support to the children, that she might be mauled or killed by her husband,
that the children are hurt as the brunt on the male’s ego, that there is
consciousness for shame and the undecisiveness to pursue the case.
Owing to the circumstance on the pandemic, seven (7) judges within the
región were invited to be respondents to this research and one declined, as
six (6) judges were asked on the duration of the legal proceedings in court.
Here are their responses:
“The accused during pre(-trial) will ask for resetting due to the possibility
of plea bargaining and the private complainant cannot decide yet” (JudgeRespondent 3, Personal Communication, October 27, 2020).
“Once into agreement, they enter into a plea bargaining into lowering the
degree of crime and the woman-complainant is undecisive” (JudgeRespondent 2, Personal Communication, October 28, 2020).
“Absence of respondent, postponement of lawyers, legal process from
arraignment/preliminary conference, then pretrial, mediation to preserve
family solidarity for possible settlement. Timetable is usually extended. If
no settlement of reconciliation the possible separation of property and
amount of support . All of these factors entails so much time to end the
litigation. Even if trial will ensue, the negotiation will not be hampered and
settlement will again be reopen either to delay of finally come up with the
final settlement” (Judge-Respondent 1, Personal Communication, October
26, 2020).
“Clogged court dockets due to first in, first out policy of courts” (JudgeRespondent 4, Personal Communication, October 27, 2020).
“Cases in violation of RA 9262 are assigned to the Family Courts. My court
is not one. However, one of my co-employees before filed a case against
her husband for her support and that of her children. One of the reasons
for the delay I noted in the speedy disposition is the earnest efforts taken
by the court to settle the differences among the members of the family.
Usually, the complainants are the wife and children. In some instances, the
father deals with the children separately from the wife. The lack of support
is a form of violence. Another reason is the ethnic/religious beliefs of the
litigants which allow the entry for compromises and settlement especially
if the elders intervene. Sometimes the police officers in the VAWC desk
take time to make their reports. Sometimes the prosecutors also fail to file
the case in court ASAP. These last two reasons come before the filing of the
information” (Judge-Respondent 5, Personal Communication, October 27,
2020).
20
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents