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CASE WIDRAWAL

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1 CASE WIDRAWAL on Tue Nov 09, 2010 8:16 pm

pstjl


Arresto Menor
Hi to ALL,

Any one please help me with my problem, i just want to ask questions i hope some one can give us a clear advise of what to do. I am currently here in KSA, my wife and I filed a case in Pasig rtc of physical injuries against our neighboors. The case is almost 1 yr in the process and the case is now in the court of justice.My question is can we widraw the case against them. Because for now my wife getting difficult in attending the case and also the lack of financial to support the case. i really really need help, I hope someone could give us an advise,,As of now i really feel pity with my wife. Hope someone could give an advise on what to do.

Thank you very much in advance.

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2 Re: CASE WIDRAWAL on Tue Nov 09, 2010 11:58 pm

attyLLL


moderator
what is the stage of the proceedings. did the accused already enter a plea? the next step is mediaton. what kind of injuries was filed by fiscal: slight, less serious, serious?


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3 Re: CASE WIDRAWAL on Wed Nov 10, 2010 12:40 am

pstjl


Arresto Menor
thanks atty,

newey tagalogin ko na lang po para maipaliwanag ko po,,tapos na po yung sa fiscal then next na po yung court trial..ilang beses na rin po kc narereset yun hearing kc po yung abogado namin laging wala,,so we decided na lang to widraw the case..nkalagay lang po ay physical injury..due to mauling..cnugod po kc kmi ng kapitbahay namin..then pinagtulungan po kmi ng 2 magkapatid na lalaki at ang nanay nila.naka tatlong beses na po namin cla nireklamo sa barangay pero binabalewala po nila ang napagkasunduan namin.pinalo po ng bote sa ulo ang misis ko, ako naman po mga pasa sa katawan...naisyuhan na din po cla dati ng warrant of arrest pero nakapagpiyansa cla..ngaun po andito ko sa saudi nahihirapan na po asawa ko.. awang awa na po ako sa kanya, sana po mapayuhan nyo kami.

thanks in advance.god bless

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4 Re: CASE WIDRAWAL on Wed Nov 10, 2010 5:49 pm

pstjl


Arresto Menor
good day p o atty. ano po ba ang dapat naming gawin para matapos na problema namin.willing na po kami na iatras ang kaso laban sa kanila posible pa po ba ito? sana po matulungan nyo kami.

maraming salamat po.

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5 Re: CASE WIDRAWAL on Wed Nov 10, 2010 5:55 pm

attyLLL


moderator
again, did they already enter their plea, where they were read the charge and pleaded guilty or not guilty? did you already undergo mediation at the Philippine mediation center.

i don't immediately answer your question because if you are given an opportunity to enter into a settlement at mediation, then at least you will get something.

you do not need your own lawyer. the prosecutor is your lawyer.

if you really intend to withdraw, have your wife talk to the prosecutor. only he has the right to withdraw the case.


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6 Re: CASE WIDRAWAL on Wed Nov 10, 2010 6:24 pm

pstjl


Arresto Menor
actually po wala pang hatol ang korte sa kanila, during our mediation wala pong settlement na nangyari.dahil nga po andito ko sa labas ng bansa mag isa lang asawa ko ngayon naglalakad ng kaso we decided to end this for the sake of my wife and my two kids..newey po this morning my wife went to the court for the hearing without a lawyer.

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7 Re: CASE WIDRAWAL on Wed Nov 10, 2010 6:29 pm

attyLLL


moderator
i assume that your lawyer is a private prosecutor? you can ask the prosecutor to withdraw his authorization and take on the case himself.


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8 Re: CASE WIDRAWAL on Wed Nov 10, 2010 6:40 pm

pstjl


Arresto Menor
opo kumuha po kami ng private lawyer sa labas, kahit na cnabi po sa amin na d na kailangan ng lawyer kasi cla na daw po ang lawyer namin. ngaun po kc d na maka attend lawyer namin kc may sakit po, complete bed rest ang payo ng doktor sa kanya, then he advise my wife to get another lawyer, which we cannot afford to pay the acceptance fee.

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9 Re: CASE WIDRAWAL on Wed Nov 10, 2010 9:25 pm

attyLLL


moderator
i believe you have enough info to make a decision. good luck.


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10 Re: CASE WIDRAWAL on Thu Nov 11, 2010 6:16 pm

pstjl


Arresto Menor
thanks po attorney..may isa pa po akong tanong,kung sakali po na naiatras na namin ang demanda posible po ba na magsampa sila ng demanda laban sa amin? posible po kayang baliktarin nila ang pangyayari? anyway po kumpleto naman kami sa mga evidences na nagpapatunay na naapi talaga kami, may medical certificates po kami at mga pictures ng pangyayari, pati na po ang certificate to file action galing sa barangay. thank you po..

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11 Re: CASE WIDRAWAL on Thu Nov 11, 2010 7:21 pm

attyLLL


moderator
to ensure that there is a mutual desistance, you should come up with a written agreement. you can request that the agreement be reached at the Philippine Mediation Center so that it is by the book.


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12 Re: CASE WIDRAWAL on Sat Nov 20, 2010 3:46 pm

pstjl


Arresto Menor
thanks po attorney, at least clear na po samin kung pano gagawin.maraming maraming salamat po..god bless!

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13 Re: CASE WIDRAWAL Today at 2:31 am

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