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Payment to Drop Case

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1 Payment to Drop Case on Tue Jun 26, 2018 7:03 am

Mike M


Arresto Menor
My wife’s brother has been charged with rape and kidnapping his apparent former girlfriend. We live in the US and I have no idea about the merits of the case one way or the other. Seems like it’s her word against his and I don’t know who to believe.

However, the alleged victim offered to not continue to press charges if she’s payed a sum of money. Is this something that can be legally arranged in the Philippines and is it enforceable? How can we be assured she doesn’t change her mind after she is paid or ask for more money? Can the prosecutor still press charges even without her testimony? We just want to make sure what we’re being asked to do is both legal and not a scam. Salamat.

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2 Re: Payment to Drop Case on Fri Jul 13, 2018 9:12 am

mmcab


Arresto Menor
If she changes her mind, she can still file a complaint-affidavit with the office of the prosecutor. There's really no assurance or guaranty.

And yes, even without the testimony of the complainant, IF the complaint-affidavit is sufficient in form and substance, i.e., elements of the said crimes have been sufficiently established, the prosecutor could still resolve the case against your wife's brother.

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