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

counter charges for false accusation on a minor

2 posters

Go down  Message [Page 1 of 1]

maria_antonette


Arresto Menor

Hi guys! i am newbie here. I joined just to have some enlightenment/legal advise on one topic that is bothering us for quite some time.

here is the gist. Last Thursday, 22 July 2010 while my nephew, a 13-yr old 2nd yr high school student was waiting for his school bus, a group of men & a co-student approached him and directly accused him of taking the wallet with P2,000 cash inside of one of the back-riders from the other buses.

Instantly my nephew denied the accusation and told them he has nothing to do with the alleged theft/robbery. Then the co-student pointed out that he had seen my nephew playing with another classmate near the accuser's bus and after a few minutes shouted "MAYAMAN NA KAMI".

Then my nephew and some other classmates asked the group of men to search their bags but they refused saying they have enough evidences and no need to rummage through my nephew's bag. After wards they uttered that the issue will be brought to the school authorities. My nephew out of fear just hurriedly went to his bus and told the story to his 9-yr old sister. Then all the buses started moving. After a few miles away from the school premises, one of the man from the group tried to catch up with my nephew's bus and threatened him that something bad will happen and that they will do everything to expel my nephew from his school.

Next day my sister went to school to consult this issue with the school authorities (guidance counselor) but w/o hearing the whole story and my nephew's defense had blatantly told that they believe every word that the accuser was saying and even asked for a written testimony from the other student who misheard the "MAYAMAN NA KAMI" statement allegedly uttered by my nephew.

The guidance counselor made it final that my nephew is guilty w/o even conducting an investigation. And worst is, supposedly this should be a confidential matter just between the accused student (aka my nephew), the complainant and whoever is present during the "one-sided hearing" but what happened when my nephew returned to class after sending her mother off, whatever transpired was now known to the whole faculty and his class.

Now my nephew out of disgrace and emotional trauma doesn't want to attend his classes anymore. We have also learned from my nephew's bus service assistant that the complainant continue to spread the rumors to all the students and even the other bus drivers and kept mentioning that this case will be filed with the police.

What can we do about this one? We wanted to uphold the right of my nephew since he is still a minor. We wanted to get even with them legally for the emotional trauma that they caused.

Kindly advise us please.

attyLLL


moderator

as a first step, file a complaint at the barangay where the school is located. hopefully this will get them to stop their actions. otherwise your recourse is to file complaints at the prosecutor's office for slander and child abuse.

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