Need Advice on What Case Should be Filed

Hi Atty,

Good day to you.
Sir, I would like to ask advise on what case should be filed against the offender. The incident is as follows below.

"We're currently live on an apartment type house and 1 of our neighbor is intentionally spit a plegm in front of our door twice daily on the same spot. My wife already informed the maintenance personnel of the building and also blotter it to Brgy., unfortunately there is no enough evidence on who's doing it however my wife and the maintenance personnel suspect the other apartment. So the Maintenance personnel, My Wife, and My 9 yr old Daughter set a trap to catch the offender. My Wife and my daughter are both inside the house and behind the door while the maintenance personnel is on 4th floor stairs. Fortunately suddebly open the door and saw again a spit and she also saw someone just get inside on the other apartment. But when things got escalated to the building owner my wife decided to instead find another house bcoz she doesn't want any trouble and the building owner agreed. However on the night time again a spit with plegm on our doorstep so my wife report it to the maintenance personnel but this time the maintenance personnel didn't care at all, bcoz he already know's that we will be transferring. My wife already pissed off, so she call her Father, Uncles, and Cousins just to accompany her to confront the tenant on the other apartment. (Take note, my wife only did call her relatives bcoz the other apartment has males residence)

But here's the thing Sir, when the residents of the other apartment and my wife confront each other, SUDDENLY THE MAINTENANCE PERSONNEL TWIST EVERYTHING. HE THEN SAID THAT IT WAS MY DAUGHTER WHO'S SPITTING, WHICH IS NOT TRUE COZ MY WIFE AND MY DAUGHTER ARE BOTH BEHIND DOORS AND THE FACT THAT IT WAS ALSO HAPPENING EVEN DURING WEEKDAYS WHILE MY DAUGHTER IS AT SCHOOL. THEN THE MAINTENANCE PUT WORDS ON MY WIFE MOUTH, HE THEN SAID THAT MY WIFE IS A TROUBLEMAKER IN THE BUILDING AGAIN IT's NOT TRUE BECOZ WE'VE BEEN ON THE BUILDING FOR 2 YR AND THE FACT IS THAT WE ARE THE MOST TENURE AND THE REST OF OUR NEIGHBORS IN THE BUILDING ARE NEW. THEY (BUILDING MANAGEMENT) NEVER HEARD SOMEONE COMPLAIN AGAINTS US. SO TO MY WIFE's defence, she called my Daughter to tell everyone and describe who did she saw, BUT THE MAINTENANCE STARTED TO FALSELY ACCUSED MY 9 yr OLD Daughter and he raised his voice and saying that my daughter is a liar and that HE saw her spit, at that moment my daughter of course denied it at even able to describe who she saw and she even told them that the one she saw is not in there. BUT SINCE THE MAINTENANCE PERSONNEL IS SHOUTING AT HER, MY DAUGHTER RUN TO HER MOM TO GET COMFORT.

Atty., it really hurt me coz my family wasn't been a problem of the neighborhood. I am an OFW and during that time I wasn't there to defend my family. Now I already bought a ticket to face this Maintenance Personnel and I want it to be in legal, gusto ko po sanang gulpihin kaso po magugutom po ang pamilya ko dahil alam ko na ako ang makakasuhan. balak ko po sanang sampahan sya ng kaso at talagang tutuhanin ko po hinde lamang sa barangay.

Anu ano po kaya ang pwede kong ihabla sa kanya at ng maturuan ng lekson ang mga bastos na tao at mga taong matapang lamang sa harap ng bata at babae? Ang sabi po kasi ng pulis kung e sampa daw po ng R.A.9262, kailangan daw ipa checkup sa Psychologist sa PGH ang bata.

Ang tanong ko po, anu anong pwede ko isampa laban sa maintenance sa gawa gawa nyang kwento laban sa asawa ko? ano anu po dapat ang grounds para naman sa anak ko?

Maraming salamat po Atty.

Hi Atty.,

Sana po mabigyan nyo ako ng advice sa lalong madaling panahon bago po ako makauwi sa Pinas. Kailangan ko po talagang turuan ng lekson ang mga tulad ng tao na yan.

Maraming Salamat Po!!

not ra 9262 but ra 7610. i recommend you file a complaint at the bgy first. and don't go crazy when you get back else you might be the one facing a case.

Hi Atty.,

Thank you po sa tulong na advice nyo, binasa ko po ung RA 7610. Kailangan po bang dalhin ang bata sa PGH para sa Psychological exam? Kasi po sa pagkakaintindi ko lamang po e applicable ang psychological exam sa #1 of section 3, applicable din po ba sa #2 ng section 3?

Pagpasensyahan nyo po ako Atty., ayaw ko lang na paikot ikutin ako sa Bgry. dahil ung Boss po ng maintenance malakas sa Bgry. kaya gagawa sila ng paraan para lamang napaikot ang kalagayan. Sana po Atty., mabigyan nyo ako ng proseso kung anu ano ang dapat kung kukunin sa Brgy. na certification para mai-file ko po ang kaso.

(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;

(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being;


Maraming salamat po Atty., more power po sa inyo sa pagtulong sa pamamagitan ng advise nyo sa tulad namin na naagrabyado. God bless po sa inyo at sa pamilya nyo po.