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Advise please: attempted murder using a car

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1 Advise please: attempted murder using a car on Thu Apr 12, 2012 5:50 pm

10magnet


Arresto Menor
Me and my wife were standing by the street waiting for a bus to manila when we saw 5 men walking to our direction. Once they got a good look at us, 3 of them approached us. My wife is pretty and i immediately thought it was because of that fact that made them interested. they don't know that she's my wife.

One of them said that their friend is interested to get my wife's cellphone number. That it is his birthday and he was lonely because "his wife left him".

Meanwhile, the other 2 that didn't approach us crossed the road and one of them went in to a house to get his car. He then parked the car just in front of us for his friends to get in. after they were all in the car, they didnt leave yet. Asked us where we are going, i said to Manila. The birthday boy asked us if we wanted to take a ride so we can just catch a bus in the next stop (lame invitation). They drove off.

When they got to about 30 meters away from us, we saw the driver making a U-turn. He then passed us just to make another U-turn towards us. He drove on the street shoulders, and once he was about 10 meters away towards us, he sped going to the direction of where I was standing. In the split second that he was probably 3 meters from us, i saw him turning the steering wheel to the right to where im standing, so he can hit me. I stepped backwards and he narrowly missed me. After that, he made another U-turn and thinking that he will go after us again because he missed me, we ran to a small "eskenita" of houses to hide.

I can confirm they were drunk that night because i was able to pinpoint who the driver is using facebook and he blamed alcohol for the incident.

Do i have an attempted murder case that will stand up in court? Please advise.

Regards



Last edited by 10magnet on Wed May 09, 2012 11:13 pm; edited 1 time in total

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10magnet


Arresto Menor
the barangay hearing is a few days from now. Hope may makapag advice. thanks in advance po attys!

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10magnet


Arresto Menor
Anyone?

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sykes01


Arresto Menor
After the incident sir, what happened?

did you immediately go to a police station or did you just lodge a complaint sa nearest baranggay?

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10magnet


Arresto Menor
I reported the incident to the police the next day but they pushed us back to the Barangay Hall. The investigator then interviewed me about the details of the incident and recorded my statement on paper. He sent a summon to the respondent.

When I met with the respondent face to face yesterday in the Barangay hall, he confessed to the crime. But not before I interrogated him about his confessions on texts and on facebook. Initially he was lying saying that they only wanted to give us a ride to the next bus stop.

I think this is an easy case if i went to court due to his confession that he did swerve to hit me without the influence of his passenger friends. Unless the kind attorneys here say otherwise. I would really like to get their advise.

Thanks!

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sykes01


Arresto Menor
He admitted to doing it and if during your baranggay meeting it was recorded, could be used as evidence. But only after without reaching a settlement after several hearings could they forward it for the proper filing of charges.

Not quite sure why the police endorsed it back to the brgy when they could have done the follow up instead. Neutral

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lawyeranger


Prision Correccional
the confessions made before the barangay are INADMISSIBLE IN EVIDENCE...use of a car is one of the qualifying circumstances which means that the case maybe escalated to murder...

the thing is, an attempted murder does not necessitate a conciliation before the barangay, request the Police Officers to forward your Sworn Statement to the Prosecutors Office for PI

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10magnet


Arresto Menor
lawyeranger wrote:the confessions made before the barangay are INADMISSIBLE IN EVIDENCE...use of a car is one of the qualifying circumstances which means that the case maybe escalated to murder...

the thing is, an attempted murder does not necessitate a conciliation before the barangay, request the Police Officers to forward your Sworn Statement to the Prosecutors Office for PI

I went back to the Police Station yesterday to request for my case to be forwarded to the prosecutor's office. I stated the reason was the fact that this case has dragged on in the Barangay for a couple of weeks now and I'm seeing no progress. I'm also fed up with the family of the defendant soliciting help from my relatives and friends for me to "forgive" him. I am in a very awkward position everytime we meet.

As in my first visit to the police station, they asked me to comply with the Barangay proceedings and just wait until they issue the Certificate to File Action, which will be, hopefully, during our third meeting next week. I also told the Police Officers of his confession in the Barangay, and that this is a serious attempted murder case and if this isn't exempted from Barangay conciliation. Their answer: I wasn't harmed or injured, so this is not a clear cut case. They even said that this could go down only as grave threat. Are they making sense?

I appreciate the help Attorney. Thanks for your response!

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10magnet


Arresto Menor
Another inquiry atty's. What if i can't afford a private lawyer? What are my options?

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AttyLee


Arresto Menor
okay.

if you want to file a case:
go to the city prosecutor's office in the place where the incident happened.
file an information / affidavit-complaint there along with other affidavit of your wife and other witnesses that are willing to testify. if you can get the police report and the certfication to file action from the barangay that would be good.

as to the strength of your case against the driver:
do you have other eye witnesses who are willing to testify?
are you and your wife willing to take the witness stand?

the prosecutor might advise you that a case with a lower penalty should be filed, i suggest you consider his/her advise.

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10magnet


Arresto Menor
we are definitely willing to take the witness stand. Only other eyewitness except for the driver's friends/passengers is my wife. we have exempted the friends from the complaint since they revealed at the Barangay that they didn't influence the driver in turning the wheel towards me, that he acted on his own.

At what point during the process will the driver get an NBI record for this crime? at least i'd like him to have a record if he won't get jail time. I just want him to reflect and learn his lessons and experience the gravity of his actions.

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12 Re: Advise please: attempted murder using a car on Wed May 09, 2012 11:10 pm

10magnet


Arresto Menor
I thought this topic deserves a closure. We settled for P20,000.

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