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Legal Advice po sana About Slight Physical Injury

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silver24


Arresto Menor
Good Afternoon,

I want to ask, what would be the max punishment for slight physical injury? i read some of the post here about slight physical injuries, 1-30 days or P200 plus censure? what does censure really mean? is it monetary? is it valid that the complainant will be the one to state what she want to receive to settle the case? she want us to supply the monthly medicines she needs? if ever what should be the limit?

thank you in advance for the response... badly need help for this one.

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attyLLL


moderator
in censure, the judge admonishes you. akin to a verbal warning.

was this an accident? the P200 is a fine as punishment; you still have to provide for civil damages. reasonableness depends on the circumstances.

settlement is tricky, you want it fast, you pay big.


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silver24


Arresto Menor
actually, it is not an accident and contusion hematoma to its left breast was the finding of the doctor written in its medical certificate. it happen because the complainant said many things to other people which is not true.

what do you think is the best thing that we do about this case? if ever that they found it guilty, is the civil damages need to be paid will go higher than P5,000?

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silver24


Arresto Menor
and another, do we need a lawyer for this case?

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attyLLL


moderator
up to you if you want to proceed without a lawyer. a hematoma is a bruise so i don't think civil damages should be very high.

this is more a question of the hurt or angry feelings of the complainant.

you can either settle or face the case and wait for her to realize how long it takes to achieve justice.


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silver24


Arresto Menor
actually, it is already in mtc, we are not sure if she get a certificate to file an action from the barangay. and we think she directly file it to mtc...

so even we dont have a lawyer, we can proceed to the case. we just need to file our counter affidavit that is stated to the notice we receive for arraignment?

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attyLLL


moderator
if you live in the same city or municipality, it is required to go through the bgy first. but if you don't file a motion to quash now, then you are deemed to have waived this.

it is not required to have a preliminary investigation for this offense, but most prosecutors still conduct one. there was none?

the PAO lawyer assigned to the court can be your lawyer for now.


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silver24


Arresto Menor
we receive the notice on march 23, 2011 and the arraignment date would be on april 5, 2011 and at the same date we should file our counter affidavit base on what is said in the notice we received. can we still file a motion to quash?

and about the medico legal, we ask a doctor, when a medico legal is valid to use as an evidence, she said that it should be 24 hours after the incident happen, if ever they made the medical check up after the 24hours period, is it still valid?

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attyLLL


moderator
it is not yet too late, but check the records first if there was a certificate to file action issued by the bgy. motion to quash can be filed before arraignment.

a medico legal executed more than 24 hours is still valid, but the longer it takes, the more it can be questioned whether the injuries came from the supposed assault.


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silver24


Arresto Menor
if ever we file the motion to quash, can they still file a case regarding the same issue again if ever the motion has been approved?

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attyLLL


moderator
yes, but at least you delayed it.


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