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Serious Physical Injury

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1 Serious Physical Injury on Mon Aug 01, 2011 5:56 pm

curiousmind


Arresto Menor
Hi Atty.,

I would like to seek an advise.

There is an on-going case on my friend for serious physical injury. It is now on the court. Having it's first trial next week.

I'm a witness on that incident since I'm with him during that time.

Then the complainant warned and accused me that I also hit him that night and he will also file a case against me.

Honestly, I don't do anything with him. Dala nalang ng kahihiyan nya cgro that's why gusto nya ako isali sa kaso.

Valid pa ba yun if nasa court na yung case? Ano ang dapat kong gawin?


Thanks Attorney. I hope you can answer my question.

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2 Re: Serious Physical Injury on Mon Aug 01, 2011 10:23 pm

rchrd


moderator
If you testify in the present case, your counsel can raise as a point in the case against you that you were charged only in after-thought to get back at you because you testified against the private complainant.

Testify as to what really transpired but avoid becoming involved deeper in the quarrel.

God bless.

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3 Re: Serious Physical Injury on Tue Aug 02, 2011 12:22 pm

curiousmind


Arresto Menor
Hi Sir,

I see. So the court might ignore the complainant's filing of case against me? Is that possible?


Thank you Attorney. Smile





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4 Re: Serious Physical Injury on Wed Aug 03, 2011 9:28 pm

rchrd


moderator
NOTE: I am not yet an attorney but i don't give advices without basis/bases. I also mention when it is just a guess. Just trying to share my knowledge for free and hoping i could help and possibly show good God is.

"So the court might ignore the complainant's filing of case against me? Is that possible?"
Please let me clarify first:

If the complainant will also sue you, he will go to the Prosecutor's Office (not the court yet).

When he files the complaint at the Pros Office, the investigating prosecutor will either:
1. dismiss the case immediately if he does not believe the complainant or
2. order you to submit your counter affidavit before deciding whether he will dismiss the case or file the case in court. Your counter-affidavit (prepared by your lawyer) explaining that the complainant is just getting back at you (resbak) because of your testimony might convince the prosecutor to dismiss the case.
3. If ever the prosecutor rules that your claim of "resbak" is just a matter of defense, he will still file the case in court.
4. After trial and the case is submitted for decision, this is the time that the court will decide if your claim (that the complainant is just retaliating against you) is true.



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5 Re: Serious Physical Injury on Thu Aug 04, 2011 10:00 am

curiousmind


Arresto Menor
Hi Sir Richard,

Thank you for answering my questions.

God Bless! Smile

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6 Re: Serious Physical Injury Today at 4:11 am

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