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Victim of hold-up but eventually that victim was accused of THEFT

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evelyn_galero


Arresto Menor
Good day everyone! I badly need your help regarding the case of my cousin. He is a driver and is always requested and trusted to drive and to deliver goods. Last July 20, 2010, he was requested to deliver 27 sacks of rice in a faraway barangay. Heís locally known in the area so heís comfortable of traveling even during night time or early morning. July 21, 2010 at about 3am, when heís approaching 2 barangays before his destination, he was shocked when something hit the glass of the truck he was driving, the glasses were broken, and so he stopped to check what happened. Then a group of armed men pointed him a gun and a knife and they declared hold-up. Shaking with fear and very much shattered, he begged to the hold uppers not to kill him because he has families but these men assaulted/punched him and took the 27 sacks of rice together with his silver necklace. He continued begging and eventually he was released and left on the road. So he ran fast and cried for help in the neighboring barangay. He asked for help with the Brgy Captain and the people in the community. The next day, it was reported to the police and he was in fact interviewed by the local media. After few days, the owner of those 27 sacks of rice filed a case of THEFT to my cousin. All of us were disturbed and angry because we thought the sympathy is on us. That incident caused trauma to our cousin. Heíll be accused of THEFT because the owner believed that itís inside job??? Until now, the police were not able to catch or identify the suspects. The case was already filed against my cousin. What must be done? Can we file a case of 'Defamation of Character or moral damages? We really knew by heart that my cousin is innocent.

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attyLLL


moderator
was the case filed in the prosecutor's office? your cousin should focus primarily on his defense by submitting his counter affidavit and evidence. he should focus on his immediate reporting of the crime and even present the media reports.

he can file a case of perjury or false incrimination as a counter charge. good luck.


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evelyn_galero


Arresto Menor
thanks sir for the reply. yes sir, the case was already filed in the prosecutors office.when can we file a counter case?

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attyLLL


moderator
you can do so now, but in truth, he has to show positive proof that the complainant was lying.


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amber


Arresto Menor
Is it possible to file false incrimination case to a complainant after the case is finished if ever I will win the case and proved my innocence to the case the complainant filed?

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attyLLL


moderator
yes, but i am sorry ot say that such cases rarely prosper especially after a finding that there was probable cause to hold you liable.


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