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What case do i have to pursue?

+2
b_9904
ekim13ph
6 posters

Go down  Message [Page 1 of 1]

1What case do i have to pursue? Empty What case do i have to pursue? Wed Mar 11, 2009 2:55 pm

ekim13ph


Arresto Menor

Need an advice, what kind of case do i have to pursue to all my complaining witness that theyve accused
me that I didnt do? if ever I will win the case.
coz i encountered a warrant of arrest on where police officers have to seized me.. On which I was traumatized,
feeling of insecurity, emotional for so many weeks before I have to cope up and (yung abala sa pagpunta sa
hearing)..
cause I see the progress of my hearing case that I will win this case... COz I was accused of
falsification on which I didnt do it... So Please I really need your advice,... thanks in advance!!

2What case do i have to pursue? Empty Re: What case do i have to pursue? Fri Mar 13, 2009 3:24 am

b_9904

b_9904
Prision Correccional

^paki-linaw lang po. medyo kulang kulang po kasi facts and medyo magulo pagkaayos.

TY!

3What case do i have to pursue? Empty Re: What case do i have to pursue? Fri Mar 13, 2009 9:39 am

ekim13ph


Arresto Menor

to make the story short po, I was accused of Falsification through recless imprudence. And naglabas ang court
ng warrant of arrest where police officers have to seized me.. On which I was traumatized,
feeling of insecurity, emotional for so many weeks before I have to cope up and (yung abala sa pagpunta sa
hearing)
And I have to pay my bail-bond. Yun nga po, ryt now po sa mga outcome ng hearing namin nalilinawagan n ang kaso na pabor sa akin. Ang question ko po, if ever na pabor sa akin ang hatol npatunayan na wala akong sala, may karapatan po ba me na
maghabla sa mga nag accused sa akin (yung mga complaining witnness). at anong ang pede kong ihabla sa
kanila? thanks po...

4What case do i have to pursue? Empty Re: What case do i have to pursue? Fri Mar 13, 2009 2:26 pm

admiral thrawn

admiral thrawn
moderator

^^ You may want to wait first for the final outcome of the case then from there consult your counsel,BTW is your lawyer provided by the court? PAO or you hired a private practitioner to defend you? kung private lawyer , do consult him first sayang naman binabayad mo sa kanya.

5What case do i have to pursue? Empty Re: What case do i have to pursue? Fri Mar 13, 2009 4:45 pm

ekim13ph


Arresto Menor

I hired a private lawyer, If ever po na pabor po sa akin, possible po ba na kasuhan ko rin ang nag-accused
sa akin after this case? kc sa mga na experience ko nung time na may warrant me at abala po s mga hearing
I want to get back at them!! (hope you understand what I meant) thnks po ulit...

6What case do i have to pursue? Empty Re: What case do i have to pursue? Sun Mar 15, 2009 11:11 pm

disbarred lawyer


Arresto Menor

if ever you will be acquitted, you may file a complaint for damages on the ground of malicious prosecution

In this jurisdiction, the term "malicious prosecution" has been defined as "an action for damages brought by one against whom a criminal prosecution, civil suit, or other legal proceeding has been instituted maliciously and without probable cause, after the termination of such prosecution, suit, or other proceeding in favor of the defendant therein." To constitute "malicious prosecution," there must be proof that the prosecution was prompted by a sinister design to vex or humiliate a person, and that it was initiated deliberately by the defendant knowing that his charges were false and groundless. Concededly, the mere act of submitting a case to the authorities for prosecution does not make one liable for malicious prosecution.

7What case do i have to pursue? Empty Re: What case do i have to pursue? Wed Mar 18, 2009 2:20 pm

ekim13ph


Arresto Menor

my another problem is that this case of falsification I was charged of criminal case on which those who charge me are employee of govt. institution.
Thats why its stated republic of the Philippines versus me. After this case If ever I was proven not guilty, can I
still charge them with "malicious prosecution". Correct me If I am wrong coz if ever "ur accused by govt. institutions
theres no way that u could charge them because of their Immunity or I dont know what term it should be"
Needs your advice again. thanks!!!
disbarred lawyer wrote:if ever you will be acquitted, you may file a complaint for damages on the ground of malicious prosecution

In this jurisdiction, the term "malicious prosecution" has been defined as "an action for damages brought by one against whom a criminal prosecution, civil suit, or other legal proceeding has been instituted maliciously and without probable cause, after the termination of such prosecution, suit, or other proceeding in favor of the defendant therein." To constitute "malicious prosecution," there must be proof that the prosecution was prompted by a sinister design to vex or humiliate a person, and that it was initiated deliberately by the defendant knowing that his charges were false and groundless. Concededly, the mere act of submitting a case to the authorities for prosecution does not make one liable for malicious prosecution.

8What case do i have to pursue? Empty Re: What case do i have to pursue? Thu Mar 19, 2009 1:37 am

corporbum


Arresto Menor

You might consider filing a civil case for damages and a criminal case for perjury kung may nagsinungaling sa mga witnesses against you. But based on experience (which is quite short pa naman) don't count too much on being awarded substantial damages.

9What case do i have to pursue? Empty Wait lang... Thu Mar 19, 2009 1:43 am

corporbum


Arresto Menor

teka nga muna, mga panero/panera (na nakabasa ng problema nya), meron bang crime na falsification through reckeless imprudence? I can't say i encountered one.

10What case do i have to pursue? Empty Re: What case do i have to pursue? Thu Mar 19, 2009 9:42 am

ekim13ph


Arresto Menor

Heres the complete details: "For falsification of Public Documents
Through Reckless imprudence" at MTC. I know that you will recognize it, kc ganun din ang reaction ng lawyer ko
na ngayon lang sila nkarinig ng ganung kaso eh... at one thing nlaman ko na wala rw sa batas ntin n pede nating
kasuhan ang attached to govt institution, kc ang mga complaining witness ko are employee of govt. institution.
Is this true?? kc pag totoo na meron silang immunity, hoping na ma absuelto ako,
parang wala na me paraan to get back at them... sana malinawan ako ng husto, thanks...


corporbum wrote:teka nga muna, mga panero/panera (na nakabasa ng problema nya), meron bang crime na falsification through reckeless imprudence? I can't say i encountered one.

11What case do i have to pursue? Empty Re: What case do i have to pursue? Tue Mar 31, 2009 11:23 pm

prettylaw

prettylaw
Arresto Mayor

There can be no falsification through reckless imprudence as that will be inconsistent with the
element of intent to cause damage in said crime.

You may file a case of perjury against the witnesses

Two (2) Ways Of Committing Perjury:
a. by falsely testifying under oath
b. by making a false statement

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