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Oral Defamation VS SPI

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1 Oral Defamation VS SPI on Sat Feb 18, 2012 2:26 am


Arresto Menor
Hi! I want to ask advice on how to deal with this case. This is about my dad and my aunt. Last year, my aunt kept calling my dad names, particularly "crazy" in our local dialect. Everytime he passes by my aunt's place, whenever she's around, she calls him crazy. We just told him to shrug it off and pay no attention to her. Prior to this incident, there has already been a drift between him and my aunt's family. They vandalized my dad's place by letting there dog poop there without doing any aftercare. Another incident was when my aunt's husband hit my dad with a chair when my dad defended my younger uncle. There was even a point when my aunt and her husband would go over my dad's place to piss him off and call him names. My grandma even called the attention of my aunt to have her stop doing it-- but it was no use. All these situations, there was never any blotter made, including when they hit my dad with a chair. Just recently, my dad got fed up with her calling him names. He hit her in the face. He was provoked because he was insulted. This time, he made a blotter about her calling him names (oral defamation). The same day, my aunt made a blotter against my dad regarding her physical injury, right after she got herself checked (medico legal). After the incident, my aunt's husband stormed in my dad's place and even on my grandma's place and said that he will kill my dad. This provoked my dad to make another blotter regarding death threats. Because of the blotter regarding the physical injury, my dad was summoned. During the hearing, she lied. She denied calling him names. She even said that my dad hit her when she turned her back against him, that she was almost hit by a car. This is not true. My dad admitted hitting her, even asked sorry for it but that he was provoked. My dad hit her when they were face-to-face. Her husband was there, saw the whole thing and didn't even do anything about it. And this happened near the gate, but not on the road, and there was no chance of her being "almost hit by a car". She refuses to cooperate with the barangay and she really wants to sue my dad. What can we do about this? My aunt and younger uncle are willing to testify against my aunt, the she keeps on pissing him off, and also regarding the previous incidents. My aunt is a guidance counselor, a graduate of psychology and even took a masteral/ doctorate degree of behavioral management or behavioural science. When another uncle tried to mediate initially, my aunt's husband said that he is not going to help or do anything because it's my aunt's right. He also said that my aunt already studied my dad's behavior, that she was already anticipating that this would happen, and that it would be no suprise if my dad will kill them. My question is, if she already knew this would happen, why provoke him further? My dad is a low-profile individual. He doesn't mingle much with her and her family because he doesn't want any trouble. But it seems that she's the one who really brings trouble to him.

She denied calling him names. So that would mean that my dad is hearing things and that he is a nutcase. But this is not true. My dad is willing to submit himself both to a mental state exam and to a lie-detector test. She also said that she was hit when her back was against my dad. I know there is an analysis for this, I watch too much CSI and NCIS for me to know this. Could we request for an analysis of her injury? Like where the impact originated and how the injury could have happened on different angles? I need advice on what we could do about this and what steps we need to do next regarding this.

Hoping for a prompt reply as soon as possible.

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2 Re: Oral Defamation VS SPI on Sat Feb 25, 2012 11:00 am


what does your dad want to happen?

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3 Re: Oral Defamation VS SPI on Sat Feb 25, 2012 2:54 pm


Arresto Menor
attyLLL wrote:what does your dad want to happen?

he admits hitting her but that he was provoked. he just wants to clear his name that he didn't hit her with no reason at all. 'yun lang gusto niya. but apparently, my aunt really wants to sue him in court. we have enough money to sustain us, but wala kaming budget para sa court. so as much as possible, kung pweded ma avoid ang court, avoid namin. what else can we do po? also, if ever ma court talaga, what can we do?

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