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RA 9262 VAW - being accused of sending obscene mail. is this valid evidence?

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Henteng


Arresto Menor
HI Atty, ask ko lang po. i'm being accused of sending obscene mails from an ex-gf (dati ko syang otherwoman) and i received a subpoena from NBI regarding the case. my questions are

1. Pwede po bang gamiting evidence saken ang mga emails to accused a person of VAW. Hindi ko po pangalan or account ung email. it came from anonymous person.

2. Kung hindi po nila mapatunayan sa investigation, ano po ang next na pwede nilang gagawin? at kung mapatunayan nila na ako nga ang nasa email, valid evidence po ang mga ganung emails sa court?

3. Tama po ba ang case na isasampa nila saken?

4. Worst comes to worst, bailable po ba ang kaso?

Maraming Salamat po and hope to hear from you.

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attyLLL


moderator
yes, those emails can be used as evidence. they will have the burden of proof to show that it came from you.

vawc is possible because you had a relationship.

yes, vawc is bailable.

is this the afccd of the nbi?


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Henteng


Arresto Menor
HI AttyLLL

Thank you for the quick response.

I'm not familiar with afccd. what is that po?

next question, if they can't prove that it is me, and dont want a settlement, they will file a case on the fiscal right? Will they detain me right away?

if they can't prove that it's me, what is the best counter / case that i could file against them?

thank you!



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attyLLL


moderator
i don't see any counter charge you can make from the facts you gave. anti fraud and computer crimes division.

yes, they will file at the fiscal, but the entire process of prelim investigation has to be finished first.


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