Tuesday, April 8, 2014

How Do Barangays Handle Cases of Violence Against Women



Sunstar Davao recently reported that every other day, a woman would seek for a barangay protection order in Davao City to protect them from abusive husbands. 

This is happening in just one barangay alone in this city of more than 180 barangays. 

What about in scores of other barangays, way up from Batanes down to Tawi-Tawi?

In the barangay where I served as a member of its Lupon Tagapamayapa, I handled and mediated such cases too with regularity, though our village is relatively small.

In these cases, I’ve encountered several instances of women asking for protection orders from their husbands for maltreatment.

What is a protection order?  How can it help women from further abuse by their husbands? 

Image Credit: Steven Meisel for Vogue Italia
According to the UP-based Family and Community Healing Center, a Barangay Protection Order is an order issued for the purpose of preventing further acts of violence against a woman or her child such as physical, sexual, and psychological violence, as well as economic abuse as specified by R.A. 9262.  

Its purpose is to safeguard the victim from further harm, minimize any disruption in the victim’s daily life, help the victim to independently regain control over her life.

The site is one valuable source of information for abused women to learn from and to protect them from cruel and abusive husbands.  It’ll guide them every step of the way on what to do in case they encounter such a situation, including how and where to file for a protection order. 

When mediating, I was not supposed to get involved personally and should always maintain a very objective attitude when settling family disputes.  However, in many instances, I can’t help from being biased in favor of the abused wife and their children.

It’s good that there’s a law for these women and children and we have the barangay government as the first line of defense to protect them.

It is a must for all barangay councils in the country to abide by the Magna Carta for Women and put up a desk dedicated to handling cases of violence against women. These councils are supposed to set aside a budget for the purpose.

The desk is tasked to give assistance and psycho-social support to women and to draft plans on women protection.

Most of the cases filed in the barangays are psychological abuse by partners, extramarital affairs of husbands, and physical abuse.  There are also cases of prostituting women and minors, inhumane condition for domestic helpers, and forced organ donation.

To minimize the incidents of women being victims of violence, the barangays need to have a program for empowering these women through community discussions and lectures on how to deal with abusive husbands.  They should also be taught on how to fend for themselves so that they’re not totally dependent on the income of their spouses and partners.

Otherwise, the barangay halls will always be full of abused women and children and the scarce resources of the barangays stretched to the limits.

Wednesday, April 2, 2014

Why Do PDEA Agents Distrust Barangay Officials



This happened in a city in the Visayas but I guess it’s happening in many barangays elsewhere given our country’s widespread drug trafficking problem.

Panay News reported that the Philippine Drug Enforcement Agency (PDEA) had been pressuring barangay officials to cooperate in the campaign against drug trafficking.  

But in a recent sting operation, its operatives appeared to be distrustful of local leaders.

The council of a barangay in the city where a buy-bust operation was staged passed a resolution condemning PDEA agents.  The village officials complained that “the raiding team did not coordinate, inform or invite any member of the council” about their operations.


An agent of the Philippine Drug Enforcement Agency (right) leads 
a provincial board member out of the PDEA headquarters to a 

court to face charges for alleged illegal drug trade. GMA News.


But a PDEA regional director said that there was nothing illegal or irregular with what his men did.  He cited previous experiences that made his agents less trusting of barangay officials in anti-drug operations.      

Officially witnessing actual anti-drug operations or simply having authority over any government operations in a barangay is within the powers of barangay officials.  

This could be the reason why these officials accused PDEA of “knowingly, intentionally and unlawfully” not observing and following the prescribed rules and procedures in buy-bust operations.

But another set of laws seems to be in favor of PDEA in a way.  Section 21 of Republic Act 9165 (Comprehensive Dangerous Drugs Act) did not require witnesses in anti-illegal drug operations to be from a subject barangay.

The experience of the agency showed many instances when barangay officials who witnessed buy-bust operations would deny having signed the inventory sheet of items recovered from drug suspects.  Some of them even claimed that their signatures were forged.

These incidents often led to dismissal of many cases filed against drug suspects.
Confidentiality of the drug operation is a prime consideration, according to the drug agency.

When staging sting operations, PDEA agents take into consideration several factors. This includes the possibility of barangay officials protecting the drug suspects.

According to one of its officials, “there should be no leaks as to when or where the PDEA agents would operate so as to deny drug suspects the chance of fleeing", reported Panay News.

Wednesday, March 26, 2014

Can Barangay Officials Carry Firearms?


A barangay official in Pampanga had been criticized recently when a photograph showed him carrying a long firearm while manning traffic along a portion of the national highway.



Sun Star Pampanga reported that the barangay official justified his actions by saying that he was just responding to a robbery incident where a couple were shot and robbed by robbers riding in motorcycles.
Photo credit news.am.



Besides "barangay executives may carry firearms during hot pursuit operations" he further justified.


Which I believe to be partly correct because the law indeed allows barangay chairmen to bear arms, subject to appropriate rules and regulations. 


But brandishing a firearm by someone not properly identified in a national highway could not only cause alarm to passing motorists but could also be technically wrong, or even illegal.  A national highway is no longer barangay territory although it may be passing through a barangay.


The barangay chairman in question cited Section 389 of the Local Government Code which states that "In the performance of his peace and order functions, the punong barangay shall be entitled to possess and carry the necessary firearm within his territorial jurisdiction, subject to appropriate rules and regulations".


Speaking of “appropriate rules and regulations”, what are these rules?  And who issue the rules?


One time I saw a barangay chairman signed documents on the firearms issued to him by the provincial capitol.  Was the provincial government the one issuing the firearm or was it just merely facilitating it for the PNP?


In another instance, I witnessed the issuance of shotguns several years back by a senator (now a congressman) to the barangays of a town.  I learned that this was from his CDF funds or more notoriously known as “pork barrel”.  This former senator turned congressman is the father of an ex-congressman who is currently subject of a COA investigation. 


But that is another story.


My point here is this, are congressmen allowed too to issue high-powered firearms such as shotguns to barangays?  


Unfortunately, one of these shotguns was not used according to “appropriate rules and regulations”.  It even cost the life of a barangay constituent. 


A barangay chairman of the town who received one of these shotguns allowed a tanod in his barangay to use it in his regular patrols.  Take note that Section 389 specifically prescribes that only the chairman is authorized to carry firearms. 


One time the barangay hall received a call that a drunk was creating trouble in the neighborhood.  When the tanod arrived at the area to pacify the troublemaker, he was attacked by the drunk with a bolo.  Acting in self-defense, he was forced to use the gun on the man, according to those who witnessed the incident. The man died instantly from the shotgun’s blast to his face.


Because of this incident, this tanod who’s obviously just doing his job is now facing charges and is only out on bail.  Not because rules on handling firearms in the barangay was the issue.  He’s in trouble because of the election ban on carrying of firearms during an election period! Talking of technicalities.


Anyway, this issue of carrying firearms by barangay officials makes me ask questions. 


What should be the protocols?  Are barangay chairmen the only ones that should be allowed by law to carry firearms?  Should it not extend to qualified tanods as well? 


When you hear about sightings of armed men roaming around in your neighborhood in the middle of the night and the tanods are helpless to do anything about it, you might say yes to the idea.


Considering the shortage of policemen in our country, arming the tanods could be one great way of preventing crimes in our communities.    


But then again utmost care must be taken when we allow this. 


First, there must be a “rethinking” in the way we recruit, train and deploy tanods or village watchmen or barangay police or whatever, before we ever think of the idea of arming them. 
Photo credit sz-n.com


Unlike in advanced countries with relatively low crime rates such as Switzerland where it is required for everyone to own and be well trained in handling of firearms, we are not yet ready and are too “primitive” for this.


Oh well, maybe it’s just wishful thinking, but what a nice wishful thought. 


Imagine, not even Hitler dared in World War II to invade this country of well-trained militias and where requiring everyone to have a firearm and be good at using it is the rule rather than the exception.


No wonder most of the Popes throughout history trust only the Swiss guards to protect them.