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101 additional leave for RA 9262 on Tue Aug 16, 2011 7:25 am

naomi_v2672


Arresto Menor
Hi,

I just was to share. If you have an RA9262 case filed, that entitles you to additional paid leaves, as per IRR of the sa said Act. I have requested that from our company and provided them the copy of the IRR, Certification from the Court that you have a pending case.

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102 Re: need help.. on Tue Aug 16, 2011 7:34 am

dream123


Reclusion Temporal
but my problem atty is that the IBP and PAO lawyers do not want to help me in filing another case because when they knew that i already filed a criminal case, they just told me to wait...

what should i do atty?

thanks so much.

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103 Re: need help.. on Tue Aug 16, 2011 7:36 am

dream123


Reclusion Temporal
naomi_v2672 wrote:Hi,

I just was to share. If you have an RA9262 case filed, that entitles you to additional paid leaves, as per IRR of the sa said Act. I have requested that from our company and provided them the copy of the IRR, Certification from the Court that you have a pending case.

hi naomi,

is it different from Solo parent leave? how may leaves are you entitled? can you send me the link on the said act? thanks!

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104 Re: need help.. on Tue Aug 16, 2011 7:48 am

naomi_v2672


Arresto Menor
[quote="ysaborja"]
naomi_v2672 wrote:Hi,
hi naomi,

is it different from Solo parent leave? how may leaves are you entitled? can you send me the link on the said act? thanks!

Yes it is different from Solo Parent!!! I have 30leave credits more than what the law required but the IRR said that is in addition to existing leaves. I just googled the IRR you might wanna check that!

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105 Re: need help.. on Tue Aug 16, 2011 7:50 am

naomi_v2672


Arresto Menor
“SEC. 43. Entitled to Leave. – Victims under this Act shall be entitled to take a paid leave of absence up to ten (10) days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations, extendible when the necessity arises as specified in the protection order.

Any employer who shall prejudice the right of the person under this section shall be penalized in accordance with the provisions of the Labor Code and Civil Service Rules and Regulations. Likewise, an employer who shall prejudice any person for assisting a co-employee who is a victim under this Act shall likewise be liable for discrimination”

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106 Re: need help.. on Tue Aug 16, 2011 7:52 am

naomi_v2672


Arresto Menor
RULES AND REGULATIONS IMPLEMENTING
REPUBLIC ACT NO. 9262,
OTHERWISE KNOWN AS
THE “ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN ACT OF 2004”
Pursuant to Section 46 of Republic Act No. 9262, “AN
ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR
VICTIMS, PRESCRIBING PENALTIES THEREFOR, AND FOR
OTHER PURPOSES” otherwise known as the “Anti-Violence Against
Women and Their Children Act of 2004,” the following rules and
regulations, having been approved by the Inter-Agency Council on
Violence Against Women and Their Children and the Implementing
Rules and Regulations (IRR) Committee are hereby promulgated:

RULE VI
MANDATORY PROGRAMS, SERVICES
AND ENTITLEMENTS FOR VAWC
VICTIM-SURVIVORS AND PERPETRATORS


Section 42. Ten-day paid leave in addition to other leave
benefits. - At any time during the application of any protection order,
investigation, prosecution and/or trial of the criminal case, a victim of
VAWC who is employed shall be entitled to a paid leave of up to ten
(10) days in addition to other paid leaves under the Labor Code and
Civil Service Rules and Regulations and other existing laws and
company policies, extendible when the necessity arises as specified
in the protection order.

The Punong Barangay/kagawad or prosecutor
or the Clerk of Court, as the case may be, shall issue a certification
at no cost to the woman that such an action is pending, and this is
all that is required for the employer to comply with the 10-day paid
leave. For government employees, in addition to the aforementioned
certification, the employee concerned must file an application for
leave citing as basis R.A. 9262. The administrative enforcement of
this leave entitlement shall be considered within the jurisdiction of the
Regional Director of the DOLE under Article 129 of the Labor Code
of the Philippines, as amended, for employees in the private sector,
and the Civil Service Commission, for government employees.


The availment of the ten day-leave shall be at the option of
the woman employee, which shall cover the days that she has to
attend to medical and legal concerns. Leaves not availed of are noncumulative and not convertible to cash.

The employer/agency head who denies the application for
leave, and who shall prejudice the victim-survivor or any person for
assisting a co-employee who is a victim-survivor under the Act shall
be held liable for discrimination and violation of R.A 9262.
55

The provision of the Labor Code and the Civil Service Rules and
Regulations shall govern the penalty to be imposed on the said
employer/agency head.

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107 Re: need help.. on Thu Aug 18, 2011 5:59 pm

attyLLL


moderator
ysa, you can consider doing it without a lawyer. file a motion for provisional support by yourself. ask help from a lawyer to draft it.


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108 Re: need help.. on Fri Aug 19, 2011 7:19 am

dream123


Reclusion Temporal
hi atty,

can you guide me on the process please?

after the lawyer made a draft, to where should i file it?

and is it a guarantee that he will now be enforced to provide support?

thanks.

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109 Re: need help.. on Fri Aug 19, 2011 6:24 pm

attyLLL


moderator
there are never any guarantees.

after you draft it, send a copy to your ex-bf and make sure he receives it 3 days before the hearing which is set normally on a friday. so service of copy and filing of motion is normally done on a tuesday. you can also schedule it at the date of arraignment


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110 Re: need help.. on Sat Aug 20, 2011 8:51 am

dream123


Reclusion Temporal
hi atty.

after i filed for it i can already ask for the schedule of the hearing or set the schedule?

thanks.

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111 Re: need help.. on Sun Aug 21, 2011 5:06 pm

attyLLL


moderator
you will be the one to set the hearing. at the end of the motion, there has to be a notice of hearing.


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112 Re: need help.. on Sun Aug 21, 2011 10:37 pm

dream123


Reclusion Temporal
will it be really followed? the schedule that i will set? so if i will file today? can i schedule it on friday?

thanks..

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113 Re: need help.. on Wed Aug 24, 2011 12:32 am

attyLLL


moderator
you can ask the court staff when it will be best to schedule your hearing. but what i said is the basic rule


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114 Re: need help.. on Wed Aug 24, 2011 7:10 am

dream123


Reclusion Temporal
thanks atty.

i went there yesterday but was not able to create a motion yest since the IBP lawyer already went home and he just asked me to leave the documents (affidavits, resolution etc) so i will have to come back maybe next week.

if ever there will be a hearing, who will be my lawyer? and is the hearing the same as what is happening during our hearing on the criminal case? or is it just with the fiscal first?

thank you so much!

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115 Re: need help.. on Fri Aug 26, 2011 1:02 pm

attyLLL


moderator
you'll have to represent yourself during the hearing if you don't have a lawyer. this is different; it is a hearing to be heard by the court.


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116 Re: need help.. on Fri Aug 26, 2011 1:40 pm

dream123


Reclusion Temporal
where also having a hearing with the fiscal and the judge for our criminal case. can you elaborate further atty?

thanks...

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117 Re: need help.. on Fri Aug 26, 2011 7:04 pm

attyLLL


moderator
this is before the judge. good luck.


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118 Re: need help.. on Sat Aug 27, 2011 9:46 am

dream123


Reclusion Temporal
hi atty

he emailed me asking for my bank account no. i think he will start giving support already

im afraid he might use this as evidence for our coming hearing on October. should i receive the money atty?

thanks...

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119 Re: need help.. on Sat Aug 27, 2011 1:34 pm

attyLLL


moderator
you can receive it, but I am sure that he will start to negotiate with you to drop the case. which may not be a bad idea although technically it is not allowed under the rules in vawc cases.

do give your account details, and see what develops


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120 Re: need help.. on Sat Aug 27, 2011 2:46 pm

dream123


Reclusion Temporal
if you remembered atty, he already asked me to sign a desistance letter but i refused to.

but this time he just asked for my bank account.

should i still pursue with my motion for provisional support?

thank you so much

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121 Re: need help.. on Sat Aug 27, 2011 3:46 pm

attyLLL


moderator
yes, you should pursue it if he does not give anything.


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122 Re: need help.. on Sun Aug 28, 2011 9:40 am

dream123


Reclusion Temporal
but can i file it now so that i will be guaranteed that he will give?

and is it the one that the court will ask his employer to deduct the support from his salary and be given to my account automatically?

he already deposited 3k on my account and he also emailed me that he will give 3k only monthly. i am disappointed bec. he used to give 6k a month. can i ask the court to increase the support if he will use the 3k support on our next hearing?

thank you.

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123 Re: need help.. on Wed Aug 31, 2011 5:31 pm

attyLLL


moderator
yes, you can file the motion. the court can order his employer to make an automatic deduction.


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124 Re: need help.. on Sat Sep 17, 2011 4:06 pm

lindao316


Arresto Menor
need sample of request for early resolution of case

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125 Re: need help.. on Tue Oct 18, 2011 6:12 am

dream123


Reclusion Temporal
hi atty,

i'm back

we had our 2nd hearing yesterday, and my ex's lawyer told the judge that they will be asking for mediation but they did not talked to me after the hearing so i am quite confused, i think he might talk to me in the coming days though... should i settle atty? if i agreed with the mediation, will the case be dismissed? our next meeting will be on Nov.

Thanks!

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126 Re: need help.. Today at 5:51 am

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