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What_Counter_Charge?

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1 What_Counter_Charge? on Thu Mar 10, 2011 6:21 am

lenar_2010


Arresto Menor
Hi Attorney Good Day,
Sir may I ask if for instance I won the case case (if I'll be acquitted), what counter charges can I file against my opponent? I was charged with "Direct Assault in Person of Authority", though it was like a frame up, thus I am hoping that I'll get acquitted, God permits...

My work status was greatly affected that I was ranked bottom among my workmates due to the absences incurred during my hearings and when I was jailed..(grading regularly done, which is a barometer if an employee is eligible for the "annual increase" and "company bonus" and it'll be a lifetime record appearing in an employee's 201 File...

I was the one who was actually hit by the barangay Captain as I pacified him mauling my friend...(my friend got bruises also) .
-In case we won Attorney, what charges can we file against the Barangay Captain Sir? And is it advisable to counter file though? If so, when is the proper time to File?

Thank you so much again Attorney for your advice.. regards..

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2 Re: What_Counter_Charge? on Thu Mar 10, 2011 9:14 pm

attyLLL


moderator
i would recommend you file a civil case for damages instead. you will have to prove that the bgy captain knowingly lied.


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3 Re: What_Counter_Charge? on Fri Mar 11, 2011 6:06 am

lenar_2010


Arresto Menor
attyLLL wrote:i would recommend you file a civil case for damages instead. you will have to prove that the bgy captain knowingly lied.


Thank you Attorney.. How could that be possible when we don't have any witness to stand and prove, because no civilian could have witness the incident since it happened at night time and secondly, even if someone could have witnessed, he wont agree to testify for most if not all of our constituents are afraid to him, greatly terrified... In fact, every time he (Capt)is disappointed, he indiscriminately fires rounds of his armalite rifle or .45 calibre in there back yard. And he use to feed our Police with lechon thus they wont entertain but rather mock you when you report to complain......

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4 Re: What_Counter_Charge? on Tue Mar 15, 2011 9:26 pm

lenar_2010


Arresto Menor
Hi Attorney... Good Day Attorney. First I would like to thank you all out there for all your replies on all queries and problems I have consulted.. I am happy to say that we have won the case, which promulgation was done yesterday...

I have thinking over and over if I will have to file charges against our Barangay Chairman after we have won.. Basically because of my job that was greatly affected, my reputation in the company which I have been working for for almost fourteen years..The mauling which we have suffered ( given our medical certificate).. I often remember how I pleaded our Chairman, even before we were inquested and charged yet he replied me that "he wants to see who will eat dust" and "who will crawl to the ground for hardships" ... Furthermore, It has been his trait to maul and punish people even with a slight problem.. He is very honored terrifying lowly constituents... mauling and then putting then in jail for days.. This has somewhat convincing me to prove to him that his power as barangay Captain would not immune him above all rights and that he is not above the Law.. I just want to signify that he can be litigated, can be charged and convicted even if he is a Barangay Captain.

Thus, I am here again Attorney to ask how are my chances of doing it so? How will I do? What will I do? What potential charges can I file against Him? And, would you advise me to do it?

Thank you Attorney and More Power!!!

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5 Re: What_Counter_Charge? on Wed Mar 16, 2011 6:03 pm

attyLLL


moderator
again, i recommend you file a complaint for damages only because of the difficulty of evidence. in criminal cases, you will have to prove beyond reasonable doubt. in civil cases, there is only a preponderance of evidence. and that is what i would focus on: evidence, evidence, evidence of what you will claim against him.

your basis will be in arts 19 to 35 of the civil code.


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6 Re: What_Counter_Charge? on Wed Mar 16, 2011 8:28 pm

lenar_2010


Arresto Menor
attyLLL wrote:again, i recommend you file a complaint for damages only because of the difficulty of evidence. in criminal cases, you will have to prove beyond reasonable doubt. in civil cases, there is only a preponderance of evidence. and that is what i would focus on: evidence, evidence, evidence of what you will claim against him.

your basis will be in arts 19 to 35 of the civil code.



Thank you Attorney...
Good day and Regards..

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7 Appeal on Sat Apr 09, 2011 9:00 pm

lenar_2010


Arresto Menor
Hi Attorney, good day po,

Attorney I thought Ok na po lahat, nung manalo kami po sa kaso (direct assault) ang problema po, nag-appeal daw po yung kalaban namin Attorney, may notice pong natanggap yung Attorney po namin... Panu na po ang laban po uli ng ganun Attorney? Yung nag-appeal siya? Regular hearing na naman po ba uli Attorney? Anu naman po ang chances na mananalo po kami uli?

Maari pa po bang mag-file na din ako ng complaint gaya po nung advise niyong kaso po? Ganu po katagal para masasabing invalid na, or di na maaring mag-file kasi matagal na.. Ganu po ba katagal ang alloted time para kailangang maisampa ang isang kaso po?

salamat po Attorney..

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8 Re: What_Counter_Charge? on Tue Apr 12, 2011 7:31 pm

attyLLL


moderator
if you won in a criminal complaint in court, an appeal will be considered double jeopardy.


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9 Re: What_Counter_Charge? on Wed Apr 13, 2011 10:04 pm

lenar_2010


Arresto Menor
Thank you for the clarification attorney .. Now I am relieved totally.. I just asked my lawyer yesterday.. he just told me, we will no longer attend hearings on the same court and case even if summon arrive.. However I was not told that this would fall under double jeopardy..

Pasensiya na po attorney, pero matanong ko lang po since nagdecide na po akong magpa-file po ng damages/ civil case against our Barangay Captain kasi wala na po talaga siyang planung magtigil pa po e... Panu po ang gagawin ko pong evidence about sa mga absences na na-incur due to the hearings I attended during the hearing Attorney? May official requirements po ba? Or pwede na po yung printed copy po nung mga attendance ko po na kukunin ko po sa database po ng Company Payroll po namin? (Cut & Paste Po mula sa screen shots?)

Tsaka anu-anong damages po ba maaring isama Attorney? I heard, isa pa po yung sleeplessness po ba yun? Pati po ba fare, kasi dito po ako nag-wo-work sa Cavite po, & I travel from Cavite to Tarlac during hearings..


Salamat po uli... and more power po sa inyo..

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10 Re: What_Counter_Charge? on Thu Apr 14, 2011 9:26 am

attyLLL


moderator
that's risky not to attend the proceedings even if summoned by the court. you would be giving up your right to be heard.

just remember that whatever amount you ask the court to grant you in your civil case, you will pay around 3% as filing fees. That's P30,000 per P1M.

have your HR issue you a certification as to the absences.


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11 Re: What_Counter_Charge? on Sun Apr 17, 2011 6:24 am

lenar_2010


Arresto Menor
Hi Attorney thanks again.... may I just clarify po Attorney about dun sa nasabi niyo po earlier that
"if you won in a criminal complaint in court, an appeal will be considered double jeopardy."............ vs your advice on your last reply , first paragraph Attorney...

Is it possible that the court will grant the appeal of the plaintiff and then issue us a summon Attorney and that the rule of "double jeopardy" will not apply?.. Which we will then be required to attend proceedings Attorney?

Thanks and regards...

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12 Re: What_Counter_Charge? on Wed Apr 20, 2011 5:54 pm

attyLLL


moderator
these are all very speculative. if you were acquitted, that's it, all over. only under very exceptional cases (such as the aquino-galman case) will the decision be reversed.


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13 Re: What_Counter_Charge? on Tue Apr 26, 2011 7:02 pm

Jin


Arresto Mayor
attyLLL wrote:
just remember that whatever amount you ask the court to grant you in your civil case, you will pay around 3% as filing fees. That's P30,000 per P1M.

Question lng po atty., regarding sa filing fees n nabanggit nyo po, so ang process po b nun kpg ngfile ako for example ng civil case for the damages is dapat kaya kng bayaran yng filing fees? So kng wla po akng pera pmbayad ng filing fees n yun is dapt mgdecide ako n babaan ang hihingin ko n bayad pra sa damages? May possibility po kasi n malaki n ngastos sa kaso so maaring wla n din pera yng nanalo sa kaso.

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14 Re: What_Counter_Charge? on Thu Apr 28, 2011 6:35 pm

attyLLL


moderator
yes, there will be filing fees. yes you can lower your demand especially if there are moral, exemplary damages


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15 Re: What_Counter_Charge? Today at 4:44 pm

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