slight physical injury

i hope to seek legal advice regarding my brothers situation.... he has a family with 2 kids but have an affair with a girl that lead to separation of his and his wife... (their not married) after a couple of years of relationship with the girl, jst recently they had miscommunication the led to misuderstanding, but then my brother tried to reconcile with her until yesterday morning he thought the everything is okay, they have sex again..then she ask permission to go somewhere that she needs to accompany her sister. trying to call her cause its already late but turn off her cp, several hours later that night he saw the girl with other guy... instead of explaining to him or introducing him to the guy she runaway that made my brother more angryy... then with that emotions.. they had an argument that led to hurting each other he slapped the girl for many times then left the house..until this morning brgy. personnel went through our house saying that he was filed a case by that girl... he is hiding now dont know wat to do fear that he might end up in prison. CAn u help us wat to do? is it really possible to get in prison and easily arrest by police or brgy officials? wat will happen to him if he get cought? please give us legal advice on wat to do..tanx in advance..

I would argue that had your brother been arrested, it would have been an unlawful arrest and the arresting officers liable for arbitrary detention.

warrantless arrest is allowed only if the crime has just occurred and the arresting person personally heard or saw the crime being committed. in this case, it was already the following morning and the bgy. officials were not present during the slapping incident.

that said, if what you say is true, your brother could be made liable for violation of Violence Against Women and Children Law in addition to slight physical injury. his outrage at seeing her infidelity is not justification, at most it can mitigate his punishment.

wait for the summons of the barangay. i do not recommend that your brother disregard this; he should attend and it might be a good idea to have some family members come along. you may be able to reach a settlement or agreement at the bgy. level.

is it really the girl who is pursuing the case, or her parents? try to assuage their angry feelings.

the bgy has no power to decide whether your brother is guilty or not; it can only try to convince the parties to reach a settlement. if none is reached the case can continue by her filing a complaint in the prosecutor's office.