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Filing a case after 4 years

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1 Filing a case after 4 years on Mon Aug 20, 2012 11:47 pm

partly_cloudy


Arresto Menor
I just want to ask if I can still file a case of rape even if 4 years have passed?

and another thing is can I sue a 15 years old of rape or R.A 9262?

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2 Re: Filing a case after 4 years on Tue Aug 21, 2012 7:52 pm

attyLLL


moderator
yes on the first.

on the second, yes if there was a dating relationship


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3 Re: Filing a case after 4 years on Wed Aug 22, 2012 4:41 am

partly_cloudy


Arresto Menor
I just found out that my spelling of "filing" is wrong... my bad.

By the way, I'm a bit confused with the dating relationship. According to sec 3 it refers to a situation wherein the parties live as husband and wife without the benefit of marriage or are romantically involved over time and on a continuing basis during the course of the relationship. I'm confused with this since he was my boyfriend (but we didn't live together on the same house) so can we call that as Dating relationship? or it's more on sexual relationship (since we did have sex)?

We are both 15 then when it happened and now I am ready to file a case against him. I got traumatized and depressed because of what happened.
Can I still file a case against him? If ever I can, will he be put in jail or he will just pay me for the damages?

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4 Re: Filing a case after 4 years on Sat Aug 25, 2012 12:29 pm

attyLLL


moderator
filing the case is one thing; whether it will prosper is another, and it will depend on the evidence.

if he was at least 15 years old, then he was still a minor. you will have the burden of showing that he knew that what he was doing was wrong, else his minority will be considered an exempting circumstance.

experts in this kind of crime can greatly help you. i recommend you visit the women's desk of the nbi or the pnp in crame.


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5 Re: Filing a case after 4 years on Tue Sep 11, 2012 11:31 pm

partly_cloudy


Arresto Menor
attyLLL wrote:filing the case is one thing; whether it will prosper is another, and it will depend on the evidence.

if he was at least 15 years old, then he was still a minor. you will have the burden of showing that he knew that what he was doing was wrong, else his minority will be considered an exempting circumstance.

experts in this kind of crime can greatly help you. i recommend you visit the women's desk of the nbi or the pnp in crame.

Sorry for the late response. Thanks for your advice and I have another question in mind. What if he will be declared guilty, does his parents will also be put in jail?

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6 Re: Filing a case after 4 years on Sun Oct 21, 2012 2:46 pm

concepab


Reclusion Perpetua
partly_cloudy wrote:
attyLLL wrote:filing the case is one thing; whether it will prosper is another, and it will depend on the evidence.

if he was at least 15 years old, then he was still a minor. you will have the burden of showing that he knew that what he was doing was wrong, else his minority will be considered an exempting circumstance.

experts in this kind of crime can greatly help you. i recommend you visit the women's desk of the nbi or the pnp in crame.

Sorry for the late response. Thanks for your advice and I have another question in mind. What if he will be declared guilty, does his parents will also be put in jail?

why his parents would go to jail too? may participation ba sila sa crime?

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7 Re: Filing a case after 4 years on Sun Oct 21, 2012 2:55 pm

partly_cloudy


Arresto Menor
concepab wrote:
partly_cloudy wrote:
attyLLL wrote:filing the case is one thing; whether it will prosper is another, and it will depend on the evidence.

if he was at least 15 years old, then he was still a minor. you will have the burden of showing that he knew that what he was doing was wrong, else his minority will be considered an exempting circumstance.

experts in this kind of crime can greatly help you. i recommend you visit the women's desk of the nbi or the pnp in crame.

Nabasa ko lang po kasi na pag minor po kasama po yung parents pag kakasuhan na.
Sorry for the late response. Thanks for your advice and I have another question in mind. What if he will be declared guilty, does his parents will also be put in jail?

why his parents would go to jail too? may participation ba sila sa crime?

Kasi po may nabasa po ako na pag minor daw po yung gumawa ng crime pati po daw parents included po.

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8 Re: Filing a case after 4 years on Sun Oct 21, 2012 3:12 pm

concepab


Reclusion Perpetua
partly_cloudy wrote:
concepab wrote:
partly_cloudy wrote:
attyLLL wrote:filing the case is one thing; whether it will prosper is another, and it will depend on the evidence.

if he was at least 15 years old, then he was still a minor. you will have the burden of showing that he knew that what he was doing was wrong, else his minority will be considered an exempting circumstance.

experts in this kind of crime can greatly help you. i recommend you visit the women's desk of the nbi or the pnp in crame.

Nabasa ko lang po kasi na pag minor po kasama po yung parents pag kakasuhan na.
Sorry for the late response. Thanks for your advice and I have another question in mind. What if he will be declared guilty, does his parents will also be put in jail?

why his parents would go to jail too? may participation ba sila sa crime?

Kasi po may nabasa po ako na pag minor daw po yung gumawa ng crime pati po daw parents included po.

sa palagay mali ang nabasa mo tungkol dun. Very Happy

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9 Re: Filing a case after 4 years on Sun Oct 21, 2012 3:15 pm

partly_cloudy


Arresto Menor
Ah ok po kiniclear ko lang po thank you po sa advice =)

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10 Re: Filing a case after 4 years on Sun Oct 21, 2012 8:56 pm

victim ra9262


Arresto Menor
partly_cloudy wrote:
concepab wrote:
partly_cloudy wrote:
attyLLL wrote:filing the case is one thing; whether it will prosper is another, and it will depend on the evidence.

if he was at least 15 years old, then he was still a minor. you will have the burden of showing that he knew that what he was doing was wrong, else his minority will be considered an exempting circumstance.

experts in this kind of crime can greatly help you. i recommend you visit the women's desk of the nbi or the pnp in crame.

Nabasa ko lang po kasi na pag minor po kasama po yung parents pag kakasuhan na.
Sorry for the late response. Thanks for your advice and I have another question in mind. What if he will be declared guilty, does his parents will also be put in jail?

why his parents would go to jail too? may participation ba sila sa crime?

Kasi po may nabasa po ako na pag minor daw po yung gumawa ng crime pati po daw parents included po.

lols sakit tyan at panga ko kakatawa lol! lol! lol!

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11 Re: Filing a case after 4 years on Sun Oct 21, 2012 11:25 pm

AWV


Reclusion Perpetua
ala ka rin magawa anu? Razz

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12 Re: Filing a case after 4 years on Sun Oct 21, 2012 11:27 pm

partly_cloudy


Arresto Menor
AWV wrote:ala ka rin magawa anu? Razz

Who?

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13 Re: Filing a case after 4 years on Sun Oct 21, 2012 11:28 pm

partly_cloudy


Arresto Menor
lols sakit tyan at panga ko kakatawa lol! lol! lol!

Hehe sorry nabasa ko lang kaya ko nga kini clear Very Happy

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14 Re: Filing a case after 4 years on Mon Oct 22, 2012 12:21 am

AWV


Reclusion Perpetua
lol! Who ka pa dyan! eh di ikaw na nga! 50

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15 Can i file a estafa case? on Sat Oct 27, 2012 10:09 pm

Althea2005


Arresto Menor
Hello! i just want to ask if i can still file a estafa case even its happens 6 yrs? hoping for your reply... thanks and God Bless.

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16 Re: Filing a case after 4 years on Sat Oct 27, 2012 10:27 pm

Atty.NMH


Arresto Menor
How much was involved?

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