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Need Legal Advise

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1 Need Legal Advise on Mon Jan 16, 2012 12:21 pm


Arresto Menor
Hi, I need some legal advice.
Story Background:
8th January-Sunday- at round 4-5am I was jogging inside our village with my 5 months old pup and 2 year old toy breed dog when the puppy barked at someone in the dark, the guy whom my puppy barked at, instead at stopping pointed his finger to and said: "P.I., pag ako kinagat ng aso mo papatayin ko yan sa harap mo!" I was shocked and immediately confronted the guy, and exchange of curse and heated argument went on. I asked him if he's from the village and found out he was just jogging there. I have jogging inside the village for more than 2 years and just saw him there only that day, and to top it, he was alone and the only person jogging apart from me. I immediately got my flashlight and took his picture and told him I am going to report him to our barangay, but then he vanished.
The following Sunday, at the same time, I saw him again and confronted him, heated arguments started and exchanges of curses, but the person was provoking me and pointing his fingers, when i was in front of my house, he was about 200 meter away from me. That triggers me to confront him, I immediately rush to him and he threw his first punch and we ended up in a brawl.
After an hour I was asked by the barangay to appear in their office because a formal complaint of assault, grave threat, oral defamation, and physical injury was filled against me. And I was very surprised, because I thought I was the victim in the first place.
My question now is: First; Is there a way I could counter complain about the guy, who is not a homeowner, jogging alone at around 4-5am in our village, which triggered my 5 month old puppy to bark, not even attack? Second; instead of showing himself and apologizing, about what happened he cursed, point his finger and threat to kill my dogs in front of me, Third he was the first to attacked and because I was 200 meters away from him and yet he lied and told the barangay that I threw the first punch at his left shoulder, which was not really possible because rushing for 200 meters to confront him, it would have been impossible to throw away a punch because I am catching my breath and to top it all I have a puppy and a dog with me. Besides, he could have positioned and defend himself if I am to attack. And finally; is it legal for the barangay to pick me up from the house without any formal summon or subpoena and to present me in front of 5 angry relatives and so- called witness, pointing their fingers and cursing me inside the barangay hall?
Please help.
Your legal advice would be highly appreciated.
God Bless

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2 Re: Need Legal Advise on Mon Jan 16, 2012 2:01 pm


Arresto Menor
How do I evict my nephew's family in my property. They have been living here for nearly 12 years without rent. This house and lot is in the process of being secured extrajudicial settlement among heirs but my deceased parents have identified the said property to be registered in my name (inheritance). I want them out of my property. Thank you for the legal advice you can give.

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3 Re: Need Legal Advise on Wed Jan 18, 2012 9:42 pm


my teacher, you could have refused the invitation until there is formal summons, but it seems you agreed. you can file a counter charge at his bgy.

donike, send a demand letter then a case at the bgy, then a case for ejectment

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