Warrant of Arrest

Attys., ask lang po, umalis po ako ng pilipinas para magbakasyon dahil sa sobrang torture na dinanas ko ilang linggo na sa trabaho. 6am umaalis ako ng bahay namin para pumasok na sa opisina at 10pm na nakakauwi. Binibigyan kame ng deadline sa mga reports na bago lang nila hiningi na hindi na makatao sa haba ng oras sa pagtatrabaho. Sa madaling salita, isang araw hindi na ako pumasok dahil hindi ko na kinaya. Magpapasa sana ako ng resignation letter habang ako ay nasa abroad pero bago ko pa nagawa, napag-alaman ko na sa aking mga contacts na nag-issue ang company ko ng memo for AWOL at termination effect pag hindi ako sumipot or magpaliwanag. Napag-alaman ko rin na may criminal case na ginawa laban sa akin kaya nakakuha sila ng warrant of arrest. Effective lang ba ito sa pilipinas or pwede nila i-enforce abroad kung san ako naroroon? Natakot po kse akong harapin sila ng malaman ko at makompirma thru reliable sources na ganun nga ang ginawa ng aking company sa case ko. Paano po yung stay ko sa abroad, pag nag-renew ako ng passport sa embassy, pwede ba nilang i-reject yun at o-enforce yung warrant of arrest sa akin?

Did you file a leave? If you didn't, why didn't you notify your employer that you will be absent?

It depends on what country you are in, but still no, they cannot enforce it abroad. They have to extradite you back here first.

thanks atty. I did notify them the following day that I can not report to work bacause i am sick. our company auditors and lawyers, (because we are under audit that time) harassed me tremendously (questioning me even after office hours until dawn of the following day). they have been questioning me on a lot of transactions but I told them if they can just issue me a memo so I could answer all their questions and we go from there. but instead of letting that happen, they kept on digging up my files and did not allow me to go home to rest but only after 530am the following day. I felt that time that I am going to faint and baka later on ma-heart attack pa because of the trauma on what they did to me. I don't know if it's legal that they did that to me but after I left the office, naisip ko na baka may gawin pa sila sakin na mas masama like i-setup up nila ako with all of my transaction documents with them and me ending up in jail. that fear made me so sick that them requesting me to report to our head office a few hours later like 830am, Hindi ko nagawa. I informed them that I'm so sick because of the stress I've been through and I can't go to the office anymore. I was planning to send my resignation letter then but feared more of my life being in danger so I fled abroad. hoping that I'll get through with the trauma and be ready to face them. but these sleep things happened. they filed the case against me. qualified theft. what is the best thing to do now attorney?

How much ang claims nila na nawala? I doubt wala pa kayo sa preliminary investigation. Have you received a subpoena sa last known address?

You can post bail at the RTC where the case was filed but if the amount involve is higher than 220,000 pesos, then it is NON-Bailable. If arrest warrant is already out, they can file for an HDO or Hold Departure Order against you at the immigration.

While it's true that they cannot enforce the warrant in another country in the absence of an extradition treaty, they can somehow seek assistance from Interpol and flag you up with a red notice so you cannot go elsewhere.

if that would be the case atty., what is the best thing to do now? the amount is way way bigger than the maximum bailable amount. what will happen to me if I show up to them, they will put me to jail while naghe-hearing since it is not bailable?

The best thing to do now is to inquire at the clerk of court of the RTC where they have filed ur case, ask about the status of your case.

If it's non-bailable, then, you will stay in jail until the judge renders hi/her decision.

The burden of proof is on the other party, what documents do they have to say that you committed qualified theft? Did you fake receipts? Forge a signature? Or what? Remember that if you were found guilty for qualified theft, the penalty is lifetime imprisonment.

Atty., i have a feeling that those people in my office already managed to have evidences against me. I know that they have gathered enough documents that can incriminate me. I know that i have to go there and clear my name, but on the situation that i don't have any proof in my hand now and all my documents are in their possession and if i show up, i will be put in jail and i have a lesser chance of defending myself now. Do you mean, i have no other option if i show up but to go to jail?

You may actually send a lawyer/resentative/relative to the clerk of court to really determine the status of your case. As a matter of fact, you must have a copy of the complaint and the prosecutor's office should have given you the chance to file your counter-affidavit. You must also obtain a copy of the resolution from the prosecutor's office. Personally, I really doubt that there is already a warrant out there. Remember that qualified theft is a public offense, and once it is already brought to court for trial, it will be addressed to your name _____ VS. The People of the Republic of the Philippines. And the prosecutor shall act as the lawyer of your previous company.

While you are out of the country, they can't really touch you so it's better to have others inquire about your case to have people work on the ground, otherwise, the court will order the cancellation of your passport and worse they would order for your deportation. May I know which country? Coz if it's within Asia, the chances are very high since the Philippines have entered into extradition treaties.

I will be in hawaii next week atty. Right now i am in california.

Based on previous records, the US-PH extradition treaty strongly exists, the two nations have bilaterally agreed in terms of enforcements of laws and upon the receipt of a formal request by either country, they shall turn you over. So expect that a warrant in your home country will also apply to US. What you need now is a legal counsel before everything blows out of proportion.

thanks atty. what if i go to a country now where there is no extradition treaty with the Philippines? I feel that I need to do that for me to prepare for my defense.

The best thing to do now is to inquire at the clerk of court of the RTC where they have filed ur case, ask about the status of your case.

If it's non-bailable, then, you will stay in jail until the judge renders hi/her decision.

Sir Advocado,

I would like to inquire, mga how long po magrerender ng days na nakakulong while waiting po sa decision?

thanks po.