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

What case can I file?

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

1 What case can I file? on Sat Aug 16, 2014 7:09 am

kamote1half


Arresto Menor
It all started with a post in FB. My wife posted on her wall about her opinion of Rihanna. My nephew, 17 or 17 years old, homosexual (gay), add my wife on FB and made a comment of that post for which resulted in personal attacks from him leading to sending a personal message stating that everything is in his favor because he is a minor.

The next morning (June 15) we summoned him for a talk inside our house, his house was just 5 feet away. Inside our house was my father, my mother, our uncle, me and my wife. The door and windows were open. Even though we have tried to reason with him, he was very disrespectful and he has started to raise his voice to my wife, me and even to my mother. There was provocation on his part. My wife lost her temper, approached him to grab and pinch (not sure if the correct term) his lips because he was too disrespectful but he slapped my wife's face first, so she slapped him back. It wasn't really a full blown slap, more like a tap on the cheek. I was able to stop them before an intense physical fight ignites.

He then started shouting that WE slapped (because his relatives, OUR relatives, were nearby, to ask for help) and no surprise, they were very angry that WE "hurt" him, because he is a "minor".

That day they went to the Barangay Hall to lodge a complaint. They were told to secure a medico legal (we did the same and went to the same hospital they went to that same day) we know that they were declined because my wife was declined as well, due to no apparent indication of a slap or any injury whatsoever.

On the 16th we met at the Barangay Hall for mediation, there he added few things to his story. He said that the door was closed and he was trapped inside, both his arms were held and that my wife slapped and kicked him. I asked him one simple question. If the door was closed, WHO closed the door. He replied that he DID NOT SEE who closed the door but he saw the door CLOSED. The mediator laughed and they pulled out saying we were very good liars that they were embarrassed in front of the mediator. They presented a medico legal certificate indicating there was 5 scratch marks on both arms, the date of the medico legal certificate is July 17th, 3 days after the incident.

A full month passed by and he went at it again. This time, he made a comment on FB, the post was made on June 17, and he made his comment on July 28th, saying "i though you no longer want trouble? Fine, wait for my return!" A couple of days after that, the leash of one of our dog was intentionally cut. It was a think nylon - cord leash and it is very clear of a razor cut. Since we did not see who did it we did nothing. A week later the portable cage which had 4 puppies inside were intentionally flipped. And then yesterday another leash, thick nylon leash, was cut. I have taken picture of the leash as future evidence.

My question is:

1. What case can we file if mediation cannot be attained?

2. When can we file? Do we have to wait for him to turn 18?

3. Can we use the post in FB as evidence to pin him for the cutting of the leash? He threatened on FB and he was the one who has most grudge for my wife.

4. Can the medico legal certificate be used if ever as his supporting document? The date is 3 days after the incident.

Thanks for your advice and for reading. Sorry for the long post.

Kamote 1/2

View user profile

2 Re: What case can I file? on Sat Aug 16, 2014 9:00 pm

attyesc


Reclusion Temporal
you can file a criminal case for malicious mischief although im quite doubtful if he will be convicted. wala kayong direct evidence e. motive is not an element of a crime. hindi dahil may motibo e sya na ang may kasalanan.

you dont have to wait until he is 18 to file a case. under the law, a child below 18 but above 15 is exempt from criminal liability unless he has acted with discernment. ibig sabihin, kung 17 na sya at alam nya na ang ginawa nya ay mali (with discernment) liable na sya criminally. pero ang mga minors na ito ay hindi makukulong kundi sasailalim lang sa intervention program under dswd but shall be civilly liable also.

fb posts are valid as electronic evidence pero malabong maging basis yan ng conviction coz its merely circumstantial.

medico legal issued 3 days after the act, valid pa rin. pero pwede nyong iprove na self inflicted lang yung injuries , depende sa mga sugat at sa opinion ng doctor.

View user profile

3 Re: What case can I file? on Sat Aug 16, 2014 11:23 pm

kamote1half


Arresto Menor
attyesc wrote:you can file a criminal case for malicious mischief although im quite doubtful if he will be convicted. wala kayong direct evidence e. motive is not an element of a crime. hindi dahil may motibo e sya na ang may kasalanan.

you dont have to wait until he is 18 to file a case. under the law, a child below 18 but above 15 is exempt from criminal liability unless he has acted with discernment. ibig sabihin, kung 17 na sya at alam nya na ang ginawa nya ay mali (with discernment) liable na sya criminally. pero ang mga minors na ito ay hindi makukulong kundi sasailalim lang sa intervention program under dswd but shall be civilly liable also.

fb posts are valid as electronic evidence pero malabong maging basis yan ng conviction coz its merely circumstantial.

medico legal issued 3 days after the act, valid pa rin. pero pwede nyong iprove na self inflicted lang yung injuries , depende sa mga sugat at sa opinion ng doctor.

I really appreciate the response. Right now, we're getting ready to install a hidden camera around the dogs, this is the most surefire way of getting a hard evidence on who has been doing those leash cutting.

They've always been spreading words that they're going to push through with the child abuse case, their doing psy war, thinking we're really afraid of it. I've taken audio recording during the mediation and his words were clearly said in the recording that the door closed without anyone closing it.. My questions is, can we use that recording in the future should he change his statement on another mediation or in a complaint? As evidence that he is telling another story? I am aware of the anti wire tapping law but considering that we're disproving whatever change of his story, is there still any liability on me for recording the mediation?

View user profile

4 Re: What case can I file? on Sun Aug 17, 2014 1:23 pm

attyesc


Reclusion Temporal
there is a violation of the anti wiretapping law so that recording will be inadmissible in evidence. anyway if that was said during the barangay proceedings, may mga witnesses naman to testify a to what he said.

View user profile

5 Re: What case can I file? Today at 8:04 am

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