C: Good morning, Attorney! L: Good morning! Please sit down. You’ve spoke with my assistant yesterday right? C: Yes attorney. We talked yesterday. He ask for some of my personal details. We also agreed about the fees attorney. L: Ok that’s good. Let me just read some of it. So you’re Eloisa Talosig. 24 years old. From Caggay, Tuguegarao City. And you are an engineer? Right? C: Yes attorney. L: Okay Please tell me what happened. C: I have this ex-boyfriend, his name is Jettross Peñera. He is an engineer. We broke up last month but he seemed to have not moved on until now. He kept on texting me, chatting, and calling me but I did not reply nor answer any of his calls. Last night, around 11, I heard a loud continuous shatter outside our house. I was shocked seeing him smashing the windows of my car using a baseball bat. I shouted at him to stop and when he saw me. He immediately climbed over our fence and then ran away. L: Are you sure about his identity? Are you sure that the man you saw was really this Jettross? C: Yes attorney. I’m 100 percent sure. L: By the way, who’s with you when the incident happened? C: My parents are with me. They slept in another room. They only woke up when they heard me shouting. L: Were they able to see the incident? C: No, Jett was already gone when they got out. L: Did your neighbors see the incident? Do you have a CCTV footage to back up your claim? C: Unfortunately, none of my neighbors saw the incident atty. But I have a CCTV footage showing Jett climbing our gate. [Pero di nakuhanan ung pagpalo ng sasakyan ko(Englisin mo nga haha)] L: It’s okay. At least we have something to back up your testimony. You know this Jett for how many years?(ilagay mo tamang English) And where is he from? C: I’ve known him since high school. We’re classmate in one subject. He’s also from Caggay attorney. L: Is he a good guy? How was your relationship with him? Tell me more about him.
C: He is a good guy attorney. He has a lot of friends. He is kind to me and my parents. Our relationship is good at the start but it didn’t go well because we have different priorities in life. It got worse over time. We broke up but he beg me to give him one more chance so I gave him what he wanted. But it didn’t work for us so I decided to end our relationship. I think it’s hard for him to accept my decision. L: Before that incident, would you think he can do that thing? C: No attorney, I never realized that he will do such evil thing. But he did attorney. (Crying with tears) L: When was your last conversation? C: Last week attorney. L: And how was it? C: He beg me to come back to him. I refused. He cursed me attorney. L: What specific statements did he say to you? C: He said “Ukininam! (Ilocano ng=Pagsisisihan mo na iniwanan mo ko) Lintik lang ang walang ganti” L: Your conversation with him, is this through text or call? C: Thru text attorney. L: That’s good. Just keep that message. We can use that against him. By the way, were you able to report this to the Barangay Office or to the police station? C: No attorney. Nothing will happen if I report this to the barangay or to the police station. I want to file a case attorney. I’m here because I believe in you attorney. I heard you’re the best attorney in the city. L: Ehmmm hahahaha. No need for flattering words haha. It seems that he intended to revenge. Those text messages will prove that he has the intention to revenge in anyway. It may fall to malicious mischief. C: What is malicious mischief attorney? L: Malicious mischief is defined as the willful damaging of another’s property for the sake of causing damage due to hate, revenge or other evil motive. To successfully make a person liable for malicious mischief, the following elements must be proved: 1) that the offender deliberately caused damage to the property of another; 2) that such act does not constitute arson or other crimes involving destruction; 3) that the act of damaging another’s property be committed merely for the sake of damaging it. All three elements are present in this case. But we cannot file a case yet.
C: Why attorney? L: The first thing you need to do is to file a complaint in the barangay. You can also back up your complaint by showing the cctv footage and his text messages. Ask for compensation for the damages. C: What if he didn’t act on my terms attorney? L: That’s the time that we can file a case in court. If you’re not able to settle the case in your barangay then the barangay will issue a Certificate to File Action. We will use that certificate as the basis of our filing. So I advise you to settle this first in your barangay. C: Can I ask for you to assist me in filing my complaint in the barangay? L: No need. You can go directly in your barangay and file a complaint. You don’t need an attorney in filling in a complaint in your barangay. C: If we could only file a case as soon as possible. L: No, we need to follow that procedure. C: Okay attorney, I trust you. Thank you. By the way attorney, how much do I owe you? L: No no no. No need. That would be free of charge. Just do that first then we can talk about that in the actual filing of the case in court. C: Thank you so much attorney. Godbless L: No problem.