Thursday, September 22, 2011

Let's Start Suing

How many of us felt violated in some point and we let it go because we felt that it is a waste of time? well is it a waste of time? The true reason why we forgo with the filing is because we really do not know how to file this cases. How many of us know how to file a simple Slight Physical Injury case?

well here's how.

Step 1:  Immediately after the incident, go to the nearest Hospital to get you checked. this will be the stage wherein we will be able to determine the degree or seriousness of the physical injury we can file against your opponent.

The attending physician will give you a Medical certificate, learn to browse the medical certificate and find the space indicated as "Duration" most if the injury is minor it will indicate  less than <9 days. it means the case we can file is Slight Physical Injury. Refer to Article 263 to 266 of the revised penal code for cases wherein the injury is more than 9 days.

Step 2: Go to the Nearest barangay or police station and have the incident entered into their log or commonly and popularly known as the "blotter"

Note; if you are expecting that the barangay or police will go out and arrest your  opponent, well you are mistaken because the authorities are prohibited to do so because there is no instance of a warrantless arrest under rule 113 section 5 of the revised rules of court.

Note further that if you and your opponent live within the same barangay, the barangay will take cognizance of the case and if after a few hearing and no settlement was reached you can ask for the issuance of a "Certificate to File Action"

Step 3; Armed with your blotters, medical certificate and the certificate to file action ask someone preferably a lawyer to prepare a Complaint Affidavit.

Step 4: File the compliant affidavit with the prosecutor's office in your city or municipality.

from there the proceedings will ooze you up the stream so to speak and your off to go to the messy world of litigation.

remember pursue your right otherwise you'll end p having none.

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