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physical injury

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1 physical injury on Tue Jul 26, 2011 12:37 am

allen01


Arresto Menor
good evening sir.

i would like to seek your professional advice regarding this matter concerning me, my car, and a third party. i live in an area which doesn't have adequate parking space for vehicles (more like a squatter's area). my car has been parked on the same site (in front of my mother's house) for 6 yrs now and never had any problem whatsoever. on 07-24-11 approximately 3pm, 2 drunk neighbors had an argument which resulted in one of them picking up a liquor bottle (emperador) with the intent of smashing it on the other person's head. naturally, the 2nd person tried his best to avoid being hit with the bottle. the bottle then smashed on the hood of my vehicle resulting to 2 dents on the hood. this event was witnessed by no less than 12 other neighbors.

my vehicle recently had a strip-to-metal paint job (about 1 and a half mos ago). naturally, when i learned of what happened (i was not on the scene at the time the event occured), i was vehement and tried to find the person who damaged my vehicle without going to the brgy to file a complaint. i didn't find the person and so the day ended with my car damaged parked outside the house of my mom. i contacted a car shop around 8pm and made an appointment to have my car's hood repaired by covering it with carbon fiber (sticker)rather than a paint job (which costs more) the following morning 10:30am, 07-25-11.

on 07-25-11 at about 8am, i had my car washed (at a nearby car wash) to strip off the wax from the vehicle's hood in preparation for the repair. when finished with the car wash, i again waxed the car's other panels which will not be affected by the repair while talking with other neighbors who mentioned they've already talked with the person who damaged my car advising him to at least approach me and ask for "dispensa" for what he did. at about 930am, after finishing the car's maintenance, i saw the person at the other end of our street and he was also looking at me. i went to a sari-sari store to drink a softdrink (cobra energy drink) which took me approximately 10 mins to finish thinking that the person would approach me and at least discuss what happened....he did not approach.

i found it irritating considering what he did and his audacity to walk around the street like nothing happened so i approached him. i informed him that a lot of people saw what happened the day before and i would like to know what his plan is to rectify the damaged hood. i know he didn't have the financial capacity to pay for the repair and i was about to forget about it since i've already made an appointment for repair which i will pay myself. what irked me the most is he denied having damaged my vehicle infront of me when i already informed him i have no less than 12 witnesses stating he threw the bottle which hit my car.

i punched him ONCE on the right eye and he started to bleed. that's when i told him "menos na tayo" meaning we're even....he doesn't have to pay for the damage and i have no obligation to pay for his injury. he consented (as attested by my mother who approached and talked to him right after the incident)

two of my neighbors (those who did not witness the event that damaged my car nor the incident when i punched the person the following day) are now insinuating that he get a medico-legal (it's his right) and file a complaint against me at the brgy. as of yet, no complaint against me has been filed since i found out that they would also like to have an x-ray done on 07-26-11 to the person i punched earlier in the morning.

i on the other hand already filed a blotter at our brgy (720pm, 07-25-11) with the intention of safeguarding my vehicle from malicious intent which may arise from what happened.

sir my question is this. i am aware that they would try and suck money from me that is why the 2 neighbors are feverishly prodding the person i punched to do a medico-legal and file a complaint. would the verbal agreement my mother and the person i punched agreeing to call the matter quits stand? if not, what are my options to guard myself from their intent considering they have incurred expenses doing the medico-legal and i also have incurred expense by having the hood of my vehicle repaired?

your advise is highly appreciated.

more power to you sir.

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2 Re: physical injury on Tue Jul 26, 2011 1:43 am

allen01


Arresto Menor
a follow up question sir. is there a time frame wherein they should file the necessary complaint against me? (i.e. should it be within 24 hrs of the incident or 6mos, etc?)

thanks again for any advice you can provide me.

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3 Re: physical injury on Tue Jul 26, 2011 7:36 pm

chanely 73


Arresto Menor
i just wanna ask atty what could be the outcome if you will be convicted wd simple slander and slight physical injury? will you go to jail and is der damages?

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4 Re: physical injury on Tue Jul 26, 2011 11:16 pm

attyLLL


moderator
allen they have 2 months to initiate the case. the verbal agreement is fine if the parties honor it. otherwise, if they deny it, then it may be hard to prove there was an agreement.

both of you can initiate a complaint at the bgy, and later at the prosecutor's office. i hope you realize that what you did was not justified, and this isn't a simple matter of canceling out each other's financial costs.

chanely, it can be a fine of P200 and/imprisonment up to 1 month for each charge.


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5 Re: physical injury on Wed Jul 27, 2011 12:32 pm

allen01


Arresto Menor
thanks for your quick reply sir. i am aware of the possible consequence of my action and will be ready to file the necessary counter-charges as needed. thanks again atty.

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6 Re: physical injury on Wed Jul 27, 2011 4:27 pm

chanely 73


Arresto Menor
but we all are entitled to probation right atty?

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7 Re: physical injury on Wed Jul 27, 2011 10:14 pm

marilyntibaldo


Arresto Menor
gud day i just want to ask if can i file a case of slightly physical injury to a person directly to the court?

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8 Re: physical injury on Wed Jul 27, 2011 10:30 pm

marilyntibaldo


Arresto Menor
she hit me on my head with a cp and there is a contusion on my nape and back area,,and also she slap my face two times and she said "she wants to kill me " but how can i assure that my case will win if his "kabit"is a police and a fiscal in our province?what will i do?

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9 Re: physical injury on Thu Jul 28, 2011 10:47 pm

attyLLL


moderator
chanely, yes, if you plead guilty or convicted.

marilyn, do you have a medico-legal certificate? if you live in the same city or municipality, you have to file it first at her bgy. a person cannot be both a fiscal and a police officer.


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10 Re: physical injury on Fri Oct 07, 2011 9:55 pm

jimel021


Arresto Menor
good evening po!

atty. tanong ko lang po na pag yun complainant ay walang naipakita na witness paniniwalaan po ba sya ,pero yun respondent ay may documents ng witness na mag papatunay na walang ginawa yung respondent na pananakit, ma dismiss po ba agad yun case?

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11 Re: physical injury on Thu Oct 13, 2011 11:25 pm

attyLLL


moderator
it's very difficult to assess evidence without seeing them.


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12 Re: physical injury on Sat Nov 19, 2011 9:13 pm

abscpa


Arresto Menor
hi help lng po ..please..

I have a friend po at sinapak rin po siya ng tatlong tao n ksma po ako.nasa brgy n po ang complain nmin kaso po ung isa po hndi ngpapakita since nkisali lng nmn po sya s gulo pero ksi po ang gsto po sn anminis mghingi sila ng sorry anu po kya ang mangyayare kung ung dalawa n convince kmi at ung isa nmn po ay ngmatigas kesyo aantyin n lng dw po ng atty nila ang susunud nmin n ggwin.anu po b ang pde nmin mgawa dun s isa po mrming slamt po.

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13 Re: physical injury Today at 10:56 am

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