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in need of advice regarding physical injury

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1 in need of advice regarding physical injury on Sat Nov 13, 2010 9:00 pm

michelles


Arresto Menor
good pm atty!magtatanong lang po ako kasi gusto ko magsampa ng physical injury sa kapit bahay namin dahil nag-away kami at nauwi s pananakit nya sakin.hindi pa kami naghaharap sa baranggay pero ipinabloter na nya ako.may medico-legal po aq at ilan pang ebidensya..maari ko na po b ideretso s prosecutors office yun?

ung nakaaway ko ang unang nanabunot at nangalmot sa akin,may laban po ba ako kahit wala akong testigo kasi tatlo lang kami nung nangyari yon,at ung pangatlong taong yun ay kaibigan ng kaaway ko,alam ko po na hindi nya sasabihin na ung kaibigan nya n kaaway ko ang unang sumabunot sa akin dahil mas kakampihan nya ung kaaway q n kaibigan nya..ano po ang gagawin ko?

isa pa po,my medico-legal din yung nakaaway ko..may posibilidad po ba ipaaresto ako sa pulis at makulong ako kapag naunahan nya kong magsampa ng kaso sa munisipyo o sa prosecutors office?

salamat po!
sana po ay matugunan nyo ang aking mga tanong!

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attyLLL


moderator
if the number of days for recovery stated on the medico-legal is 31 or more days, then you can go straight to the fiscal. if not, bgy is necessary. good luck.


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michelles


Arresto Menor
tnx atty!more power s inyo

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adnyl


Arresto Menor
gud pm atty, I would like to ask some information about our situation, One day my brother was in his house and having a fever,then a neighbour knocked to their door with some brgy officials,when my brother open the door he was punch by his neighbour accusing him of robbery,then they went to brgy. with the complainant then he was not allowed to go home because the neighbour condition is that he should show the 2 cellphone and the neighbour has no evidence nor witness that my brother was the one who went to their house to get the cellphones, they want to inquest my brother, but I insist to have him medical exam, I told them I'll file physical injury for punching my brother...
question:
1. do we have the right to file a case against his neigbour for punching my brother?
2. I told brgy. who arrested him why theres not warrant of arrest..they said theres no need for that?
3. is is true that If my brother refused to go with them and inquest him he will file a case: obstruction of justice?
how about human rights violation with them, can I file also?
Thank you so much,hope I can get information because I am so confused.

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attyLLL


moderator
1) yes, the proper case is physical injuries.
2) unless, he was caught in the act, a warrant is needed. when did this theft supposedly take place?
3) that will not be obstruction of justice. it would not prosper.

so what happened? was your brother arrested? inquest proceeded?


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