Physical Assault In The Philippines In Wake

State:
Multi-State
County:
Wake
Control #:
US-000298
Format:
Word; 
Rich Text
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Description

The document is a Second Amended Complaint filed in the Circuit Court, aimed at recovering actual and punitive damages for gross negligence and assault stemming from an incident involving a physical therapist in the Philippines. The form outlines the identities of the plaintiff and defendants, including a corporation and its employee, setting the stage for legal action. Key features include detailing the circumstances of the alleged assault during a physical therapy session, where the plaintiff suffered a serious injury requiring surgery and resulting in long-term physical and emotional consequences. It highlights the entitlement to damages due to the defendants' actions and mentions related insurance issues. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants who need to represent clients affected by physical assault. It helps them to clearly define the basis of the claim, articulate damages, and ensure proper procedural steps are followed in litigation.

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FAQ

Serious Physical Injuries: If the injuries result in permanent incapacity, loss of a limb, or require more than 30 days of medical treatment, the punishment is prisión correccional or imprisonment from 6 months and 1 day to 6 years.

The penalty for assault and battery depends on the classification of the injuries: Serious Physical Injuries: If the injuries incapacitate the victim for more than 30 days or cause permanent disfigurement, the accused may face imprisonment ranging from 6 months to 6 years, depending on the circumstances.

Physical assault is when an individual or a group attacks a person physically, with or without the use of a weapon, or threatens to hurt that person. It can include scratching, pushing, kicking, punching, throwing things, using weapons or physically restraining another person.

Examples: Assault, battery, robbery, mugging, stalking, harassment. Military sexual trauma (MST) is a subset of personal trauma and refers to sexual harassment, sexual assault, or rape that occurs during military service.

Types of assault Common assault: when someone uses force, such as pushing or slapping, or makes threats of violence. (This doesn't have to involve physical violence.) Actual bodily harm (ABH): when someone is hurt or injured as a result of an assault.

By arresto menor or a fine not exceeding Forty thousand pesos (₱40,000) and censure when the offender has caused physical injuries which do not prevent the offended party from engaging in his habitual work nor require medical assistance.

Physical assault is when an individual or a group attacks a person physically, with or without the use of a weapon, or threatens to hurt that person. It can include scratching, pushing, kicking, punching, throwing things, using weapons or physically restraining another person.

The primary statute addressing domestic violence in the Philippines is Republic Act No. 9262 or the Anti-Violence Against Women and Their Children Act of 2004 ("VAWC Act") and its Implementing Rules and Regulations (IRR).

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Physical Assault In The Philippines In Wake