Need advise po...

I just want to ask for an advise regarding sa plan ng kilala ko na mag-file ng case against us (me and my friends).

My only concern is...

Pwede ba akong sampahan ng kaso dahil lang sa naging suspect ko siya sa "paggawa ng issue na may affair yung friend kong guy at girl"?

May anonymous person kasi na nagkakalat ng issue na may affair yun friend kong girl at friend kong guy, so nagusap-usap kami kung sino ang posibleng may gawa nun, and we came up na siya yun...

So pwede ba ko makasuhan ng dahil don? I'm not accusing her, she's just one of my suspects. If yes, anong kaso ang pwedeng isampa laban sa akin at sa mga friends ko?

Thank po sa mga magiging advise niyo.

so a bunch of you had a caucus to wheedle out who probably is spreading rumors and you focused on one person? how did this information get to her? did you confront her or talked to other persons about it?

actually, my friends talked about it and they just informed me that it was 'her'. upon listening on how they arrived to that conclusion, i was convinced that it might be possibly her.

we didn't confronted her because we were still investigating if it was really her. suddenly, one of our friend happened to tell our investigation to 'someone' else, whose a friend of ours too, and that 'someone' told everything she knew to our 'suspect'.

the possible case is oral defamation or intriguing against honor, but i would think it is that one friend who talked about the investigation to someone else, and much depends on what was actually said, and whether the someone is willing to confirm it.

Thanks a lot attyLLL.

Lastly, may I know the minimum and maximum penalty for that case if proven guilty?

oral defamation: simple 1-30 days, serious 6 mos to 2 years. intriguing - 1-30 days.

So it will fall under intriguing?

And all of those categories (simple, intriguing, and serious) are bailable, right?

all bailable. and if convicted, can file for probation. which charge will depend on the appreciation of the prosecutor.

What do you mean by 'probation' and 'charge'?

if you are found guilty, you can apply for probation so you don't have to serve imprisonment.

of the possible options that may be charged, it is the fiscal who will decide.

Oh ok... If he is under probation, he can still live a normal life, can't he? Like going to work, hanging out with us, etc.?

yes, but he has to accept his conviction.

that means? he is already convicted of a crime?

but it's still the same, if he fight for it or not, if he loses, he is still convicted and can file for a probation, am i right?

yes you are correct. was a complaint actually filed?

not yet sir.

is there a timeframe for such case? i mean, if the complaint wasn't filed for a certain number of days/months/years, it will become invalid already, like an expiration date (sorry, i don't know the legal term for that).