Free Legal Advice Philippines
Would you like to react to this message? Create an account in a few clicks or log in to continue.
Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

incident happened 3 years ago... can I still file MORAL DAMAGES?

2 posters

Go down  Message [Page 1 of 1]

jtrish_82


Arresto Menor

Hello!I was once been engaged w/a foreign man 3 years ago but wedding was aborted due to some misunderstandings w/the family. But what made worst is my ex family's made scandalous scene when they went to our house ( the day of the wedding ) shouting " THIEVES ". Me and my family were all surprised why they have said it to us. We were living in the subdivision so almost all the neigbors heard it.Due to the reason that we're unprepared we do nothing. After few days I have known they flew back to their country leaving some injustice remarks. Few days later, I learned that I was aired in one of our known city's radio program. They got a trivia about what happened to me, telling all my complete name and address. It crushed my heart and it torn me into pieces. I am just a human being but why it reached w/airing on radio? I sought an advice from lawyer he said we will file a moral damages but we found out that he just make money from me. When I met my cousin she sadly told me that she read the newspaper and I was in the front page of the news and thus with my full name and address too. Again I cried because it is a big shame to me. With all the accusations with no proofs, I felt more injustice. Some days after, my friend abroad emailed me a link on the site and there the same news again regarding the " call- off wedding due to overprising "... It is too much. How come they did it to me that they don't have proofs? How can I defend myself? I did tried but due to the reason that me and my family became hopeless, due to the reason that we almost spent all our money to our lawyer who just made money from us, it was my mum who told me to surrender it to the Lord. I am a Christian and after 3 years I suffered emotionally, mentally, financially for all the bad things it caused to me. Almost all the people had been gossiping me everyday. It seems I don't have a face to face them. I felt like a criminal being guilty of a crime I haven't done everytime peole stared at me. I got weak with my emotions and got sick for mentally tortures. For 3 years I tried to stand with the pains, shame, anger but what can I do? What is done can't be undone. My ex tried to contact me again and I found out that there were people in our neighbors who told his family to do it ( airing in radio, publishing in newspaper and so on... ) I had confirmed that the woman who lives in front of our house is what he's talking with. But I told my ex what his family caused me can't change anything and I will never marry him anymore. For 3 years of burdens I told myself God will punish those people. But just last Saturday, the brother of this woman has threat to burn our car which in return made my family to report him in the police but since we don't know his name so through his sister ( the woman whom my ex was telling me who guide his family ), we were able to blotter them. Last Thursday, we confronted in Brgy. hall. But I was unsatisfied with our dialog. Deep inside of me I want to put her in jail and to file a case against her and his brother. Pls help me, what will I do? Do I still have a reason to file a moral damages against her though the incident took place 3 years ago? Can I file a grave threat to her brother though the brgy. counselor told my dad that we don't have a witness during the time this man threat my dad? After our dialog last Thursday, this woman told me that it was her and the rest of her 3 friends were the one who guide my ex's family. We signed an agreement to respect each other's rights. I asked this woman that we want her brother to sign too because he made a threat to burn our car but she reasoned out that he's working and asked me not to touch him. I am still eager to pursue to file a case against her. Will it be granted by the court if ever I will file a case against this woman?...Pls help me. I need your advice...

attyLLL


moderator

do i read correctly that you want to file a case for damages against your neighbor?

an action based on a wrong not arising from a contract can be brought within 4 years from the commission of the act. so yes, you can still file a civil case for damages.

however, it seems to me that the biggest problem you will have is that the only pieces of evidence you can show is the oral admissions of your ex and the woman, and these can be very easily denied.

it is also not clear what was stated in these radio programs and newspapers, plus you can never compel these journalists to reveal who their sources are unless they stated them in the article itself.

if your lawyer was negligent, you can file a complaint against him with the Integrated Bar of the Philippines.

if the the brother is not a resident of your city or municipality, your father can file a case of threats against him at the prosecutor's office, but they will surely use the agreement you reached at the barangay as a defense. they will argue that your father already reached an agreement at the lupon.

https://www.facebook.com/BPOEmployeeAdvocate/

Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum