Dear PAO,
I just want to know the rights of my minor child. His father and I are
not married because he already has a wife and they, too, have children.
His wife warned me that she will take legal actions against me, but I
never intend to cause any trouble to them. I just want him to provide
what is due to our child. What should I do?
Yannie
Dear Yannie,
A child, whether he or she is legitimate or illegitimate, has the right
to be supported by his or her parents. However, it is necessary that his
or her filiation with the parent he or she is seeking support from be
established first in order for the latter to be legally obligated to
provide such support.
There are several ways of establishing filiation between a parent and
a child. As provided for under Article 172 of the Family Code of the
Philippines, “The filiation of legitimate children is established by any
of the following: (1) The record of birth appearing in the civil
register or a final judgment; or (2) An admission of legitimate
filiation in a public document or a private handwritten instrument and
signed by the parent concerned. In the absence of the foregoing
evidence, the legitimate filiation shall be proved by: (1) The open and
continuous possession of the status of a legitimate child; or (2) Any
other means allowed by the Rules of Court and special laws.” As for
illegitimate children, they may establish their illegitimate filiation
in the same way and on the same evidence as legitimate children (Article
175, Family Code of the Philippines).
In the situation that you have presented before us, it is essential
for you to prove first and foremost that your child has been
acknowledged or recognized by his or her father through any of the means
stated above. If you are able to establish their illegitimate
filiation, you may demand support from him by verbally communicating to
him the everyday expenditures of your child. You may also consider
giving him a formal demand letter if verbal plea proves futile.
If he has the capacity to answer for the financial needs of your
child but refuses to provide the same despite your repeated demands, you
may consider filing an action for support before the Regional Trial
Court of the place where you and your child reside. The court will
determine whether your child legally is entitled to support, and if so,
the amount to be granted which is fair and just, taking into
consideration all the necessities of your child as well as the resources
of his father.
We hope that we were able to answer your queries. Please be reminded
that this advice is based solely on the facts you have narrated and our
appreciation of the same. Our opinion may vary when other facts are
changed or elaborated.
source: Manila Times' Column of Atty Persida Acosta
Tuesday, October 29, 2013
Monday, October 21, 2013
Proof of child filiation needed before grant of parental support
Dear PAO,
I was impregnated by a man who is already married. He used to provide for the financial needs of our child. But after several months from the birth of our child, he simply stopped giving us money. Is there anything I can do that can compel him to provide support? Will there be any concern since he did not sign in the birth certificate of our child? Can I also have his professional license revoked or cancelled?
HTM
Dear HTM,
There is no question that a parent is obliged to provide support for his or her child. This obligation is clearly provided for under Article 195 of the Family Code of the Philippines, which reads: “Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceding article: x x x (3) Parents and their legitimate children and the legitimate and illegitimate children of the latter; (4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; x x x”
However, we would like to emphasize that it is necessary that the filiation of the child and the parent concerned be proven in order that the former can lawfully invoke his or her right to such support from the latter. Under the law, illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as will be used in establishing legitimate filiation, that is, through: (1) the record of birth as appearing in the civil register or a final judgment, which indicates the recognition of the parent concerned of their illegitimate filiation; (2) admission of illegitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned; (3) the open and continuous possession of the status of an illegitimate child; or (4) any other means allowed by the Rules of Court and special laws (Article 175 in relation to Article 172, Family Code of the Philippines).
In the situation that you have presented before us, you may demand from the father of your child to provide financial support which would answer for your child’s needs, whether it be for his or her sustenance, dwelling, clothing, medical attendance, education and transportation.
However, you may find it difficult to assert your child’s right to such support considering that he did not acknowledge their illegitimate relationship in the child’s birth certificate. You should, therefore, be able to establish their filiation through the other means above-stated.
Insofar as your desire to seek for the cancellation of the professional license of the father of your child, we want to emphasize that your concern affects his civil obligation over his child, not an infraction of his duties as a professional. You may only seek for the cancellation or revocation of his license if you can establish that his failure to provide support for the child constitutes a violation of the Code of Ethics of his particular profession.
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
source: Manila Times Column of Atty Persida Acosta
I was impregnated by a man who is already married. He used to provide for the financial needs of our child. But after several months from the birth of our child, he simply stopped giving us money. Is there anything I can do that can compel him to provide support? Will there be any concern since he did not sign in the birth certificate of our child? Can I also have his professional license revoked or cancelled?
HTM
Dear HTM,
There is no question that a parent is obliged to provide support for his or her child. This obligation is clearly provided for under Article 195 of the Family Code of the Philippines, which reads: “Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceding article: x x x (3) Parents and their legitimate children and the legitimate and illegitimate children of the latter; (4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; x x x”
However, we would like to emphasize that it is necessary that the filiation of the child and the parent concerned be proven in order that the former can lawfully invoke his or her right to such support from the latter. Under the law, illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as will be used in establishing legitimate filiation, that is, through: (1) the record of birth as appearing in the civil register or a final judgment, which indicates the recognition of the parent concerned of their illegitimate filiation; (2) admission of illegitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned; (3) the open and continuous possession of the status of an illegitimate child; or (4) any other means allowed by the Rules of Court and special laws (Article 175 in relation to Article 172, Family Code of the Philippines).
In the situation that you have presented before us, you may demand from the father of your child to provide financial support which would answer for your child’s needs, whether it be for his or her sustenance, dwelling, clothing, medical attendance, education and transportation.
However, you may find it difficult to assert your child’s right to such support considering that he did not acknowledge their illegitimate relationship in the child’s birth certificate. You should, therefore, be able to establish their filiation through the other means above-stated.
Insofar as your desire to seek for the cancellation of the professional license of the father of your child, we want to emphasize that your concern affects his civil obligation over his child, not an infraction of his duties as a professional. You may only seek for the cancellation or revocation of his license if you can establish that his failure to provide support for the child constitutes a violation of the Code of Ethics of his particular profession.
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
source: Manila Times Column of Atty Persida Acosta
Tuesday, September 24, 2013
Legitimate children inherit from deceased parents
Dear PAO,
The mother of my cousins was a domestic helper in Singapore for 15 years. Their parents are legally separated for 10 years.
Their mother remarried in Singapore and had a son. After remarrying, their mother and stepfather ran a business. Last year, their mother died. Are my cousins entitled to acquire some properties of their mother?
Bert
Dear Bert,
Your question is anchored on the right of your cousins to inherit from their deceased mother. The law is clear that legitimate children shall inherit from their deceased parents. This is particularly provided by the New Civil Code of the Philippines:
“Art. 978. Succession pertains, in the first place, to the descending direct line.
“Art. 979. Legitimate children and their descendants succeed the parents and other ascendants, without distinction as to sex or age, and even if they should come from different marriages.
An adopted child succeeds to the property of the adopting parents in the same manner as a legitimate child.
“Art. 980. The children of the deceased shall always inherit from him in their own right, dividing the inheritance in equal shares.”
Based on the foregoing provisions, there is no doubt that your cousins are entitled to inherit from their mother. As such, the properties left by their mother or the latter’s estate shall be divided among her heirs, which shall include your cousins, the other children of their mother, if any, and her legal spouse.
Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.
We hope that we were able to enlighten you on the matter.
source: Manila Times Column of Atty Persida Acosta
The mother of my cousins was a domestic helper in Singapore for 15 years. Their parents are legally separated for 10 years.
Their mother remarried in Singapore and had a son. After remarrying, their mother and stepfather ran a business. Last year, their mother died. Are my cousins entitled to acquire some properties of their mother?
Bert
Dear Bert,
Your question is anchored on the right of your cousins to inherit from their deceased mother. The law is clear that legitimate children shall inherit from their deceased parents. This is particularly provided by the New Civil Code of the Philippines:
“Art. 978. Succession pertains, in the first place, to the descending direct line.
“Art. 979. Legitimate children and their descendants succeed the parents and other ascendants, without distinction as to sex or age, and even if they should come from different marriages.
An adopted child succeeds to the property of the adopting parents in the same manner as a legitimate child.
“Art. 980. The children of the deceased shall always inherit from him in their own right, dividing the inheritance in equal shares.”
Based on the foregoing provisions, there is no doubt that your cousins are entitled to inherit from their mother. As such, the properties left by their mother or the latter’s estate shall be divided among her heirs, which shall include your cousins, the other children of their mother, if any, and her legal spouse.
Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.
We hope that we were able to enlighten you on the matter.
source: Manila Times Column of Atty Persida Acosta
The Anti-bullying Law
Schools, their
administrators and teachers are the special parents of minor children
while they are in school or attending school activities. As special
parents, they may be made liable for acts or omissions of students or
pupils which cause injury or damage to another. The obligation to look
after minor children and ensure their safety while in school was imposed
on schools, administrators and teachers by the Family Code of the
Philippines which took effect on August 4, 1988.
Thus, parents who no longer have control over the acts of their minor children when their custody is with the school are relieved of responsibility for the acts of their minor children that result in injury or harm to another student or any other person.
The Family Code laid upon the doorstep of schools, administrators and teachers the obligation to shoulder liability for damages caused by minor students while they are in the school’s custody because they become the special parents of minor students. But when a student or pupil is no longer a minor and causes injury to another while in school, who becomes liable for the damage he causes? The law says that if the child is still unemancipated, and living in the parental authority of his parents, then his parents become liable. However, if a student is already an adult and no longer living with his parents he, himself, becomes liable for any injury or harm he may cause to another.
The obligation of schools over their students was expanded even further by the Anti-Bullying Act of 2013 signed into law by President Benigno S. Aquino III on September 12. This law states that all elementary and high school principals and administrators must craft and adopt policies against bullying and must ensure that they are implemented. The new law mandates all elementary and high schools to immediately respond to and investigate when bullying is reported. Apart from imposing disciplinary sanctions on the perpetrator, they are directed to report the matter to the police if the bullying amounted to a crime such as infliction of physical injuries, grave threats, slander, or others. Then they are obliged to carry out a rehabilitation program for the bully and exert efforts to involve the bully’s parents.
Bullying can come in many forms like taunting a classmate either orally or through text messages or by any other electronic means; employing unwelcome physical acts such as pushing, shoving, punching, headlocks, kicking, tickling and using any object as a weapon to cause harm. Bullying can also be committed by the uttering of slanderous statements or accusations that causes emotional stress. Bullying can also be any other act that causes damage to the psyche or emotional well-being of a person.
In many cases of bullying, especially those that are committed continuously over time, while the act may not visibly result in the immediate injury of the victim, the perpetrators and the school may still be liable if no action was taken by the school authorities. In many cases the victim normally still goes home yet, when he can no longer take the bullying, he either falls into depression and can no longer function normally, or takes his own life. Hundreds, if not thousands, of victims of bullying have committed suicide.
Bullying is committed within the school ground itself, places rented by the school for an activity, in its vicinity or periphery, inside a school bus or in bus stops or outside the school through electronic means such s text messages or tweets, etc.
When a school fails to do what is mandated by the Anti-bullying Law, the Department of Education may suspend its authority to operate or be subjected to other sanctions.
Bullying may not seem as prevalent in the Philippines as in the United States, the United Kingdom, Japan or other advanced countries where many cases of suicide have been reported due to bullying by their classmates or schoolmates. But the problem does exist and the numbers are growing. The Education Department has reported recently that a majority of cases involving child abuse have turned out to be the direct consequence of bullying in school.
The responsibility of schools, teachers and administrators is immense. Since they exercise special parental authority over children while they are in their custody, they could be held civilly liable for damages caused by their students, in accordance with the Family Code, and may even be suspended from operating their schools under the Anti-bullying Law.
source: Manila Standard Column Rita Linda Jimeno
Thus, parents who no longer have control over the acts of their minor children when their custody is with the school are relieved of responsibility for the acts of their minor children that result in injury or harm to another student or any other person.
The Family Code laid upon the doorstep of schools, administrators and teachers the obligation to shoulder liability for damages caused by minor students while they are in the school’s custody because they become the special parents of minor students. But when a student or pupil is no longer a minor and causes injury to another while in school, who becomes liable for the damage he causes? The law says that if the child is still unemancipated, and living in the parental authority of his parents, then his parents become liable. However, if a student is already an adult and no longer living with his parents he, himself, becomes liable for any injury or harm he may cause to another.
The obligation of schools over their students was expanded even further by the Anti-Bullying Act of 2013 signed into law by President Benigno S. Aquino III on September 12. This law states that all elementary and high school principals and administrators must craft and adopt policies against bullying and must ensure that they are implemented. The new law mandates all elementary and high schools to immediately respond to and investigate when bullying is reported. Apart from imposing disciplinary sanctions on the perpetrator, they are directed to report the matter to the police if the bullying amounted to a crime such as infliction of physical injuries, grave threats, slander, or others. Then they are obliged to carry out a rehabilitation program for the bully and exert efforts to involve the bully’s parents.
Bullying can come in many forms like taunting a classmate either orally or through text messages or by any other electronic means; employing unwelcome physical acts such as pushing, shoving, punching, headlocks, kicking, tickling and using any object as a weapon to cause harm. Bullying can also be committed by the uttering of slanderous statements or accusations that causes emotional stress. Bullying can also be any other act that causes damage to the psyche or emotional well-being of a person.
In many cases of bullying, especially those that are committed continuously over time, while the act may not visibly result in the immediate injury of the victim, the perpetrators and the school may still be liable if no action was taken by the school authorities. In many cases the victim normally still goes home yet, when he can no longer take the bullying, he either falls into depression and can no longer function normally, or takes his own life. Hundreds, if not thousands, of victims of bullying have committed suicide.
Bullying is committed within the school ground itself, places rented by the school for an activity, in its vicinity or periphery, inside a school bus or in bus stops or outside the school through electronic means such s text messages or tweets, etc.
When a school fails to do what is mandated by the Anti-bullying Law, the Department of Education may suspend its authority to operate or be subjected to other sanctions.
Bullying may not seem as prevalent in the Philippines as in the United States, the United Kingdom, Japan or other advanced countries where many cases of suicide have been reported due to bullying by their classmates or schoolmates. But the problem does exist and the numbers are growing. The Education Department has reported recently that a majority of cases involving child abuse have turned out to be the direct consequence of bullying in school.
The responsibility of schools, teachers and administrators is immense. Since they exercise special parental authority over children while they are in their custody, they could be held civilly liable for damages caused by their students, in accordance with the Family Code, and may even be suspended from operating their schools under the Anti-bullying Law.
source: Manila Standard Column Rita Linda Jimeno
Saturday, July 27, 2013
Any form of violence against women and their children is illegal
Dear PAO,
My husband and I have been separated for several months already. Before he finally left our house, he abused me physically in front of our children. Can I still file a case for violation of RA 9262 against him even if months had passed since he harmed me? I was hesitant to file a complaint against him because I’m afraid that once I do, he will use his influence to take our children away from me.
VV
Dear VV,
The infliction of any form of violence against women and their children is strictly prohibited by law. Violence against women and their children refers to any act or 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, physical violence, sexual violence, psychological violence or economic abuse (Section 3(a), RA 9262).
The physical abuse that you suffered from your husband is clearly a form of violence punishable under Section 5 (a) of Republic Act 9262, to wit:
“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;
Xxx”
You may still file a complaint for violation of RA No. 9262 against your husband even if months had passed since he physically abused you. This shall be filed before the Office of the Prosecutor of the place where he abused you. Forms of violence under Sections 5(a) to 5(f) may be filed within twenty (20) years from the commission of the act (Section 24, RA 9262).
As regards your concern with the deprivation of custody of your children, Section 34 of RA No. 9262 specifically provides that the women-victims of violence shall be entitled to the custody and support of their 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. Even a victim who is suffering from battered woman syndrome shall not be disqualified from having custody of her children. In no case shall the custody of minor children be given to the perpetrator of a crime against a woman who is suffering from Battered Woman Syndrome.
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
source: Manila Times Column of Atty Persida Acosta
RA 9262 - Anti-Violence Against Women and Their Children Act of 2004
My husband and I have been separated for several months already. Before he finally left our house, he abused me physically in front of our children. Can I still file a case for violation of RA 9262 against him even if months had passed since he harmed me? I was hesitant to file a complaint against him because I’m afraid that once I do, he will use his influence to take our children away from me.
VV
Dear VV,
The infliction of any form of violence against women and their children is strictly prohibited by law. Violence against women and their children refers to any act or 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, physical violence, sexual violence, psychological violence or economic abuse (Section 3(a), RA 9262).
The physical abuse that you suffered from your husband is clearly a form of violence punishable under Section 5 (a) of Republic Act 9262, to wit:
“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;
Xxx”
You may still file a complaint for violation of RA No. 9262 against your husband even if months had passed since he physically abused you. This shall be filed before the Office of the Prosecutor of the place where he abused you. Forms of violence under Sections 5(a) to 5(f) may be filed within twenty (20) years from the commission of the act (Section 24, RA 9262).
As regards your concern with the deprivation of custody of your children, Section 34 of RA No. 9262 specifically provides that the women-victims of violence shall be entitled to the custody and support of their 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. Even a victim who is suffering from battered woman syndrome shall not be disqualified from having custody of her children. In no case shall the custody of minor children be given to the perpetrator of a crime against a woman who is suffering from Battered Woman Syndrome.
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
source: Manila Times Column of Atty Persida Acosta
RA 9262 - Anti-Violence Against Women and Their Children Act of 2004
Saturday, July 6, 2013
Stepchild entitled to green card despite mother’s fixed marriage
Recently, the Board of Immigration Appeals (BIA) ruled that a child
could receive a green card through a step parent’s petition, even if the
child’s natural parent is not eligible (because the child’s parent had
previously entered into a fixed marriage). This is great news for people
who have children (from previous marriages/relationships) and later
married US citizens while their children are less than 18 years of age,
because even though the parent may not be eligible for a green card, their minor children could still be petitioned.
In that particular case, a US citizen married the child’s mother before the child’s 18th birthday (thus creating a stepchild relationship). The American then filed petitions on behalf of the child’s mother (as his wife), and the child (as a stepchild).
However, the mother had a prior marriage, to a different American citizen, which USCIS concluded was “fixed.” (Under Section 204(c) of the Immigration and Nationality Act, if a person has ever been found to have entered into a fixed marriage, that person is “blacklisted for life,” and no future petition can be approved on his or her behalf). Accordingly, the USCIS denied the spousal petition, and also denied the child’s petition because “the stepparent relationship to the beneficiary was no longer valid.” In other words, because the petition for the child’s mother was denied, USCIS also denied the child’s petition.
The BIA ruled that the plain language of section 204(c) applies only to an alien who sought to be accorded, or was accorded, status as a “spouse,” based on a marriage found to have been entered into for the purpose of evading the immigration law: “We therefore conclude that section 204(c) does not apply to the beneficiary and does not bar the approval of a visa petition filed on his behalf by the petitioner to accord him status as a stepchild.” The fixed marriage ban, therefore, does not apply to anyone other than the alien spouse who entered into the fixed marriage, and should not apply to step children.
If you married a US citizen before your child’s 18th birthday, but for one reason or another, you are not eligible to be petitioned (i.e. because of prior finding of a fixed marriage, criminal conviction, deportation order, etc.), your child may still be petitioned by your US citizen spouse, as a stepchild. However it is important to note that the marriage to the petitioner/stepfather must be “real” and “valid.” In the above case, the mother’s previous marriage was fixed, but this second marriage to the American-petitioner was for love and in good faith.
If your situation is similar to this case, you may want to seek the advice of an attorney who can evaluate your circumstances, and even if you cannot safely be petitioned, maybe there is hope for your child, while you’re still married to, and in love with, your American citizen spouse.
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In that particular case, a US citizen married the child’s mother before the child’s 18th birthday (thus creating a stepchild relationship). The American then filed petitions on behalf of the child’s mother (as his wife), and the child (as a stepchild).
However, the mother had a prior marriage, to a different American citizen, which USCIS concluded was “fixed.” (Under Section 204(c) of the Immigration and Nationality Act, if a person has ever been found to have entered into a fixed marriage, that person is “blacklisted for life,” and no future petition can be approved on his or her behalf). Accordingly, the USCIS denied the spousal petition, and also denied the child’s petition because “the stepparent relationship to the beneficiary was no longer valid.” In other words, because the petition for the child’s mother was denied, USCIS also denied the child’s petition.
The BIA ruled that the plain language of section 204(c) applies only to an alien who sought to be accorded, or was accorded, status as a “spouse,” based on a marriage found to have been entered into for the purpose of evading the immigration law: “We therefore conclude that section 204(c) does not apply to the beneficiary and does not bar the approval of a visa petition filed on his behalf by the petitioner to accord him status as a stepchild.” The fixed marriage ban, therefore, does not apply to anyone other than the alien spouse who entered into the fixed marriage, and should not apply to step children.
If you married a US citizen before your child’s 18th birthday, but for one reason or another, you are not eligible to be petitioned (i.e. because of prior finding of a fixed marriage, criminal conviction, deportation order, etc.), your child may still be petitioned by your US citizen spouse, as a stepchild. However it is important to note that the marriage to the petitioner/stepfather must be “real” and “valid.” In the above case, the mother’s previous marriage was fixed, but this second marriage to the American-petitioner was for love and in good faith.
If your situation is similar to this case, you may want to seek the advice of an attorney who can evaluate your circumstances, and even if you cannot safely be petitioned, maybe there is hope for your child, while you’re still married to, and in love with, your American citizen spouse.
* * *
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The shame of secret jails for child prisoners
Afew weeks ago, I visited yet again several child detention centers
and police holding cells around Metro Manila with the Preda Foundation
social workers. We found two small girls, 13 and 14 years of age behind
bars looking out tearfully; and next to their cell was an adult male
prisoner reaching through the steel bars beside them. They were
terrified. The cell of the children had no beds, curtains, toilet, just a
bucket in the corner and no privacy. It was terrible. One had been
charged with stealing food, the other for kidnapping a child. An adult
told her to bring a baby to another place. She was arrested. Immediately
we began legal action to have them released to the Preda Girl’s Home.
In another child detention center on the other side of Metro Manila, we found three small girls, from 6 to 12 years of age, locked in a room with male teenage boys. The place was bare and empty: no beds, chairs, showers, just a single toilet in the corner. It was a depressingly empty detention room.
Preda began negotiations with the Center Head to have the girls taken out of that detention holding room. It was no easy task. They were oblivious of the danger of sexual molestation to the small children. The Mayor received US$58,500,00 from the national government’s Department of Social Welfare and Development (DSWD) to build a home for the children but as yet, only another room in the same building is being renovated.
In other jails, we found many more young minors behind bars without proper recreation, education, exercise, food, sanitation and legal assistance. This is the secret shame of the Philippines, hidden away from the media and the public. Hundreds if not thousands of children suffer the humiliation and deprivation of sub-human jail conditions every year.
More must be done to change the system that locks up children without care and education and respect for their human and child rights. It is similar in many developing countries.
Philippine government, NGOs, churches, and international aid agencies and charities are giving too little funds and advocacy to challenge and stop the gross violation of children’s rights in the jails around the Philippines where thousands of children suffer time behind bars in dehumanizing conditions not fit for animals.
It is much the same in other developing countries and much more has to be done by Unicef and the World Health Organization to pressure governments to change and transform the whole system of recovery and stop jailing children.
I can write from experience on this because of the success of the Preda social workers getting the children out of jails and transferring the custody to their parents and relatives or to the Preda Home for Boys in Castillejos, Zambales and to the Preda Home for Girls.
As many as 138 teenage youth were transferred to Preda coming from jails in Metro Manila in 2012 alone. Several small girls were rescued and helped to recover and find a new home safe from the abusers.
The boys or girls are released by court order and transferred to the Preda centers. This takes much time and expense. The more preferable way to release the child is before charges are filed against them by the recommendation of the municipal social worker using the diversion provision in the law. They are released from the fetid life threatening conditions of prisons and given a new start in life.
The Preda Home for Boys and Home for Girls are far from each other, but they are in a place of natural beauty, open countryside, where they can recover in dignity, where they are respected and cared for. Their faith in themselves and their self-worth is restored. Their trust in adults is healed.
The reason why there are so many children treated like criminals and jailed with them is because the public and the authorities have a very wrong attitude and perception of children in conflict with the law (CICL). The public have been misled by sensationalized tabloid media and the baseless statements of the police.
I have challenged police generals at a Senate hearing to go after the gang leaders of criminal gangs that abuse and force children to commit crimes. It’s so easy to arrest a child but are the police scared to go against the real criminals? Surely not, they are brave and courageous, they’re not into thinking that the street children are all thieves, robbers and even murderers or members of adult crime syndicates and deserve punishment and life behind bars. A nation is judged civilized, developed and moral not by the number of malls it has but by the way it treats children and women. We have a long journey ahead. Email shaycullen@preda.org; send letters to: St. Columbans, Widney Manor Road, Solihull, B93 9AB.
(Fr. Shay’s columns are published in The Universe, The Manila Times, in publications in Ireland, the UK, Hong Kong, and on-line.)
source: Manila Times's Column of Reflections by Fr. Shay Cullen
In another child detention center on the other side of Metro Manila, we found three small girls, from 6 to 12 years of age, locked in a room with male teenage boys. The place was bare and empty: no beds, chairs, showers, just a single toilet in the corner. It was a depressingly empty detention room.
Preda began negotiations with the Center Head to have the girls taken out of that detention holding room. It was no easy task. They were oblivious of the danger of sexual molestation to the small children. The Mayor received US$58,500,00 from the national government’s Department of Social Welfare and Development (DSWD) to build a home for the children but as yet, only another room in the same building is being renovated.
In other jails, we found many more young minors behind bars without proper recreation, education, exercise, food, sanitation and legal assistance. This is the secret shame of the Philippines, hidden away from the media and the public. Hundreds if not thousands of children suffer the humiliation and deprivation of sub-human jail conditions every year.
More must be done to change the system that locks up children without care and education and respect for their human and child rights. It is similar in many developing countries.
Philippine government, NGOs, churches, and international aid agencies and charities are giving too little funds and advocacy to challenge and stop the gross violation of children’s rights in the jails around the Philippines where thousands of children suffer time behind bars in dehumanizing conditions not fit for animals.
It is much the same in other developing countries and much more has to be done by Unicef and the World Health Organization to pressure governments to change and transform the whole system of recovery and stop jailing children.
I can write from experience on this because of the success of the Preda social workers getting the children out of jails and transferring the custody to their parents and relatives or to the Preda Home for Boys in Castillejos, Zambales and to the Preda Home for Girls.
As many as 138 teenage youth were transferred to Preda coming from jails in Metro Manila in 2012 alone. Several small girls were rescued and helped to recover and find a new home safe from the abusers.
The boys or girls are released by court order and transferred to the Preda centers. This takes much time and expense. The more preferable way to release the child is before charges are filed against them by the recommendation of the municipal social worker using the diversion provision in the law. They are released from the fetid life threatening conditions of prisons and given a new start in life.
The Preda Home for Boys and Home for Girls are far from each other, but they are in a place of natural beauty, open countryside, where they can recover in dignity, where they are respected and cared for. Their faith in themselves and their self-worth is restored. Their trust in adults is healed.
The reason why there are so many children treated like criminals and jailed with them is because the public and the authorities have a very wrong attitude and perception of children in conflict with the law (CICL). The public have been misled by sensationalized tabloid media and the baseless statements of the police.
I have challenged police generals at a Senate hearing to go after the gang leaders of criminal gangs that abuse and force children to commit crimes. It’s so easy to arrest a child but are the police scared to go against the real criminals? Surely not, they are brave and courageous, they’re not into thinking that the street children are all thieves, robbers and even murderers or members of adult crime syndicates and deserve punishment and life behind bars. A nation is judged civilized, developed and moral not by the number of malls it has but by the way it treats children and women. We have a long journey ahead. Email shaycullen@preda.org; send letters to: St. Columbans, Widney Manor Road, Solihull, B93 9AB.
(Fr. Shay’s columns are published in The Universe, The Manila Times, in publications in Ireland, the UK, Hong Kong, and on-line.)
source: Manila Times's Column of Reflections by Fr. Shay Cullen
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