Oral defamation

Good morning po! tanong ko lang po sana pwede po ba akong makasohan nang oral defamation? Ang nangyari po ay, maraming bisis na po kaming nag aaway nang live in partner ko po dahil sa maraming messages at misscalls na ibat ibang number ang ginagamit at hindi ko alam kung sino yun at alam niya kung sino ako dahil step sister yun nang live in partner ko na hindi ko alam kung sa kanya ba yung number na yun, ang totoo po nyan isa lang daw ang may ari nun, ang nangyari tinawagan ko po ang number na yun at bata ang sumasagot at pakiramdam ko ginagalit nila talaga ako at nagtext ako na kung sino sya at nireplayan nya ako na ikaw sino ka? tinawagan ko ulit bata parin ang maririnig ko na boses.. Ang nangyari after 1 day nag ring ang phone nang ka live-in partner ko at sinagot ko at same number sa tinitxt ko na tinanong ko na sino sya,.. at(who's bitch is this?) at i dont even know who it was kasi bata po na boses ang narinig ko at palagay ko nilaroan lang talaga ako. after that, tinitext nya ako na ako daw ang malandi at maraming text na masama.. at sabi nya sa text na step sister daw siya nang live in partner ko at she said that she's looking for her step brother.. nireplayan ko na sorry sa sinabi ko kasi bata po ang narinig ko na boses.. after a day, pumunta ang papa nang ka live-in partner ko sa tinitirahan namin at pinagalitan nya ako dahil sa sinabi ko anak nya na (who's bitch is this?) at sinagot ko siya na bakit pinaglaroan ako? tinanong ko ang anak mo kung sino siya, sinagot ako na sino ako? at kung tinawagan ko bata na boses ang marinig ko.. sabi nang papa nya na sira daw ang cellphone nya at bata raw na boses ang marinig kung myroong tumatawag.. sabi ko sino ang nag akala na sira ang phone mo hindi mo sinabi sa akin,, After 2 days, pumunta ang ang step mother nang ka live-in parter ko at nag eskandalo sa tinitirahan namin nahihiya talaga ako dahil lumalabas ang mga kapitbahay at hindi ako lumlabas sa bahay dahil nahihiya talaga ako, at siya sigaw nang sigaw sa labas.. sabi nya pagmakita daw nya ako kahit saan kukuramotin daw nya mukha ko.. at pahiyain daw nya ako sa sa tinatrabahoan ko at kung mag exhibit daw ako sa sm doon daw nya ako pahiyain.. Nag file siya nang child abuse sa DSWD dahil sa ginawa ko dahil 14 years old pa daw na sinabihan ko ang anak nya na bitch. oral defamation daw ang case laban sa akin at child abuse.. pwede ba yun? pinadalhan daw ako nang invitation ng DSWD 3 times at ang natanggap namin ay ang 3rd invitation lang, ayaw po nang ka live-in partner ko na pumunta ako dun na mag isa dahil baka ano raw ang mangyari sa akin dahil kilala na daw nya step mother nya.. instead of 9;30 ako dapat nandon 10;30 napo kami nakapunta dun kasi 10;00 pa kasi ang labas niya galing trabaho.. pagdating namin dun hindi na kami tinanggap nang DSWD kasi late na daw kami ipinsaka na daw ang kaso laban sa akin dahil child abuse daw ang ginagawa ko at sabi nang lalaki na kausap namin duon wala daw akong laban dahil bata ang sinabihan ko. Anu po ba ang ma expect ko na mangyari? pina file na po daw nang step mother nang ka live-in partner ko ang case na laban sa akin.. makukulong po ba ako nito? please help me po kasi wala po akong ka alam alam sa mga ganitong bagay po.. Wala na po akong mapatungohan kasi wala na akong mga magulang at malayo po ang mga kapatid ko at matatakot akong makulong.
Thank you!

they will have to file a complaint at the prosecutor's office. you will receive a subpoena to file your counter affidavit.

attyLLL wrote:they will have to file a complaint at the prosecutor's office. you will receive a subpoena to file your counter affidavit.

Thank you po Attorney, may possibility po ba na makulong ako? sabi kasi nang ina nang bata ay gawin nya lahat para makulong ako.. ang liit naman nang bagay na ginawa ko at nag sorry pa po ako kasi hindi ko sinadya at ito lang ang dahilan na makulong ako.. Yung mga message nya sa akin na kahit saan nya ako makita sasampalin daw niya ako at kukuramutin ang mukha ko at sabi niya na mag skandalo daw sya sa tinatrabahoan ko, pwede pa po ba ako mag demanda sa laban sa kanya? kasi takot napo ako palagi nalang akong mag ingat sa mga lakad ko dahil takot akong makita sya at gawin nya ang mga threat nya sa akin..

Attorney, pasensya na po sa medyo malabo na pagkaka-summarize ng kwento.

Ayusin ko lang po.

I and my BF's stepmom had a history of misunderstandings, caused almost always by gossips by people around us. It reached a height where she threatened to physically hurt me (via a Facebook message), until she found a legal reason to avenge her cause.

One day, I and my BF had an argument about women calling him, and him not saving their numbers. At that exact moment another unregistered number called. I grabbed his phone, answered it, heard a child-like tone asking for my BF. Fed up with the seemingly-playing child-like tone, I yelled at her "Sino na naman ba ang p***ang ito?" and that's when we found out it was his step-sister, a minor, asked by her and my BF's father. I felt so sorry when I realized that, but beyond my control we disconnected not having settled the call properly.

Then his stepmother found out about it, used it as a way to get back at me by filing a case. They went to DSWD, sent us an 'invitation,' but we never got anything until the 'last notice.' We went there the following morning, although an hour late due to such short notice, only to learn that they have already secured a certificate to file the case.


That's the situation we're in now, we don't know what to do and are simply waiting for what's happening next. So my questions are:

- Being called "put*" over the phone, is that enough grounds for Oral Defamation?
- I admit it was wrong, but my remark was not directed towards his step-sister; do I have a chance at not being found guilty?
- It is clear to all that this is the effort of my BF's step-mom to avenge her cause, is that a fact we can present to the judge? (We can print out her FB messages as evidence)

At this point, we don't know if a case has been filed or not. We are almost panicking as I am unemployed, and only my BF is generating income and we are in a financial situation living together.

I hope you can enlighten us in this situation, Attorney. Thank you for all our help, in behalf of my BF and all the people you tirelessly help in this site.

my advice is the same. if they file a case against you at the prosecutor's office, then a subpoena will be sent to you directing to file your counter affidavit.

if it were oral defamation, that's not much of a case. it's the allegation of child abuse which carries a heavy penalty. the problem with 'child abuse' is that it is a very vague concept capable of wide interpretation. they did the right thing by going to the dswd, and now their complaint carries credibility especially if the dswd endorsed it.

do you have any proof to show that after what happened, you tried to apologize?

motivation is not relevant because it had nothing to do with your act.

I hope your BF finds a way to fix this.

I see. We may not be fully familiar with what and how a counter-affidavit is filed, but my bet is that it shall contain our side of the story, an explanation. Only then can the 'case' be considered valid, is that right? (I'm very sorry, not much legal experience here)

So it is the act of Child Abuse we need to prepare for, not Oral Defamation. We had also been told that at least two witnesses were required, and family members were disqualified, but not straight from a legal expert. If you don't mind, please tell us more about that. The way it sounds, that isn't the case is it? And another thing, does Child Abuse not require a witness?

The text conversation that followed right after, between her and my BF (her step-brother), is still saved in the phone. It does show that he tried to apologize for me.

I understand that the following statements do not have anything to do with the act, but my BF is furious over this much effort by the other party. His step-mom has a history of Child Abuse in mental and physical form, experienced directly by my BF and his younger brother (the latter still lives with their step-mom). He has forgiven the step-mom like a Christian would, stood up as the most valuable family member who gave most respect and most care for their step-mom, but gets this instead in return. That's me typing now, by the way. Yes, I, Mira's boyfriend, tried to settle this but she is very determined to make Mira suffer and I couldn't do a thing about it.

witnesses are preferable, but not required. there is no disqualification by being a relative.

Thank you so much. In your opinion, is there anything else we might need to know? Thank you for your help.

start gathering what evidence you can, and prepare your factual narrative. bail for child abuse is P80,000.00.

The only evidences we could gather are the SMS conversation between me and my step-sister that followed, and the print-out of that threatening message from my step-mom to us sent via Facebook.

Is that bail an up-to figure? Is that the highest? How low can it go?

And, in your opinion, if we are able to prove that this entire misunderstanding was simply an accident (she didn't know it was my step-sister, Papa also said the phone was broken), do we have a chance at making less difficult for all of us?

How does it work, would a warrant come out first? Or a subpoena, to invite us to a hearing?


Back to the motivation, we also have witnesses (almost the entire neighborhood) that my step-mom stormed into our rented room screaming, threatening to hurt Mira physically, and pretty much anything bad she can say (my step-mom has that behavior, she had even been arrested for that exact reason -- somebody sued her for such scandal); is it possible, in any way, to bring up her anger at Louen to weaken their case?

We all know it was nothing, just a misunderstanding. Even my step-sister knows that. Even my father. The only problem is, my step-mom. She found a way to make us suffer.

you can file a separate case for her acts.

The best way to resolve this is through the relatives mediating and hopefully a settlement can be worked out.

Indeed. We are hopeful in all ways. Thank you so much for your advice.


Update:
So we did our homework and asked around, I hope you don't mind I just need some clarifications.

The case appeared to be Psychological Abuse, as it was done over the phone. I asked two police precints if a case had been filed (the first precint we went to sent us to another), and a narration was inevitable. The female officer from the first precint said, a Psychological Test would first be conducted. The result would then give them the go signal to file a case. But before it reaches the court, a 'summon' would be sent to us to which we need to respond with an explanation within 10 days. Only then can a case be filed. The Psychological Test also takes months to complete, she added, explaining that the duration makes way for family reconciliation.

Questions:
- After the Certificate to File Action, is it true that, in this case, the Psychological Test is required before filing a case?
- What comes after that Psychological Test? Another 'meeting?'
- What else shall we do?

Unfortunately, the second precint said that a case can then be filed right after acquisition of that said certificate. He did not know about a Psychological Test. He also said, that the summon/invitation sent by DSWD was the "last" chance we had in explaining our side. Both precints greatly differed in advice. Please help us with this confusion.

not always, psych test can be conducted after the case is filed in court. it's up to the discretion of the prosecutor if it s needed.

if you want to monitor if a case has been filed, you should inquire at the prosecutor's office.

I see. Thank you so much.

Just one last question:
A child is 18 years old and below, correct? Not below 18 only.

below 18. technically you are 18 years old only for 1 second, after that you are more than 18.