I would like ask for advice regarding to my sister rape case.

My father discovered that my 16 years old sister was pregnant, and the worst scenario, she was raped. But the problem, the was done last May 2010 after the election and my parents only know about it this last week of October 2010. And they try to ask for help in the police station but the police said they can only file warrant of arrest if it was only few days was past, but it’s been 5 months after the crime and they can only give subpoena. But until now, no subpoena was come for hearing and we want to punish this criminal after he done to my sister.

I want to ask if it’s right and we need to wait for this subpoena or the police can arrest this guy at once. Because we are worrying maybe this criminal guy will hide and it will so hard for us the justice that we deserve.

And please give us advice what much better need to do.

Thank you very much..

My family just discovered that rape was continuously committed by my brother in law against my niece, who is 17 yrs. old. My niece is actually not his own child, but the child of my sister from her first partner. The first time rape was committed was when my niece was just 6 years old and has continued until last month, October 2010 when we discovered it. We found this out through my other niece, who admitted that she saw her father raping her step-sister (older sister) and complained last week that her father has started touching her as well. When confronted, my brother-in-law admitted to the offences. We then evicted him from their house through the help of his relatives and baranggay officials.

I want to file criminal charges against him and at the same time, apply for TPO and eventually PPO. However, we are concerned that once found guilty (which in my humble opinion is more likely), he will lose his job and will not be able to provide for the family. As a seafarer, he is also bound to leave the country next month. Criminal/ police records will surely prevent him from leaving which will then result to inability to support the family. My sister is jobless. They have a toddler and 2 grade-schoolers plus the oldest daughter, the rape-victim who is now in college.

May we just apply for TPO or PPO without filing criminal charges? Will the government, (e.g. DSWD)not force us to take legal steps which will result to my brother-in-law’s incarceration or worse, meddle in the child-custody matter?

I will appreciate your response. I want to apply for TPO today as he is continuously sending my sister alarming text messages. I am withholding my plans because of the aforementioned concerns.

Thank you very much.

Is there any philippine jurisprudence on date rape that you may be aware of?