Teno OKs amendments to domestic violence law

Gov. Pedro P. Tenorio approved changes to the recently-signed law against spousal abuse and family violence, clarifying questionable provisions raised earlier by Superior Court Presiding Judge Edward Manibusan.

Key amendments he favored as provided under Public Law 12-30, which he signed yesterday, included elimination of clerical assistance by the court in filing motions like restraining order as well as reinstatement of court fees in seeking such judicial relief.

These, however, are not expected to deter the implementation of PL 12-19, otherwise known as the “Domestic and Family Violence Prevention Act of 2000,” which the governor signed last September, according to advocates.

Members of the Family Violence Task Force had previously acknowledged the need to improve the law, but had asked legislators to do so once this was approved by the governor to avoid another delay in the Legislature.

PL 12-19 arms victims of domestic violence and spousal abuse with remedies important in preventing such incidents from happening and to fight for their rights.

It is intended to curb the growing number of families on the islands who have limited recourse to stop abuses at homes and is considered a testament to the struggle by advocates to get it past the legislative process.

Under PL 12-30, one amendment dispenses the clerical assistance provided to victims or petitioners by the Clerk of the Superior Court in filling out forms such as for restraining order.

This is necessary for the court to project and to maintain its integrity and neutrality, according Judge Manibusan when he expressed concerns to the Legislature during legislative review of that law.

“This also raises questions of fairness as other litigants will not receive the same kind of help,” he wrote in his letter to legislators, adding the clerk could also be put in an awkward position as he or she may be called to testify in court.

Another provision deleted from PL 12-19 concerned issuance of emergency order as relief to victims, eliminating the 72 hours expiration stipulated from the time it is served to the respondent.

Judge Manibusan noted this requirement clashes with other provisions of the law since there is a 10-day period during which a victim can ask for police protection while waiting for a court hearing.

Likewise, he asked that the Legislature rephrase a provision to allow the court to exercise its discretion regarding granting of mutual orders for protection to opposing parties.

Judge Manibusan, however, strongly objected to the proposal in the Legislature to waive court fees for filing and service of process in any proceeding that seeks the temporary relief.

He said this move breaches the separation of power in the three branches of the government and could draw criticisms for unfair treatment over non-payment of court fees.

“By allowing one class of litigants to not pay court costs leads to inherent unfairness, favoritism, and a presumption of rightness,” he explained, adding the court can waive the fees if the petitioner is indigent under existing practice.

CIP appropriation vetoed

Meanwhile, Mr. Tenorio vetoed another bill expanding coverage of the $1.72 million earmarked for a China Town sewer project to include construction of a sewer system in Chalan Kiya.

He said that although the project is badly needed by the community, the fund source is restricted for homestead development projects which do not apply to Chalan Kiya project as it is not within the homestead boundary.

But the governor pointed out the project can be part of the next set of the Capital Improvement Project plan of the government to be funded from federal construction grants under Covenant 702 with matching local funds.