Legal Question in Criminal Law in Philippines

Good morning sir! I will keep this as short as possible. I was recently detaind on charges of child abuse 7610 and unjust vexation. The judge on reading the charge dismissed the child abuse charges (before even getting to trial). The vexation charges still stand. My question is this. Under paragraph 2 article 287 of the revised penal code it states that vexation is any human conduct which could unjustifiably annoy or vex an innocent person causing irritation,distress,torment or disturbance in the mind of the person it was directed at.I believe that being accused of child abuse (which was dismissed) falls under the description of vexation.Am I within my right to file charges against the person/people involved for vexation plus for filing unsubstantiated malicious allegations? Your response will be much appreciated.

regards Shane


Asked on 11/11/12, 7:33 pm

1 Answer from Attorneys

VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE

If you were acquitted on the basis that you did not commit an offense then you can file a perjury case and malicious prosecution. I think this is the second time that I answered this question.

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Answered on 11/14/12, 2:24 am


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