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Dear All,
I would like to seek a legal advise regarding a case that was filed against the brother of my boyfriend.
First, is RA 9262 considered as a criminal or civil case?
The story goes like this, the guy was seeing this 3rd girlfriend even though he had two other kids from two different women before. He impregnated the 3rd girl but was very clear that he would provide financial support for the baby, which the girl agreed to. He visits the baby every now and then. According to the guy, the 3rd girl wanted more (she wants to live together with the guy and provide for her whole family). The guy did not agree to the said demand, thereafter the girl threatened to sue him. He was then sued for violation of RA 9262, claiming that the guy did not provide financial support and that he psychologically abused her (even though there were no proof of evidence presented by the girl that she was psychologically abused). The guy attended the hearings but with no legal advisor beside him. He provided documents proving that he can only provide for the baby and that he never psychologically abused the girl. The fiscal said they would evaluate the docs provided by the girl and the guy then will talk about it before giving a resolution. Lo and behold, the resolution was issued without any "talk" at all. The next day, a warrant of arrest was issued. Now the guy is in jail and he has to post bail for PHP25,000.
Second inquiry: How could a resolution be issued when there was no evidence provided at all by the girl especially on the psychological abuse part?
Last inquiry: What would be the best next step (guy's side) for this kind of case?
I appreciate all the legal help you could provide me as this is very important to me because it has affected my boyfriend's family a lot.
I would like to seek a legal advise regarding a case that was filed against the brother of my boyfriend.
First, is RA 9262 considered as a criminal or civil case?
The story goes like this, the guy was seeing this 3rd girlfriend even though he had two other kids from two different women before. He impregnated the 3rd girl but was very clear that he would provide financial support for the baby, which the girl agreed to. He visits the baby every now and then. According to the guy, the 3rd girl wanted more (she wants to live together with the guy and provide for her whole family). The guy did not agree to the said demand, thereafter the girl threatened to sue him. He was then sued for violation of RA 9262, claiming that the guy did not provide financial support and that he psychologically abused her (even though there were no proof of evidence presented by the girl that she was psychologically abused). The guy attended the hearings but with no legal advisor beside him. He provided documents proving that he can only provide for the baby and that he never psychologically abused the girl. The fiscal said they would evaluate the docs provided by the girl and the guy then will talk about it before giving a resolution. Lo and behold, the resolution was issued without any "talk" at all. The next day, a warrant of arrest was issued. Now the guy is in jail and he has to post bail for PHP25,000.
Second inquiry: How could a resolution be issued when there was no evidence provided at all by the girl especially on the psychological abuse part?
Last inquiry: What would be the best next step (guy's side) for this kind of case?
I appreciate all the legal help you could provide me as this is very important to me because it has affected my boyfriend's family a lot.
