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trespassing crimes in the Philippines

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1 trespassing crimes in the Philippines on Sat Apr 28, 2012 2:18 pm

nathanpogi


Arresto Menor
I have an exercise bike that my wife lend to her friend. When my wife want's the exercise bike back, her friend refused to give it back because she wants a gift given to my wife before, by her, when they were in good terms to be paid first by my wife amounting to P2000 for one bottle of fruit juice. My wife refuses to pay the amount because had she known that she will be charged for that gift she would not have drunk it.
I went to my friend's house to personally get the exercise bike because I know if my wife gets it, nothing will happen but only shouting matches.
When I get there I asked a new housemaid that I am looking for the homeowner and I am going to get my exercise bike. But I was surprised when the maid said I could not get inside and that her amo is not in the house. But since I was hearing the voice of my wife's ex friend behind a partition, I ran past her and confront my wife's friend and told her I would be getting my exercise bike myself. What happens next surprised me, I was nabbed by her boyfriend who was five inches taller than me drag me inside and pin me to the wall. Then they laugh and told each other that this guy(me) trespasses and that they will get the police because this means 12 hrs detention. I went to the police station because I think they will conduct a proper investigation but I was locked for 12 hours without getting my statement. Then in the morning I got a summon from the barangay for trespassing.
Now I was confused because how can I trespass when I am only one person, and they are 10 in the house, they could easily throw me out if they want to. And also they want as settlement that I no longer take the exercise bike or they will push through with the case and told me that it will affect my NBI clearance or something.
Please advise what are my rights in this, I have no witness on my side because I enter their house alone because I was an invited guest before and there is no previous prohibition before for me not to enter their house. I even sleep in their rooms during the time the she and my wife are friends.
Please help!!! I want to know what are my rights regarding this issue.

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2 Re: trespassing crimes in the Philippines on Sun Apr 29, 2012 10:01 pm

attyLLL


moderator
righteousness can as easily as greed get you into trouble.

try to work out an agreement at the bgy.


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nathanpogi


Arresto Menor
We went to the Brgy and the petitioner would also like to me to pay P2500 aside from the bike. That is too much, I have spent 12 hrs in jail which never happened in my entire life. I think I am going to loose my dignity if I accepted that because it's a clear cut case of blackmail and extortion. She also said that the money is for only the civil liability and that she would push for the crimnal liability also. I look at some of the provisions of the revised penal code and it says there I must have criminal intent. Also I have pictures of her and my wife together when we where still friends and text messages from her inviting her to her house on other occasions and also text messages that sends regards to me. So I have no intention of trespassing because I am a welcomed guest at the house prior to the incident and also during the incident it was her birthday party. Is that enough as a justifying or exempting circumstance. I am trying to make an affirmative defense so I would be the one to present evidence just in case it goes to trial. Also I am fearing if I succomb to the threat she is not going to pay my wife the P25000 she owed to my wife where she issued a promissory note due last March 6, 2012 but was never paid.

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