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less serious physical injury

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1 less serious physical injury on Thu Feb 03, 2011 12:13 pm

dod


Arresto Menor
gud am atty, just want to seek your legal advice,2 weeks ago while i brought my children in school along my way home, there was this school bus driver at my back kept on blowing his horn because maybe he wants to overtake but not seing myfront there was an L300 van also manuevering thats why stocked me and cannot move advance. while hearing his horn I stared at him but when he saw me staring , he got down and came near me yelling and uttered provocative words, when i got down to confront him then punching started .He punched me several times on my head and fractured my nose I went to a medico legal and have my head examined. The doctor assessed that it was a less serious physical injury should be filed . After knowing it that , i went to the precint to have it recorded. The police chief was not smart that he did not order the capture of the man right on that day instead he orderd the capture the day after . As I understand, he should order the capture on the day that the crime was committed so the offender cant refuse to go with the police and be jailed. My problem is that i have hesitation of filing a case againts him mainly because of the slow due process here in our country and the "abala"it will cause me. The person is willing to settle but my problem is i dont want to settle it in our barangy for the reason that i did not file the case there ,and secondly what i know is that less serious physical injury is not anymore a barangay matter. The person want to settle it and willing to pay all the damages i incured but is it safe to settle it in his operator's house and not in barangay?I made a typewritten agreement to be signed by both of us and this includes the amount of medical expenses hes going to pay me. Atty, how can i have hold on him? Will i have the agreement be notarized so to appear that it was somewhat legal and somewhat oblige him to do his obligations?tnx for your time

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2 Re: less serious physical injury on Thu Feb 03, 2011 4:56 pm

dod


Arresto Menor
atty,is there an expiration date to the medico legal issued to me by the city health office incase i used it to pursue the case againts the him?or is there a timeline if to when to file a case againts a person incase he will not submit to our agreement?nid your advice

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3 Re: less serious physical injury on Fri Feb 04, 2011 9:04 pm

attyLLL


moderator
less serious means it will take 10-30 days to heal. you have 5 years to initiate a case. medical certificate does not expire.

what you can do is enter into the agreement before the bgy.


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4 Re: less serious physical injury on Mon Feb 07, 2011 10:52 am

dod


Arresto Menor
tnx atty for your advice, if ever i do not want to file complaint in baranggay, can i file the case directly to prosecutors offce?what do you think will be the merit of the case(less serious physical injury)? do you thing it will be worth filling?or will it just waste my time and money..tnx and more power...

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5 Re: less serious physical injury on Tue Feb 08, 2011 8:19 pm

attyLLL


moderator
bgy is required if you live in same city or municipality. whether it is worth it depends on you.


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6 Re: less serious physical injury on Thu Mar 03, 2011 2:36 pm

dod


Arresto Menor
so you mean atty,before filing a case to court i have to meet him first and settle it in baranggay? As of now he doesnt like to settle this matter infact he is doing some delaying tactics. He promised to pay me the half of my medical expenses so i would not file a case but recently he denied his commitment to me to pay. Do you think i still have to file this less serious physical injury after 2 months now?and what do you think will happen and will this be worth it?im confused and hesitant in filing coz it might be costly and non sense or in the end he will just be paying 200 pesos fine then be released, please advice

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7 Re: less serious physical injury on Thu Mar 03, 2011 2:46 pm

dod


Arresto Menor
im confused atty i want to teach this person a lesson and also what makes me hesitant is i dont have any witness na sinuntok suntok nya ko whith put me provoking him coz im new in that place and besides ako lang mag isa nun, medico legal lang ang hawak ko , what do you think will happen if i file and pls advice me kung dapat kong pabayaan nalng na parang nanakawan nalng ako. Honestly im willing to spend pero gusto ko sya makulong pero kung 200 lang ang pyansa cgurado wala ng tatagal sa kulungan pag ganto kaliit ang pyansa. AT BUKOD SA LESS PHYSICAL INJUSRY ANU PA ANG PWEDE KO IKASO?ASSAULT BA?ksi po nilapitan nya ko at pinagmumura then when i came down dun na nag umpisa?

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8 Re: less serious physical injury on Fri Mar 04, 2011 2:25 am

donna


Arresto Menor
good am atty..i was charged for minor physical injury,death threat and malicous mischief..to make it short without going to details,i had a fight with someone, and i recieved papers from the court for me to attend hearings without going through the brgy..i didn't attend then i recieved from the municipal papers with no bail because i didn't attend the hearing..what does no bail mean?will i go to jail for such crimes..if yes how long?

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9 Re: less serious physical injury on Sun Mar 06, 2011 3:36 pm

attyLLL


moderator
dod, if you live in the same city, then it has to go through the barangay. There is no cost. less serious physical injury can be filed in 5 years, but sooner is better. with the medico-legal certificate and your positive identification, you have a good case.


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10 Re: less serious physical injury on Sun Mar 06, 2011 3:38 pm

attyLLL


moderator
donna, did you and the complainant live in the same city or municipality?

i think what it says is NO BAIL RECOMMENDED. it means that no warrant of arrest will be issued, so you don't have to file bail. but if you don't attend, the warrant will be issued.


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11 Re: less serious physical injury on Mon Sep 10, 2012 8:39 am

Ettenaj


Arresto Menor
Good day to you atty. Gusto ko lang po humingi ng legal advice. napag tripan kaming mag asawa ng grupo ng kabataan, hinampas ako sa noo ng matigas na bagay na naging dahilan para pumutok ito, at ang asawa ko po naman ay pinag tulungan bugbugin, ang lumabas sa medico legal nmin ay SLIGHT PHYSICAL INJURY at sa asawa ko naman ay LESS SERIOUS PHYSICAL INJURY. Na capture po yung main suspect na nag-iisang namukaan namin, pero after 1 week nabigyan cya ng release order ng fiscal ng tatay dahil ang gusto ay idaan muna sa baranggay which is naiintindihan naman namin. ANg tanong ko po is, since alam naman po namin ang abala pag tinuloy namin ang kaso, magkano po ang pwede naming idemand kung makikipag areglo po sila sa amin. Alam kasi naming mag asawa na hindi namin maaasikaso ito dahil pareho kaming bc sa trabaho.

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12 Re: less serious physical injury on Wed Jul 17, 2013 10:32 am

derpp


Arresto Menor
Hello, atty. I want to ask whether or not scarring on the back caused by scalding is considered slight physical injury? It has been treated with silver sulfadiazine, didnt need to go to hospital, and only incapacitated the person for 7 days. Was caused by a powerful impulse which produced passion, which led to the scalding. Thank you for your great advice to the people above.

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13 Re: less serious physical injury on Sun May 25, 2014 8:17 am

athenalouise


Arresto Menor
hi! my name is B. i just like to seek assistance regarding the case of my partner. it happened last May 18, 2014 at 1am to 2am, fiesta po samin nun. kasama nya ang mga pinsan nya na uminon on the other street and when the time they were done, on his way home he noticed na isa sa mga pinsan nia is nakikipag-away. umawat siya then all of a sudden, may pumalo sa kanya ng bote sa ulo habang nakatalikod sya then tinulak siya at sumobsob. sabi nung pumalo is " tropa ko yan", she thought that was my partner yung kaaway nung kaibigan nia. yung pumalo sa kanya ay dali daling nagtago sa ibang bahay at binato pa sya ng bote after that.
nagkaroon po siya ng sugat sa ulo na kailangan tahiin in the hospital with treatment for medication for 10 days. pwede po ba ito i-under as physical injury?

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