@Jason Mclaughlin,
It sounds like you may have very limited written proof already prepared and submitted to the Brgy? By changing from a defensive submissive approach to a very clear offensive stance may be an option. Here are the things I would consider, if faced with a like situation......
1st - I would find an international organization that allows a specific child to be sponsored. Contact that organization and find out if you can add your child to the list of children being sponsored. If so, create an account, and set up the donations for your child. Since nearly half of all Filipinos still earn less than $2 a day, consider sending your child $5/day or $150/month or P8550/month.
Have said plan in motion so there can be zero chance of a RA 9262 action against you. Once in place, let the local officials be aware of what has been done.  Stay strong and be firm with your resolve as this sends a clear message that you don't trust the mom but you are willing to support your child.Â
No matter what, find a way to never pay cash in her hands again.... even if you set up a brgy person to collect the funds and ensure things like shots and basic care for the child is being provided.
Actions to also consider:
- Submitting a formal complaint to the Brgy that the previous agreement was violated and therefore you must consider all elements of the agreement to be void.
- Request PhilHealth account info and verification that you child has coverage (as confirmed by the Member Data. Records (MDR) and prepay that on an annual basis,
- Keeping the DNA results to yourself pending additional decisions.
- Perfecting an affidavit that list all of the previous contributions and violations of fraud as you state that you can no longer be active in the US Citizenship process without further evaluations.
- Put in writing that you will set up a Peso account in you child's name that can only be used by an authorized that has with limited withdrawals authority.
- Declare your belief in a written statement that the mother is untrustworthy and may not be able to properly give your child proper care, shared with the Brgy, PNP Women's desk and DSWD.
- Ask DSWD to provide you with a court approved custodian of the bank account for your child in writing.
- Identify that you will be returning to the USA in the near future and need this matter brought to the safest level for your child's survival.
- If sponsorship is not an option, go to a BDO or bank of your choice and learn what it takes to set up an account for your child. Note: Per BDO - "Children age 0-12 years old can open a BDO Junior Savers account and get a free BDO Junior Savers ID Card for as low as Php100.00 in initial deposit." If this is in your name only and you grant a selected adult to be on the account, this can also work.
- Do not have any direct deposit retirement funds sent to any account here in the PI.
You must insist that all responses be official and in written form, in English. If you are in the same area;
- Move away and do not share your new location.Â
- Have any/all contact thru the local Brgy and PNP.
- Do not text or call to the mother or respond to the same, under any circumstances... as this continues the chance of being charged with RA 9262 will increases. See below:
Caution!! Do not get into a situation where the mere filing of a RA 9262 case against you can bar you from leaving the PI with a "precautionary hold departure" order.....
"With the new rule on issuing precautionary hold departure orders, a person, then, can be barred from leaving the country despite the absence of the filing of an Information against him, or pending preliminary investigation and the determination of probable cause showing that he probably have committed an offense."
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