Last night, my 2 elder sisters and I were busy trying to retrieve this video "Ang napapala ng makapal ang mukhang kabit" by Elizandra Ramboyong. My sisters and I were amazed of how stupid she was to upload this video wherein she relentlessly injured physically this girl whom she called the mistress of her husband. She mentioned in one of her posts that the girl's name is Cheska Luna.
There were copies of the video in Facebook and Youtube yesterday morning. However, at around 5pm yesterday, we were surprised, the posts in Facebook with that video were gone. The Youtube videos were also gone.
We tried to retrieve the temporary internet files about the video, but to no avail.
Well, good thing some people were able to save it, and managed to share it on Facebook again, and Youtube again. We were lucky enough to save an mp4 version of this video to our local computer.
Our (my eldest sister's, my elder sister's, my cousin's, and mine) reactions to the video were basically, I can say, the same. We are for "Cheska Luna", and we condemn the acts of "Elizandra Ramboyong" or "Toho" or "Molina" and her "mal-educada" attitude.
It seemed like Elizandra Ramboyong was so proud of what she did. Physically hurting a woman, whom she called "kabit" or "mistress of her husband" in front of people in Market Market mall made her proud.
Elizandra said "magkademandahan na tayo rito ha!". She was so proud to shout that out. She has no evidence of any criminal act on the part of the mistress. She has no evidence of concubinage on the part of the husband and the so called "mistress". Under the Revised Penal Code, Article 334, a husband would be liable for concubinage if he (1) Shall keep a mistress in the conjugal dwelling, (2) Shall have sexual intercourse with her under scandalous circumstances, and (3) Cohabit with her in any other place. None of these mentioned elements was shown to be existing.
Elizandra can not even use the law "Anti-Violence against Women and their Children" (Anti-VAWC) Law against the "kabit". The "kabit" was not doing anything against Elizandra when she outrageously attacked her. However, if she likes, she could file a case against her husband based on the Anti-VAWC Law.
I feel sorry for Elizandra Ramboyong for losing the love of her husband, but I give my sympathy to Cheska Luna. Eventhough Elizandra is legally married to her husband, and her husband's attention was shifted to Cheska, that still did not give Elizandra the right to physically hurt Cheska Luna.
In my own opinion, she should have confronted her husband, not the mistress.
Now, with the evidence video, Cheska Luna could win if she files a case against Elizandra Ramboyong. It could be Physical Injuries, or Frustrated Homicide or Frustrated Murder, depending on the circumstances. Under the Revised Penal Code:
Art. 263. Serious physical injuries. — Any person who shall wound, beat, or assault another, shall be guilty of the crime of serious physical injuries...
Art. 248. Murder. — Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder and shall be punished by reclusion temporal in its maximum period to death, if committed with any of the following attendant circumstances:
1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity.
2. In consideration of a price, reward, or promise.
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin.
4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.
Art. 249. Homicide. — Any person who, not falling within the provisions of Article 246, shall kill another without the attendance of any of the circumstances enumerated in the next preceding article, shall be deemed guilty of homicide and be punished by reclusion temporal.
Cheskla Luna could also file a case against Elizandra's companions. The ones who helped Elizandra Ramboyong could be liable as accessories to the crime committed.
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