While waiting for Congress to allocate the necessary funds for the implementation of RA 8369, the Supreme Court designated various Regional Trial Courts (RTC) in the country to act as Family Courts. I have personally heard many Judges complain about their designation as Acting Family Court Judges. They prefer to remain as regular RTC's.
As mentioned in my previous article, I tendered my irrevocable resignation as RTC Judge in the year 2004, in order to be a full time advocate for the transformation of the justice system. For a period of about 5 years, I was engaged by the Department of Justice (DOJ) and the then National Commission on the Role of Filipino Women (NCRFW), renamed Philippine Commission on Women (PCW) under RA 9710, the Magna Carta of Women, to train Prosecutors all over the country that appear before Family Courts. The 3 day training is about the Gender Sensitive Manner of Handling Cases of Women and Children. Once sensitized, the common complaint of most prosecutors is the lack of gender sensitivity and responsiveness on the part of the Family court judges before whom they regularly appear.
The criticisms against Family Court judges heightened when RA 9262, the Anti-Violence Against Women and their Children Act, took effect in March 2004. Many Family Court judges even openly criticize the law as biased against men. Clearly, they lack the needed understanding of how important that law is in order to help put a stop to abuses in intimate relations, where victims are mostly women and their children.
We are aware that the Philippine Judicial Academy (PHILJA) takes care of training Judges and Justices to become gender sensitive and responsive. Despite this, we continue to receive complaints from court users including several litigators who have given up their practice out of sheer frustration in the manner many Acting Family Court judges administer cases of women and children. There are so many narratives that project miscarriage of justice in many cases before the designated Family Courts.
Many court users speculate that the poor performance of many Acting Family Court Judges may be directly attributable to their dislike of the positions which they were forced to accept. Many judges they say, are heard saying, they have no choice but to follow the Supreme Court directive.
In a documented narrative in Davao City, the group of Sister Josephine Bacaltos, RGS, Executive Director of WOMYNET, raised to the Supreme Court their request for the replacement of one designated Family Court Judge in Davao City. They noted the pattern where the Judge oftentimes asserts the reconciliation of the couple despite the physical abuse suffered by the woman petitioner and the clear provision of the law against conciliation in cases of such nature.
The Judge, when confronted with petitions for Temporary Protection Order (TPO), usually asks the woman petitioner if she still loves her husband. When the woman says "yes", at the same time showing the bruises, etc. the Judge will berate the lawyers and scold them for breaking up families. The Judge asserts his belief that families should remain intact at all cost.
The Judge is obviously not aware of the Cycle of Violence and how it can lead to a Battered Woman Syndrome (BWS). Let me digress a little here to encourage everyone to watch my presentation about the BWS last September 4, 2013 in the Judicial Colloquium on Gender Equality Jurisprudence and The Role in Promoting Women's Access to Justice, sponsored by the UN WOMEN and the International Commission of Jurists (ICJ) held in Bangkok, Thailand. Please click the video below.
Back to the issue about the importance of creating regular Family Courts. When the Acting Family Court Judge from Davao city was made to comment by the Supreme Court on the letter request for his replacement, he did not raise any objection. He liked it, albeit, he underscored that he cannot understand why there is a contention that he lacks gender sensitivity and responsiveness when he was raised by his parents with the right Filipino values.
The Judge whom we personally know to be a good person, is obviously confused considering that like many Filipinos he was raised in a culture of patriarchy that allows women to just accept their "fate and suffer in silence because it is purely a family matter and should remain a private concern between the couple". The WOMYNET group was deeply frustrated when the Supreme court denied the replacement of the Judge despite his willingness to be replaced. Eventually, the Judge opted to avail of early retirement.
Several women's groups had a dialogue with the Committee on Gender Responsiveness in the Judiciary (CGRJ) at the Supreme Court last November 2012. There were several Family Court judges in attendance. They were all complaining how they too are battered with too many cases. We truly sympathize with their situation thus we are popularizing the Justice and Healing approach in handling cases on Domestic Violence and Sexual Harassment. But, we have to tackle this topic later.
On September 11, 2013, the Philippine Commission on Women, presented the Women's Priority Legislative Agenda (WPLA) to the 16th Congress. Chair Remmy Rikken talked about Women Making Legislative Herstory: Reliving Experiences in Upholding Women's Rights.
Executive Director Miyen Verzosa, presented the WPLA. There were about 10 Policy Briefs presented covering the following, to wit:
1. Extending Social Protection for Women in the Informal Sector:
ENACTING A MAGNA CARTA OF WORKERS IN THE INFORMAL ECONOMY;
2. Addressing the System of Prostitution in the Philippines, Imposing Penalties for Perpetrators and Providing Protective Measures and Support Services for Victims: ENACTING THE ANTI-PROSTITUTION LAW (AMENDING ARTICLES 202 and 341 OF THE REVISED PENAL CODE);
3. Addressing the Inequality in our Penal Law on Adultery and Concubinage: ENACTING THE ANTI-MARITAL INFIDELITY LAW;
4. Ensuring Women's Equal Rights in Marriage and Family Relations: REPEALING THE LAW ON PREMATURE MARRIAGE;
5. Upholding the Right of Life and Security of Spouses and Daughters: REPEALING ARTICLE 247 OF THE REVISED PENAL CODE;
6. Ensuring Women's Equal Rights in Marriage and Family Relations: REMOVING INEQUALITIES IN THE EXERCISE OF PARENTAL CONSENT TO MARRY AS PROVIDED FOR IN THE FAMILY CODE;
7. Ensuring Women's Equal Rights in Marriage and Family Relations: REMOVING INEQUALITIES IN THE ADMINISTRATION AND ENJOYMENT OF COMMUNITY PROPERTY OR CONJUGAL PARTNERSHIP UNDER THE FAMILY CODE;
8. Ensuring Women's Equal Rights in Marriage and Family Relations: REMOVING INEQUALITIES IN THE EXERCISE OF PARENTAL AUTHORITY OVER THE PERSON AND LEGAL GUARDIANSHIP OVER THE PROPERTY OF COMMON CHILDREN AS PROVIDED FOR IN THE FAMILY CODE;
9. Recognizing Serious Physical and Sexual Abuse as Ground for Legal Separation: AMENDING THE FAMILY CODE PROVISION ON LEGAL SEPARATION;
10. Strengthening Law Enforcement and Protection Against Sexual Offenses: EXPANDING THE ANTI-SEXUAL HARASSMENT LAW.
As I was earlier requested by the PCW to give a Response to the presentation, I commended them for the Policy Briefs. They researched and explained each and every item very well. The Transformative Justice Institute is fully supportive of the WPLA. In my response, I commented that so far the Philippines is one of the more progressive countries in Asia in terms of existing laws and policies for the protection of women and children.
With the presence of people from Congress in the forum who pledged to support the WPLA, the 10 proposed policies will hopefully, smoothly sail in the 16th Congress. However, I stressed the fact that while we are advanced in the area of passage of laws, we are very weak and poor in the areas of its application as well as law enforcement, implementation, observance and compliance. I mentioned about the continuing failure of our government to implement RA 8369 for the creation of the Regular Family Courts. I pointed out the tremendous miscarriage of justice going-on in many cases of women and children despite the beautiful laws already in place.
It is vital that Congress will allocate the appropriate funds for RA 8369 to be implemented. We are all aware that there is enough money in order to finally implement this law. After all in 2011, both Malacanang and Congress already sent us letters of commitment that the law for regular Family Courts will already be implemented.
I appreciate Congresswoman Estrellita Suansing who promised to look into this matter, last September 11, 2013.
Proverbs 28:5 states that "Evil persons do not understand justice, but those who seek the Lord, understand it fully".
Click the video to watch my presentation on the Battered Woman Syndrome
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