Harassment against ex-girlfriend is punishable by R.A. 9262

Atty. Barney, I am an OFW in Dubai but currently here in the Philippines for my annual leave. Last week, I broke up with my boyfriend for two years. Two days after the breakup, he sent me photos with my face attached to a naked body of a woman making it appear that I am the woman in the photo. He threatened me that he will distribute the photos to our family and friends if I will not take back my decision of breaking up with him. His acts have caused me sleepless nights, emotional and psychological distress. I have discussed this with my parents and we are planning to initiate a case against him. Is my case covered by the anti-violence against women and children, even though he was just my boyfriend? – Darlynne

Yes, you are protected by R.A. 9262 or the Anti-violence against women and children act. Violence against women and children is defined as any act or a series of acts committed by any person against a woman with whom the person has or had a dating relationship, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. Your relationship as boyfriend-girlfriend is considered to be a dating relationship, wherein the parties are romantically involved over time and on a continuing basis during the course of the relationship. In your case, your ex-boyfriend’s action is considered to be a form of harassment which according to the law is one way of committing the crime of violence because it causes substantial emotional or psychological distress to the woman.

The act of your ex-boyfriend is punishable by imprisonment from six years to twelve years. In addition to imprisonment, he shall pay a fine in the amount of not less than One Hundred Thousand Pesos (Php 100,000) but not more than Three Hundred Thousand Pesos (Php 300,000), undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to the court.   

Importation of used vehicles in the Philippines

Atty. Barney, I am working here in Dubai for almost eight years now and by next year, I will be returning to the Philippines for my retirement. I heard from a friend that it is possible to send my used car here in Dubai to the Philippines. What are the requirements that I need to comply? – Hilton

Under Executive Order No. 156 series of 2002, providing for a comprehensive industrial policy and directions for the motor vehicle development program, importation of used motor vehicles in the Philippines is prohibited. As an exception to the rule, a vehicle that is owned and for the personal use of a returning resident may be imported in the Philippines.  Returning resident shall refer to a Filipino citizen who has stayed in a foreign country for at least one (1) year and which residency shall be accumulated within the three (3) year period immediately preceding the date of filing of the application for importation.

The following are the requirements for importation of used motor vehicles in the Philippines:

1. Vehicle with gross vehicle weight (GVW) not exceeding 3 tons;

2. Vehicle must be personally owned and registered under the name of the  returning resident at least six (6) months prior to the date of application for permit to import;

3. Duly notarized/authenticated application form;

4. Notarized/Authenticated affidavit of undertaking;  

5. One (1) 2×2 picture with signature;

6. Original or authenticated copy of old and new passport;

7. Original or authenticated copy of car registration or title, with English translation if necessary;

8. Duly notarized waiver of ownership by registered co-owner/s in case the vehicle is registered in the names of two or more persons;

9. Certificate of compliance with roadworthiness and emission standards as   certified by authorized agency in the country of origin and duly authenticated   by the Philippine Embassy or Commercial Attaché;

10. Payment of processing fee; and

11. Secure Certificate to Import from Bureau of Import Services (BIS) of the Department of Trade and Industry (DTI).

Upon arrival of the imported motor vehicle at the Bureau of Customs, secure Certificate of Payment and Tax Certificate from the Bureau of Internal Revenue. The vehicle cannot be sold for at least three (3) years from release from the Bureau of Customs.

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