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Sometime July, I had a peaceful talk to our neighbor (two houses away from us) and her partner (as he introduced himself) with regard to their car. I mentioned how we are doing the reverse most of the time and they should not park on a one-way street (isn't this a common sense?). Because they setup a gate then, they could no longer park their car. To ease up, I offered our free space but was turned down as she is so concerned on the safety of her newly purchased car (but 2nd hand). I emphasized that we park our car outside (we have no gate) for over 5 years now (even my other neighbor), and we haven't encountered any problem in terms of car's safety. So then, we had a verbal agreement that they will only park after 10pm or we may knock to move out their car or we can park on the other direction (ok lng kung wala pa sila). They comply sometimes but not always.
Then there was a verbal fight with her and my neighbor dentist a week or two after our discussion as they kept on violating / parking. The case was raised to the home owners president and the Barangay. I did not talk to them eversince as I will just respect whatever decision/agreements made. My neighbor dentist prepared a petition (as most of the neighbors signed including us) to tow their car whenever they had an illegal parking. They may call up the Barangay for another illegal parking. But then everytime the Barangay's representative come over, the car had left already. Moro-moro na lang ang nangyari.
Despite this, they kept on violating. Until last December 6 when my husband was so pissed off as he almost hit a child from reversing. You cannot see clearly when reversing at night. He's on a night shift now. So, he reported this to the guard.
Just then on the morning of December 8, 3 of our tires were flat and was intentionally stabbed, and learned also that our neighbor's pedicab parked beside our house as well as the car of my other neighbor was also stabbed. 3 vehicles were damaged. The helper of the dentist across our house saw the incident, and is willing to testify. According to her, it was done by the partner of our neighbor who happens to be drinking a night before. I fell asleep before 3am because their videoke are quite loud. So when the incident happened around 4am, i'm already in my deep sleep. The helper and neighbor dentist is trying to call me but my celphone was put in silent.
It is in the policy of the home owners that such noise is only allowed until 10pm, so they already violated this rule. But no sanction is in place. Although, their first.
So my husband and neighbor off went to the police station and was later on advised to settle first in the Barangay. The brother of the neighbor pasaway and her aunt appeared in the Barangay. They cannot give much information since they don't know exactly the guy's name (according to them), though they are living on the same house. They only know the guy's nickname.
So, the first hearing was set Wednesday, 3 days after the incident. Their car was then banned from entering the subdivision. On the first hearing, the girl appeared together with her brother and aunt while the guy didn't. They were there to appeal to lift the ban of their car. But they are not apologetic on the incident, instead they seem to come up with another story but was not told. The girl was able to give the name of the guy ( but we don't know if true and only gave little info where the guy lives, just Marikina). The second hearing was set on Saturday, but she said that she will text him and he is a busy guy (though neighbors always see that guy at home in our subdivision). Second (Saturday) and third (Sunday) notices were served but they still did not appear. So, the Barangay already issued a Certification to File for Action as Malicious Mischief.
The certification along with our prepared Demand Letter to settle the damages until December 20 was served but they are not signing or acknowledging any of those issued letters/advises from the Barangay.
Last Dec 27, a week after the deadline as we did not hear any word from them, we already filed a case to the police station and was able to submit to fiscal's office.
Questions:
1. Is there any possibility of dismissing this case if they would insist that they did not receive/sign the acknowledgement of any Barangay letters? Do you see any technicalities here?
2. When we filed the case, the police only acknowledged the guy for Malicious Mischief. We want to include the girl for obstructing or concealing the guy's info. When is the best time to file a case with her? We don't know if the name given was true.
3. Since facebook is a public site, we were able to track the guy and downloaded some of his pictures on the day of the incident. His name is different from the one provided by the girl. But now, the profile was already deleted. Can we use these info and photos including their conversation (i.e. Girl, her brother and the guy)?
4. Our witness is a 16-year old helper of our neighbor dentist. Dentist is so supportive to give them a lesson as they may also do the same to their car (though always parked near the gate/guard house). Other witnesses are afraid to come out. What can you say about our witness? Will our case be weak because of conflicts before?
5. Can we again request to ban their car since they consistently violating this agreement? Can we also request to ban the guy because of security threat because of many incidents (i.e. fight, damaging neighbor's property like dog house, plants)?
6. I learned that the true owner of the house is the father-in-law, and have already won the case. So, they are now for eviction. But the girl appealed to the court. Can they really stayed? What happens to our case if they left? By the way, we use our neighbor's address for the gut when we filed the case.
Thanks so much for your advises.
Then there was a verbal fight with her and my neighbor dentist a week or two after our discussion as they kept on violating / parking. The case was raised to the home owners president and the Barangay. I did not talk to them eversince as I will just respect whatever decision/agreements made. My neighbor dentist prepared a petition (as most of the neighbors signed including us) to tow their car whenever they had an illegal parking. They may call up the Barangay for another illegal parking. But then everytime the Barangay's representative come over, the car had left already. Moro-moro na lang ang nangyari.
Despite this, they kept on violating. Until last December 6 when my husband was so pissed off as he almost hit a child from reversing. You cannot see clearly when reversing at night. He's on a night shift now. So, he reported this to the guard.
Just then on the morning of December 8, 3 of our tires were flat and was intentionally stabbed, and learned also that our neighbor's pedicab parked beside our house as well as the car of my other neighbor was also stabbed. 3 vehicles were damaged. The helper of the dentist across our house saw the incident, and is willing to testify. According to her, it was done by the partner of our neighbor who happens to be drinking a night before. I fell asleep before 3am because their videoke are quite loud. So when the incident happened around 4am, i'm already in my deep sleep. The helper and neighbor dentist is trying to call me but my celphone was put in silent.
It is in the policy of the home owners that such noise is only allowed until 10pm, so they already violated this rule. But no sanction is in place. Although, their first.
So my husband and neighbor off went to the police station and was later on advised to settle first in the Barangay. The brother of the neighbor pasaway and her aunt appeared in the Barangay. They cannot give much information since they don't know exactly the guy's name (according to them), though they are living on the same house. They only know the guy's nickname.
So, the first hearing was set Wednesday, 3 days after the incident. Their car was then banned from entering the subdivision. On the first hearing, the girl appeared together with her brother and aunt while the guy didn't. They were there to appeal to lift the ban of their car. But they are not apologetic on the incident, instead they seem to come up with another story but was not told. The girl was able to give the name of the guy ( but we don't know if true and only gave little info where the guy lives, just Marikina). The second hearing was set on Saturday, but she said that she will text him and he is a busy guy (though neighbors always see that guy at home in our subdivision). Second (Saturday) and third (Sunday) notices were served but they still did not appear. So, the Barangay already issued a Certification to File for Action as Malicious Mischief.
The certification along with our prepared Demand Letter to settle the damages until December 20 was served but they are not signing or acknowledging any of those issued letters/advises from the Barangay.
Last Dec 27, a week after the deadline as we did not hear any word from them, we already filed a case to the police station and was able to submit to fiscal's office.
Questions:
1. Is there any possibility of dismissing this case if they would insist that they did not receive/sign the acknowledgement of any Barangay letters? Do you see any technicalities here?
2. When we filed the case, the police only acknowledged the guy for Malicious Mischief. We want to include the girl for obstructing or concealing the guy's info. When is the best time to file a case with her? We don't know if the name given was true.
3. Since facebook is a public site, we were able to track the guy and downloaded some of his pictures on the day of the incident. His name is different from the one provided by the girl. But now, the profile was already deleted. Can we use these info and photos including their conversation (i.e. Girl, her brother and the guy)?
4. Our witness is a 16-year old helper of our neighbor dentist. Dentist is so supportive to give them a lesson as they may also do the same to their car (though always parked near the gate/guard house). Other witnesses are afraid to come out. What can you say about our witness? Will our case be weak because of conflicts before?
5. Can we again request to ban their car since they consistently violating this agreement? Can we also request to ban the guy because of security threat because of many incidents (i.e. fight, damaging neighbor's property like dog house, plants)?
6. I learned that the true owner of the house is the father-in-law, and have already won the case. So, they are now for eviction. But the girl appealed to the court. Can they really stayed? What happens to our case if they left? By the way, we use our neighbor's address for the gut when we filed the case.
Thanks so much for your advises.
