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from slight to serious physical injury

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1 from slight to serious physical injury on Fri Apr 01, 2011 6:51 pm

ronandvc8


Arresto Menor
i was a victim of mauling last mar13,4 men beat me up,suffered from contusions,lacerations,i had to be stitched up by the er doctor,lower part of the right eye,head trauma,both eyes suffered hematoma,i got a med cert form from the gov hospital for medico legal purpose and we have pictures and my girlfriend as an eye witness to the crime. this happened outside yohoo metrowalk good thing there was a police unit patrolling the area, 3 were collared but one got away,they were jailed for 2 days posted bail after... the fiscal found enough evidence to formally charged them, we filed a formal complaint with the city fiscal,and the fourth suspect was sent a subpoena to appear on two dates,mar31 and april 7,i asked the fiscal as to why it was just slight physical injury,he mentioned because the doctor only issued a medcert covering 9 days,so what we did was after the 9th day since i was not yet able to work and still not completely healed,we went to the doctor and asked to be re examined and was given another medcert,now can i still file a serious physical injury case with the new evidence that i have,how and what will i do after?i am not aware of the process,can someone advice me,thank you so much

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2 Re: from slight to serious physical injury on Sat Apr 02, 2011 12:33 am

attyLLL


moderator
if they have been arraigned, it can still be changed but it will be up to the court whether it will be allowed. if not yet arraigned, no problem.

serious is more than 30 days. less serious is 10-30


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3 arraignment on Sun Apr 03, 2011 11:37 am

ronandvc8


Arresto Menor
they havent been arraigned yet,i guess,we already filed with the fiscals office,we have a case number,.. afterwhich they sent me the charge sheet,my copy and then copies for the suspects,stated in the sheet for the case to move we have to pay a filing fee,how much would it cost?,perhaps ballpark figure,can it be paid anytime,and how long would a case like this be tried in court?im open for settlement,but it must be favorable for us,2 weeks, i wasnt able to report for work,had to pay my medical bills,moral damages and all,the trauma and pain,thanks atty

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4 Re: from slight to serious physical injury on Sun Apr 03, 2011 2:12 pm

attyLLL


moderator
the three guys who were arrested, if the case was already filed in court, then talk to the prosecutor handling the case and give him your new med cert.

as for the one who is still undergoing preliminary investigation, you can file a supplementary complaint affidavit and attach your new med cert.

what happened to the 3 arrested guys? they file for bail? arraignment should be scheduled even if there is no payment of docket fees.


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5 out on bail on Sun Apr 03, 2011 7:23 pm

ronandvc8


Arresto Menor
the 3 suspects were out after spending 2 days in jail,they paid 200 peso each as bail,according to the fiscal they spent at least 2t each as they were charged other expenses, i dont know exactly as to the details,the fourth was subpoened to appear last thurs and this coming thurs as well,they sent me my copy,but i was not asked to be there, id love to see the fourth a hole who instigated the others to maul me infront of an audience,the audacity,good thing a concerned individual phoned the nearest precinct,so the 3 were caught before they can flee the scene,hot pursuit caught off guard,they didnt resist the arresting officers,.. little do they know they are in a deeper shit, i was really badly injured,,i even ran after them all bloodied,so after we boarded the police van we went first to the nearest gov hospital i was examined,wound cleaned and stitched,xray and all,the 3 morons thought of escaping but i had them guarded,my brothers and sisters arrive the hosp shortly after then we were investigated at the precinct,they were advised of their rights but there was sufficient evidence to hold them for the time being, they were asked to inform their family of their wherabouts,me and my gf went on to narrate the whole story to the investigator,and the following day we went to the fiscals ofc together with the suspects and filed the complaint,they didnt asked any payment at first,after 5 days a letter was from rcvd from the prosecutors ofc,stating the case filed and that i had to pay the docket fee?no amt stated,at the moment i still dont have a lawyer,im certain we have a strong case,a winning one,their best alibi could be,they dont know each other,but they were the same group of individuals beside our table all drunk and they made passes at my gf she felt uncomfortable, i had to inform them to mind their own business and we left the place after as it irked them and i had a feeling they wanted really to beat me so badly,... my gf pleaded them not to go after us as we were leaving and just let it go,they didnt stop,followed me outside,harrassed me and my gf... or they can say it wasnt them, but me and my gf were direct eye witnesses or they can say i was the one who started a fight with 4 guys,wow...and they were acting in self defense...,i was badly hurt,they were the ones who attacked me from all angles,all at the same time i was sorrounded,no one got hurt from their side not a single scratch on them,they had no medcert they had no injury nothing and they were caught redhanded,blood on their hands,i think they had big rings,five finger ones,i was a margarito beaten by 4 pacmans...whew that was a forgettable experience,never saw it coming...thanks for your helpful answers,till next time,

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6 supplemental affidavit with new medcert on Sun Apr 03, 2011 7:29 pm

ronandvc8


Arresto Menor
is there a specific form for these?or could i just make my own?and then submitt it to the fiscal or judge?

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7 Re: from slight to serious physical injury on Sun Apr 03, 2011 9:50 pm

attyLLL


moderator
i'm sure the fee will be at least P500 for the mediation fee.

i have to warn you to manage your expectations. for these guys, the worst is over. even if you are able to convict them, they can file for probation and they will never serve any jail time. they will just have a criminal record.

for the 3 guys, just go to the fiscal handling the case and give him a copy of the new med cert.

for the other one undergoing preliminary investigation, just make an affidavit stating that you underwent another medical examination and attach the new med cert.


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8 never serve jail time on Mon Apr 04, 2011 12:42 pm

ronandvc8


Arresto Menor
serious?it is still up to the court,i guess that would be your own opinion,i respect that,we have to have punishment for individuals who violate the law and others peoples rights as well.

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9 Re: from slight to serious physical injury on Tue Apr 05, 2011 11:13 pm

attyLLL


moderator
hopefully, they will settle with you. good luck.


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10 arraignment on Thu Apr 07, 2011 2:28 pm

ronandvc8


Arresto Menor
set this aug 13,open for settlement,and justice for all.....

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