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slight physical injuries and grave threat

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1 slight physical injuries and grave threat on Mon Oct 18, 2010 11:57 pm

mikaila


Arresto Menor
atty, I would just like to ask for your advice..
my husband and i had an encounter with the
subdivsion guard we are living at.it happend 2 months ago
the guard shouted at my husband and i while we were
about to come inside the subdv gate one morning saying
"hoy pasaway ka! ikabit mo nga yang sticker mo!" so i
was not pleased with what he said, went down the
motorcycle and asked him "anong sinasabi mo? bakit ka
sumisigaw? ano akala mo samin, tanga?" he then said
"ikaw ang tanga! ikabit nyo kasi ung sticker nyo,
wag kayong pasaway!" i was still talking to him when he turned his back at me then when he faced me again, he was about to
throw a punch on my face but didnt continue,
instead held his gun, parang itututok sakin.
my husband who was then 10 meters away from us saw this and approached the guard and said "bakit mo ginawa un? babae yan! wag mong sisigawan
ang asawa ko!" the guard shouted at my husband, turned his back at him and when he faced my husband again, the guard punched
him in his chest. my husband, being a liscenced
black-belter knew he should not use his martial arts,
so he defended himself by embracing the guard who
is also about to aim his shot gun at him. the guard
kept on trying to hit my husband in the head.
there was a rumble at this point that just ended
when someone came and and said that he was a
police man and stopped both of them. my husband
went directly to the brgy hall and filed a complaint
while i went to the homeowners' assoc president.
not knowing that the assoc had an issue with my
husband's family for 3 years, i told her what the
guard did to me but did not do anything at all.
we went to the police to file a blatter a
few minutes after the incident. no settlement was done in the brgy lupon because the guard didnt want a settlement, instead he was given a cert to file action and filed a case against us. the brgy gave us a cert also but 20 days after they given the guard a copy.
we already attended the hearing at the fiscal's office
submitted our counter affidavit. the guard did not give a reply affidavit to our counter and said he wanted direct resolution 3
instead. we tried to settle but guard is asking for
50k!!! fiscal told us to wait for the decsion after
45 days.
our lawyer gave a pretty strong stand on dropping
my name from the case. we also filed a
counter-charge against the guard.
my fear is what if a warrant of arrest is issued to
my husband, what should we do? is this possible?
what would be the penalty?
please help me.... thanks!

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2 Re: slight physical injuries and grave threat on Tue Oct 19, 2010 1:26 am

mikaila


Arresto Menor
medico-legal ng guard says, he had contusions..hematoma tapos less than 9 days...
he was also given antibiotics pero just 5pcs lang po, good for 2 days lang.. he was never absent sa shift nya after that incident.. tapos ngaun,, after 2 months nag cocomplain sya na may headaches sya at gustong mag pa CT scan, although hindi prescribed ng doctor, that's why he's asking for 50k. our suspetya is na sasabihan ang guard ng assoc to ask for more because galit ang assoc sa family ng husband ko who are also living in the same subdv although we are living in a different house.
he filed slight physical injuries and threat saying na inuntog daw sya ng husband ko sa wall and sinabihan daw sya na babalikan daw sya ng husband ko(na hindi naman nangyare talaga).
hindi nya alam na my husband is a black-belter until after our 2nd hearing sa SOSIA sa crame(nag file din po kami ng administrative case against him) kasi may nakapag sabi lang sa kanya.
naiinis lang po kami kasi we were the victims here pero po ang lumalabas parang kami pa ang masama.. sabi ng lawyer namin, bkit daw hindi kami nauna mag file ng kaso.. naawa po kami sa guard kasi syempre, ok ok naman po kami sa buhay at ung guard is a little bit below our status kaya di na kami nag sampa sa kanya..pero ang kapal ng mukha nung guard because nasa likod nya ung assoc na galit sa family ng husband ko..
kinakabahan po ako at na-sstress na talaga..
ano po ba ang pwedeng mangyare sa kaso namin?

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3 Re: slight physical injuries and grave threat on Tue Oct 19, 2010 7:19 pm

attyLLL


moderator
mikaila, i'm afraid the rules of legal ethics forbid me to comment when you are represented by your own counsel. he is in a much better position to answer your queries because he has a deeper understanding of the facts.

let me just say that slight physical injuries is punished by arresto menor. i think that the threats should be considered light threats. both may be considered for probation so your husband should never serve a day in jail. good luck.


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4 Re: slight physical injuries and grave threat on Tue Oct 19, 2010 11:54 pm

mikaila


Arresto Menor
thanks atty, alarmed lang talaga ako and stressed na.. people around me are saying na dapat kuha kami always ng update sa fiscal's office para malaman namin what would be the result. in your opinion, atty, what would be the result?

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5 Re: slight physical injuries and grave threat on Thu Oct 21, 2010 12:43 am

attyLLL


moderator
i'm sorry but i dare not give an opinion on the outcome of a case without being able to review all the documents presented. there are many intangibles such as the ability to present your points in writing to the fiscal, and his own appreciation of the facts. ultimately, it depends on the evidence presented.


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