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Slight Physical Injury (Sepetember 2010)

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1 Slight Physical Injury (Sepetember 2010) on Wed Sep 01, 2010 6:46 pm

rhob3


Arresto Menor
Good day! sa lahat ng Attorneys here! I have a problem because someone filed a SLIGHT PHYSICAL INJURY case on me. The
short story is this..
Were just starting a mild "drinking session" w/ 4 of my friends on my place when 1 of our friend(already drunked) came. And as we know drunked person is very annoying compared to us w/c is just starting. And that person started to annoy me when he keeps insisting to forget the hate that i have on his friend w/c is also my friend before. I told him that I don't want to forget that unless that person pays the money that he owe to me.
He just keeps repeating it all over and over until we finally pissed off. At the time he is leaving(remember he is on my place) he throws a chair to me and as I got that chair, I see him heading for a case of empty bottles of softdrinks which then I decided to throw back the chair and I go to him and we both slam on the bottles. We made a fight for 5 minutes.
His brother w/c is also w/ us drinking tried to stop us. I stopped because I'm not that drunk compared to him. We've
noticed that he has a blood flowing from his head and for me blood on my arms maybe because of the broken bottles.

Then that guy decided to go outside and threw stones on our house he didn't stop even if his brother already told him
to stop. Until the guard on our subdivision were merely shooting him but our friends just stop the guard and said "Wag nyo pong barilan kaibigan po namin yan".That guy stopped go home and after a minute the baranggay along with him and his father came. Infront of the baranggay tanod that guy's father punch me at my stomach of course that hurts.
We goto Hospital for his medical and for me, one of the tanod insists that I dont need a medical because its only
on the arm compared to that guy w/c is in the head.The guy had a 4 stiches cut on the head.They file case on the baranggay and goes to lupon.In baranggay proceddings they want me to pay 1600 but I insist to pay only half because
He started the fight and not me and we both have wounds because of that fight.
He filed a case to the court and my PAO Atty. suggest me not to attend on the first hearing(although we are there on the vicinity of the court) maybe because
I told her I have a plan on going out of country by the next month for a job.
Then here's the BIG surprise the next month, the day I was leaving couple of man showed on our house saying that I
have an arrest warrant. What the hell!! All I know is that it will took 3 absences on trial proceddings before someone will have an arrest warrant( for Contempt of court). We talked to those police w/c is not in uniform and give them some bucks to allow me to go w/ my flight.
Now the problem is this I'm planning to have a vacation because it happened a year ago. I know that when i don't go
to my address stated on the warrant, the warrant cannot be served. My vacation is only for 1 month.But all I want to is to end this non-sense case. How can I end this?
And if its possible I don't want to go to that guy just to finished the case because the principle is already at stake here.
How much is the penalty for Slight Physical Injury? and if I pay that will the case be ended?
If I hire a private attorney what is the percentage of winning this case?

and by the way the incident happens inside my house/shop w/c I think(if im not mistaken) is one of the great defense
that I have.

last thing(I dont know if it make a sense) the name they filed on the case was not my real name its only my nickname.

Thank you and hoping for reply from the great attorneys out there...

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2 Re: Slight Physical Injury (Sepetember 2010) on Wed Sep 01, 2010 10:46 pm

attyLLL


moderator
actually a warrant of arrest can be enforced in any part of philippine territory. i recommend that your first check with the Bureau of Immigration if there is an alert out for you so you can avoid being detained at the airport.

penalty for slight physical injuries is 30 days or P200 and censure depending on the judge's discretion. you can choose to plead guilty but with your previous flight, the judge may impose the max penalty, but you can file for probation. note that this may, if it hasn't already, on your nbi record.

i would recommend that you face your case. after a year the complainant may not be as determined to pursue the case or may no longer be available. you will also have the opportunity to settle with them through mandatory mediation.


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3 Re: Slight Physical Injury (Sepetember 2010) on Thu Sep 02, 2010 1:34 pm

rhob3


Arresto Menor
Thanks Attorney for your quick reply,,,,

Your recommendation atty. is to face the case. But my vacation is for only 1 month is this time sufficient enough?

According to my statement, Is there any chance that I can win this case? I'm not the one who started the fight and it happens inside my house.

For the other option of pledging guilty, I will fine 200 and censure, can you elaborate me what are the common censure given for this type of case?

This is my first time I've been to this so I'm sure that I have no NBI records.
So if I file probation do you mean atty. that censure will be gone and I will fine only 200 or both will not be impose??

I hope you can answer my queries because this bothers me a lot. Your site is a very big help for us who's longing for legal advice from a professional like you...Thanks!

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4 Re: Slight Physical Injury (Sepetember 2010) on Thu Sep 02, 2010 1:44 pm

rhob3


Arresto Menor
I've checked some of the post here regarding slight physical injury, Is it true that the case must be filed 2 months after the incident??

Because the incident happened last sept. 2008 and they file it may 2009?? Is there something wrong with this???

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5 Re: Slight Physical Injury (Sepetember 2010) on Thu Sep 02, 2010 3:30 pm

attyLLL


moderator
by facing the case, i recommend that you post bail and plead guilty or not guilty. after doing so, you can leave again if there's no hold departure order on you.

this will be under summary procedure where you will only submit affidavits. finishing it all in one month depends on how fast your lawyer can work and the availability of the court.

regarding prescription, filing of the case refers to when the complaint was filed in the prosecutor's office or the court. if it is warranted, you can file a motion to quash the information or use it as a valid defense.


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6 Re: Slight Physical Injury (Sepetember 2010) on Thu Sep 02, 2010 5:32 pm

rhob3


Arresto Menor
So you mean atty I can file motion to quash if the case is filed more than 2 months after the incident? or if they file the case to a name which is not my real name?

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7 Re: Slight Physical Injury (Sepetember 2010) on Thu Sep 02, 2010 7:59 pm

attyLLL


moderator
wrong name is not fatal. it can be corrected because they are referring to you. what did you do when the complaint was filed in the prosecutor's office? did you file a counter affidavit? the date of filing in this office is the important date.

the law has not been too clear about this, but i believe the period when the bgy lupon proceedings were on-going, the prescriptive period is stopped and restarted when the the certificate to file action was issued. if more than two mos passed, then you have a basis to quash the complaint.


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8 Re: Slight Physical Injury (Sepetember 2010) on Sat Sep 04, 2010 1:39 pm

rhob3


Arresto Menor
After They filed the case, my PAO atty wants to file a "tresspass to dwell" counter charge(because it happened inside my house).But she didn't continue it because the fact that I am leaving after one month on that time.
She just dont let me attend the 1st hearing I dont no why.

What do you think atty. the best move that I can do when I arrive there?
Can the case still proceed without me because my vacation is only 1 month?(because someone says its possible)
Is there a chance that I may have a hold departure order because of this?

I hope you don't get annoy on the questions that Im asking because this really bothers me.

And you're really a big relief many thanks!

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9 Re: Slight Physical Injury (Sepetember 2010) on Sat Sep 04, 2010 8:52 pm

attyLLL


moderator
i believe your best move is to go to the court and file bail, then yes, the case can continue while you are gone. MTC's are not empowered to issue a hold departure order.


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10 Re: Slight Physical Injury (Sepetember 2010) on Sun Sep 05, 2010 1:06 pm

rhob3


Arresto Menor
Again a great thanks! to you Atty.
Your advice is a very big help to me
More Power and God Bless,,,

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11 Re: Slight Physical Injury (Sepetember 2010) on Tue Sep 07, 2010 2:28 pm

rhob3


Arresto Menor
Another thing Atty. Is it possible for me to file a counter charge of "Tresspass to Dwell" at this time?
Because the incident happened 2 years ago.

And can you give me a smart advice for what any other defense I can put to this case so I have a chance of winning

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earvin


Arresto Menor
Ilang oras po ba puede kumuha ng medico legal after the incident na magiging valid pa.

A neighbor is eager to file a complaint against my wife, sya rin naman dahilan kung bakit ginawa ng asawa ko yun, tinadyakan ng asawa ko ng isang beses lang. Ngayon ayaw nya makipagayos sa barangay. Stupid

Biro mo pinagkalat nya, and isinagaw pa nya na may kahalikan na negro asawa ko.. Stupid.. hehehe.. i know its not true pero yung effect sa family namin malaki, nakakahiya.. at may possibility pa na makarating sa mga kamaganak namin... It's all about reputation. And inaamin nya talaga nya pinagkalat nya yun.. and sinabi rin nya sakin ng harapharapn. muntik ko na nga mabugbog asawa ko. And damay lang kami d2..

My wife is filing a counter charge to her - Oral Defemation or libel.. ano ho ba penalty nito.

Help. Please reply

EARVIN

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13 Re: Slight Physical Injury (Sepetember 2010) on Tue Sep 07, 2010 11:16 pm

attyLLL


moderator
rhob, qualified trespass to dwelling prescribes in 5 years. the best advice i can give you is to retain competent legal counsel. i also recommend you still be open to settlement under terms acceptable to you if only to buy peace of mind.

earvin, the medico-legal officer will certify only to the injuries he is able to observe so there is no time limit. libel is in writing. i think oral defamation is more apt. punishment is 1-6 months




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14 what would be the possible demand? on Fri Sep 10, 2010 1:09 pm

ailene


Arresto Menor
my brother and my father were
the complainant. and then ano
po ba pwede idemand ng pamilya
ko nandoon na kami sa mandotory
mediation, tapos palagi parin
silang sumisingit sa amin
pagdaraan kami sa tapat ng bsaahay nila
sinisigawan...

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15 Re: Slight Physical Injury (Sepetember 2010) on Fri Sep 10, 2010 7:29 pm

attyLLL


moderator
ailene, i don't understand the situation. please add more details. i also think you should start your own thread.


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16 Re: Slight Physical Injury (Sepetember 2010) on Sat Sep 18, 2010 12:36 pm

cosmo466


Arresto Menor
Atty, I would like to ask the case of physical injury involving my cousins' fight there are brother and sister.. last night they had a fight and her brother punched her to her face and all over the body so as a result, she filed a complaint in the police with proven medical claim and anytime this day the police will arrest her brother, we have tried to convince her to consider their family ties but the girl did not listen. they have had previous fights before but this is the worst.. so my concern today is her brother that would be arrested and jailed how could we help him considering he was drunk that night? so sad.. it a battle between brother and sister. what will be the penalty the brother might get in case he goes to jail thanks...

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17 Re: Slight Physical Injury (Sepetember 2010) on Sat Sep 18, 2010 5:54 pm

attyLLL


moderator
i recommend that the brother can validly question this planned arrest because the supposed crime because there was a big gap in time from when the crime was committed. it would not be a crime for him to hide or refuse their 'invitation'.

the sister has a right to redress of her rights. if the police are unable to arrest the bro, what she needs to do is file a complaint at the bgy.

what does it say on the med cert regarding number of days to recuperate? if less than 10 days, it will be for slight physical injuries and penalty is 1-30 days.


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18 Re: Slight Physical Injury (Sepetember 2010) on Sun Mar 27, 2011 7:34 pm

ineedhelp


Arresto Menor
hi atty!
kinasuhan po kasi ako ng slight physical injury ng half-sister ko..
magssecond hearing na po kami sa lupon. ayaw niya pong magpaareglo.

lumapit po ako sa PAO pero sabi sakin mabibigyan lang daw po ako ng abogado once na may naissue ng certificate to file action. sabi po sakin, dalawa daw po magiging kaso --- slight physical injury and violence against women.. pero nabasa ko po kasi sa isang thread dito na applicable lang ang violence against women sa mag-asawa or if the offender has a love relationship with the offended party. medyo naconfuse lang po ako.

ano po kelangan kong gawin? at magkano po ang penalty and bail kung sakali? mag-aappear din po ba to sa nbi record ko?

sana po matulungan niyo ko.. sa march 30 na po ung second hearing namin sa lupon.

maraming salamat po! God bless!

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19 Re: Slight Physical Injury (Sepetember 2010) on Sun Mar 27, 2011 9:43 pm

attyLLL


moderator
i disagree that ra 9262 will apply.
Code:

(a) "Violence against women and their children" refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate,

all you can do is keep talking to her. you can't prevent her from filing a case, but many are not able to persevere through the very difficult process of prosecution.


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20 Re: Slight Physical Injury (Sepetember 2010) on Sun Mar 27, 2011 11:49 pm

ineedhelp


Arresto Menor
thanks for the clarification, atty.

magkano po yung piyansa if ever? or is there any way para hindi po ako makulong? mukha po kasing ayaw niyang i-urong yung kaso.

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21 Re: Slight Physical Injury (Sepetember 2010) on Mon Mar 28, 2011 7:42 pm

attyLLL


moderator
it depends on what case, if any, will be filed against you. slight injuries is like P2,000


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22 Re: Slight Physical Injury (Sepetember 2010) on Fri Apr 22, 2011 7:31 pm

ineedhelp


Arresto Menor
Nag-issue na po ng certificate to file action ung brgy. sa sister ko. Pero wala pa po siyang pinafile until now. Meron po bang prescriptive period yun? Hanggang kelan po magiging effective yun?

Maraming, maraming salamat po sa tulong niyo. God bless you more!

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23 Re: Slight Physical Injury (Sepetember 2010) on Sat Apr 23, 2011 10:06 pm

attyLLL


moderator
2 months excluding the time the case was pending in the bgy.


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24 Re: Slight Physical Injury (Sepetember 2010) on Sat Apr 23, 2011 10:22 pm

ineedhelp


Arresto Menor
ok po. Kapag nagprescribe na po yun, wala na po siyang habol sakin? Thank you so much, atty.

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25 Re: Slight Physical Injury (Sepetember 2010) on Sat Apr 23, 2011 10:40 pm

attyLLL


moderator
yes


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