legal Free Legal Advice

[Fitzroy]

What has happened? Why has the niece suddenly decided to file a case for Rape after 15 years of living with his uncle? Unfortunately, the prescriptive period for Rape is 20 years. Moreover, Republic Act No. 8353 (the Anti-Rape Law of 1997) considers only a subsequent marriage between the man and the woman as the valid form of condonation of the crime. The failure of the woman to assert her claim for 15 years is a matter that the court will have to consider (laches - the failure to assert a claim for an unreasonable period of time), but there is no guarantee that it will be accepted as a valid defense. It will depend on the discretion of the judge and the explanation of the woman.

 

I think the Fiscal can file a case for Rape in court. It is sufficient for a woman to claim she was raped for a case to be filed. There is probable cause. Laches is an issue addressed to the judge, not the Fiscal. Medical evidence is only corroborative. It is not absolutely necessary for conviction. Accordingly, the testimony of the woman can stand on its own for conviction. Furthermore, you state that the accusation is actually true. I think there will be a trial and your friend will be arrested since Rape is a non-bailable offense. However, the question of whether he will be convicted is another matter....

 

i think its because she wanted money from my friend. You see, they are both foreigners. My friend is a legal alien while the woman isn't. This woman wanted to go back to her home country so she says ( i don't believe her). She was taken cared of by my friend and even his family at was treated as one of their own (his family didn't know of the incident only until last year).

 

This is what transpired over the last 3 weeks:

 

She stole my friend's papers last week (passport, ACR for immigration, etc.) So they(my friend and his family) filed a blotter for the police about the matter. After 3 days, here she comes to another police station with a complaint about the rape.

 

My friend was illegally arrested by some policemen from that station for interrogation. Good thing my friend has friends in high places. Within that day, they made an agreement with the victim that they will take care of her financial needs to be able to go back home, but still looked unsatisfied.

The next day, an immigration guy calls my friend's daughter and told her to meet up with him outside imigration office because he has a case against my friend. They agreed to meet up and surprisingly, my friend's niece was with him. After talking to him, we concluded that the immigration officer only wanted money from my friend (he wanted a cut from the woman's expected money).

 

My next question is this: Can an immigration officer handle criminal cases of a foreigner? Or is it the local police's job?

 

pls help me on this guys. I appreciate all the valuable tips i've gotten out of this thread.

[SamanthaJones]

Hi. I just wanna ask for your legal opinion regarding my situation. I've a kid born out wedlock. The thing is the guy doesn't provide support and in fact has sired another child by another woman that he left again. The girl(since we're friends now) told me to demand for support like what she did, but they only had an out of court settlement intead and the guy agreed to give 8k/month for their kid. (When i met him, i didn't know that he was married and had 1 kid with her wife).He had aknowledge their kid and that's where my problem lies, he never aknowledge my kid and i from what i know it would be easier for me to demand for support. I was also told i he denies the kid then DNA testing would be needed but he can't be compelled to do that, is that true? Is there anyway that we can have him sent to jail for violence againts women since he seems to have a nasty habit of getting women pregnant and leaving them like crap? What options do i have at this point? Thanks a lot in advance.

[moed]

i think its because she wanted money from my friend. You see, they are both foreigners. My friend is a legal alien while the woman isn't. This woman wanted to go back to her home country so she says ( i don't believe her). She was taken cared of by my friend and even his family at was treated as one of their own (his family didn't know of the incident only until last year).

 

This is what transpired over the last 3 weeks:

 

She stole my friend's papers last week (passport, ACR for immigration, etc.) So they(my friend and his family) filed a blotter for the police about the matter. After 3 days, here she comes to another police station with a complaint about the rape.

 

My friend was illegally arrested by some policemen from that station for interrogation. Good thing my friend has friends in high places. Within that day, they made an agreement with the victim that they will take care of her financial needs to be able to go back home, but still looked unsatisfied.

The next day, an immigration guy calls my friend's daughter and told her to meet up with him outside imigration office because he has a case against my friend. They agreed to meet up and surprisingly, my friend's niece was with him. After talking to him, we concluded that the immigration officer only wanted money from my friend (he wanted a cut from the woman's expected money).

 

My next question is this: Can an immigration officer handle criminal cases of a foreigner? Or is it the local police's job?

 

pls help me on this guys. I appreciate all the valuable tips i've gotten out of this thread.

 

If this alleged rape took place in their own country, no Philippine court or agency would have jurisdiction over the alleged crime, so he cannot be charged and tried here.

[mlpf]

My next question is this: Can an immigration officer handle criminal cases of a foreigner? Or is it the local police's job?

 

If the alleged rape took place within the Philippines, this is a job of the police. The police can assist the woman in filing a complaint with the Fiscal's Office. The immigration officer has no business interfering. Criminal cases are outside his jurisdiction. If there is indeed a case filed against your friend before the Bureau of Immigration, wait for the subpoena. If there is an attempt to extort money, arrange an entrapment operation before the NBI or the police. Your friend can also try to gain leverage by reporting the woman as an illegal alien to the Bureau of Immigration. If she is deported, there is no case.

[mlpf]

Hi. I just wanna ask for your legal opinion regarding my situation. I've a kid born out wedlock. The thing is the guy doesn't provide support and in fact has sired another child by another woman that he left again. The girl(since we're friends now) told me to demand for support like what she did, but they only had an out of court settlement intead and the guy agreed to give 8k/month for their kid. (When i met him, i didn't know that he was married and had 1 kid with her wife).He had aknowledge their kid and that's where my problem lies, he never aknowledge my kid and i from what i know it would be easier for me to demand for support. I was also told i he denies the kid then DNA testing would be needed but he can't be compelled to do that, is that true? Is there anyway that we can have him sent to jail for violence againts women since he seems to have a nasty habit of getting women pregnant and leaving them like crap? What options do i have at this point? Thanks a lot in advance.

 

File a civil case for acknowledgment of paternity and support in court. The court has the power to order DNA tests. If you have any photos or letters from the guy where it seems that he acknowledges that your child is his, you can use that. At this point, criminal cases for Violation of Republic Act No. 9262 (Violence against Women and their Children) as well as for Republic Act No. 7610 (child abuse) are premature.

 

Let me cite the recent case of Manny Paquiao. A woman filed last year a criminal case against Paquiao before the Fiscal's Office for Violation of Republic Act No. 9262. The woman claims that Paquiao failed to support her and their alleged love child. The complaint was dismissed for Paquiao denied that the child is his. Moreover, the Fiscal did not have the power to order DNA tests. The complainant was advised to first go to court and file a case for acknowledgment and support.

Edited May 11, 2008 by mlpf

[SamanthaJones]

File a civil case for acknowledgment of paternity and support in court. The court has the power to order DNA tests. If you have any photos or letters from the guy where it seems that he acknowledges that your child is his, you can use that. At this point, criminal cases for Violation of Republic Act No. 9262 (Violence against Women and their Children) as well as for Republic Act No. 7610 (child abuse) are premature.

 

Let me cite the recent case of Manny Paquiao. A woman filed last year a criminal case against Paquiao before the Fiscal's Office for Violation of Republic Act No. 9262. The woman claims that Paquiao failed to support her and their alleged love child. The complaint was dismissed for Paquiao denied that the child is his. Moreover, the Fiscal did not have the power to order DNA tests. The complainant was advised to first go to court and file a case for acknowledgment and support.

 

Thanks for the advice. I don't have any written document or photos showing that he's owning the kid. Although, the last woman she lived with knows for a fact the kid's his. He even said that he will never sign any paper to acknowledge the kid. Where should the case be filed?

[SamanthaJones]

File a civil case for acknowledgment of paternity and support in court. The court has the power to order DNA tests. If you have any photos or letters from the guy where it seems that he acknowledges that your child is his, you can use that. At this point, criminal cases for Violation of Republic Act No. 9262 (Violence against Women and their Children) as well as for Republic Act No. 7610 (child abuse) are premature.

 

Let me cite the recent case of Manny Paquiao. A woman filed last year a criminal case against Paquiao before the Fiscal's Office for Violation of Republic Act No. 9262. The woman claims that Paquiao failed to support her and their alleged love child. The complaint was dismissed for Paquiao denied that the child is his. Moreover, the Fiscal did not have the power to order DNA tests. The complainant was advised to first go to court and file a case for acknowledgment and support.

 

Thanks for the advice. I don't have any written document or photos showing that he's owning the kid. Although, the last woman she lived with knows for a fact the kid's his. He even said that he will never sign any paper to acknowledge the kid. Where should the case be filed?

[mlpf]

Thanks for the advice. I don't have any written document or photos showing that he's owning the kid. Although, the last woman she lived with knows for a fact the kid's his. He even said that he will never sign any paper to acknowledge the kid. Where should the case be filed?

 

File the case at the Regional Trial Court (Family Court). You have two options: file at the court of the city where you reside or where the guy resides.

[SamanthaJones]

File the case at the Regional Trial Court (Family Court). You have two options: file at the court of the city where you reside or where the guy resides.

 

 

Does his former live-in's testimony would stand in court?

[Fitzroy]

If the alleged rape took place within the Philippines, this is a job of the police. The police can assist the woman in filing a complaint with the Fiscal's Office. The immigration officer has no business interfering. Criminal cases are outside his jurisdiction. If there is indeed a case filed against your friend before the Bureau of Immigration, wait for the subpoena. If there is an attempt to extort money, arrange an entrapment operation before the NBI or the police. Your friend can also try to gain leverage by reporting the woman as an illegal alien to the Bureau of Immigration. If she is deported, there is no case.

Thanx for the help. My friend will certainly like this

[b_9904]

I think there are some differences between bonuses and incentives but, as a whole, they are similar and used interchangeably. Contracts can always be challenged in court but it may be an uphill battle since you agreed to its provisions when you signed it and courts will not easily allow you to set that aside.

 

thanks dude...

[legalavatar]

Does his former live-in's testimony would stand in court?

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The testimony of the live-in partner cannot be used as proof of filiation or paternity. At most it can be considered as hearsay and will not be allowed in court. At best, a DNA test can be requested through the courts and this will be definite proof of paternity.

 

I do suggest that you also fight to have your child acknowledged as his illegitimate son. At least he would gain the right to inherit from the father as well as the right to support.

 

Good luck.

[legalavatar]

p.s. how come everything in MTC looks so different? it appears that the policies have been strictly enforced :-( please correct me if i'm wrong...

 

cheers everyone!

[legalavatar]

sup guys?

 

i wanna ask about a friend's problem:

 

He is being accused of rape by his niece (now 30 years old) and said it happened more or less 15 years ago, but still stayed with him until just last month. So my friend practically shouldered all that his niece needed to live. She was not maltreated in anyway by his family but was treated as one of them. Considering this accusation is true, what are the odds of my friend getting put behind bars? The woman has had already been with a boyfriend, probably also engaging in sexual activities. I need you professional opinion please help me out here. Thanks a lot guys

 

Sorry if the reply is belated. It will be very hard to prove the rape. Let the woman sue. Counter-sue for perjury if she files a case. Chances are, all evidences would be been lost by the lapse of such time. Thus, you can tell the fiscal that the woman is merely lying or filing a harassment or vengeance suit against you. For that reason, you may sue for perjury because, from all angles, the story of the woman is really hard to believe.

 

By the way, why do you say that "considering this accusation is true"?

 

 

In any case, it would also be very hard to convince the judge that the accused is guilty beyond reasonable doubt, given the length of time of filing, the age of the alleged victim, etc.

 

 

Assuming for the sake of argument that the accusation is true, since the alleged crime took place 15 years ago (1993) applicable law is NOT the current Anti-Rape Law of 1997 but the original provisions of the revised penal code on rape (which considers rape as a crime against chastity and hence provisions on pardon or forgiveness by the offended party still applicable).

 

Therefore, it may be argued that given the length of time and the fact that the offended party stayed with the alleged offender and even allowed the latter to provide for her welfare and needs, pardon and forgiveness have clearly set in. If she had not pardoned the offender, then she would have merely left the house and reported the matter to the authorities.

 

This pardon or forgiveness would effectively BAR the filing of the criminal case for rape.

 

Best case -- consult a lawyer....

 

Good luck and tell him not to worry

[mlpf]

Assuming for the sake of argument that the accusation is true, since the alleged crime took place 15 years ago (1993) applicable law is NOT the current Anti-Rape Law of 1997 but the original provisions of the revised penal code on rape (which considers rape as a crime against chastity and hence provisions on pardon or forgiveness by the offended party still applicable).

 

Therefore, it may be argued that given the length of time and the fact that the offended party stayed with the alleged offender and even allowed the latter to provide for her welfare and needs, pardon and forgiveness have clearly set in. If she had not pardoned the offender, then she would have merely left the house and reported the matter to the authorities.

 

This pardon or forgiveness would effectively BAR the filing of the criminal case for rape.

 

I stand corrected. The applicable provision is not Republic Act No. 8353, but Article 344 of the Revised Penal Code.

 

Article 344 provides for the extinction of criminal liability in private crimes. It mentions two modes: pardon and marriage, which when validly and timely made, result in the total extinction of criminal liability of the offender. The pardon in private crimes must be made before the institution of the criminal action. In adultery and concubinage, the pardon may be express or implied while in seduction, abduction, rape and acts of lasciviousness, the pardon must be express. In all cases, the pardon must come prior to the institution of the criminal action. After the case has been filed in court, any pardon made by the private complainant, whether by sworn statement or on the witness stand, cannot extinguish criminal liability. The only act that extinguishes the penal action and the penalty that may have been imposed is the marriage between the offender and the offended party (Alonte v. Savellano, G.R. No. 131652 March 9, 1998).

 

I maintain that the filing of a Rape case is not barred since the pardon in this case is only implied. Only an "affidavit of desistance" can be considered as an express pardon. It is the discretion of the Fiscal to file a case since his mandate is only to determine probable cause. He may file despite the long delay or he may dismiss since the long delay in filing a case, if not properly explained, affects her credibility.