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child abuse -mother seeking advise

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1 child abuse -mother seeking advise on Tue May 15, 2012 1:16 pm

jonanna


Arresto Menor
I would like to seek advise if I can file a Child Abuse case against my adult kapitbahay. She calls my 1 year old son "malnourished" couple of times, she would say "di ka pinapakain, punta ka sa amin madaming pagkain", she once shook him like what you see on "shaken-baby syndrome videos" and the most unbearable thing she did last Saturday night is she hit/slapped my son in the thigh in front of me. As as my defense, "minura" ko sya. We are not even close, I do not even talk to her. Can I file a child abuse case against he even if my son did not have any "pasa" on his thigh? I want to file a blotter sa barangay.

Please advise.Thank you.

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2 Re: child abuse -mother seeking advise on Tue May 15, 2012 1:37 pm

ibonidarna


Reclusion Perpetua
Are there other witnesses of the utterances, and physical abuse?

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3 Re: child abuse -mother seeking advise on Tue May 15, 2012 3:10 pm

jonanna


Arresto Menor
Yes, my husband, my bayaw and 2 other male kapitbahay witnessed the whole incident last Saturday night. Me, my husband and my bayaw (who takes care of my children when I am at work) witnessed when she called my son malnourished, on 3 or 4 different instances.



Last edited by jonanna on Tue May 15, 2012 3:22 pm; edited 2 times in total (Reason for editing : addition of sentence)

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4 Re: child abuse -mother seeking advise on Tue May 15, 2012 5:52 pm

lawyeranger


Prision Correccional
yes, proceed to the women and children desk at the PNP, RA 7610 says

(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any of the following:

(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;

(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being;

(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or

(4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development or in his permanent incapacity or death.

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5 Re: child abuse -mother seeking advise on Wed May 16, 2012 12:55 pm

jonanna


Arresto Menor
Thank you for the reply. I already filed a formal complaint in our Barangay last night.

I have another query.

Can she file Oral Defamation against me because of the foul words/mura I said to her last Saturday Night after she hit my son?
If yes, what is the degree of the Oral Defamation case against the Child Abuse case I filed against her?

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6 Re: child abuse -mother seeking advise on Wed May 16, 2012 2:44 pm

ibonidarna


Reclusion Perpetua
Yes. What do you mean?

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7 Re: child abuse -mother seeking advise on Wed May 16, 2012 3:08 pm

jonanna


Arresto Menor
(1)If I can be filed with Oral Defamation, what is the worst penalty/punishment if I will be proven guilty?

(2) On the Child Abuse case against her, based on my initial statement,what is the worst penalty/punishment she will have if proven guilty?

Thank you very much for the help.


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8 Re: child abuse -mother seeking advise on Wed May 16, 2012 3:35 pm

ibonidarna


Reclusion Perpetua
Penalty would depend on what is proven. But between the two, the penalty for Child Abuse and/or Physical injuries in relation to RA 7610 is harsher or heavier.

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9 Re: child abuse -mother seeking advise on Wed May 16, 2012 3:59 pm

jonanna


Arresto Menor
Again Thank you so much for this comment. This gave me more confidence to push through with the complaint I filed. There was a little hesitancy on my part because of what she could counter against me.

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10 Re: child abuse -mother seeking advise on Wed May 16, 2012 8:31 pm

concepab


Reclusion Perpetua
jonanna wrote:Thank you for the reply. I already filed a formal complaint in our Barangay last night.

I have another query.

Can she file Oral Defamation against me because of the foul words/mura I said to her last Saturday Night after she hit my son?
If yes, what is the degree of the Oral Defamation case against the Child Abuse case I filed against her?

she can. pero maari mong gawing reason ang ginawa niyang pananakit sa anak mo. it is a normal immediate reaction ng isang parent.

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11 Re: child abuse -mother seeking advise on Fri May 18, 2012 3:22 pm

jonanna


Arresto Menor
Maraming salamat po.
I am still waiting for the Barangay's Subpoena to hear out her reason.

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12 Re: child abuse -mother seeking advise on Thu May 23, 2013 5:14 pm

femondas


Arresto Menor
I want to ask if my laban ako s kpitbhy ko n nireklmo ko ng child abuse dahil p ulut ulit nua pgssabi ng bobo s dalawa ko anak

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13 Re: child abuse -mother seeking advise on Fri May 24, 2013 7:37 pm

attyLLL


moderator
none if you don't pursue the case. whether it will prosper depends on the evidence presented and the appreciation of the judging body.


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zha06


Arresto Menor
ang nangyari po kasi 4 years ago my nbuntis po ako gf ko then naghiwalay din ngkaroon po ako ng gf ulit at nbuntis ko din po ,,siya po yung pinanagutan ko kasi siya yung mahal ko,..ngaun po after 4 years ngaun lng po ngfile ng case s cityhall yung unang girl pra humingi ng support..ngaaral p po ako 24 y.o at walang work..kasal na din po kame ngayon nang nabuntisan kong pangalawa. dala po nung una yung apelyido ko...acknowledgement.. nagyon po may mga bagay n napagkasunduan kame..paano po kung hindi po niya masunod yun?like usapan namen s daycare ngayon private ang gusto niya,..tsaka my pwede po ba kong ifile n case dahil po pinipilit niyang ibigay yung support na hindi ko pa kaya? my anak nadin po xa s kinakasama niya ngayon...please give me advice..

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15 Re: child abuse -mother seeking advise on Sat May 25, 2013 4:40 pm

attyLLL


moderator
make sure you are giving something and retain proof that you are giving. keep negotiating. you can later file a complaint in court to fix the amount of support


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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