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Pero kidding aside, the statement of facts is seriously lacking in details. Ano ba talaga ang dahilan at ini-stalk siya ng girl? Talaga bang type lang siyang guluhin? Baka naman nabuntis niya at hinahabol siya ngayon? These must be answered first.

yep. i asked ng kung anung qualification nung bugging e. la na reply

Pangit siguro ang girl kaya asar siya. Hehe.

mukha nga.

there are only a few literature on writ of amparo, pero i think covered yung case nung nag-post nito. sa writ of amparo kasi, pwede sya humingi ng protection order pag me threat on his life, liberty or security. this may unexplored, but malay mo, pwede.

However, you can't get a protection order to protect yourself and your family from a lady stalker. It is reserved for women and children. :thumbsdownsmiley:

:thumbsdownsmiley: yep, bias yung VAWC. :thumbsdownsmiley: i guess he has to stalk her back and dress up like a girl. hehehe.

question? what's the counterpart for the male specie of the 9262? what if i want a certain girl not bugging me and my family?

it depends on how you would qualify bugging i.e. threats, etc.. the acts done would constitute the offense. but just the same, unjust vexation would be the baseline felony

Since the case is covered by the Rules on Summary Procedure (coz it is Slight Phys. Injuries), you can go anytime to the Court before the scheduled date and time of hearing and secure photocopies of the Complaint-affidavit executed by the complainant, affidavit of his/her witnesses (if any), medical certificate, Information and Resolutio0n issued by the Prosecutors Office. Bring this to your lawyer, if u already engaged one so that he can draft your counter-affidavit and affidavits of your witnesses, if any. If u don't have a lawyer or if u cannot afford to secure the services of a private lawyer, go to the Public Attorneys' Office (PAO). Its office is usually in the same building where the Court is. Request for their assistance.

thanks po

No, no. You got it mixed-up bro. The procedure is like this:

1. Complainant goes to the Barangay to file a complaint before the Lupon Tagapamayapa. Hearings (at least 3) will be held there. The 60-day period stops running during the time na pending sa Barangay ang case. If no settlement is reaqched, the Certificate to File Acdtion in Court is issued by the Barangay Lupon.

 

2. Armed with that certificate, complainant goes to the Prosecutors Office (piskalya) to file his complaint affidavit and affidavit of his witnesses. His evidences will also be filed there.

 

3.If the complaint falls under the Rules on Summary Procedure (like Slight Phys. Injuries), the Prosecutor (piskal) may or may not call for a hearing. If he needs clarification, ipapatawag niya by subpoena ang Respondent. If he thinks the complaint and supporting documents are sufficient, he may even issue the Resolution recommeding the complaint to be filed in Court WITH THE INFORMATION ATTACHED to his Resolution. The Resolution and the Information are two separate documents.

 

4. Once the Information is filed in Court, the judge will issue a subpoena notifying the Respondent (who by now will be referred to as the Accused) of the date and time of hearing. Only then can the Accused get a copy of the complaint and other docs filed by the Complaiant.

 

NOTE: in (3) above, if the Respondent is lucky that the Prosecutor did not resort to direct filing but instead subpoenaed the Respondent and Complainant for a hearing, the Respondent will also have the chance to secure copies of the Complaint and evidences of the Complainant. Does this clarify matters? Just pm me if not. Regards!

 

clear. thanks bro. what keeps me wondring is that the respondent received only a resolution and noty information. now, the MTC sent a subpoena but no attachments whatsoever. now what is the recourse of the respondent?

A Slight Physical Injury case is covered by the Rules on Summary Procedure which should be filed before the Court within 60 days from the time it occurred. Of course, hindi counted sa running ng 60-day period ang time na na-pending ito sa Barangay Lupon and the time na na-pending ito sa Prosecutors' Office. At any rate, a Respondent cannot question if he was not notified by the Prosecutors' Office coz this kind of case may be filed directly. Also, in cases covered by the Rules on Summary Procedure, a Respondent is not entitled to a Preliminary Investigation at the Prosecutors' Office.

 

If you were not properly identified, then I will suggest that you proceed to trial and use this as a defense. An Accused who is not properly identified is entitled to an acquittal on the ground of failure to prove guilt beyond reasonable doubt (Obviously, if the complainant or his witnesses cannot identify you properly, there is doubt. Right?)

oks. thanks. is the resolution of the prosecutor considered by the court as a replacement of the information? the summons sent by the MTC merely notifies the respondent that there is a hearing of the case filed against him on a certain date. no attachements. nevertheless, the respondent was sent a copy of the resolution by the prosecutor. in summary procedure, wala na bang information? sufficient na ang resolution for the court to have jurisdiction? assuming na same lang sila, is it proper for the court to send summons without the accompanying resolution? di ba dapat i furnish rin so that the respondent could be appraised of the nature and cause against him?

question po. if the summons from the prosecutor were not received by the respondent as the respondent is erroneously identified, thereafter, the crim case was resolved by the prosecutor on the basis of the complaint, does the respondent have any recourse now that the case is pending in court? what is the time frame for the filing of the case in court if the case is slight physical injuries (two counts)

meron na po bang jurisprudence laying down the details regarding visitation rights? i mean, anu ba ang extent nito? me hard and fast rule ba regarding this?