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Need help pls

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1 Need help pls on Mon Oct 25, 2010 2:45 am

juls1963


Arresto Menor
Good Morning po.
Yung anak ko po ay patraydor na pinalo sa ulo ng volunter guard ng subdivision namin na lasing habang sila ay pinag aayos sa nauna nilang away. Sa pagilag po ng anak ko inabot po siya sa bibig na kinasira ng walo niyang ipin( apat sa taas at apat sa baba).

3 besis na po kaming nag harap sa barangay pero hindi po kami magkasundo dahil ibig po ng kabilang parte ay hati kami sa gastos.

Ano po ba ang pwede kong isampang kaso, serious or slight physical injury or frustrated homecide? Mag iisang buwan na po ang pangyayari at nais ko na pong isampa ang kaso ngunit ayaw pong mag bigay ng certification ng barangay( Malakas po kasi sa barangay ang nakasakit sa anak ko). pwede na po ba akong dumeritso sa korte dahil dito.

May medico legal na po ako at mga witnesses. Ok na po sana sa akin yung sagutin niya ang gastos para wala ng gulo. Hindi na nga po ako humihingi ng danyos dahil isang subd lang po kami pero ayaw po talaga

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2 Re: Need help pls on Mon Oct 25, 2010 10:33 pm

attyLLL


moderator
on your medico legal, how many days does it say that your son needs to recover?

8 broken teeth can be considered deformity which is serious physical injury.

try to get minutes of your barangay hearings to at least show that there were actual confrontations. send a letter to the bgy requesting for issuance of the certificate. if it will not issue, at least you can show that you did everything possible to get the certificate.


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3 Re: Need help pls on Tue Oct 26, 2010 8:07 pm

juls1963


Arresto Menor
Thank you for your most needed response. There was no time frame stated in the medico legal. only the damage teeth was stated. Can I use the statement of the attending dental doctor who happened to be the one who attended my son after the incident. My son able to go to school the following day by taking pain reliever for more than a week. He can also hardly eat and drink for one week. If not of pain reliever He cannot slept.
How many days is the grace period for filling the case. I think they( barangay) intentionally delaying the issuance of certificate for this purpose. it will be 30 days by Oct 28 when the incident happened.
You are a blessing to all peace loving pilipino. May God continue to give you wisdom to minister legally to all who are in need.

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4 Re: Need help pls on Wed Oct 27, 2010 1:29 am

attyLLL


moderator
how old is your son? if he is a minor, then this should be in injury in relation to ra7610. the penalty will be stiffer.

write to the bgy and state how long it has been since the last conference and request for the issuance of the cert to file action.


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5 Re: Need help pls on Thu Oct 28, 2010 12:31 am

juls1963


Arresto Menor
my son is already 22 yrs old. Sabi po ng nakasakit sa anak ko. kahit daw po siya idimanda at matalo hindi din daw po siya makukulong dahil more than 63 yrs old na daw po siya. at hindi din po daw siya pwedeng pagbayarin ng court sa damages dahil wala naman daw siyang trabaho. kaya sayang lang daw po yung pagod namin. Pls advice po.

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6 Re: Need help pls on Thu Oct 28, 2010 8:29 pm

attyLLL


moderator
it depends on what charge is filed against him, but there is some truth is his statements. if he were convicted, it may be for imprisonment for less than 6 years and he can apply for probation. if he has no properties, then there is nothing he can pay with.


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7 Re: Need help pls on Thu Oct 28, 2010 9:43 pm

juls1963


Arresto Menor
actually meron po siyang sarilng bahay na pag aari and may mga anak po siyang nag trabaho na. hindi na nga po lang siya nag work.
Kung ang kaso po niya ay serious physical injury at ma convict po siya pwede po ba kami mag claim ng danyos. How can I get justice. Naawa po ako sa anak ko because I know for life na yung damaged sa mga ngipin niya.sa front pa naman.

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8 Re: Need help pls on Thu Oct 28, 2010 9:46 pm

attyLLL


moderator
just continue with your complaint. prepare your complaint affidavit and file it at the prosecutor's office. who knows, they may letter settle or his probation is denied because of a prior conviction. good luck.


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9 Re: Need help pls Today at 2:36 am

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