RA 9262 What do I need to do next?

Question po....

I already filed a case against the father of my 10yr old son. He was not giving financial support for years. We had an agreement in Makati Social Welfare regarding financial support. He was doing his obligation for 1 year and then stopped it due to his father had a stroke. I found out that this was not true. I went back to MSWD to ask what do I need to do since he was not giving any support for my kid. MSWD sent letter to him asking if we could talk. He ignored it...told me that "ipakulong ko na lang daw sha." So I went back to MSWD and told what he just said. I was advised then by MSWD to go to Women and Childrens desk. They asked for my statement and filed the complaint. They asked me to file it in Cityhall. He was asked for a counter affidavit. After 3months we got the resolution already. He was arrested and went to jail. I was really shocked. I wasnt expecting it. He bailed out for 24k. We went back to cityhall for court hearings. Now we went to the mediator. I need to know what will happen if we'll have a compromise agreement and affidavit of desistance? The case will be dismissed, right? If that' so...what will happen if he wont give financial support again as what he agreed in the mediation? Will it better if I'll continue the case? I dont trust him anymore...he doesnt really care about our son. I know he wont give financial support again once the case is dismissed. He's just being nice now because the case is still on going. Im not that bad either to see the father of my kid in jail. All I wants is a guarantee that he will continue supporting my kid until legal age.

Thanks in advance!

this is an ra 9262 case, and the court allowed it to go to mediation??? that's not supposed to be allowed but, oh well. seems like the court is stretching the new directive to have all family cases undergo mediation.

that can be used for your favor. have him issue post dated checks for monthly support, and tuition for 3-5 years.

have the case dismissed provisionally only so that it can be revived if the checks bounced.

Thanks for the quick reply...
Im not sure if it's too late to ask advice from you...because it was only yesterday that I learned about this site. We had the mediation last monday May 16th. Our mediator was a judge. The agreement was the father will send the money to my place and I will just sign a receive copy. And on the the affidavit of desistance it was misunderstanding and case will be dismissed. I asked the mediator what will happen if the father will stop the support again. She said there will be excution still and mashehseriff daw un father...thats why I agreed. I already signed the affidavit but not done yet with the oath taking with the prosecutor because I as in a hurry then. The prosecutor was on lunch that time so I told them I'll just come back. And the next hearing supposedly on August. Did I make the wrong decision? Or may chance pa po ako bawiin un since di pa po ako nag-oath? He already paid the fee for mediation and affidavit.

it was JDR? no, it is not necessarily a wrong decision if the effect is that there is a court approved compromise which can be executed if the father does not fulfill his obligations.

i am personally inclined to believe that compromise should be allowed in economic abuse cases, but the rules are quite clear. mediation is not allowed in ra 9262 cases. http://sc.judiciary.gov.ph/A.M.%20No.%2010-4-16-SC.pdf

nevertheless, if the agreement seems fair to you, then i believe it was advisable to enter into an agreement. the sad part is that under this deal, the case is dismissed with prejudice, but that's the price to pay.

im sorry i dont what JDR means? how will it be executed? pwede pa po ba bawiin un agreement since wala pang oath taking na nangyayari? iba po kasi talaga ugali ng dad ng anak ko...minsan parang mas gusto ko ng makulong na lang talaga siya.

you said your mediator was a judge. that's judicial dispute resolution. no oath is necessary. what was done to the agreement? it was submitted for approval?

I have the same problem with the above. ang sa akin lang May warrant of arrest na ang asawa ko RA 9262 KASO nasa jeddah siya as of ngaun, paano po ba ako makapag file nang hold departure area against him para if incase bumalik cya sa pilipinas di muna cya makabalik sa jeddah unless i settled muna nya ang kaso nya .

then how long po effectivity ng hold departure order if incase ma grant naman ito.

Salamat

does he know there is a warrant?

are you able to monitor if he is here? or when he is arriving?

HDOs are applied for at the court where the case is pending. they last for 5 years.

yes he know na may warrant siya. his still at jeddah right now. i don't know when uwi niya sa pilipinas.

Sa bulacan po ako nagfile ng case against him. so sa bulacan din ako magfile ng HDO?

in the same court that issued the warrant.

the judge told us to go to the prosecutor's office for oath taking then we will go back to her (judge) becuase she will still talk to us. the copy of the agreement and affidavit of desistance were already signed.