Unlimited ba ang pagfile ng VAWC?

anonymous
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Unlimited po ba ang pagfile ng VAWC (Violence against women and children)? May anak sa labas po ang pinsan ko. Nag file po ng kaso ang nanay ng bata nung 2014. 2016 may probationary dismissal order na. Then March 2018 may dismissal order na talaga ang kaso. Katapusan ng March nag pa revive daw ang babae, nag harap sila sa court nung may nitong taon, tapos sabi ng judge permanently dismissed na daw. After po nung nagharap sila ng refile ang babae sa other branch same court. Ang tanong ko po, unlimitted po pala ang pag file ng case under VAWC? Hindi ba matatawag na double jeopardy kapag ng file ulit with same sanction?

 

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Jescelyn Del Rosario
is a Legal expert in the Philippines
Hindi naman po unlimited. Nakalimutan mong sabihin what was the basis for dismissing the complaint permanently. The filing of another complaint for the offense charged, or for any attempt to commit the same or frustration thereof, or for any offense which necessarily includes or is necessarily included in the offense charged in the former complaint or information will be barred by reason of double jeopardy. So your lawyer can file motion to dismiss on that basis.
anonymous
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Actually po, hindi pa alam ng pinsan ko na permanently dismissed na ang case, before po ng order ang judge, ngparevive po ang babae, then, nagharap sila. Nung bnabasa na ang case number, sabi ng judge permanently dismissed na daw yung case na yun, tuwang tuwa naman ang pinsan ko nung nlaman niya. Tapos, after po nung hearing na yun, doon na ngfile ang babae ng same case sa ibang branch. So yun po yung tanong ko, kung hindi pa matatawag na double jeopardy yung pag file niya ulit ng same case na ndismiss naman po yun unang finile niya.
anonymous
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Lumagpas na po sa two(2) years probationary period at hindi ngparevice yung complainant kaya ng issue ng permanently dissmisal order ang judge.

About the author

Jescelyn Del Rosario

Legal Services and Litigation works Philippine/Foreign Paralegal Works Graduated AB Political Science and Bachelor of Laws at University of San Jose Recoletos-Cebu Completed Lawyers Trial Academy Training sponsored by IBP Cebu Chapter AIT-DOST Scholar at Cebu Institute of Technology
Profession: Lawyer
MJ Del Rosario Law Office and Associates
Office Address: Block 19, lot 26-27, Deca Homes, Talisay
Philippines , Talisay , Cebu
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