Succor in Law, Solace in Justice for Distressed OFW Victims of Sex Exploitation

The recent furor over the sex-for-flight and prostitution ring scandals exposed by Akbayan Partylist Representative Walden Bello in public accusing Welfare Officers of Philippine Consulate Offices abroad of soliciting sexual favors from distressed Filipino workers has gradually, nay reluctantly, goaded the victims to come out into the open.

These pitiful and tormented compatriots have all the reasons to be wary and apprehensive. For sure, before they were sexually abused they would have been threatened of all sorts of retribution if they squealed or filed a complaint. After all, what’s not to be afraid of? These sex predators are sick in the head.

A published call from DFA Secretary Albert Del Rosario on the victims “out there” to come forward and formally file charges to bring the culprits to justice, and correct this horrible episode in our Foreign Service chapter, has drawn one victim to implicate one Saudi-hosted Philippine Consulate official of waylaying her to his home instead of depositing her in the official welfare shelter of foreign service office. Dastardly!

Many are expected to follow suit, and finally decide to break their silence and demand justice. We encourage them.

By doing so, they not only seek closure to this dark and harrowing experience they endured and move on after, they also help lay a safer foundation for the hundreds of thousands that are still out there and the thousands more that are yet to join the ranks of OFW.

For certain the victims deciding to come out will need legal representation, and DFA or POEA may not accommodate all. It is in this spirit, and in an expression of my solidarity with their plight, that I offer my hours to them and I implore my companeros to do the same.

Let us give them our compassionate and free legal service if only to convey that they have us and many others on their side. They have nothing to be ashamed of, and the Filipino nation and its people are proud of their sacrifices, and it cannot and will not turn its back on them in their time of need.

TO OUR COMPATRIOTS WHO HAVE BEEN VICTIMIZED IN THIS DESPICABLY FILTHY SCHEMES, CALL OR TEXT THE NUMBER, OR EMAIL TO THE ADDRESS SHOWN ON THE SIDE BAR FOR LEGAL HELP.

TO MY COMPANEROS WHO WANT TO EXTEND THEIR FREE SERVICE AND WANT TO ENLIST THROUGH THIS SITE CALL THE SAME NUMBER AND I WILL PUT YOU IN THE POOL. I THANK YOU IN ADVANCE.

Published also on  OutReggies Views

Bail; When a Matter of Right, a Matter of Discretion

RTC	MTC	Where Filed
Bail is a matter of right before conviction, where the penalty for the offense is NOT death, life, reclusion perpetua Cannot be denied, though bail may be increased Bail as matter of discretion means that there has already been a conviction, where the penalty is NOT death, life, reclusion perpetua. Rule 114, Sec. 5 2nd par. Provided none of the ff conditions exists: Habitual delinquent; Recidivist; quasi-recidivist; a flight risk; reiteracion; previous escapee from legal confinement; evaded sentence; violated condition of bail; committed offense while under probation; under or had gone parole or conditional pardon; undue risk of committing another crime during the pendency of an appeal. If none of the foregoing is present, accused is entitled to bail as a matter of discretion. If any one of the circumstances enumerated is present, the accused is NOT entitled to bail. SB cases	Bail is a matter of right before &/or after conviction;	In the court where the action is pending; Any RTC or MTC in the absence or unavailability of the judge where the action is pending (must be supported by a cert. of absence or unavailability) Where arrested in city/mun/prov other than where the case is pending, apply with RTC judge of city/mun/prov of arrest, or MTC in the absence & unavail of RTC Where bail is a matter of discretion or on recognizance, it can only be applied for with the court where the case is pending For warrantless arrest (no case is filed yet) may apply with any RTC or MTC in the former's absence/unavail of the city/mun/prov of arrest. The latter then transmits the record of the appl for bail to the court where action is pending. Judge is not bound by the bail; hence may require a new bail. Apply with SB. Only where accused is arrested outside of MM that he can apply with court other than SB.
Note: the court acquires jurisdiction over the person by arrest or voluntary surrender. Non-bailable offense is different from bail as a matter of discretion. In the latter, there is already a conviction. In the former, no conviction & there must be filed a petition which will be heard summarily, in which prosecution must prove that the evidence is strong, otherwise accused should be released. Arraignment is not a prerequisite to petition for bail. (Serapio V SB) Once there's deprivation of liberty, petition for bail may be filed. Sickness & old age may be made a condition of the bail: waiver of appearance for as long as accused commits to appear for purposes of identification. rule 115 Ss(c) The appellate court's denial of bail pending appeal where none of the circumstances exist does not by itself constitute grave abuse of discretion. (Leviste V. CA.) If the offense charged is originally non-bailable, and after conviction it became bailable, accused can only apply for bail with the appellate court.( Leviste V. CA) In practice, bail is hardly granted, if at all, until after an information has been filed with the court. So you have to push for its filing from inquest prosecutor so you can apply for bail. Forfeiture of Bail bond. If the accused is absent despite notice, the judge shall order the bondsman to bring him to court within 30 days and explain why he failed to appear. However, in practice, if an accused out on bail fails to appear, the judge will ask the pros for its pleasure, and the pros (taking cue from the judge) will manifest for issuance of warrant for the accused's arrest and forfeiture of the bail. Cancellation of Bail bond. Voluntary where the accused died, surrendered. Automatic where the accused is convicted, dismissed, or acquitted. Bail bond becomes ineffective after judgment is final & executory, unless probationable. In the latter case, accused may be released on original bail.

Notes on Service and Filing Tabular

Service and Filing. The rule is personal service upon the party or counsel. Otherwise, there should be an explanation. Distinction between substituted service under Rule 13 and Rule 14

Mode	Proof	Rule 13: Pleading, Filing, & court processes	Rule 14 SUMMONS
Personal Service Note: Service is not made only by party/ies to opposing party/ies, the court also makes service upon parties of judgment; decision, orders, etc.	1. Written admission; 2. Official Return (for service made by the court [sheriff's return/process server]); Service is deemed completed upon actual receipt 3. Affidavit (if there is refusal to receive service)	1. Personal receipt by party or counsel; 2. By leaving a copy at the residence of the party with a person of suitable age & discretion, residing therein; 3. By leaving a copy with a person in-charge at the office of the party or counsel.	1. Personal receipt by party or counsel;
Substituted Service		Failure of both personal service, & service by registered mail. Prepare an affidavit stating the foregoing & submit the unserved documents to the court.(Sec. 8)	1. By leaving a copy at the residence of the party with a person of suitable age & discretion, residing therein; 2. By leaving a copy with a person in-charge at the office of the party or counsel.
By mail: ordinary Registered	1. Affidavit of the person mailing stating the time, place, date of mailing; Service is deemed completed upon the expiration of 10 days 2. Registry receipt issued by the mailing office (Romulo V Peralta) Service is deemed completed upon actual receipt, or upon the expiration of 5 days from first notice, whichever comes first If the registered mail is received by the addressee, the sender will receive a registry return card. This should be filed with the court as proof of service. If the registered mail is not received by the addressee, the sender will receive not only a registry return card, but the document/mail matter as well. These should be filed with the court as proof of service, plus secure from the postmaster a certification as to the reason for the return.	Sending through the postal service (stamped mail) Date of mailing is date of service Issued with a registry receipt which must be preserved for later presentation. The date of mailing is deemed the date of service, or date of filing if what is mailed is the filing/fee.
Filing Personal	The document appears in the record of the court. You only resort to your "received" copy when the record does not bear out your document.	By submitting by hand to the clerk of court, who in turn stamps acknowledgment, dates & duly signs on the face of the document
By registered mail	1. Affidavit of the person mailing stating the time, place, date of mailing; 2. Registry receipt issued by the mailing office (Romulo V Peralta)	The date of mailing is the date of filing

 
 

Tabular Presentation of Distinction Between Criminal and Civil Procedures

Distinction between Criminal and Civil Procedure:

Criminal Procedure	Civil Procedure
Presumption of innocence applies	Presumption of innocence does NOT apply
In criminal negligence, there is no presumption of negligence, because it is a criminal case, though committed by culpa.	There is presumption of negligence in civil case: Arts. 2184, 2185, 2188, 1756, 1735, common carriers.
Prosecutor has the burden of proof	Both have the duty to prove claim & defenses
Quantum of evidence is proof beyond reasonable doubt or moral certainty	Quantum of evidence is preponderance or superior weight of evidence; Administrative: substantial evidence or adequate to support a conlusion; Quantum of evid not found in the rules but in jurisprudence: US vs Purugganan (bail), Provisional Govt of HK vs Judge Olalia: Clear & convincing evid – below proof beyond reasonable doubt but above preponderance of evid. It is used to destroy rebuttable presumption, to disbar a lawyer, evidence in bail hearing, and in extradition cases;
Doctrine of double jeopardy	Doctrine of res judicata
Cause of action is owned by the State: People of the Phils V. Juan dela Cruz	Cause of action by private party to a contract Indl v indl
2 liabs are litigated: criminal & civil (art 100 RPC)	Only one liability is litigated: i.e. civil.
Concept of bail applies	Concept of bail does NOT apply
Concept of arrest applies	Concept of arrest does NOT apply
Concept of Prelim Investigation (PI) applies	Concept of PI does NOT apply
Penalty is or includes imprisonment	No imprisonment, instead damages, spec perf,
Pre-trial (mandatory). The court sets for pre-trial after arraignment, and w/in 30 days after jurisdiction is acquired over the accused. (rule 118)	Pre-trial (mandatory). Plaintiff moves (as a duty) for pre-trial ex-parte after last pleading has been filed (Rule 18) Other term for pre-trial is prelim conference. In fact this term is used in rules on summary proc.
There may also be pre-trial on appeal (CA)r47,r48, SC r56,
Amicable settlement of crim liab is NOT allowed, only the civil aspect of a criminal case	1st purpose of pre-trial is amicable settlement
An offer to compromise criminal liability may be received in evidence as an implied admission of guilt (S27(2), R130) Criminal liability that may be compromised is that which arise from culpa (crim negl) or quasi offenses or those allowed by law to be compromised	An offer to compromise is not an admission of liability, & is not admissible in evidence against the offeror (S27(1), R130)
AM 03-1-09SC All agreements or admissions made or entered into during pre-trial conference must be reduced in writing, signed by the accused & counsel. Otherwise they cannot be used against the accused.	Agreements must be signed by parties and counsels, but No such provision that if not signed they can’t be used against a party
Summoned to attend are the pros & defense counsel, NOT the plaintiff or defendant. Offender could be in jail; victim (in case of homicide) is dead.	Plaintiff absent at pre-trial; court may dismiss complaint; Defendant absent at pre-trial; court may allow presentation of evidence ex-parte
Before entering a plea : Motion for BoP (S9,R116) in order to plead & prepare for trial; Question the legality of arrest, or the absence of Preliminary Investigation; Move for suspension of arraignment, on grounds: The accused is of unsound mind; There is a petition for review filed w/the DOJ Sec.	Motion for BoP in order to prepare a responsive pleading

 

Tabular Presentation of Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages

Below is a tabular presentation of the above-subject Rule, or you can read the complete text of the approved Rule as Resolved by the Supreme Court here.

I hope this finds practical use for beginning law practitioners and bar reviewers.

I was toying with the idea that everything academic can be better presented in tables, utilizing the “four wives and a husband” model (What, Who, When, Where, How), making it less verbose and appear more graphic, thus, easier to remember. At least, it suits me, so here’s experimenting on its effectiveness.

WHAT	WHO	WHERE	WHEN	HOW
Petition for Declaration of Nullity of Void Marriages Petition for Annulment of Voidable Marriages	Petitioner-Spouse; exclusive to the spouses, including OFW-spouse while abroad. Cannot be filed by atty.-in-fact, nor solely by counsel.	Family Court of the Province where the petitioner or the respondent has resided for the last 6 mos. prior to filing at the election of the petitioner. For non-resident respondent, where he/she may be found in the Philippines at the election of the petitioner.	For Void Marriages: Imprescrip-tible. For voidable marriages: 5 years; Before age of majority; During lifetime; Copies for SolGen & Pros must be served upon them w/in 5 days fr date of filing	By Filing personally or by counsel: For void marriages, anytime; action is imprescriptible For voidable marriages: By contracting party whose parent, guardian, or person having legal charge (pgphlc) did not give consent, w/in 5 yrs., after turning 21 unless he/she freely cohabited w/the other. By pgphlc of the contracting party, anytime before the latter turns 21. By sane spouse, pgphlc, or relative of insane, at anytime before death of either party; by insane during lucid internal, unless after coming to reason, petitioner cohabited w/the other; By injured party whose consent was obtained by fraud, w/in 5 yrs. from discovery, unless he/she freely cohabited w/the other. By injured party whose consent was obtained by force, intimidation, or undue influence, w/in 5yrs fr. disappearance/ceasing of foregoing, unless he/she freely cohabited w/the other. By injured party where the other spouse is incapable (continuing & incurable) of consummating the marriage, w/in 5 yrs. By injured party where the other is afflicted with a sexually-transmissible disease (serious & incurable) w/in 5 yrs. after celebration of marriage. By Serving copies upon SolGen and Prov’l or City Pros.
Verification & Certification of Non-Forum Shopping (VCNFS)	Petitioner-Spouse Personally	Same court (attached to the petition)	Contempo-raneous with the petition	Must be personally signed by petitioner If petitioner is abroad, VCNFS must be authenticated by authorized officer of Phil. Embassy or legation, consul-gen., consul, or vice-consul or consular agent.
Summons	Court Sheriff	See Rule 14 RoC; Wherever respondent is found, at his office, or at his residence.	Upon filing of petition and payment of filing fee	By personal service upon respondent, or if refused, by tendering it; By substituted service; With leave of court, by publication once a week for 2 consecutive weeks in a NGC, and a copy of summons served by registered mail at respondent’s last known address
Answer/ counter-petition No motion to dismiss is allowed	Respondent	Same court; service at the residence or office address; either personally or by registered mail	Within 15 days from receipt of petition; or w/in 30 fr last issue of publication	By filing in court. Answer must be verified by respondent himself & not by counsel of attorney-in-fact. By serving upon the petitioner. No declaration of default on respondent who failed to answer.
Where no Answer is Filed or if the answer does not tender an issue	Court	Same Court	Upon receipt or upon lapse of time for filing therefor.	By ordering the Pros. to conduct an investigation if there is collusion between parties
Investigation report	Pros.	Same court	w/in 30 days from order of court upon receipt of report	By stating in the report WoN collusion exists; serving copies on parties & respective counsels ; If court is convinced of the existence of collusion, dismisses the case. May require a social worker to conduct case study & submit report 3 days before pre-trial
Pre-Trial Conference (Mandatory)	Petitioner, on motion, or the court, motu proprio	Court where filed	Upon receipt of the report of pros that no collusion exists, or after last pleading is served	By issuing a notice of pre-trial to the parties, their counsels, & public pros., directing them to appear at, and to file their respective pre-trial briefs at least 3 days before, pre-trial. Court may dismiss the petition if petitioner fails to appear; Court may refer the issue to a mediator on matters not prohibited by law; Court may also require a social worker to conduct a case study.
Trial	Parties	Same Court	Date set by court	By Petitioner proving the ground for the petition, and respondent opposing the same;   Court may exclude all persons from the courtroom, including press, and all who do not have a direct interest in the case.
Decision	Court/Judge	Same Court	After trial proper	By the Judge/court rendering a decision (not yet, and different from, the decree of annulment) whether granting or dismissing the petition. The same becomes final after a lapse of 15 days from notice to parties.   Parties and Sol gen/public pros are furnished personally or by registered mail.   If respondent is Summoned by publication, and failed to appear, the dispositive portion of the decision shall be published once in a NGC.
Appeal	Aggrieved party/Sol Gen	Same/appe-llate  Court	w/in 15 days fr notice, or denial of MR/NT	By the aggrieved party or Sol Gen filing an appeal from the decision of the trial court, only if and after a denial of MR/NT.   By appellant serving copies on adverse parties.
Liquidation partition & Distribution	Court	Same court	Upon entry of judgment	By proceeding with or determining the liquidation, partition, distribution of properties of spouses, including custody, support of common children, and delivery of presumptive legitimes.
Issuance of Decree	Court	Same court	After registration / delivery	By issuing the Decree AFTER: Registration of entry of judgment declaring the nullity or annulment of marriage in the Civil Registry where marriage was celebrated & where Family Court is located;   Registration of approved partition and distribution of properties in the proper Registry of Deeds where properties are located;   Delivery of presumptive legitimes in cash, or sound securities;   Note: Except for petitions under Articles 36 and 53 of the Family Code, the court shall order the Local Civil Registrar to issue an amended birth certificate indicating the new civil status  (illegitimate) of the children affected.
Registration of Decree	Court	Same court	After issuance of Decree	By ordering the registration of the Decree in the Civil Registry where the marriage was celebrated & where the court is located, and in the National Census and Statistics Office.