Hope for Melissa

These past few weeks, the Class of 1979 of the Assumption Convent High School has been practicing feverishly – and with a lot of fun – for its velada on Oct. 17.

The run-up to the velada, a once-in-a-lifetime event, has been filled with a lot of fund-raising and cause-oriented activities, a lot of bonding (sometimes over a bottle or two of the "fruit of the vine"), a lot of catching up. Twenty-five years after we left our alma mater, we are celebrating friendships that have withstood the test of time and human frailties.

At our velada practice last Sept. 9 at the Assumption, I saw a familiar face. She had a shy smile – she had been in the news lately and not for pleasant reasons – but she was carrying on. With the practice, with her life.

Her name is Melissa Mercado Martel. No one wants to air her dirty linen on national TV, but Melissa has been forced to. She has accused her husband of "frustrated parricide," a case that was dropped last Aug. 11 by a Makati prosecutor. According to Melissa, she was a battered wife for 23 years, and that her husband almost killed her on Aug. 26, 2003.

As I looked at Melissa, I felt a pang of guilt. Here I was, lending full support for many causes, albeit all worthwhile. But I had not lifted a finger for Melissa, my former classmate. I did not visit her when she lay critically wounded in the hospital, where she was confined in the ICU for three months. I had not written a single word about her plight and had in fact turned down an invitation from a mutual acquaintance to have lunch with her early this year. Like many people, I steer clear of problems involving husband and wife. I was indifferent. But I could not forget the look on Melissa’s face that day.

The next day, Sept. 10, I had four lunch invitations. One was to sample the cooking of the former chef of Spain’s King Juan Carlos. The second invite was for the first anniversary of a popular art gallery, and the third was for the 30th foundation day of the Assumption campus in Antipolo. The fourth invitation was one that would have elicited a yawn from me under ordinary circumstances. It was from DSWD Secretary Dinky Soliman and Gina de Venecia and it was "to a round-table discussion on the Anti Violence Against Women and Their Children Act of 2004 (Republic Act 9262)." The special guest at the discussion was Melissa Mercado Martel.

There was no question in my mind where I should go. And I went, or I would have been haunted by my apathy for the rest of my life.

* * *

Apparently, I was not alone in my resolve to break free of apathy. Usually, it is the noisy (pardon me) women’s groups that go all out to defend women’s rights along with all the other isms (you know, socialism, communism, etc.).

But when I walked into Gina de Venecia’s elegant living room last Friday, I thought I was in a zone somewhere between the Manila Polo Club and Plaza Miranda. For in the room was an unlikely mix of socialites and socialists. There were women who lunched, and there were women who marched. Perhaps not all had a personal crusade to help Melissa, but all took an unequivocal stand for women’s rights. The attendance was overwhelming.

For instance, both Ruth Casino of Gabriela (her husband Teddy is Bayan Muna representative in Congress) and Lizzie Zobel stood virtually side-by-side as they expressed support for Melissa’s cause.

I took the empty seat beside Assumption nun Sister Pilar Emanuel. Sister Pilar is old and frail, but she took the FX from Assumption Antipolo to attend the lunch and show support for Melissa. I also learned from her that while Melissa was confined in the ICU and many like me were still in the slumberland of indifference, Sister Pilar was already visiting Melissa.

"Melissa is like my daughter," Manay Gina, for her part, said when I asked her why she went out of her way to draw attention to Melissa’s plight. "And I always stand for what is right, I do not sit on the fence."

Dinky Soliman said drawing attention to Melissa’s plight was part of the DSWD’s effort to ensure the protection of women’s rights.

She said RA 9262 or the Anti-Violence Against Women and their Children Act of 2004 was signed into law by President Arroyo on March 8, 2004. It took effect on March 27, a "milestone for women, children and their advocates."

Shortly after the signing of the law, Melissa filed for frustrated parricide against her husband. Her case is the first in the country to take on the new law in her defense.

According to Melissa’s lawyers headed by Tunting Cruz Matters, R.A. 9262 made possible the issuance of a Temporary Protection Order (TPO) for Melissa, probably the first woman who got such protection under the new law. The Family Court of Makati City issued the TPO on May 4, 2004. Without R.A. 9262, women would not have such an "immediate relief." (The TPO includes an order for the respondent to stay away from the petitioner and designated places; leave the residence regardless of ownership; surrender firearms and put up a bond to keep the peace.)

* * *

Also present during the discussion were Akbayan party-List Reps. Ana Theresia Hontiveros Baraquel, Loretta Ann P. Rosales and Mario Joyo Aguja.

They filed a resolution directing an inquiry in aid of legislation into the problems connected with the implementation of RA 9262, citing Melissa’s "quest for justice" and the dismissal of the case by the prosecutor.

One important issue which emerged in the Martel vs Martel case is whether or not the R.A. 9262 is unconstitutional because it protects women only and excludes men.

All these issues were brought up during the discussion, including one salient point made by former Comelec chairman Harriet Demetriou. Under the new law, she said, police could enter the home and interfere when there is sufficient ground to believe that the woman is being battered – and the police will not be accused of trespassing.

* * *

Melissa was teary eyed as she thanked the women (and the men, led by Speaker Joe de Venecia and Makati Rep. Teddyboy Locsin) who attended the luncheon.

Melissa parting words were straight from the heart: "In the beginning, I was afraid to come out with my story. With faith, courage and prayers, I am here now to speak the truth.

"Our justice system is far from perfect, but with your help, I will not be alone in my fight.

"My story is replayed everyday in a lot of homes, Women similarly situated have come up to me to say, ‘We sympathize with you. Kung walang mangyayayri sa kaso mo, ano kaya ang mangayayari sa amin?’

"Your outpouring of encouragement keeps me going. With your help, I can get through this. Please help me. You have to help me get thought this fight. Please…"