Legal Rights of Retarded Person

I would like to seek legal advice for my long distant relative.

The incident happened very recently, he is mentally incapacitated, he sent sexually abusive photos to a married woman, via private msg in facebook, then this woman goes on public, then abusive messages came in as expected.

Barangay summon eventually came in, then they want this retarded person to apologize publicly.

Is this legally right? I think this a violation of RA 9422 & RA 7277.

Also, the woman went publicly by herself.

Legal Rights of Retarded Person

Is he formally diagnosed by a physician that he has mental retardation?

Try to seek some free legal advice from the nearest PAO so that you will have an idea as to what rights do you have and how you can assert them if there will be litigation.

For now, you should aim in settling the matter peacefully in the barangay conciliation procedure and have the post taken down. Assert that your relative has been diagnosed with mental retardation and was not in his right mind when he sent those photos. A public apology seems fair if both parties will apologize for the incident.

Hi atty, yes he is confirmed retarded since birth, tough they lost psychiatrist cert, but they can get one if needed.

I just dont understand the necesity of public apology from a retarded person since the msg was originally sent privately, the woman herself was the one who told everyone in facebook , now the retarded person wont come out in their house, afraid.

The retarded person must apologize to the woman and to her family, but publicly is too much i think.

Thank you and will check with PAO. Godspeed!

For me, a public apology by BOTH parties would be a fair outcome, since both parties had erred. They should not have publicly shamed your relative, nor should those who have been caring for your mentally-challenged relative let him have access to social media in the first place.

Since both had erred, both need to publicly apologize, in my opinion. Again, keep negotiating with them and assert that instead of only your side who will apologize. Maintain composure while talking to them and always take the high road, so that there will be easier discussions between both parties.

Good luck with your situation.