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1 ORAL DEFAMATION & GRAVE THREATS - HELP on Fri Sep 09, 2011 6:19 pm


Arresto Menor
We received a subpoena addressed to my father. A complaint for oral defamation and grave threats was file against my father. The complainant is a recent co-worker of him.

My father is an OFW and is currently outside of the country. The complainant's accusations based on the affidavit attached in the subpoena is not true. The incident happened last April 2011 and he filed his complaint just this August because he was sent home from his work abroad. Details in his complaint are inaccurate, we have documents that can prove that the date when the incident happened, my father and the complainant did not know each other yet at that time, they've never worked together before May 2011. We also have proof that the complainant is still outside of the country when the incident happened.

My father and the complainant have issues with each other when they were together abroad. The complainant is my father's staff, and we think that he believes that my father is the reason why he was sent home. He threatened by father when they were abroad, and it was all supported by reports made from abroad sent to the Phil. office. There are also witnesses abroad that can testify about the threats made by the complainant.

As my father is not here in the Phil, what actions my family could take? How are we going to deal with the subpoena? Can we, as the family, file a case against him regarding the threats made to my father abroad. My father is very worried to our safety here in the Philippines because the complainant might go after us since my father is still abroad.

Thanks in advance!

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2 Re: ORAL DEFAMATION & GRAVE THREATS - HELP on Fri Sep 09, 2011 7:57 pm


You do not have to fine a counter-affidavit. The fiscal can dismiss the case moto propio.

Just be cautious of your safety. Civil damages can be filed by your father against the man but that can wait or even be left as is just to avoid making the matter worse.

Last edited by rchrd on Fri Sep 09, 2011 8:00 pm; edited 1 time in total (Reason for editing : additions)

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3 Re: ORAL DEFAMATION & GRAVE THREATS - HELP on Fri Sep 09, 2011 8:08 pm


Arresto Menor
Thank you very much for your prompt response.

Just to make it clear, there's no need for us to appear in the fiscal's office?

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