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1M for amicable settlement

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1 1M for amicable settlement on Thu Apr 04, 2013 8:13 am

bacteriophage


Arresto Menor
Good day!

Please i need expert advice.
My cousin who is a government employee and married had a relationship with a 17 y/o last year and they broke up last October. Now the parents of the girl have known about what happened and is threatening to file a case against my brother. My brother is of course bargaining for amicable settlement but the father is asking for my brother's resignation and damage of 1.5M pesos. My brother is OK to resign but is bargaining about the damage. Is this realistic? Obviously, my brother doesn't have the capacity to produce the said amount knowing the salary of a government employee. also, is this qualified as rape because the girl is below 18? The girl has not been forced as she even told their love story to my sister-in-law when she found out about it. Will it be wise to settle with them without getting a lawyer as we need all the money we can raise to pay the damage.

Thanks for the help in advance!

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2 Re: 1M for amicable settlement on Tue Apr 09, 2013 12:52 am

akustik82


Arresto Menor
1.5 m is indeed unrealistic. they can't even dictate your brother to resign. only the courts can fix the amount of damages.

as for rape, he cannot be guilty of rape as he did not employed force, violence or intimidation in gaining intercourse with the minor. the act was consensual. there is only statutory rape if the girl is less than 12 yrs old. however, your brother may be held liable for other acts of sexual abuse as defined in RA 7610 (anti-child abuse law). under the law, a child is any person below 18. Other sexual abuse as per RA 7610 is committed when a child ue to the coercion or influence of any adult shall indulge in sexual intercourse or lascivious conduct.

The elements of sexual abuse under Section 5, Article III of RA 7610 are the following:



1. The accused commits the act of sexual intercourse or lascivious conduct;

2. The said act is performed with a child exploited in prostitution or subjected to other sexual abuse; and

3. The child, whether male or female, is below 18 years of age

The penalty is reclusion temporal in its medium period (14 yrs and 1 day) to reclusion perpetua (20 years and 1 day to 40 years). It is wise to attempt on a settlement as the crime committed was serious. Try to negotiate with a lower amount if you can. By all means, try to consult legal advice from a counsel about this and provide all the details pertaining to the case.

Good luck.

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