Hello Madam,
Good afternoon, this is great news that someone out there is willing to help with those in need though simple question and answer would be a big help. You’re the pride of every single kabayan.
Di ako masyadong nakakabasa nang ating diyaryo dahil sa sobrang occupied sa trabaho at may baby pa, and one time napagawi ako and decided to pick up one of the newspaper akala ko may bayad at tinanong ko pa sa may-are nang store, was amazed na libre pala. I was thinking way back home, there is no way that we could get free newspaper like this, this is how I found your corner. Anyway hope you could give help and an answer to my question:
“There are 3 assault (called Assault 266 on the form) filed against my ex common law husband and his court date will be on June. I am the victim and the trial will be this June 2009 (almost a year of waiting). I’ve been in contact with the Victim witness office before, however haven’t got any call yet in regard of the trial on June as I’m trying to get opinion outside before I’ll go back to them.
Most likely that I could not attend the hearing as I couldn’t get spot for vacation, which I tried and was denied. “What will happen to me if I could not attend that hearing”. (What are the disadvantage towards myself of not attending the hearing).
And “If I can and he’ll be found guilty, is it possible that he’s going to lose his job kahit first offence pa lang”?
Your answer to my question would be so much appreciated.
Have a good day,
Maureen
Dear Maureen,
Thank you for believing that my column helps our kababayan. That is in fact my goal in writing this column, to be able to help our fellow Filipinos, and the public as well, who are in the dark regarding criminal law. That is why I felt good when I read your email. It confirms that the column is serving its purpose. I am quite happy that someone appreciates what this column is all about.
However, you have to keep in mind that whatever I say here is not legal advice. I will just tell you what I know based on what I have read and experienced in court.
As for your question, “what will happen to you if you do not attend the hearing”? One of the things that could happen if you do not attend the trial is that, you may be arrested. The Crown may ask the court to issue a material witness warrant ( ito ang tawag sa warrant of arrest para sa witness). What sometimes happens is, if on the day of the trial the victim does not show up, and she is a material witness to the Crown’s case, meaning, hindi mapapatunayan ng Crown ang kaso laban sa accusado kung wala ang witness na ito, the Crown would ask the Judge to issue a material witness warrant. Once the Judge issues the warrant, the trial would be adjourned (meaning postponed) and the cops will use that material witness warrant to arrest the witness. Once arrested, the witness will be held in custody until the trial, unless he gets released on bail. Kung hindi ka aattend ng trial, maaari kang maaresto at makulong. My suggestion to you is, attend the hearing. You could always tell your employer that you have to attend court. I am sure they will be more than willing to let you get a day off. Ipakita mo yong papel na galing sa court kung saan nakalagay ang court date para maniwala sila. It is important for you to attend this trial since you are the victim. Unless there are other witnesses who saw the incident themselves, and who would testify that the accused assaulted you, you are a material witness to the Crown’s case. Kung hindi ka makakuha ng day off, call the victim witness program and tell them your predicament. They will speak to the Crown about your concerns and will try to help you. Other victims do not attend the trial of their partners in a domestic assault case thinking they are helping heir partners not get convicted. This is wrong. Like I mentioned earlier, if you do not attend the trial, chances are, you will end up in jail yourself by virtue of the material witness warrant.
If you do attend the trial, make sure you tell the truth. You would not want to be charged with perjury for lying in court. I am not saying that you will, I just want to inform you of the consequences of not telling the truth in court.
You said that this is your ex common law husband’s first offence. If he gets convicted, depending on what sentence he gets, he may or may not get a criminal record. If he gets a sentence of absolute discharge or conditional discharge, he will not have a criminal record. Apart from that, all other sentences would get him a criminal record. Having a criminal record may hinder him from getting employment, but there could be some jobs that do not require a clean record. However, he is now employed, so I am not sure if his employer will fire him or not if he ends up having a criminal record. You would have to ask someone else about this because I do not know the answer to it.
I hope I was able to give you an idea of what could happen in the situations you mentioned. Thank you for reading my column and sending me your questions. God bless.
Maria Eleanor Rodriguez