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Grave Coercion filed againts us (FLIGHT ATTENDANT)

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simply_cheena


Arresto Menor
Hello there. I am new here. I would wish to seek for free legal advice. I used to work as a cabin crew in a certain airline. I was hired on Oct 2009. I had this flight incident on December 23, 2009 bound from Hongkong to Manila where two passenger guests had Down Syndrome.
That I was hearing complaints from this passenger so I came forward to ask one cabin crew why and what causes the delay. The mother (complainant) together with her Special child was sited at the forward/first row. Considering that I was assigned to perform my routine in the aft section of the aircraft. I stayed mainly in the aft/rear. I have been very busy the whole time time attending to passengers' needs, more particularly in the aft, where I was assigned. The entire crew members were filed for committing Grave Coercion by this complainant.

unfortunately the case is still on going at court. I am pending for arraignment next week. I am not connected with the airline anymore and they were not of help of giving me legal assistance. They only focus on the crew remaining or working with the airline. So I hired my own lawyer to protect me. I actually had a small talk with the complainant and her lawyer. I told them I was the least involved and we didn't even talked inflight. So where does Grave coercion come? Her lawyer told me they are willing to withdraw my case as long as I file an affidavit of my participation or involvement of the flight incident. Should I trust them? How long will this take if we file this affidavit? Will my presence be still needed at court even after they withdraw the case? I am really desperate to end this case. I was suppose to fly to Qatar Airways but all of a sudden I received this resolution from the City Prosecutor that I am still included in this case. I hope you can help me on this.

Thank you.

Tina

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TiagoMontiero


Prision Correccional
since you are did not do anything during that event, then, do not execute that affidavit of participation as it appears that it is a form of admission, unless of course, they are getting you as witness, that will not be a problem. And yes, if you execute this affidavit, your presence is still needed. Just ask the your lawyer to file a motion to quash, if based on their complaint, you did not do anything or you did not even have any communication with the victim.

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3 grave coercion counteraffidavit on Thu Jun 21, 2012 3:21 pm

rafaelnandito


Arresto Menor
To anyone from here. I need help badly. I have just submitted june 18 my counter affidavit to a grave coercion complaint in the prosecutors office in san fernando la union by a former employee who was served a show cause letter about her violation of the company policy last may 22.Her complaint says the grave coercion happened because i was forcing her to resign and sign a blank paper. This is not true since she is the one who immediately offered to resign and offered to date it May31 so that she will still received her salary.She just changes her mind because after she decided to resign, i got a blank paper in my car where she can write her resignation letter while she called her family and then when she got back she is no longer resigning. She filed complaint may 23. may 31 the complaint affidavit was sent to me. I was a able to make a counter affidavit june 18. in time for the 10day required by the prosecutor.(1)
Is it possible for the complainant to make an affidavit of desistance for it so that it will be immediately drop. (2) in her reply may 28 thru email she admitted to the violation that she tampered the document but claimed it was just a honest mistake. Then she resigned may 29 again thru email which is confirmed by an email by may boss. Is this enough reason for the prosecutor to dismiss the case since the three elements of grave coercion are all absent? (3) RE grave coersion complaint, am i required to advice my new employer about it even if its not yet a case?

I am forever grateful to the lawyers here who ceaselessly help people like me.

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attyLLL


moderator
in her complaint, what kind of force, threat or intimidation did you supposedly inflict on her?


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rafaelnandito


Arresto Menor
according to her subpoena she says" That he asked me to sign A BLANK PAPER, for which he compelled to do so against my will and still he insist that i will sign the same and that i refused to do so to my damage and prejudice."

Thanks really for replying...,

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attyLLL


moderator
then that's where your defense lies. what you coercion requires something as grave as threatening to hurt her


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[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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7 grave coercion case on Wed Jun 26, 2013 1:22 am

rafaelnandito


Arresto Menor
Dear Anyone,

its been a year now, and i was not able to get any affidavit of desistance from the complainant. I posted bailed last June 13, the case of grave coercion pushed thru.

my lawyer is filing for "determination of probable cause" will it delay or postpone the scheduled arraignment on July 24?

Thanks for the help.

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rafaelnandito


Arresto Menor
if i lose the case of grave coercion what would be the penalty?

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