Dear friends,
The Asian Human Rights Commission (AHRC) has been informed of the case of a mother that is facing a fabricated charge filed in court against her. The lady was pursuing justice for her 12-year old son who was beaten by a school principal. In the principal’s attempt to escape from his liabilities for child abuse, he filed a fabricated case against the boy’s mother accusing her of assaulting her own son. Unidentified men on a motorcycle also shot at her in an apparent attempt on her life, while she was in their home.
CASE DETAILS: (Based on the documentation by the Moro Women Center -MWC-)
On 7 February 2014, Mary Vic Medina stood for arraignment at the Family Court Branch 22 of Regional Trial Court in General Santos, Philippines on a fabricated charge of physical abuse committed against her son in violation of Republic Act 7610 (An Act Providing for Stronger Deterrence and Special Protection Against Child Abuse, Exploitation and Discrimination, and for other purposes).
Mary Vic, (31), mother to 12-year-old, Ronald John Medina, is facing charges for supposedly violating Republic Act 7610, section 3 (b)(1) for “psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment”, with a penalty of “prision mayor in its minimum” for violation of section 10 (a) for “any person who shall commit any other acts of child abuse, cruelty.” The case is registered as Criminal Case No. 24498 at the Family Court Branch 22 of Regional Trial Court in General Santos.
Mary Vic is to attend a Court Trial scheduled on May 13, 2014. She sought the assistance of a legal counsel to represent her in a case that she could hardly comprehend. She is at a loss to know why she is now the accused respondent rather than the complainant and the perpetrator who abused her son is now her accuser and complainant in the case.
As narrated by her son, Ronald John Medina, Mary Vic states that on August 28, 2012, at around 12 noon, he decided to take a rest under a mango tree inside the school compound together with his friends and classmates, Jonathan and Jobert. Ronald John is a Grade 6 student at the Habitat Community Elementary School in Barangay Mabuhay, General Santos City. The boys then noticed a sparkling object on a motorcycle parked under the tree. Curiously, they went close to the object. Ronald John picked up the object and found out it was a screw driver.
As he was about to return the object, the motorcycle owner Mr. Genaro Ruales, came and shouted angrily, “Kawatan ka! Kawatan ka!” (You’re a thief! You’re a thief) and struck Ronald John on the head. The blow was strong enough that her son was thrown off his feet. As Mr. Ruales took the screwdriver, he threatened to stick it into her son’s eyes (Ituslok nako ni sa imong mata!).
Mary Vic further states that the Mr. Ruales’ act shocked and frightened the boys that they shook in fear and were unable to say anything. Thereafter, Ronald went home crying and refused to go anywhere where Mr. Ruales might appear. He even refused to attend a scheduled review for a Math Olympics he was supposed to participate in.
Upon learning of the incident, Mary Vic went to the school to find out what happened. She learned that Mr. Ruales was the School Principal of Biscayda Elementary School in another barangay and was in her son’s school for a Reading Program of the Department of Education (DepEd) Conel District. In a confrontation at Mr. Ruales’s office, he again accused Ronald John of theft and she went so hysterically angry that he had to be calmed down. He neither explained nor apologized for hitting Ronald John.
Mary Vic had her son undergo a medico-legal examination at the General Santos City Health Office in the morning of August 29, 2012. In September 3, 2012, she reported the incident to the Police Station NR4 in Barangay San Isidro.
Later, on 7 September, 2012, there were attempts on the lives of Mary Vic and her son. While she was in their house, two persons on a red Baja motorcycle and wearing caps fired two shots at the house before riding away. Fortunately, she escaped unharmed. In September 10, 2012, Mary Vic executed her statement about the physical abuse done to her son. Ruales only executed an affidavit on 12 May, 2013 and filed complaint to the prosecutor’s office.
Mary Vic later learned that Genaro Ruales had filed a complaint against her and her son. The complaint was docketed as NPS Docket No. XXII-03-Inv. 13E-00311 at the Prosecution Office of General Santos City in November 12, 2013. On the very same day, the prosecutor filed a Criminal Case No. 24498 against Mary Vic for Violation of the Republic Act 7610 and she was subsequently arrested and detained.
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SAMPLE LETTER
Dear ________,
PHILIPPINES: A mother whose 12-year old son was beaten by a school principal was falsely charged by the latter for child abuse
Name of the victim: Mary Vic L. Medina, (31), mother of Ronald John, grade 6 student, and resident of Habitat, Barangay Mabuhay, General Santos City
Name of alleged perpetrator: Mr. Genaro Ruales, school principal of Biscayda Elementary School, and resident of Sogod 1, Lot 1, Barangay Apopong, General Santos City
Date of the incident: August 28, 2012
I am writing to raise my concern about the case of a mother and her child.
On November 12, 2013, Mary Vic Medina, was charged for violating Republic Act 7610, an Act Providing for Stronger Deterrence and Special Protection Against Child Abuse, Exploitation and Discrimination, and for other purposes. She was charged for violation of section 3 (b)(1) for “psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment”, with a penalty of “prision mayor in its minimum”” for violation of section 10 (a) for “any person who shall commit any other acts of child abuse, cruelty.”
The case was registered as Criminal Case No. 24498 at the Family Court Branch 22 of Regional Trial Court in General Santos, Philippines.
I have learned that the charge against her was related to an incident on 28 August, 2012, wherein her 12-year-old son, Ronald John; was beaten by Mr. Genaro Ruales, a school principal, as he accused him of being a thief. Ronald John was with his two friends, Jonathan and Jobert, who were curiously looking at a sparkling object in Mr. Ruales’ motorcycle, when he came and started assaulting and beating Ronald John in the head.
Obviously, it is clear that the charges laid on her were fabricated; however, on 7 February 2014, morning, his mother, Mary Vic, had to attend in court for the arraignment of her case at the Family Court Branch 22 of Regional Trial Court in General Santos. In November 12, 2013, she was charged by Mr. Ruales for child abuse at the Prosecution Office of General Santos City. On the very same day, the prosecutor filed Criminal Case No. 24498 against Mary Vic. She was subsequently arrested and briefly detained.
I have learned, however, that the filing of charges on Mary Vic only came about after she confronted Mr. Ruales as to why he beat her son. However, Mr. Ruales instead filed charges against her for supposedly abusing her own son. Mary Vic was not given an opportunity to adequately respond to the allegations Mr. Ruales made, and she not given any sort of assistance by any lawyer to make her defense, amongst others.
I have learned that as narrated by her son, Ronald John Medina, on August 28, 2012, around 12 o’clock, he decided to take rest under a mango tree inside the school together with his friends and classmates Jonathan and Jobert. Ronald John is a Grade 6 student at the Habitat Community Elementary School in Barangay Mabuhay, General Santos City. The boys then noticed a sparkling object on a motorcycle parked under the tree. Curiously, they went close to the object. Ronald John picked up the object and found out it was a screw driver.
As Ronald John was about to return the object, the motorcycle owner Mr. Genaro Ruales, came and shouted angrily, “Kawatan ka! Kawatan ka!” (You’re a thief! You’re a thief) and struck Ronald John on the head. The blow was strong enough that her son was thrown off his feet. As Mr. Ruales took the screwdriver, he threatened to stick it into her son’s eyes (Ituslok nako ni sa imong mata!).
Mary Vic further states that the Mr. Ruales’ act shocked and frightened the boys that they shook in fear and were unable to say anything. Thereafter, Ronald went home crying and refused to go anywhere where Mr. Ruales might appear. He even refused to attend a scheduled review for a Math Olympics he was supposed to participate in.
Upon learning of the incident, Mary Vic went to the school to find out what happened. She learned that Mr. Ruales was the School Principal of Biscayda Elementary School in another barangay and was in her son’s school for a Reading Program of the Department of Education (DepEd) Conel District. In a confrontation at Mr. Ruales office, again he accused Ronald John of theft and she went so hysterically angry that he had to be calmed down. He neither explained nor apologized for hitting Ronald John.
Mary Vic had her son undergo a medico-legal examination at the General Santos City Health Office in the morning of August 29, 2012. In September 3, 2012, she reported the incident to the Police Station NR4 in Barangay San Isidro.
Later, on 7 September, 2012, there were attempts on the lives of Mary Vic and her son. While she was in their house, two persons on a red Baja motorcycle and wearing caps fired two shots at the house before riding away. Fortunately, she escaped unharmed. In September 10, 2012, Mary Vic executed her statement about the physical abuse done to her son. Ruales only executed an affidavit on 12 May, 2013 and filed complaint to the prosecutor’s office.
I am of the opinion that the charges are fabricated due the irregularities as shown in the process of investigation, and the manner how the charges were filed by the prosecutors against the mother. It is incomprehensible and a travesty of justice that a mother, who was seeking remedy for the assault of his son by a school principal, would end up herself arrested, detained and had to endure fabricated charges.
It is clear that Mary Vic has been deliberately denied of an opportunity to respond to the allegations before the charges was filed on her, she was not given adequate legal assistance for her own defense, amongst others. For this reason, I urged you to unconditionally withdraw the charges against this person. Furthermore, I urged you to provide security and protection to Mary Vic and her family immediately.
I trust that you take immediate action in this case.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Benigno Aquino III
President
Republic of the Philippines
Malacanang Palace
JP Laurel Street, San Miguel
Manila 1005
PHILIPPINES
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80
2. Ms. Loretta Ann Rosales
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Fax: +63 2 929 0102
Tel: +63 2 928 5655 / 926 6188
E-mail: chair.rosales.chr@gmail.com
3. Ms. Leila de Lima
Secretary
Department of Justice (DOJ)
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
E-mail: soj@doj.gov.ph
4. Dr. Ma. Rosa C. Gutierrez
Regional Director
Department of Education (DepEd)
Officer-in-Charge
Carpenter Hill, Koronadal City
Fax: + (083)228-8825; 520-0421; 228-9753
E-mail: ro12@deped.gov.ph
Thank you.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC) (ua@ahrc.asia)
