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RA 9262 Bail

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1 RA 9262 Bail on Fri Jul 17, 2015 11:01 am

queenb


Arresto Menor
Hello,

Kakaakyat lan ng case namin sa RTC. Nakulong yun dati kong kinakasama at nakapagbail siya. Tanong ko lan po ang mga ss:

1. Mga ilan hearing pa to bago lumabas ang verdict na guilty or not?
2. Ilan taon sya makukulong kung guilty sya? Ang section na kasama sa kaso ay economic, physical and psychological abuse.
3. Magkano bail pag sya nakulong?

Salamat po!

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2 Re: RA 9262 Bail on Fri Jul 17, 2015 11:48 am

asiong12131


Prision Correccional
Gano katagal bago sya nakulong? Nakapag submit ba sya ng counter affidavit nya.

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3 Re: RA 9262 Bail on Fri Jul 17, 2015 11:54 am

queenb


Arresto Menor
1 month since nareceive Ang resolution na aakyat yun case sa rtc. Para San counter affidavit?

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4 Re: RA 9262 Bail on Fri Jul 17, 2015 12:06 pm

asiong12131


Prision Correccional
para kuntrahin yung demanda nya makakatangap kasi ng subpeona ang kinakasama mo para gumawa sya ng counter affidavit nya.. accourding sa atty ko. wala naman daw nakukulong kung ang kaso ay non support pero kung sa physical at psychological abuse di ko alam.. kasal po ba sila?  merun ba evidence yung nag demanda kung wala naman mahina yung kaso.. sa pag kakaalam ko ang bail ay 22k. ibig sabihin mo nakatangap na ng resulotion tapos isang buwan ang nakalipas bago pa sya nakulong ano po ba ang naging resulotion? kung wala naman sapat na ebidensya yung nag demanda hindi naman sya mahahatulan ng kulong.

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5 Re: RA 9262 Bail on Fri Jul 17, 2015 12:19 pm

queenb


Arresto Menor
Non support, physical and psychological abuse po. Sabi makukulong yan. D po ako willing makipagsettle.

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6 Re: RA 9262 Bail on Fri Jul 17, 2015 12:19 pm

queenb


Arresto Menor
Non support, physical and psychological abuse po. Sabi makukulong yan. D po ako willing makipagsettle.

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7 Re: RA 9262 Bail on Fri Jul 17, 2015 12:23 pm

asiong12131


Prision Correccional
buhat ng dumating ang resulosyon sa kaso ilang araw bago sya nakulong??

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8 Re: RA 9262 Bail on Fri Jul 17, 2015 12:27 pm

asiong12131


Prision Correccional
for non support wala po nakukulong jan ang pinaka mabigat na pataw lang jan ay mag support kung merun ka physical and psychological abuse na ebedinsya ay mas maganda. like medical for physical kung wala naman sayang lang yung oras nyo dalawa

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9 Re: RA 9262 Bail on Fri Jul 17, 2015 12:33 pm

queenb


Arresto Menor
Meron naman po.

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10 Re: RA 9262 Bail on Fri Jul 17, 2015 12:43 pm

asiong12131


Prision Correccional
gano katagal ang inabot ng kaso ito bago sya nakulong since nag file ka sa fiscal?

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11 Re: RA 9262 Bail on Fri Jul 17, 2015 5:20 pm

queenb


Arresto Menor
1 yr and 2 mos.

Pag ginamit na evidence Ang recording nyo na Wala mo consent, bawal yun db? Pwede makasuhan? Parang wire tapping/

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12 Re: RA 9262 Bail on Fri Jul 17, 2015 5:40 pm

asiong12131


Prision Correccional
queenb wrote:1 yr and 2 mos.

Pag ginamit na evidence Ang recording nyo na Wala mo consent, bawal yun db? Pwede makasuhan? Parang wire tapping/

sa aking pananaw ay hindi po ito bawal dahil maari nya sabihin ginawa nya ito po security reason.. nga pala about dn sa evidence dapat ang evidence mo sa non support ay katunayan sya ay my kakayahan mag sustento like salary cert. nya or maging testigo mo ang manager nya..

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13 Re: RA 9262 Bail on Sat Jul 18, 2015 2:24 am

queenb


Arresto Menor
Katrabaho po siya kaya alam ko na kumikita sya.

Sa recording, violation po ata ng RA 4200 yun..

Ulitin ko lan tanong ko:

1. Mga ilan hearing pa to bago lumabas ang verdict na guilty or not?
2. Ilan taon sya makukulong kung guilty sya? Ang section na kasama sa kaso ay economic, physical and psychological abuse.
3. Magkano bail pag sya nakulong?

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14 Re: RA 9262 Bail on Sat Jul 18, 2015 8:57 am

asiong12131


Prision Correccional
queenb wrote:Katrabaho po siya kaya alam ko na kumikita sya.

Sa recording, violation po ata ng RA 4200 yun..


kung ang recording na ginamit nya ay pag aari nya ay wala yun kaso pero kung pag aari mo baka pa.. dahil kahit sinu man ay my karapatan mag record lalu na kung ang ni rerecord nya ay laban sau na gagamitin nya ebidensya o labag sa batas ang sinasabi mo kaya ito ni record ito ay granted sa korte para gamitin evidence sa ayaw mo at sa gusto mo wala ka magagawa para harangin ito. yun ay aking opinyon lamang

example: helo garci scandal with gloria aroyo hindi nya maari kasohan ang telcom dahil sa ni record ang kanilang pag uusap dahil labag sa batas ang ginawa nila pag uusap na maari gamitin ebedinsya

Ulitin ko lan tanong ko:

1. Mga ilan hearing pa to bago lumabas ang verdict na guilty or not?

depende sa tibay ng ebidensya.

2. Ilan taon sya makukulong kung guilty sya? Ang section na kasama sa kaso ay economic, physical and psychological abuse.

kung gusto mo sya makulong dapat merun ka matibay na ebidensya na magpapatunay na siya ay my sala gaya sinabi ko nong nakaraan kung ebidensya mo lamang ay text msg hindi matibay bakit maari nya ito sabihin gawagawa mo lang mahirap patunayan sa korte na kanya no. yun. lalu na kung ito ay prepaid. ang mabigat lang sa kaso na sinama mo physical abuse na dapat my medical ka na binugbog ka talaga nya.. psychological abuse dapat merun ka katunayan jan.. pero kung nasabi nya ito dahil matindi galit maari tangapin ng korte ang sinabi nya sayo. economical abuse mahirap ito patunayan as in napakahirap.. kung magaling ang atty nya at hindi sya aamin sa ginawa nya mahihirapan ka sa kaso na ito subrang abala ang gagawin sau ng kaso ito


3. Magkano bail pag sya nakulong?

22k minsan bumababa pa


ito ay aking pananaw lamang

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15 Re: RA 9262 Bail on Mon Jul 20, 2015 1:30 pm

rda


Prision Mayor
@queenb - sorry girl mejo mahaba to.. but this is almost the summary of your case... if it's economic, physical and psychological abuse, YES.. pwede makulong ex mo.. take time to read the info below or you might want to go to this link instead for complete details:

http://aboutphilippines.ph/filer/RA-9262-Implementing-Rules-and-Regulations.pdf

According to RA9262

Rule II - Definition of Terms

Sec. 5

1. Physical violence refers to acts that include bodily or physical harm;

3. Psychological violence refers to acts or omissions causing or likely to cause mental or emotional suffering to the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse, and marital infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/ or visitation of common children.

4. Economic abuse refers to acts that make or attempt to make a woman financially dependent which includes, but is not limited to the following:

a) withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/ partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;

b) deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common;

c) destroying household property; and

d) controlling the victim’s own money or properties or solely controlling the conjugal money or properties.

d) Battery – refers to an act of inflicting physical harm upon the woman or her child resulting to physical and psychological or emotional distress.

e) Battered Woman Syndrome – refers to a scientifically defined pattern of psychological and behavioral symptoms that have resulted from cumulative abuse found in women living in battering relationships.

f) Stalking – refers to an intentional act committed by a person who, knowingly and without lawful justification follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a combination thereof.

g) Dating relationship – refers to a situation wherein the parties live as husband and wife without the benefit of marriage or are romantically involved over time and on a continuing basis during the course of the relationship. A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a dating relationship.

h) Sexual relation - refers to a single sexual act which may or may not result in the bearing of a common child.

i) Safe Place or Shelter – refers to any home or institution maintained or managed by the Department of Social Welfare and Development (DSWD) or by any other agency or voluntary
organization accredited by the DSWD for the purposes of the Act or any other suitable place the resident of which is willing to temporarily receive the victim.

j) Children – refer to those below eighteen (18) years of age or older but are incapable of taking care of themselves as defined under Republic Act No. 7610. As used in the Act, it includes the biological or adopted children of the victim and other children under her care including foster children, relatives or other children who live with her.

k) Psychosocial services - refer to the provision of help or support for the total well-being of an individual who has suffered as a result of physical harm and psychological or emotional distress that further resulted in an unpleasant or traumatic experience. The services are provided to restore the impaired physical, social, emotional, psychological, and spiritual aspects of the person, to ensure the victims’ safety and security, and involves the process of recovery and re-integration into community life.

l) Victim-survivor –refers to the women and children victims of VAWC.

Rule III Punishable Acts

Section 7. Acts of Violence Against Women and Their Children. – The crime of violence against women and their children is committed through any of the following acts:

a) Causing physical harm to the woman or her child;
b) Threatening to cause the woman or her child physical harm;
c) Attempting to cause the woman or her child physical harm;
d) Placing the woman or her child in fear of imminent physical harm;

i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children or denial of access to the woman’s child/children.

Section 8. Penalties – In relation to Sec. 7 hereof, the acts complained of are punishable with the provisions set forth in this Section:
a) Acts falling under Section 7(a) constituting attempted, frustrated or consummated parricide or murder or homicide shall be punished in accordance with the provisions of the Revised Penal Code. If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code; those constituting serious physical injuries shall have the penalty of prision mayor; those constituting less serious physical injuries shall be punished by prision correctional; and those constituting slight physical injuries shall be punished by arresto mayor.
Acts falling under Section 7 (b) shall be punished by imprisonment of two (2) degrees lower than the prescribed penalty for the consummated crime as specified in the preceding paragraph but shall in no case be lower than arresto mayor.
b) Acts falling under Section 7(c) and 7(d) shall be punished by arresto mayor;
c) Acts falling under Section 7(e) shall be punished by prision correccional;
d) Acts falling under Section 7(f) shall be punished by arresto mayor;
e) Acts falling under Section 7(g) shall be punished by prision mayor;
f) Acts falling under Section 7(h) and Section 7(i) shall be punished by prision mayor.

In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One hundred thousand pesos (P100,000.00) but not more than Three hundred thousand pesos (P300, 000.00); and undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to the court.

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16 Re: RA 9262 Bail on Mon Jul 20, 2015 1:42 pm

lenzalai


Prision Correccional
rda wrote:@queenb - sorry girl mejo mahaba to.. but this is almost the summary of your case... if it's economic, physical and psychological abuse, YES.. pwede makulong ex mo.. take time to read the info below or you might want to go to this link instead for complete details:

http://aboutphilippines.ph/filer/RA-9262-Implementing-Rules-and-Regulations.pdf

According to RA9262

Rule II - Definition of Terms

Sec. 5

1. Physical violence refers to acts that include bodily or physical harm;

3. Psychological violence refers to acts or omissions causing or likely to cause mental or emotional suffering to the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse, and marital infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/ or visitation of common children.

4. Economic abuse refers to acts that make or attempt to make a woman financially dependent which includes, but is not limited to the following:

a) withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/ partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;

b) deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common;

c) destroying household property; and

d) controlling the victim’s own money or properties or solely controlling the conjugal money or properties.

d) Battery – refers to an act of inflicting physical harm upon the woman or her child resulting to physical and psychological or emotional distress.

e) Battered Woman Syndrome – refers to a scientifically defined pattern of psychological and behavioral symptoms that have resulted from cumulative abuse found in women living in battering relationships.

f) Stalking – refers to an intentional act committed by a person who, knowingly and without lawful justification follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a combination thereof.

g) Dating relationship – refers to a situation wherein the parties live as husband and wife without the benefit of marriage or are romantically involved over time and on a continuing basis during the course of the relationship. A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a dating relationship.

h) Sexual relation - refers to a single sexual act which may or may not result in the bearing of a common child.

i) Safe Place or Shelter – refers to any home or institution maintained or managed by the Department of Social Welfare and Development (DSWD) or by any other agency or voluntary
organization accredited by the DSWD for the purposes of the Act or any other suitable place the resident of which is willing to temporarily receive the victim.

j) Children – refer to those below eighteen (18) years of age or older but are incapable of taking care of themselves as defined under Republic Act No. 7610. As used in the Act, it includes the biological or adopted children of the victim and other children under her care including foster children, relatives or other children who live with her.

k) Psychosocial services - refer to the provision of help or support for the total well-being of an individual who has suffered as a result of physical harm and psychological or emotional distress that further resulted in an unpleasant or traumatic experience. The services are provided to restore the impaired physical, social, emotional, psychological, and spiritual aspects of the person, to ensure the victims’ safety and security, and involves the process of recovery and re-integration into community life.

l) Victim-survivor –refers to the women and children victims of VAWC.

Rule III Punishable Acts

Section 7. Acts of Violence Against Women and Their Children. – The crime of violence against women and their children is committed through any of the following acts:

a) Causing physical harm to the woman or her child;
b) Threatening to cause the woman or her child physical harm;
c) Attempting to cause the woman or her child physical harm;
d) Placing the woman or her child in fear of imminent physical harm;

i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children or denial of access to the woman’s child/children.

Section 8. Penalties – In relation to Sec. 7 hereof, the acts complained of are punishable with the provisions set forth in this Section:
a) Acts falling under Section 7(a) constituting attempted, frustrated or consummated parricide or murder or homicide shall be punished in accordance with the provisions of the Revised Penal Code. If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code; those constituting serious physical injuries shall have the penalty of prision mayor; those constituting less serious physical injuries shall be punished by prision correctional; and those constituting slight physical injuries shall be punished by arresto mayor.
Acts falling under Section 7 (b) shall be punished by imprisonment of two (2) degrees lower than the prescribed penalty for the consummated crime as specified in the preceding paragraph but shall in no case be lower than arresto mayor.
b) Acts falling under Section 7(c) and 7(d) shall be punished by arresto mayor;
c) Acts falling under Section 7(e) shall be punished by prision correccional;
d) Acts falling under Section 7(f) shall be punished by arresto mayor;
e) Acts falling under Section 7(g) shall be punished by prision mayor;
f) Acts falling under Section 7(h) and Section 7(i) shall be punished by prision mayor.

In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One hundred thousand pesos (P100,000.00) but not more than Three hundred thousand pesos (P300, 000.00); and undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to the court.



@queenb

that explains:D

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17 Re: RA 9262 Bail on Wed Jul 22, 2015 7:24 am

queenb


Arresto Menor
rda wrote:@queenb - sorry girl mejo mahaba to.. but this is almost the summary of your case... if it's economic, physical and psychological abuse, YES.. pwede makulong ex mo.. take time to read the info below or you might want to go to this link instead for complete details:

http://aboutphilippines.ph/filer/RA-9262-Implementing-Rules-and-Regulations.pdf

According to RA9262

Rule II - Definition of Terms

Sec. 5

1. Physical violence refers to acts that include bodily or physical harm;

3. Psychological violence refers to acts or omissions causing or likely to cause mental or emotional suffering to the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse, and marital infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/ or visitation of common children.

4. Economic abuse refers to acts that make or attempt to make a woman financially dependent which includes, but is not limited to the following:

a) withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/ partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;

b) deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common;

c) destroying household property; and

d) controlling the victim’s own money or properties or solely controlling the conjugal money or properties.

d) Battery – refers to an act of inflicting physical harm upon the woman or her child resulting to physical and psychological or emotional distress.

e) Battered Woman Syndrome – refers to a scientifically defined pattern of psychological and behavioral symptoms that have resulted from cumulative abuse found in women living in battering relationships.

f) Stalking – refers to an intentional act committed by a person who, knowingly and without lawful justification follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a combination thereof.

g) Dating relationship – refers to a situation wherein the parties live as husband and wife without the benefit of marriage or are romantically involved over time and on a continuing basis during the course of the relationship. A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a dating relationship.

h) Sexual relation - refers to a single sexual act which may or may not result in the bearing of a common child.

i) Safe Place or Shelter – refers to any home or institution maintained or managed by the Department of Social Welfare and Development (DSWD) or by any other agency or voluntary
organization accredited by the DSWD for the purposes of the Act or any other suitable place the resident of which is willing to temporarily receive the victim.

j) Children – refer to those below eighteen (18) years of age or older but are incapable of taking care of themselves as defined under Republic Act No. 7610. As used in the Act, it includes the biological or adopted children of the victim and other children under her care including foster children, relatives or other children who live with her.

k) Psychosocial services - refer to the provision of help or support for the total well-being of an individual who has suffered as a result of physical harm and psychological or emotional distress that further resulted in an unpleasant or traumatic experience. The services are provided to restore the impaired physical, social, emotional, psychological, and spiritual aspects of the person, to ensure the victims’ safety and security, and involves the process of recovery and re-integration into community life.

l) Victim-survivor –refers to the women and children victims of VAWC.

Rule III Punishable Acts

Section 7. Acts of Violence Against Women and Their Children. – The crime of violence against women and their children is committed through any of the following acts:

a) Causing physical harm to the woman or her child;
b) Threatening to cause the woman or her child physical harm;
c) Attempting to cause the woman or her child physical harm;
d) Placing the woman or her child in fear of imminent physical harm;

i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children or denial of access to the woman’s child/children.

Section 8. Penalties – In relation to Sec. 7 hereof, the acts complained of are punishable with the provisions set forth in this Section:
a) Acts falling under Section 7(a) constituting attempted, frustrated or consummated parricide or murder or homicide shall be punished in accordance with the provisions of the Revised Penal Code. If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code; those constituting serious physical injuries shall have the penalty of prision mayor; those constituting less serious physical injuries shall be punished by prision correctional; and those constituting slight physical injuries shall be punished by arresto mayor.
Acts falling under Section 7 (b) shall be punished by imprisonment of two (2) degrees lower than the prescribed penalty for the consummated crime as specified in the preceding paragraph but shall in no case be lower than arresto mayor.
b) Acts falling under Section 7(c) and 7(d) shall be punished by arresto mayor;
c) Acts falling under Section 7(e) shall be punished by prision correccional;
d) Acts falling under Section 7(f) shall be punished by arresto mayor;
e) Acts falling under Section 7(g) shall be punished by prision mayor;
f) Acts falling under Section 7(h) and Section 7(i) shall be punished by prision mayor.

In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One hundred thousand pesos (P100,000.00) but not more than Three hundred thousand pesos (P300, 000.00); and undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to the court.


Thanks for this. Kaso san dun section 7? Kasi gusto maconfirm how long siya pwede makulong. Also, dadagan ko pa siya ng kaso sana for violation of RA 4200.

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18 Re: RA 9262 Bail on Wed Jul 22, 2015 7:26 am

queenb


Arresto Menor
ay sorry, nakita ko na. naover-look ko lan siya...

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19 Re: RA 9262 Bail Today at 12:23 am

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