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malicious mischieef - accused of throwing chemicals to neighbor car that resulted to scrape of paint of his vehicle

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merle


Arresto Menor

I need some advice to handle malicious mischief.

My neighbor accused me of caussing scrape to his vehicle and formalize his complaint thru our barangay.
of course I deny his allegations and accusations.
I'm already attended the 2 meetings in our barangay, first with the barangay captain and the second with the LUPON and still no resolution.

Complainant want me to admit that I purposely throw chemicals that resulted to the scrape of the paint to his car stating that his 9 year old boy saw me throwing with a pail of water on the night of June 20, 2009 at around 2200h more or less.

The damage of the car were on the leftside portion fronting their room and near/beside of our LABAHAN or laundry area.

In that 2 separate meetings I attended, all I asked from him is to show evidence to prove that I indeed throw chemicals to his car that resulted to a scraped, of course the complainant had nothing to show.

My conscience is clear and this is a weak case because he has no proof to show but hte ABALA is really getting on my nerves and I've been suffering anxiety because of the harassment this case is bringing me.

I want to know;

a. if this case be dismised, can i file a complaint against my neighbour for moral damages or harassment?
b. can his 9 years old son is enough evidence to prove my guilt.
c. during our first metting with the barangay captain he mention that he called the attention of our security
guard to have it log to the logbook and advice the guard to make a report. but when I ask the guard
how true that they were instructed and called their attention, the guard said NO and plus NO entry of
the logbook. CAN I FILE A CASE OF LYING or FALSE STATEMENT to my NEIGHBOR?
d. because the complainant is the son of a retired fiscal, can I be convicted because I will not admit and
pay the damage?
e. how long is the imprisonment of this kind of case and the penalty?
d. whats the process of this kind of case to bring this to court?

Please advise....

attybutterbean


moderator

(a) If your neighbor files a complaint against you and the complaint is eventually dismissed, you can file a case of "malicious prosecution" against your neighbor. Malicious prosecution is 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 your neighbor was prompted by a sinister design to vex or humiliate you, and that it was initiated deliberately by your neighbor knowing that his charges were false and groundless.

(b) It all depends on the testimony of the child as well as your defense/s. As you may know, the prosecution must establish by evidence BEYOND REASONABLE DOUBT that: (1) you intentionally threw chemicals at the car with the sole purpose of damaging it; and (2) the car was damaged as a result thereof.

(c) Lying or false statements if not under oath does not constitute perjury. However, you can use his false statements as a defense if your neighbor eventually files a criminal complaint for malicious mischief. You can also use his false statements if you decide to file a case for malicous prosecution.

(d) You can be convicted only if your evidence of guilt is proven beyond reasonable doubt.

(e) The case for malicious mischief that can be filed against you will fall under Article 329 of the Revised Penal Code (Other Mischiefs). The penalty will depend on the value of the damage caused, to wit:

1. By arresto mayor in its medium and maximum periods, if the value of the damage caused exceeds 1,000 pesos;
2. By arresto mayor in its minimum and medium periods, if such value is over 200 pesos but does not exceed 1,000 pesos; and
3. By arresto menor or fine of not less than the value of the damage caused and not more than 200 pesos, if the amount involved does not exceed 200 pesos or cannot be estimated.

Arresto mayor. — The duration of the penalty of arresto mayor shall be from one month and one day to six months.

Arresto menor. — The duration of the penalty of arresto menor shall be from one day to thirty days.

(f) Your neighbor will file a case with the Prosecutor's Office having jurisdiction over the place where the incident happened. Malicious mischief cases of this kind does not require preliminary investigation. Therefore, the prosecutor can resolve the case without giving you the opportunity to be heard. If the prosecutor finds that based on the evidence of the complainant, there is probable cause to believe that you committed the crime, he can file the criminal information directly with the Metropolitan/Municipal Trial Courts without notifying you.

Although the case does not require preliminary investigation, the prosecutor, at his discretion, may nevertheless subpoena you and the complainant to appear for preliminary investigation before he resolves the case. This is usually utilized as a venue for a possible settlement between the parties.

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