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Need help on Criminal and Civil Case

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1 Need help on Criminal and Civil Case on Wed Oct 29, 2014 10:48 am

mark0377


Arresto Menor
Good day po Atty. I'm a father of 4 and our eldest daughter is highschool. So normal po na sabihan namin na wala munang boyfriend for now, pero she can when the time comes. Apparently, after their Intrams this September, nabasa ko sa facebook nya na may nagpropose sa kanya and nag ask kung may pag-asa daw ung boy. So our daughter said yes. Tinanong ko sya and sinabi nya na wala daw yun.

So nag-usap kami mag-asawa on that and she also asked din our daughter not to have a boyfriend muna, which again, she said yes.

There was a time na nagsundo ako sa school and I went up to her room to fetch her para isama ko pagbayad ng tuition. Pro I saw that she was holding hands with the guy so i opened the door and she saw me. She again said that it was nothing. So nag init na ulo ko and I shouted at the boy saying na our daughter is not allowed to have a boyfriend and asked him to go down to the principals office to talk. since malakas ang pagkakasabi ko maraming nakarinig and our daughter said na nde ko sya kakausapin sa principal's office since wala naman un. Lalong nag-init ulo ko so bumalik ako sa room and the boy said na wala naman daw yun kasi naipit daw ung kamay ng daughter namin and tinitignan nya. Sabi nya na-ipit daw ung right hand. Sabi ko if naipit ung right hand bakit ung left hand ang hawak nya and they're walking inside the room. Again, I insisted to talk to him sa principals office. This is where the teacher came in and we went to the principals office.

The boy said na friends lang daw sila and told him, na friends don't propose, hold hands or give each other pet names which is a combination of our daughters name and his name.

So on our way out, the boy's father approached me and he said na bat daw hiniya ung bata sa school. I asked him baka pwede naman kaming mag usap sa principal's office para maayos na. But he don't want to and said will do magic.

Long story short, I was summoned by the school director and learned that there will be a law suit, criminal and civil in nature. The boy's father worked with a lawyer and they're asking for an incident report from the school. I explained my side to the director and told him na i was wrong. The director said na kinakausap nya rin daw yung isa and for me to submit an apology letter which I did.

After a few days, the director called me up and told me to call the lawyer and nung nakausap ko na yung lawyer, I told him na i'm willing to work with them na maayos na without going to the court. He informed me na magfile nga daw sila ng criminal and civil case for it. So nagask ako if pwedeng maayos. The next day, sabi nya na willing daw ung isa to settle for a payment of Php 200,000.00. told him na empleyado lang kami ng wife ko and I just started work nang September so so we cannot pay that huge amount since even the banks will not grand me loan due to the fact that I'm not even a full time employee.

I told the school director about it and he said na masyado daw malaki and nagtry din sya na kausapin ung father nung boy pro ayaw daw makipag usap and nalaman nya na marami syang contacts na i think ginagamit nya.

Sabi nya na natrauma daw ung bata and ayaw na pumasok sa school, including umiiwas sa anak namin. Pero, everyday ko naman nakikita ung bata sa school and tuloy pa rin ang communication sa daughter namin via text and last time is nag invite pa sya na punta sa house nila.

Question ko po atty and i really hope you can give us some advise. Aminado po ako na mali ako na sinigawan ko ung bata (age 15) sa school. pro wala naman akong sinabing masama or minura sya. Nde ko rin sya sinaktan.

1. Pro tama po ba ung halaga na hinihingi nya?
2. If nde namin kaya na bayaran ng biglaan ung pera, pwede bang hulughulugan lang namin? Kasi may 2 nag gagatas pa kaming anak and nagbabayad pa sa school para sa 2.

I hope matulungan nyo kami.

Salamat po.

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2 Re: Need help on Criminal and Civil Case on Wed Oct 29, 2014 1:33 pm

Katrina288


Reclusion Perpetua
Hi, masyadong malaki yung hinihingi nilang halaga. He is a 15 year old boy. I would say 10,000 is reasonable, if at all. Try to talk to the parents or their lawyer.

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3 Re: Need help on Criminal and Civil Case on Wed Oct 29, 2014 1:38 pm

mark0377


Arresto Menor
I did Miss Katrina. Spoke to their lawyer since they don't want to talk to me. That's the reason why I knew about the amount being asked.

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4 Re: Need help on Criminal and Civil Case on Wed Oct 29, 2014 1:58 pm

Katrina288


Reclusion Perpetua
I understand. If they are not taking further action, then don't pay anything. Just stand firm that you are not willing to pay that much kasi that is too much. Have you tried to apologize to them?

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5 Re: Need help on Criminal and Civil Case on Wed Oct 29, 2014 2:39 pm

mark0377


Arresto Menor
Yes Miss Katrina, I sent a letter of apology addressed to the father through the school since he don't want to meet up.  The school scheduled a time for us to meet up but he did not show up. I think, based on my conversation with the lawyer, we is willing to drop everything if I pay the amount.

The hard thing is parehas kami ng wife ko na empleyado lang, we still have 2 babies,a 4 years old boy and 2 years old girl to tend to, aside from the school ng 2 big kids. The add to the expense, I have cardiac medication amounting to 7k a month.

Kaya if you'll look at our take home pay, it's just right for our family. Pro i feel they're not looking at it.

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6 Re: Need help on Criminal and Civil Case on Wed Oct 29, 2014 5:17 pm

Katrina288


Reclusion Perpetua
I would strongly not recommend you to pay that amount kahit pa sabihin natin na you can afford to pay. 200,000 is too much. As of now, stand firm that you cannot afford it. Did you keep a copy of the letter of apology?

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7 Re: Need help on Criminal and Civil Case on Wed Oct 29, 2014 6:02 pm

mark0377


Arresto Menor
Yes, I do. The problem is it's either we face the court with a criminal and civil case or we agree on paying the amount.

Even the School Director said that it's too much.

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8 Re: Need help on Criminal and Civil Case on Wed Oct 29, 2014 6:21 pm

Katrina288


Reclusion Perpetua
Since you do not have the money pay, and if you were to ask me, I will not pay that much even if may pera ako. If that is really the case, they are trying to trip on you just because they have connections. Even if humantong kayo sa court, it is highly unlikely na bibigyan sila ng court ng 200k dahil sa nasigawan mo yung anak nila. Will you be able to seek for the help of the school director to write the parents?

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9 Re: Need help on Criminal and Civil Case on Wed Oct 29, 2014 10:13 pm

mark0377


Arresto Menor
They already did. To the point of going to their house to talk with the father. Sabi nga nang Director, ibang klase daw na tao parang nde katoliko or kristiano. Ayaw syang harapin.

I'm thinking nga na extortion na ginagawa nila.

The Director said na if kaya ko daw na kumausap ng abogado, gawin ko na. I'm just worried na if mafile sa court eh, makulong ako while the case is proceeding kasi nga nde lang civil but may criminal case pa.

Worried ako sa mga anak namin na baka nde kayanin ng wife ko mag isa.

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10 Re: Need help on Criminal and Civil Case on Thu Oct 30, 2014 7:07 am

AWV


Reclusion Perpetua
They can charge you for child abuse if that's case, so try to settle it, 200K is quite high especially you did not harm the kid physically. Hire a lawyer to present you to the Fiscal's so they cannot just bluff and extort you! I doubt they will take it to the court. You may be able to get it down to 50K.

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11 Re: Need help on Criminal and Civil Case on Thu Oct 30, 2014 10:01 am

mark0377


Arresto Menor
Is this going to send me to jail while there is a proceeding in case they pushed through with bringing it to court?

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12 Re: Need help on Criminal and Civil Case on Thu Oct 30, 2014 10:12 am

Katrina288


Reclusion Perpetua
If human tong yan sa court, that will be bailable so as long makapagpyansa ka, hindi ka makukulong.

-Atty. Katrina

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13 Re: Need help on Criminal and Civil Case on Thu Oct 30, 2014 10:20 am

mark0377


Arresto Menor
Thank you Atty. Do you have an idea how much ang bail in case?

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14 Re: Need help on Criminal and Civil Case on Thu Oct 30, 2014 10:46 am

Katrina288


Reclusion Perpetua
mark0377 wrote:Thank you Atty.  Do you have an idea how much ang bail in case?

I cannot say kasi depende yun sa criminal case na i-file nila (if magfile nga sila) and it is the prosecutor who recommends the amount of bail and yung judge yung magdetermine how much.

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15 Re: Need help on Criminal and Civil Case on Thu Oct 30, 2014 12:30 pm

mark0377


Arresto Menor
Thank you Atty. Katrina. I think I need to find a lawyer for this one na. Pro I still am wishing that this can be settled out of court.

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16 Re: Need help on Criminal and Civil Case on Fri Oct 31, 2014 11:12 am

mark0377


Arresto Menor
Atty. Katrina, would you know anyone from the Cebu area that I can consult or hire?

I'm also thinking na the reason why galit ung father and ayaw makipag usap is because taga Manila ako and some Cebuanos are galit sa mga taga Manila, wherein I really don't understand why they do.

Really appreciate the help.

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17 Re: Need help on Criminal and Civil Case on Fri Oct 31, 2014 12:27 pm

Katrina288


Reclusion Perpetua
Hi, I will ask a lawyer friend from Cebu if she can recommend someone. My friend can't do it kasi she works in the government. I will get back to you today or tomorrow. Smile

Yeah, I understand that. It is rooted in history di ba kasi Cebu was supposed to be the capital of the Philippines, but Manila yung naging capital. Baka yun nga dahlian. haha I am just guessing on this one.

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