer protection and assistance; and

e. techniques for handling incidents of violence against women and
their children that minimize the likelihood of injury to the officer
and promote the safety of the victim or survivor.

The PNP, in coordination with LGU's shall establish an education and
training program for police officers and barangay officials to enable
them to properly handle cases of violence against women and their
children.

SECTION 43. Entitled to Leave. – Victims under this Act shall be
entitled to take a paid leave of absence up to ten (10) days in
addition to other paid leaves under the Labor Code and Civil Service
Rules and Regulations, extendible when the necessity arises as
specified in the protection order.

Any employer who shall prejudice the right of the person under this
section shall be penalized in accordance with the provisions of the
Labor Code and Civil Service Rules and Regulations. Likewise, an
employer who shall prejudice any person for assisting a co-employee
who is a victim under this Act shall likewise be liable for
discrimination.

SECTION 44. Confidentiality. – All records pertaining to cases of
violence against women and their children including those in the
barangay shall be confidential and all public officers and employees
and public or private clinics to hospitals shall respect the right to
privacy of the victim. Whoever publishes or causes to be published, in
any format, the name, address, telephone number, school, business
address, employer, or other identifying information of a victim or an
immediate family member, without the latter's consent, shall be liable
to the contempt power of the court.

Any person who violates this provision shall suffer the penalty of one
(1) year imprisonment and a fine of not more than Five Hundred
Thousand pesos (P500,000.00).

SECTION 45. Funding – The amount necessary to implement the provisions
of this Act shall be included in the annual General Appropriations Act
(GAA).

The Gender and Development (GAD) Budget of the mandated agencies and
LGU's shall be used to implement services for victim of violence
against women and their children.

SECTION 46. Implementing Rules and Regulations. – Within six (6)
months from the approval of this Act, the DOJ, the NCRFW, the DSWD,
the DILG, the DOH, and the PNP, and three (3) representatives from
NGOs to be identified by the NCRFW, shall promulgate the Implementing
Rules and Regulations (IRR) of this Act.

SECTION 47. Suppletory Application – For purposes of this Act, the
Revised Penal Code and other applicable laws, shall have suppletory
application.

SECTION 48. Separability Clause. – If any section or provision of this
Act is held unconstitutional or invalid, the other sections or
provisions shall not be affected.

SECTION 49. Repealing Clause – All laws, Presidential decrees,
executive orders and rules and regulations, or parts thereof,
inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

SECTION 50. Effectivity – This Act shall take effect fifteen (15) days
from the date of its complete publication in at least two (2)
newspapers of general circulation.

Approved,

JOSE DE VENECIA JR.
Speaker of the House of Representatives


FRANKLIN DRILON
President of the Senate

This Act, which is a consolidation of Senate Bill No. 2723 and House
Bill Nos. 5516 and 6054, was finally passed by the Senate and the
House of Representatives on January 29, 2004 and February 2, 2004,
respectively.

ROBERTO P. NAZARENO
Secretary General
House of Represenatives


OSCAR G. YABES
Secretary of Senate

Approved: March 08, 2004

GLORIA MACAPAGAL-ARROYO
President of the Philippines

DISCLAIMER - About the smileys in the post I just want to say i did not put them - I just did a cut and paste from the yahoo group so it may have been the special characters there causing havoc with my text

Please disregard the previous posts - there was a button to disable the smileys for that post - ok na siya.

I have a reputation of coming down like a ton of bricks, but I can't help it.
Truth hurts. It sucks. Exposing lies is never easy. It is a thankless lonely job.

Feminism is not about equality.
Feminism is a religion of HATE for all men, male, those who have penises.
This includes your father, your grandfather, your brothers, your uncles and yes, YOUR OWN SONS.

This Domestic Violence bull sh*t has already run its course in the USA, England, Australia and Europe, etc.
This Domestic Violence Law and other Feminist crap are foreign funded, dictated imports which are planted in our soil to sow discord and destruction of our HAPPY, LOVING, FILIPINO FAMILIES.

Before some of you throw your hands in DISBELIEF about what Litespeed has been posting about the bull sh*t of DV laws, go around the internet and check out how DV and other Feminist crap have DESTROYED FAMILIES WHOLESALE in the USA, Australia, Canada, England and Europe.

I will assume most of you who read here are Filipinos who LOVE their FAMILIES.
In my travels I have seen Filipinos always apathetic to laws thinking IT DOESNT APPLY TO THEMSELVES. Well the news here is that DV LAWS will APPLY TO ALL OF US.

The worst part is, the ones who will suffer from DV laws and other Feminist inspired crap will be your CHILDREN, your SONS, your DAUGHTERS.

Feminism already ravaged the "first world" countries. Don't be ignorant and let Feminism ravage our own country. The Philippines is pathetically poor, we have only OUR FAMILIES to rely on. Don't let our Filipino Families be DESTROYED.

Population Control / Depopulation (The mother agenda)
Feminism the ideology to DESTROY FAMILIES (see the POPE making the same warning)
Domestic Violence Laws and Gender Sensitivity Training (Tools of Feminism to DEMONIZE MEN to be able to DESTROY FAMILIES)

With all seriousness and no exaggeration.

-Gentleman-


You want links?

Pro-Life Philippines, see articles in the forum of Health Family and Feminism
http://www.prolife.org.ph
http://forums.prolife.org.ph/yabbse/index.php?board=6

One of the great big thinkers of the Men's Movement
http://www.angryharry.com

One of the sentimental big thinkers who luckily married a Filipina and awoke to the truth about Feminism
http://www.savethemales.ca

Men's News Daily Has a nice forum also
http://www.mensnewsdaily.com

USA: No Marriage Dot Com
http://www.nomarriage.com

http://www.angryharry.com/esWouldYouSignThisContract.htm

WOULD YOU SIGN THIS CONTRACT?

"An employer can, at any time, dismiss an employee, without justification, and have that employee imprisoned if he objects too strongly to his dismissal. For example, if the employee raises his voice in anger he may be arrested for 'violence'. In any event, an employer can dismiss an employee regardless of the circumstances, and at his sole discretion. He can fire him from his job, whenever he wishes, no matter how long the employee has served with the company, and even if the employee has done absolutely nothing wrong. Further, the employer can insist that the employee is evicted from his own house, and never allowed to re-enter it. An employer may further demand that the sacked employee must, under threat of imprisonment, forfeit part of any future income to the employer for some considerable time into the future."

How many incidents of violence against employers would take place annually if these were the terms and conditions that were set for all their employees?

An enormous number, one would imagine.

Now read this. It's the Lovers Contract.

"A woman can, at any time, dismiss her male partner, without justification, and have that partner imprisoned if he objects too strongly to his dismissal. For example, if he raises his voice in anger he may be arrested for 'domestic violence'. In any event, a woman can dismiss the man regardless of the circumstances, and at her sole discretion. She can fire him from his jobs as father and partner, whenever she wishes, no matter how long he has served the family, and even if he has done absolutely nothing wrong. Further, the woman can insist that the man is evicted from his own house, and never allowed to re-enter it. If she has children, a woman may further demand that her sacked partner must, under threat of imprisonment, forfeit part of any future income to the woman and her children for some considerable time into the future - and this is the case even if her children turn out not to be his."

How many incidents of DOMESTIC violence against women would take place annually if these were the terms and conditions that were set for all their male partners?

An enormous number, one would imagine.

But, here in the West, they ARE the terms and conditions for their male partners!

Is it really surprising to find, therefore, that the incidence of 'domestic violence' against women has hardly decreased in 20 years?

I say 'hardly decreased', but no-one actually knows the true figures for domestic violence. The official figures are virtually meaningless in that they derive mostly from incidents that would paint us ALL as 'domestically violent'.

For example, these days, shouting and name-calling are considered to be acts of domestic violence across most of the western world.

And yet, clearly, they aren't!

If they were, then just about the whole population would be indictable on the grounds of perpetually perpetrating acts of domestic violence.

The reality is that domestic violence is now largely defined by the woman's attitude to whatever she happens to be experiencing at the time.

And the problem with this - apart from the sheer unfairness of it all from the point of view of the male - is that her attitude is not something that is objectively definable, and neither is it 'fixed' - in the sense that a person's attitudes can change and fluctuate almost as much as the wind!

And sometimes, of course, her real attitude isn't even 'observable' - such as when she's exaggerating, lying, or 'confused', perhaps through drink, drugs, medicines - and chemistry in general.

Nevertheless, the number of body bags arising from domestic violence incidents, while not directly indicating the exact number of domestic violence incidents themselves, must surely reflect quite reasonably whether domestic violence is on the rise, or whether it is on the wane.

As such, the number of intimate partner homicides can give us a good insight into the patterns and incidence of domestic violence. This number can certainly be calculated objectively, and a woman's attitude - about whether or not an act of domestic violence has actually taken place - becomes something of a trivial irrelevance when the victim is actually dead!

Now, as a result mostly of feminist propaganda, prejudice and, frankly, perjury, about domestic violence for the past three decades, many countries have created increasingly draconian laws which have disempowered the male gender when it comes to their relationships - in fact, just as described in the Lovers Contract outlined above.

http://www.angryharry.com/esWouldYouSignThisContract.htm

The War Against Men

According to Peggy Noonan, "to be a man in this world is not easy." Texas A&M University Professor Richard T. Hise explains many reasons that this is the case. Parents with teenage boys approaching manhood can give their sons a leg up by handing them a copy of Professor Hise’s book, The War Against Men.



The war against men is real. It requires men to exercise care in choosing an occupation and in choosing a woman. The risk-reward ratios have deteriorated both for marriage and for working for a corporation. A bad choice can leave a man wounded, maimed, bereft of property and children, and in prison on trumped-up charges.

Hise writes that "the female propaganda machine is relentless." Men are sitting ducks, in part because they have been demonized and lack "a national organization, similar to the National Organization for Women, that will aggressively advance men’s positions, interests and needs." Hise suggests a catchy name: "No Ma’am" – National Organization for Men Against Anti-Maleness.

Hise cites statistics that indicate women today in their attitudes and roles are more like men. The complementary pairing of the two genders has broken down, making successful marriages increasingly rare. Women are not men’s life partners, but rivals favored by law.

That’s the way feminists want it, and courts and legislatures have gone along. Hise believes that the imbalance has put society out of balance and that the long-run consequences of the war on men will be more injurious to our country than dangers posed by terrorists.

When men lose, children lose.

Buy the Book: http://www.amazon.com/exec/obidos/tg/detai...19/lewrockwell/

Domestic violence is a rare crime occurring in no more than 0.5% of households

From Dr Charles Corry ...

For some years now the Equal Justice Foundation has found that at least 40% of the married men who contacted us about false allegations of domestic violence were charged after they found evidence their wives were having an affair. Since we began posting that finding over two years ago the percentage has been creeping up as citizens learn this is a common occurrence and have been more forthcoming in reporting such cases.

Since statistics clearly show that domestic violence is a rare crime occurring in no more than 0.5% of households in a given year, it has always been obvious that most of the DV allegations were false. It seems clear now that the basis for many, if not most of the false allegations of domestic violence by married women are to cover their adultery. The advantages for an adulterous wife of making such an accusation are clear: they get the house, the kids, the car, the bank accounts, and virtually anything else they want with basically no questions asked since due process has disappeared.

The cuckolded husband is presumed guilty until he can prove his innocence, a virtually impossible task in many cases. So the unintended consequence of draconian domestic violence laws is that they provide a perfect cover for adulteresses.

Even in the unlikely event the husband is able to prove the allegations are false, no action will be taken against the wife. And the family court will treat the mere allegation as proof he is a violent man and award her custody of the children in most cases.

If the man defends himself, he will spend years in court before multiple judges and his costs will be in the tens of thousands of dollars or more. In the end most men are defeated and broke, and often in prison (see the story of Dr. Emerson)

So today we punish the husband for his wife's adultery.

The fact that large numbers of women are unfaithful is supported by the now well-known statistic that 30% of DNA paternity tests show the man isn't the father of the child in question. And laboratories now abound to test for semen on women's clothing and underwear.

There can be little question that some husbands become violent upon learning of their wife's infidelity. But it appears such men are a tiny fraction, <5%, of the husbands who are falsely accused of domestic violence by adulterous wives. And in the few cases we have heard of, the husband's anger was primarily directed towards his wife's lover. Mostly the men we've heard from simply want her gone as quickly as possible. Instead he goes to jail on false charges and is tossed out of his home with little more than the clothes he is wearing.

The question is how much longer society can bear the consequences of this destructive ideology before collapsing?

Charles E. Corry, Ph.D., F.G.S.A.
President, Equal Justice Foundation
http://www.ejfi.org/

---------------------

Fundamental Liberties
The Equal Justice Foundation believes:

• Citizens should not be torn from their homes and children in the middle of the night based on nothing more than hearsay.

• Men and women should not be presumed guilty until they can prove their innocence.

• A secret tribunal should not have the power to force a man from his home without notice or hearing.

• Police should not have the right to enter and search a citizen's home without a warrant.

• Citizens should not be imprisoned based only on hearsay.

• Citizens should not be more afraid of the police than they are of criminals.

• A legal system that tolerates perjury and the subornation of perjury can not produce justice.

• Men should not be censured by public officials for crimes they have not committed.

• Men and women should not be made to work as indentured servants or held in thrall to others for acts they have not committed.

If you don't believe these actions are occurring in America today, and everyday, we invite you to explore the following pages. Look at the evidence and laws behind these sordid acts. You will find numerous personal stories of men and women who have suffered under these draconian policies, often losing everything they loved and owned in the process. The persecution of Dr. Tim Emerson is but one sordid example. See why so many of them find suicide their only escape. And join the Equal Justice Foundation in providing help and succor to many desperate men and women.

People, a bit of sobriety please. As much as we encourage intelligent and spirited discussion on the Forum we also would appreciate not veering too far off topic.

As a Fourms Moderator I'd like to steer things towards a legal direction first:

1) Again, can anyone tell us if the provisions cited in RA 9262 above are in conflict with any way with the provisions of the 1988 Family Code?

2) Can anyone also tell us if the provisions cited in RA 9262 are in conflict with the provisions of the 1987 Constitution on the Family?

3) How was the Cabangon-Chua case resolved? Does anyone have a decision of the case, or at least an idea of the settlement? What arguments were put forth by the defense and the prosecution respectively?

We can bash the feminists some later, for now let's try to get back on track.

Clarification: I am very very sober when I post about this very serious matter.
These are INTELLIGENT, TRUTHFULL, WELL THOUGHT OF POSTS.

Talking about Feminism = Domestic Violence laws is not veering away from the topic.
All the posts I posted above are direct, head on, on-topic.
Do not disregard them.
They are serious posts.
Every one of them.

Litespeed has discussed in plain, obvious language what the ridiculous provisions of RA9262 are.

#1 - ALL MEN ARE ASSUMED GUILTY UNLESS OTHERWISE PROVEN INNOCENT

#2 - DV LAW IS DISCRIMINATORY: ONLY MEN ARE SUBJECT TO ITS EVIL INTENT.

Most women who claim to be victims of domestic violence are perpetrators of domestic violence themselves. Note: most.

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The replete examples I posted above give you the readers a view of the future of the Philippines, just like the disaster in the so called 1st world countries.

There is nothing special about the Filipino people. We are as human as the white people.

Litespeed and I have presented glaring cases and glaring arguments in this thread. I suggest they be re-read and understood word for word.

This law RA 9262 must be declared unconstitutional and junked.

Your points on the law's flaws are valid. However, the problem lies in the fact that until the law is declared unconsitutional by the Supreme Court, it remains to be enacted. There seems to be a populist direction in the way laws are being debated and passed nowadays. If only in your point No. 2 (the law being directed only against MEN) this law can be declared unconsitutional because this is also a case of class legislation. These are the same points we are using in the persecutory Patient's Rights Bill (separate thread) but we are trying to nip it in the bud.

How about point #1?

#1 - ALL MEN ARE ASSUMED GUILTY UNLESS OTHERWISE PROVEN INNOCENT

Any Atenista lawyers want to take on this law and plead for its unconstitutionality in the Supreme Court?

Let me clarify: All it takes is one unconstitutional point to declare the law null and void. Point 1 is equally valid as well in my (again, lay) view.
By the way, isn't there a group of lawyers already working on the SC regading this?

I was going over the constitution and the family code and here are some sections which appear to be in conflict with ra9262

FROM THE CONSTITUTION:

Preamble

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.


ARTICLE II
Declaration of Principles and State Policies
Principles

Section 11. The State values the dignity of every human person and guarantees full respect for human rights.

Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government.

Section 14. The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.


ARTICLE III
Bill of Rights

Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.

Section 14. (1) No person shall be held to answer for a criminal offense without due process of law.

(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable.


ARTICLE XV
THE FAMILY

Section 1. The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development.

Section 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.

Section 3. The State shall defend:

(1) The right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood;

(2) The right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development;

(3) The right of the family to a family living wage and income; and

(4) The right of families or family associations to participate in the planning and implementation of policies and programs that affect them.

FROM THE FAMILY CODE

TITLE V

THE FAMILY

Chapter 1. The Family as an Institution

Art. 149. The family, being the foundation of the nation, is a basic social institution which public policy cherishes and protects. Consequently, family relations are governed by law and no custom, practice or agreement destructive of the family shall be recognized or given effect. (216a, 218a)

Art. 50. Family relations include those:

(1) Between husband and wife;

(2) Between parents and children;

(3) Among brothers and sisters, whether of the full or half-blood. (217a)

Art. 151. No suit between members of the same family shall prosper unless it should appear from the verified complaint or petition that earnest efforts toward a compromise have been made, but that the same have failed. If it is shown that no such efforts were in fact made, the same case must be dismissed.

This rules shall not apply to cases which may not be the subject of compromise under the Civil Code. (222a)

PARENTAL AUTHORITY

Chapter 1. General Provisions

Art. 209. Pursuant to the natural right and duty of parents over the person and property of their unemancipated children, parental authority and responsibility shall include the caring for and rearing them for civic consciousness and efficiency and the development of their moral, mental and physical character and well-being. (n)

Art. 210. Parental authority and responsibility may not be renounced or transferred except in the cases authorized by law. (313a)

Art. 211. The father and the mother shall jointly exercise parental authority over the persons of their common children. In case of disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary.

Of course I am just a layman but from what I am reading, it seems that ra9262 appears to be at odds with the family code in a big way as far as reconciling conflicts are concerned.

Legal luminaries on this fi=orum what do you think ?

Ang tagal naman sumagot nung mga nagco-continuing legal education diyan, samantalang kasama ang RA 9262 sa mga pinag-aaralan ngayon na bagong batas.

Well it seems the legal personalities are still formulating their opinions so here is the result first of the Cabangon Chua case taken from the abs-cbn news site.

**********************************
DOJ drops rape case against envoy

By JONATHAN MAYUGA
TODAY Reporter

The Department of Justice (DOJ) has exonerated Philippine Ambassador to Laos Antonio Cabangon Chua, who was earlier charged with marital rape by his common-law wife.

State Prosecutor Misael Ladaga, in an 11-page resolution, also junked three other criminal charges filed against Chua by Catherine Songco for lack of merit.

Besides marital rape, Songco charged Chua of attempted murder, serious illegal detention and violation of Republic Act 9262 or the Antiviolence Against Women and Their Children Act of 2004.

The rape case against Chua was dismissed because the Anti-Rape Law of 1997 and the Anti-Violence Against Women and Their Children Law were not yet applicable when the crime allegedly took place.

“The complainant may have been under the impression that RA 9262 has retroactive applications such that in her complaint, she narrated episodes of alleged physical, sexual and psychological violence and economic abuse by the respondent. As stated, this new law does not carry retroactive applicability to acts committed before its effectivity,” according to the DOJ.

The offense reportedly was committed in 1987 at the Hotel Intercontinental in Makati City.

The law was passed in 1997 and could not be given a retroactive application for it would amount to ex-post facto law, which is prohibited under the Constitution [an act cannot be considered punishable if at the time it was committed, the said act is not yet a crime).

Ladaga pointed out that even if the crime will be simple rape under Article 335 of the Revised Penal Code, it cannot be given merit for there was no evidence to show that there was coercion and resistance by the respondent and alleged victim, respectively, in the case.

“There can be no rape as any degree of force or intimidation was immaterial because her will was already subjugated to that of the respondent since 1984. Even if we give credence to her allegation of force and intimidation, the record is bereft of any tenacious resistance or reluctance on her part, but mere refusal,” Ladaga added.

The prosecutors also cited the testimony of Dr. Roger Mendiola stating that there was no truth to the allegation of Songco that the ambassador inflicted a sexual disease to the complainant.

The attempted murder case against Chua was also dismissed because the gun allegedly used was not fired at the complainant.

“Evidence only tends to show that the injuries she sustained, corroborated by a medical certificate, were not caused by gunfire and they were not fatal to cause her death,” the resolution stated.The DoJ also found no evidence that would show that the complainant and her children were unlawfully detained or restrained of her liberty inside their house in Greenmeadows Subdivision.

The DoJ ruled that the security guards were not posted in the couple’s residence to detain them but to protect the envoy’s properties.

********************************


For the most part, this guy got away because the law was not retroactive. Had it happened recently, it would certainly have a different ending.

my own .02:

let's admit it. we live in a machismo society, in part inherited from our Latin influences. so in light of the upsurge of women's lib, legislation with this kind of class slant shouldn't be a surprise for us.

now, i absolutely agree that men can be victims in domestic violence. but let's face it: men are more often than not the aggressors in domestic violence cases. hence the bias towards the protection of women and children, rather than simply protecting whoever the victim is.

the law is flawed and must be repealed. true. but we should not forget what brought about this law in the first place, and what we can do to craft less-biased legislation to afford DV victims similar protection that the current law provides.

I totally agree with the previous post about the reasons why this law was passed in the first place. There definitely was a need to address the problem of domestic violence WITH special emphasis on ( BUT NOT EXCLUSIVELY ) on women and children.

God knows the news is full of men who are not fit to be husbands nor fathers. These animals injure, maim and even kill their partners and children with or without alcohol or drugs. I fully support imprisoning these kinds of men.

BUT this law also strikes a very sore spot for me because right now, it is being used against me particularly where the custody and my rights as a father are concerned. I am alienated from my kids and am being kept at arms length with this threat of protection orders courtesy of my hysterical ex-spouse.

Because while the law succeeds in protecting women and children against these scalawags, it also succeeds in alienating those good fathers out there whose only mistake was to be within / involved in a broken marriage.

As human relations go, the reasons why couples argue / separate / do not get along are practically infinite but my own lawyer has noted that most of it will find a place in the list of offenses ( under RA 9262) WE MEN CAN COMMIT BUT NOT THE WOMEN . IT does not just punish violence as we see it like physical but includes all kinds of violence.

A simple quarrel or misunderstanding can be elevated to be an act of emotional or psychological violence. And on that premise a protection order can be issued wherein you will get ejected from your own home pending the resolution of the case. You know this old belief about men needing to be guilty of concubinage as opposed to mere adultery for the wife ? Well this no longer holds true. All that's needed is MENTAL INFIDELITY and this is EXACTLY the words used in this law. In this case, who will then define what TRUE VIOLENCE is ?


Of course with good lawyers and a fair judge, one will likely be judged innocent BUT AT WHAT COST ?? You will pay so much for your lawyer, lose so much of your time just to make sure that you get justice back on your side.

The bottomline here is that this is once again, an example of a SHOTGUN approach which effectively punishes all men. This law really reeks of vindictiveness. Until this law is revised to include men and to safeguard the rights of both women AND men, it will serve only to show how incompetent our government / legal system really is. But then again .. what else is new ??

now, for a flip in perspective:

personally, i found the protection order bit to have the most potential for abuse. your example, litespeed, is just a highlight. under this law, men are practically subjugated to their wives under threat of imposing a protection order. and yet, does this not constitute that very same "psychological abuse" that the law declares only men are capable of? in effect, the law has institutionalized pro-women domestic terrorism.

if i may ask, who were the main proponents of this bill? i know it matters little, but for my part, i can't help but wonder how such a fundamentally flawed law was passed considering the majority of our lawmakers are men.

and still no divorce without alimony. parasitic.

But our President is a woman...

and how are you sure that most of our biologically male lawmakers are indeed men? hehe...

At the risk of sounding non sequitour, I think if we elect flawed people in office, we get flawed service, laws, etc., etc., ad nauseam

Raggster you hit the nail right on the head .... this statement: "under this law, men are practically subjugated to their wives under threat of imposing a protection order. and yet, does this not constitute that very same "psychological abuse" that the law declares only men are capable of? in effect, the law has institutionalized pro-women domestic terrorism." is exactly what I am experiencing first hand.

I cannot just show up at my daughter or sons school( my alma mater no less) , I have no say in where my kids go and who they are with , where they go to school , etc etc .... I have experienced this subjugation and domestic terrorism first hand and more so this Xmas season. It took the massive efforts of my stepmom for me to be able to spend a measly 2 hours with my kids on the afternoon of the 24th. Then my ex takes them off on the 25th lunch just to be with her best friend (instead of me, their dad and, and my relatives) and of course I had absolutely no say in this matter. Oh and this was the first time I had seen or talked to my kids in 4 months. I call them on the land line and there is always someone wanting to use the phone after 10 minutes and I sent a cell phone ... two in fact and they were banned from using it to talk or text me despite my paying 250 a month for a 24/7 plan so they can call me anytime.

It was my sons birthday on the 30th of Dec and despite his earnest wish to spend it with me, he was unable to, this despite the fact that he was about 2k away from me at a dinner in the house of my exs brother. Could I show up there ? NO... because it might prejudice my own case and I get issued a protection order.

And of course I did not see them on New Year either..... and to this date for that matter. The list of events in my reality, that support your scenario are numerous and the bottom line is that IT HAS HAPPENED and it will CONTIINUE TO HAPPEN not only in my life but in other mens lives and our sons.

It would be so much better if it could be applied both ways because then there would be a check and balance - if men could sue for psychological abuse as well then it would lessen the laws potential for abuse by misdirected females.

Oh about the authors, I did a google search so here are some of them: Senators LORENLEGARDA, AQUINO-ORETA,LUISA`LOI'P.EJERCITOESTRADA , BIAZON,
PANGILINAN , VILLAR,JR.,NOLI`KABAYAN'DECASTRO,
And ANGARA

So BlueEagle_the_King there is your partial rogues gallery, I guess the roster speaks for itself....

I also wanted to point out that if I remember correctly, the rapid passage of this law followed this scandal involving Mike Arroyo and this certain female right ?? AND mike has been REAL QUIET ever since. I guess Gloria found a very effective way of keeping Mike under control eh .... Smacks of this post about martial law except that it discriminates against men.

This law will be used and abused until enough of us make a loud noise to make people stand up and take notice. If those who read this post are truly concerned then PLEASE join my group and lets continue this discussion there. Perhaps if we achieve a certain critical mass then people will start to notice. Otherwise the legitimate grievances are buried under an avalanche of crimes that tend to support the bill ( eg the two murders committed by fathers against theior children just recently)

There are several big groups in the US that have attempted to bring back the rights of fathers and this has spread like wildfire to practically all the states and worldwide. Even Bruce Willis has a show in the US about Dads too, echoing his concern for the diminishing role of the father in the family. If we don't do something about this, we will be deteriorating into a condition worse than what the US groups are trying to change. As usual, we in the Philippines are travelling backwards, deteriorating...

From where I am standing, I can see that we being insiduously transformed from a patriarchal society to a matriarchal run by vindictive matriarachs who have everything in their court / arsenal right now to put men away for a long time. SO lets put a stop to it while we can.

PLEASE join us :

http://groups.yahoo.com/group/diegosilang/