Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

my cousin broke my mom's windshield!

View previous topic View next topic Go down  Message [Page 1 of 1]

1 my cousin broke my mom's windshield! on Sat Oct 02, 2010 3:27 pm

aeonkyrstn


Arresto Menor
hi, atty. i would like to seek your advice po. here's the situation:
my mom lives in house A which is owned by my aunt who lives in new york. she gave my mom the authority na "magmatanda" sa house na iyon. my cousin LEX lives in that house with his family.
LEX is likea a natural babaero but one night, nag-uwi siya ng babae sa house and they slept in the same room (with a friend who is also lasing). when my mom learned about it, she felt that "binababoy" ni LEX 'yung house so my mom told LEX's wife (who works in a call center graveyard shift) about it and LEX's mom as well. naturally, nag-away si LEX at ang asawa nya and nagalit ung mom ni LEX sa kanya.
when LEX learned that my mom was the one who told her wife and mom about what he did, he got so mad he broke my mom's windshield and the screen door. minura din nya ng p**ainamo ang nanay ko.
when i talked to him, i was asking him to apologize to my mom and pay for the windshield and i told him that i will give him until friday to do so, or else ipapapulis ko siya. come that day, he hasn't apologized yet. it has been a week since he broke the windshield.
i want to take this case to the barangay. ask ko lang po:
(1) since he broke the windshield a week ago, would the barangay still qualify my complain? i tried to give some time for my cousin po kasi since pinsan ko siya, i thought baka pede siya daanin sa usapan.
(2) what if po he was summoned by the barangay but he never responded? can i file against him sa police or do i have to direct it sa lawyer?
(3) what would be your best advice po? i want him to pay for what he did po kasi.
thanks po ng madame.

View user profile

2 Re: my cousin broke my mom's windshield! on Sat Oct 02, 2010 6:35 pm

attyLLL


moderator
destruction of property can be considered malicious mischief. be shouted PI upon can be unjust vexation if no one else heard it; oral defamation otherwise.

yes, you can still file at the bgy. if no settlement is reached, they will issue a certificate to file action. it will be better if you file the case directly at the prosecutor's office. it is better if you are assisted by counsel.

i believe your plan to file a complaint at the bgy is the best first step. good luck.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
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.
View user profile

3 Re: my cousin broke my mom's windshield! on Sat Oct 02, 2010 11:43 pm

aeonkyrstn


Arresto Menor
thank you very much po for your prompt reply. i really appreciate it.

when my cousin shouted PI to my mom, she shouted back (siguro po dahil sa galit). would that be a point against my mom po? somebody else heard it po kasi their katulong is inside the house.

my husband wants me to go directly to the police and file a complaint. he said po kasi na basta may complainant, pede na damputin. is that true po? kasi po although i really want to file a case against him, my financial resources at the moment does not allow me to do so. then again, i really want to teach my cousin a lesson (since whenever he gets angry, he gets destructive like he's broken laptops and cellphones).

also po, my mom lives in brgy. A (where the basagan ng windshield happened) but i live in brgy. B. magkatabi lang po barangay namin. i just want to ask po if i should file it sa brgy. A or B?

attyLLL, thank you so much po.

View user profile

4 Re: my cousin broke my mom's windshield! on Sun Oct 03, 2010 2:52 pm

attyLLL


moderator
shouting back when defamed can be argued as self defense.

i understand that the police sometimes 'invite' or 'arrest' persons based on a mere report. to me that is an abhorrent violation of the rights of the accused. it happens too often only because victims do not have resources to file complaints against the police.

filing a complaint at the bgy has no cost, but the more important question as to venue is where does your cousin reside? if he lives in the same city or municipality as you or your mother, then it has to be filed at the bgy where he resides.

if not in the same municipality or city, you can draw up your complaint affidavit and file it directly in the prosecutor's office.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
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.
View user profile

5 Re: my cousin broke my mom's windshield! on Mon Oct 04, 2010 2:12 pm

aeonkyrstn


Arresto Menor
i really appreciate your prompt reply, attyLLL. i know now what to do with this case.

super thanks po talaga!

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum