My 2 year-old daughter was a victim of physical abuse, she was deliberately thrown in the face with a bottle that, though she is a witness of her own - , nakakapagsalita na yun anak ko ng derecho, and she can still recall what happened during that moment when she was abused.. at hanggang ngayon kapag tinatanong ko sya kung ano ginawa sa kanya ni _______ (perpetrator's name), ay nasasabi pa rin niya.. at meron hindi tama sa tone of voice nya kapag sinasagot ko yung tanong nya.. (mahina ang boses niya at parang takot). i have medical certificate which indicates hyperaemia (healing not more than 10 days). and of course the certificate to file action from barangay, which shows the perpetrator did not attend ALL of the barangay hearings, and to elevate the case to court. We filed the case with the help of Women's and Children's Protection Desk of our City Police. Then the case was filed to City Prosecutor's Office we presented the medical certificate, my affidavit (i stated what was told to me by my daughter that time of incident), nagsumbong siya sakin na umiiyak at sumisigaw nung mga oras na yun. The perpetrator appeared at the preliminary investigation of the prosecutor (takot siguro mabigyan ng warrant of arrest, kaya ummattend na nung napadalhan ng summon galing piskal). Much to our surprise, instead of admitting the crime, the respondent presented denials and lie plus a false witness to debunked our affidavit. The perpetrator is none the less her grandmother's sister, so technically lola na din niya yun (side ng misis ko).
As of this writing, the case is still pending for resolution of the City Prosecutor's Office.
1. We kept the weapon used, but it did not came in to my mind that time not to touch it with bare hands. (would the court still consider it as an evidence since my fingerprints are all on it?)
2. Would the stated evidences sufficient for the case to prosper and be given merit?
3. What chances will the respondent and her false witness be criminally liable for their false and incorrect statements?
4.. May I ask for any other legal advice or tips or procedure regarding the case we filed? (just, in case that the case would be dismissed <---- wag naman sana)
This case torments not just me but my child and my family too, considering that everyday, we see that evil abuser walk freely in our neighborhood, pretending nothing happened.. this is more than just the physical abuse, my child is still traumatic whenever I ask her questions to freshen up her memory, when and if the time comes that she would speak in front of the court.
As of this writing, wala pa din kami natatanggap na resolution from the prosecutor's office, and it is more than 60 days na from the date of last hearing. (is this still normal process?)
Thank you very much, God Bless you.,.