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Need advise-Oral Defamation

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1 Need advise-Oral Defamation on Tue Mar 13, 2012 3:46 am

alexia26


Arresto Menor
Hi,

I am seeking for your advise on this matter. On the last week of January, our neighboor got angry to the point that he said bad expression directly in my boyfriend's face. He said "Putang ina mo! Putang ina ka! Putang ina ka!" Sorry but I think i have to write down the exact words he said. he said it in front of many people and I really find it very degrading. My BF's mother is not like that, she's actually a Secondary teacher so his expression is a 100% lie. We didn't file any complaint that time because his wife apologise to us. We actually moved out of the house just to be away from him. On March 10, we were invited to attend a gathering on their area (it's a 4 door apartment, we are invited in by our friend that lives beside his apartment).Boys drink beer and the usual got drunk. They asked my BF about the former incident that triggers him to feel the anger. He actually shout and cried because he was really hurt by the word that our neighboor told him. No encounter between them happened because our friends consoled my BF and our neighboor is actually sleeping that time. On March 12, 2012, our new landlady in our new house informed us that there was a man asking her what is the last name of my boyfriend and told her that don't tell anyone that he asked her. I also believe that that is not right. Why is he asking for information to other people he didn't know. He can directly asks us for thet info. Please advise if we can still pursue a case against him.

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2 Re: Need advise-Oral Defamation on Tue Mar 13, 2012 3:53 am

alexia26


Arresto Menor
I strongly believe that he has caused us damage. My BF is always having dreams about the incident. The dream was recurring and he lose self confidence. This is because we didn't have the chance to defend ourselves to them and all of the people who witnessed that incident. The reason we keep our feelings that way is that we're a bit pity on him. He has highblood pressure and already got stroke that's why we tried to be patient on him. But in this point in time he really causes us stress and bad image to other people. He is pushing to his limits. We want him to learn his lessons in a legal way. This is the only way that we will feel relieved.

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3 Re: Need advise-Oral Defamation on Thu Mar 15, 2012 2:05 pm

attyLLL


moderator
it can be considered slight oral defamation. he can file a complaint at the bgy first then at the prosecutor's office. you should expect a similar counter charge for what he did also.


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4 Re: Need advise-Oral Defamation on Fri Mar 16, 2012 1:16 am

alexia26


Arresto Menor
In relation with this, the neighboor filed complaint to the Baranggay... He filed trespassing and threat against my BF and me. Take note, he included me. Are the case valid? First, trespass, we are invite in that area and we do not step into his house or infront of his house. And we still have a refundable deposit to claim to out former landlord, so i believe we still have the right to go there to claim our money. Second, why did he include me, I don not talk to him, in what way was he threatened by me?

Can I file a counter case of oral defamation or libel since it was recorded in the baranggay and i have the copy? Can I claim moral damages since it causes humiliation in my part? I heard a different news was spread in their apartment, exagerated stories spread out. AndI really don't know why he filed a case against me? My reputation is affected.

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5 Re: Need advise-Oral Defamation on Tue Mar 20, 2012 8:47 pm

attyLLL


moderator
for a complaint to prosper, you will have to prove that there was malice in filing a charge against you, and that is very difficult.


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