Saturday, May 21, 2011

Lacson Files Filial Responsibility Bill to Ensure Parents' Welfare

Noting that parents who protected, raised and enabled their children may need assistance when they grow old, Sen. Panfilo M. Lacson has filed a bill mandating children to show filial responsibility at their time of need.

In filing Senate Bill 2819, Lacson lamented that despite Filipinos' close family ties, some still abandon their elderly, sick and incapacitated parents to fend for themselves.

"We Filipinos are well-known for our close family ties. Because of these close family ties, we have the usual inclination to care for our elderly. However, even with this close family ties, there are elderly, sick and incapacitated parents who were abandoned by their children. The sights of abandoned elderly in our streets are now common. Children fail to provide the necessary support to their aging, sick and incapacitated parents. This happens despite our moral and natural obligation to maintain our parents who are in need of support," he said.

"This proposed bill therefore seeks to further strengthen filial responsibility and makes it a criminal offense in case of flagrant violation thereof," he added.

He added his bill aims to complement the Family Code, which imposes on Filipinos a legal obligation to support the elderly.

Lacson said that while the government is doing its best in providing support in the form of food and shelter as well as enacting legislations like the Senior Citizens Act, taking care of the elderly members of society is a shared responsibility of government and the children of the elderly.

Under Lacson's bill, abandonment of a parent in need of support shall likewise constitute a criminal act.

A parent who is in need of support may file a petition for support before the court and pray for the issuance of a support order against those children who failed or refused to provide the necessary support.

Legal representation of the parent in need of support will be provided by the Public Attorney’s Office and no court fees will be assessed.

The bill also seeks to establish an Old Age Home for the elderly, sick or otherwise incapacitated parents in every province and highly urbanized cities.

Lacson noted the rules requiring children to support their parents have existed for thousands of years.

The bill also calls for a support order to compel children to provide the necessary support to their parent.

Such an order shall include the name of the children required to give support, the amount necessary for the support of their parent and the share of each of the children.

The death of one of the children of the parent in need of support will not affect the liability of others.

But if the court determines after due notice and hearing that the parent in need of support abandoned, abused or neglected the respondent, it may dismiss the petition or may reduce the quantum of support ordered by such amount as may be just.

A respondent who continues to fail in giving support for three consecutive months without justifiable cause, faces imprisonment of one to six months or a fine of P100,000.

One who abandons a parent in any place shall be punished with imprisonment of six to 10 years and a fine of at least P300,000.

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Friday, May 13, 2011

Bill Seeks to Protect Victims of False Testimony, Discourage Manufacturing of Witnesses

Lamenting that the use of lying witnesses has made a mockery of the courts and sent many innocent people to jail for crimes they did not commit, Sen. Panfilo M. Lacson has filed a bill recommending heavier penalties on false witnesses and on public officials who encourage them to do so.

Senate Bill 2803 seeks to impose a P1-million fine on such false witnesses, while government officials or prosecutors who induced their false testimony face perpetual absolute disqualification from holding any appointive or elective position in the government or its agencies or entities.

“The assertion of falsehood, under oath of affirmation, is becoming prevalent. False testimonies and sworn statements are sometimes being used to support malicious complaints with the intent of harassing and persecuting innocent persons. This pernicious practice is aimed not only to harass innocent persons but put them behind bars and make their families suffer,” Lacson said.

“It is noteworthy that because of these untruthful and inconsistent statements, we have witnessed how some men were robbed of their youth and freedom for a long period of time only to be freed later on account that the reason for their incarceration was based on a ‘polluted source,’” he added.

He pointed out that since the testimony of a witness – especially an eyewitness – is crucial, it is a fundamental rule that sworn testimonies be honest and should not leave any room for inconsistency and untruthfulness.

Yet, he lamented there are times the sacredness of statements made before the courts and that of sworn affidavits are being disregarded.

Worse, he said some public prosecutors, instead of making sure that justice is done, suppress facts and conceal witnesses capable of establishing the innocence of the accused.

Sometimes they even offer false testimonies and perjured witnesses to support their unfounded charges, he said.

“The prevalence of untruthful testimonies and statements may not be possible if only public officials and employees are responsible enough and in their vigilance in their quest for the truth, should uphold the rule of law and not their thirst for victory at the expense of another. However, it is distressing that sometimes it is the public officials and employees themselves who encourage, induce or even force a person to assert falsehood under oath,” he said.

The bill seeks to amend Articles 180, 183 and 184 of the Revised Penal Code, where the false witness who knowingly offers false testimony as evidence will be subjected to the same penalty the defendant is being accused of, and be slapped a fine of up to P1 million.

“If the person who will induce or order the commission of this felony is a public officer or employee, the penalty shall be imposed in its maximum period,” Lacson said in his bill.

As for the government official or prosecutor behind such false testimony, he or she shall also suffer “perpetual absolute disqualification from holding any appointive or elective position in the government or in any agency, entity or instrumentality thereof.”

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