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Can our mom file emotional / psychological case against our jobless brother?

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Arresto Menor
Dear All

Our mom has a heart and hypertension issue and on a permanent medication / therapy. Our jobless, single brother aged 33 years old and our 8 year old niece (other brothers daughter) stays with her. We are aware that our brother is always verbally abusing her – blaming her for everything and threatens to kill someone in the family (which is most likely our mom and niece) in case we stopped supporting him. We already spoke to him diplomatically on numerous occasions but we were not successful. On my recent visit, our mom informed that our brother is even worst. He breaks everything in our house especially if he is drunk. I have also observed that he has the traits of the person taking drugs.

We have decided that we need to let him out of our house. He is not a minor anymore and he must learn to earn money for his food, shelter and everything he needs. Since he always threatens to kill someone in the family, we really find it hard to tell him that he must leave the house peacefully.

Due to our mom’s health condition and since our niece is very young, we are really worried that both of them are suffering from this demon. Our niece is growing up with trauma and our mom’s health is deteriorating.

With above issues, we seek for your advise if our mom can file emotional / psychological case against our brother to:

1. Evict him from our house permanently
2. Ensure that he would not be able to come back, go near our house or our mom and niece unless he would have an undertaking in court that he will refrain from verbally abusing our mom / niece.

Hoping to receive your feedback / advise.

Thank you.



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Reclusion Perpetua
You can ask for protection order from your Barangay or the court to prevent him from coming back to your house.

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Arresto Menor
Thank you for your advise

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