Oral Defamation.... Help please!

So thankful I found out about this site. I need help regarding the case which I filed last 2006. Medyo mahaba po so please bear with me, hope you will find time to read and give your thoughts on this.

It happened last 2006 pa po, ung kapitbahay po namin e nagpapractice ng band sa bahay nila everyday from 5pm til 8 or 9pm. One day po around 8pm, I requested the mother of the boys practicing band to end their practice earlier since my son is studying for an exam the following day. I was shocked coz she got mad at me, shoved to my face a permit coming from the barangay stating they were allowed to practice everyday. She even told me to file a complaint in our barangay if may reklamo daw ako. I left her and went to our house but she followed me and cursed me. Sabi nya pa "upakan na lang daw kami" Babae din po siya, nanay din po kaya it never occcurred to me na aabot sa ganito. That day I went to our barangay and police station to file a complaint against her. We met 5 times in our barangay but she never apologized for whatever she did so I requested for a Certificate to File Action. Nung nalaman nya po na humihingi ako ng certificate to file action, nagfile siya ng demanda sa barangay laban sa akin. Nagulat na lang ako nang malaman ko na dalawa kaming binigyan ng Certificate to file action ng barangay.

Nakapagfile po kami pareho ng case separately and pinagsama po ito sa isang fiscal. Lumabas na rin po ang resolution last Monday and parehong simple oral defamation ang nirecommend ng fiscal.

Sa resolution ng fiscal kaya pareho nafile ang case namin dahil meron kaming Certificate to file action pareho galing sa barangay. My question is legal po ba na binigyan din sya ng certificate to file action ng barangay kahit hindi siya ang original compalinant?

Ang finile ko po na case is grave oral defamation and unjust vexation, it was reduced to slight oral defamation and unjust vexation was dismissed. Pede ko pa po bang ireappeal un? Idinuldol nya sa mukha ko ung permit and pinagmumura nya ako in front of our house and hinamon nya ako ng away? Does it qualify for unjust vexation?

Ano na po ang next step na gagawin ko? Do I need to get a lawyer na po to represent me?

This may seem nonesense to some people, may nakausap po ako lawyer and ang advise sa akin is to just let go, kasi ako daw ang talo may pinag aralan daw po ako at masasayang ang time and effort ko. But this has caused so much anxiety on my part, first time po nangyari sa akin na murahin ko at narinig pa ng dalawang anak ko. I have lived in our community since birth and wala po akong nakaaway kahit kailan, maganda po ang pakisama ko at ng family ko sa lugar namin eversince. My focus is my family and work, I'm a teacher po, so I always make it a point to maintain dignity kahit nasaan ako. Plus, continued ang provocation on her part til now.

I hope to hear from you, salamat po ng marami!

There is no irregularity in the issuance of the Certificate to File Action in favor of your neighbor. If she also has a complaint against you, then she can definitely secure one.

You said "parehong simple oral defamation ang nirecommend ng fiscal". Therefore, a criminal case for defamation will be filed not only against your neighbor, but also against you. Since you will be facing a criminal case in court, you should hire yourself a lawyer to defend you in court.

With respect to the dismissal of the unjust vexation and likewise the resolution charging you for slight oral defamation, you can try filing a motion for partial reconsideration with the same prosecutor who rendered the resolution or to appeal therefrom to the DOJ. You have 15 days to do that.

You should also be aware that your neighbor might have a good defense in the criminal case for defamation. The Supreme Court has consistently ruled that "the expression "putang ina mo" is a common enough utterance in the dialect that is often employed, not really to slander but rather to express anger or displeasure. In fact, more often, it is just an expletive that punctuates one's expression of profanity."

In any case, your main concern is to be able to defend the criminal charge you are facing. I understand your predicament. It will be agonizing for you to see your neighbor getting acquitted. But it will be much worse if you, being the offended party, will be convicted for the criminal case filed by your neighbor.

thank you very much po! More power to this site.. Iba talga ang pinoy, always there to help...