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Physical Injury and Robbery

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1 Physical Injury and Robbery on Sat Oct 01, 2011 2:39 am

PLEASEHELP


Arresto Menor
Good evening, we need your advice as to what action to take. My sister has been given a subpoena by the assistant city prosecutor for physical injury and robbery. This was what happened:

She was in a bar with her friends and she saw a guy who sexually abused her 10yrs ago. She didnt file a case against him but out of rage and anger because of what he did to her, she slapped, kicked and burnt his forearm with a cigarette. She also followed him to the parking lot and did some damages to his car (exterior and interior of the car) and his belongings inside the car. She also threw to the empty parking lot nearby his belongings in the car.

3months after the incident at the bar, she recieves the subpoena for physical injury and robbery. Physical injury, yes, i understand, but why robbery? Also, isnt it supposed to be prescribed already because it has been over 2 months since it happened? Lastly, in case they have evidence (medico legal) could we plead for temporary insanity because obviously, my sister's emotions got the best of her after having a traumatic experience from the sexual abuse that she went through with the same person filing a case against her now.

Note: She was a minor when the sexual abuse happened.

Your immediate reply would be much appreciated. Thank you.

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2 Re: Physical Injury and Robbery on Sat Oct 01, 2011 9:44 pm

attyLLL


moderator
insanity is going to be tough sell. you'll need a psychiatrist to support your claim, and for sure, the case will reach the court because you'll have to admit she did it.

if there was no copy of the complaint, then get one at the prosecutor's office.

if you will raise this sexual abuse, she can still be found guilty but sentence reduced for mitigating circumstance of passion and obfuscation.

i recommend you get a lawyer to assist in preparing the counter affidavit.


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3 Re: Physical Injury and Robbery on Sat Oct 01, 2011 11:16 pm

jimel021


Arresto Menor
hello po..Smile

tanong ko lang po na yun ex girlfriend ko po ay nag demanda ng physical injury in relation RA 9262...ngayun po ay nag bigay sya ng statement pero yun statement nya ay binugbog ko po daw at sinaktan dahil sa selos..ayun po nag pa medico legal sya at nakita na may mga gasgas ang tuhod nya at may pasa po daw sa braso..pero natamo nya yun gawa ng sa kalasingan nya..ang sakin po ay wala katotohanan ang lahat ng statement nya dahil ang ginawa nya ay binaliktad nya ang mga ng yari ako po talaga ang binugbog nya at may witness po ako na mag papatunay na sya ang talaga ang ng bugbog sakin.dahil sa lasing sya..pwede po ba na ma dismiss ang case sa madaling panahon..pag nag kaharap na kami sa prosecutor office kasama yun witness..kasi po ng yayari ay binaliktad nya lahat ng ngyari..kung mapatunayan po ng witness yun mga statement ko ay totoo..kahit po sya ay babae..pwede po ako paniwalaan kasi po wala talaga ako ginawa sa kanya..at pwede po ba makulong yun mga 17 yrs old?

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4 Re: Physical Injury and Robbery on Sun Oct 02, 2011 11:26 pm

attyLLL


moderator
so do you have your own medical certificate to prove your injuries. you better prepare your counter affidavit and that of your witnesses


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