ASLC LAW

𝐆𝐞𝐭 𝐇𝐞𝐥𝐩: 𝐀 𝐆𝐮𝐢𝐝𝐞 𝐭𝐨 𝐀𝐯𝐚𝐢𝐥𝐢𝐧𝐠 𝐑𝐞𝐦𝐞𝐝𝐢𝐞𝐬 𝐮𝐧𝐝𝐞𝐫 𝐑𝐀 𝐍𝐨. 𝟗𝟐𝟔𝟐⁣
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If you are a victim of domestic abuse, know that you are not alone, and there are laws in place to protect you and your children. Republic Act No. 9262, also known as the Anti-Violence Against Women and Their Children Act of 2004, has been designed to help you regain control of your life and ensure your safety. This guide aims to walk you through the steps to avail the remedies provided by this law, emphasizing the importance of your well-being and that of your child.⁣
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𝐑𝐞𝐜𝐨𝐠𝐧𝐢𝐳𝐢𝐧𝐠 𝐘𝐨𝐮𝐫 𝐑𝐢𝐠𝐡𝐭𝐬 𝐚𝐧𝐝 𝐓𝐚𝐤𝐢𝐧𝐠 𝐭𝐡𝐞 𝐅𝐢𝐫𝐬𝐭 𝐒𝐭𝐞𝐩⁣
Experiencing abuse is traumatic, but acknowledging it is the first step towards seeking help. Under RA 9262, you have the right to protection from all forms of abuse—physical, sexual, psychological, and economic. This law is your shield against the pain and fear inflicted by your partner.⁣
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𝐂𝐨𝐥𝐥𝐞𝐜𝐭𝐢𝐧𝐠 𝐘𝐨𝐮𝐫 𝐄𝐯𝐢𝐝𝐞𝐧𝐜𝐞⁣
To make your case stronger, gather evidence of the abuse. This might include medical reports detailing any physical injuries, photographs of your injuries, recordings or testimonies that document verbal abuse, and any other relevant documents such as threatening messages. Remember, every piece of evidence can help in building a solid case against your abuser.⁣
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𝐒𝐞𝐞𝐤𝐢𝐧𝐠 𝐋𝐞𝐠𝐚𝐥 𝐀𝐬𝐬𝐢𝐬𝐭𝐚𝐧𝐜𝐞⁣
Navigating the legal process can be overwhelming, but you don’t have to do it alone. The Public Attorney's Office (PAO) provides free legal assistance to those who cannot afford a private lawyer. Having legal support can make a significant difference in ensuring your rights are upheld and your case is presented effectively.⁣
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𝐅𝐢𝐥𝐢𝐧𝐠 𝐟𝐨𝐫 𝐏𝐫𝐨𝐭𝐞𝐜𝐭𝐢𝐨𝐧 𝐎𝐫𝐝𝐞𝐫𝐬 ⁣
Even before filing a criminal case against your abuser, you can get yourself protected by getting a Barangay Protective Order (BPO) from your nearest Barangay. There are different kinds of protective order that you can avail in RA No. 9262, such as the following:

𝐁𝐚𝐫𝐚𝐧𝐠𝐚𝐲 𝐏𝐫𝐨𝐭𝐞𝐜𝐭𝐢𝐨𝐧 𝐎𝐫𝐝𝐞𝐫 (𝐁𝐏𝐎): If you need immediate protection, go to your local barangay. You or a trusted representative can file for a BPO, which will prohibit your abuser from approaching or contacting you and your child. This immediate step can provide a sense of safety and prevent further harm.⁣
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𝐓𝐞𝐦𝐩𝐨𝐫𝐚𝐫𝐲 𝐏𝐫𝐨𝐭𝐞𝐜𝐭𝐢𝐨𝐧 𝐎𝐫𝐝𝐞𝐫 (𝐓𝐏𝐎): For more comprehensive protection, you can file for a TPO at your nearest Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court, or Municipal Circuit Trial Court. The TPO can provide various forms of relief, such as custody of your children and financial support. It is effective for 30 days, giving you crucial time to prepare for a longer-term solution.⁣
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𝐏𝐞𝐫𝐦𝐚𝐧𝐞𝐧𝐭 𝐏𝐫𝐨𝐭𝐞𝐜𝐭𝐢𝐨𝐧 𝐎𝐫𝐝𝐞𝐫 (𝐏𝐏𝐎): After a court hearing, a PPO can be issued to offer long-term protection and support. This order remains effective until revoked by the court and can ensure your abuser is legally kept away from you and your children.
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𝐅𝐢𝐥𝐢𝐧𝐠 𝐚 𝐂𝐫𝐢𝐦𝐢𝐧𝐚𝐥 𝐂𝐚𝐬𝐞⁣
Reporting the abuse to the authorities is a courageous and critical step. You can file a criminal case against your abuser at the nearest police station or directly at the Prosecutor’s Office. With the help of a lawyer, you can prepare an affidavit detailing all incidents of abuse and attach your collected evidence. The Women and Children's Protection Desk (WCPD) at the police station is specifically trained to handle these cases with the sensitivity and seriousness they deserve.⁣
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𝐂𝐨𝐧𝐜𝐥𝐮𝐬𝐢𝐨𝐧⁣
Break the cycle of abuse and speak up. Taking these steps can help you break free from the cycle of abuse and build a safer, more secure future for yourself and your child. Republic Act No. 9262 is a testament to your right to live without fear and harm. By utilizing the provisions of this law, you can seek justice and start the journey towards healing and recovery. Remember, you are not alone—there are resources and people ready to support you every step of the way.⁣

Latest jurisprudence on illegally dismissed probationary workers' entitlement for backwages.

The Supreme Court has ruled that backwages due illegally dismissed probationary employees are not limited to the unexpired portion of the probationary period but cover the time when compensation was withheld up to reinstatement.

READ: https://sc.judiciary.gov.ph/sc-illegally-dismissed-probationary-employees-entitled-to-backwages-from-time-compensation-withheld-up-to-actual-reinstatement/

SC Dismisses Roxas Judge for Soliciting Bribes from Lawyers, Litigants |

The Supreme Court has imposed the penalty of dismissal from service on a judge who directly solicited bribes from lawyers, litigants, and even local elective officials in exchange for favorable actions.

In a per curiam Decision, the Court En Banc found Judge Edralin C. Reyes (Reyes), Presiding Judge of Branch 43, Regional Trial Court (RTC) of Roxas, Oriental Mindoro guilty of Gross Misconduct and ordered his dismissal from service. The Court also ordered the forfeiture of his retirement and other benefits, except accrued leave credits, and his perpetual disqualification from re-employment in any branch or agency of the government, including government-owned or controlled corporations.

The Court likewise ordered Reyes to pay a fine of PHP 17,500 for Simple Misconduct, for his negligence in supervising his court staff and ensuring proper and safe record- and evidence-keeping system in his court, resulting in missing fi****ms, exhibits, and pieces of evidence that were in court custody.

The Court, in determining Reyes’ administrative liability, emphasized that a government-issued computer, even if privately controlled, is subject to regulation and monitoring by the government employer.

It ruled that the SMS/iMessage exchanges and the findings of the audit team were not excludable as there was no violation of Reyes’ right to privacy.
For one, Reyes had no expectation of privacy for electronic communications stored in the subject laptop. The Court stressed that for judges and court employees, laptops and computers are provided to facilitate the courts’ function of adjudicating cases, and are not meant for private purposes.

In Reyes’ case, the SMS/iMessage correspondence were stored in the subject laptop and not in his private computer. Neither did it appear that the laptop was forcibly taken from him. “These circumstances convince this Court that Judge Reyes cannot successfully claim that the State unduly intruded into a personal matter,” said the Court.

The Court also held that since there is no violation of Reyes’ right to privacy, the information obtained through the judicial audit cannot be considered fruit of the poisonous tree.

“Further, even if the Court considered the MISO and OCA’s retrieval of the iPhone messages as violation of Judge Reyes’s right to privacy, this Court finds that the information obtained by the judicial audit team should be treated as an exception, as it is an inevitable discovery,” said the Court. “Indeed, an administrative investigation would have been conducted, and the judicial audit team would have found the incriminating information even without the SMS/iMessage exchanges from the laptop…Thus, in the natural course of events, the evidence and information contained in the judicial audit team report would have reached this Court.”

Read more at https://sc.judiciary.gov.ph/sc-dismisses-roxas-city-judge-for-soliciting-bribes-from-lawyers-litigants/. Read A.M. No. RTJ-20-2579 in full at https://sc.judiciary.gov.ph/rtj-20-2579-office-of-the-court-administrator-vs-judge-edralin-c-reyes-presiding-judge-branch-43-regional-trial-court-roxas-city-oriental-mindoro/.