PREDA's letter to DSWD Asst. Regional Dir. Wilma D. Naviamos offering to take protective custody of the rest of the abused children still in Puerto Galera

05 March 2004

Assistant Director Wilma D. Naviamos
Department of Social Welfare and Development
Field Office IV

Dear Assistant Director Wilma D. Viamos,

This is to thank you for your faxed letter of 3 March. We express our appreciation for allowing the PREDA social worker to establish rapport and conduct a child-friendly interview with the three children in the Bahay Tuluyan Home for Girls in Dasmarinas, Cavite with the approval of the house director, Mrs. Brenie Sotto. We will plan this again at an appropriate time and manner.

As previously explained in my letter to Undersecretary Lourdes Balanon and by Mrs. Mary David the PREDA senior social worker on the phone to Mrs. Brenie Sotto, the purpose of the interview is to confirm the details of the crime against them by the US national that will meet the rule of evidence in a US court of law.

This was requested by the representative of the United States Homeland Security, Loan Macintosh, to gather evidence in order to bring him to trial in the United States after he has served his sentence in the Philippines if found guilty. If acquitted, he will be re-arrested and tried under US law.

The previous visit of Loan Macintosh was at first accommodated graciously by Mrs. Sotto but it was observed that the interview was not going well and the children were uncomfortable due to the limitations in language and cultural understanding. We have been requested to facilitate the next visit. The PREDA social worker will establish good positive rapport with the children and bring some PREDA children along to put them at ease. One of the PREDA children was referred from Bahay Tuluyan and is now fully recovered and an advocate of children's rights. We will coordinate this with Mrs. Sotto

PUERTO GALERA SITUATION

Thank you for the research and information gathered by you on this situation in Puerto Galera. In all our team work with the DSWD social workers during many years of assisting child victims of sexual abuse, there was never an incident wherein the DSWD failed to intervene and rescue children in dire circumstances. They acted on the authority vested in them under RA 7610 and PD 603 to bring into protective custody any child in a dire circumstance especially where sexual or physical abuse allegedly occurred. This is re-enforced by the Anti-Trafficking in Persons Act of 2003.

The objection or non-cooperation of parents is reason all the more to take custody of the children as the parents sometimes are receiving money for allowing their children to go with foreign paedophiles.

The best interests of the child must prevail lest the abuse continue with the compliance of the parents or because of culpable neglect.

We support the DSWD action plan laid down in guidelines, consultations and conferences and encouraged by Undersecretary Lourdes Balanon to act in the best interests of the child, not the interests of parents or local authorities. The parents ought to be charged if found to be endangering the children by non-cooperation, obstructing justice, or child neglect.

The Anti-Trafficking in Person Act obliges specifically the DSWD to take the victims into protective custody for treatment and protection. There are many child victims in Puerto Galera still in danger. PREDA is willing to extend the professional services of the home for girls to provide protection, therapy, education and legal services to the victims. We are accredited by the DSWD. We hope you can allow us to help them.

Sincerely,

Fr. Shay Cullen, mssc

cc. Usec. Balanon; Dir. Biolena; Mrs. Sotto

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