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Company Representative based on board resolution is not attending

2 posters

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Jin


Arresto Mayor

Good day atty.

I just want to ask something about my case. A company filed a criminal case againts me and it's now on MTC. So meron representative ang company na haharap sa court base sa board resolution ng company n nagsasabi kung sino ang kanilang representative. Dalawang hearing na po ang ngdadaan una po yng arraingment then yng sunod n hearing hindi ko sure kung ano po tawag. Tapos may scheduled 3rd hearing po. Sa mga nagdaan na hearing ay hindi sumipot yung representative n nakalagay sa board resolution n binigay ng company. Wala pa po bng reason para ma-Dismiss yung kaso?

Thanks in advance
Jin

attyLLL


moderator

you can ask for provisional dismissal but the case can be revived within 1-2 years. or you can wait 3-5 hearings where the prosecutor fails to present a witness so it can be dismissed permanently.

https://www.facebook.com/BPOEmployeeAdvocate/

Jin


Arresto Mayor

attyLLL wrote: you can wait 3-5 hearings where the prosecutor fails to present a witness so it can be dismissed permanently.

thanks atty. for that info, but i just need verification on some part, what if the witness attended the trial but the representative of the company based on the board resolution did not attend? or will not attend at all because he already resigned.

and second thing is that i know that they can get another representative using that board resolution but up to now they are not doing it. so as I understand as accused i have the right to see my complainant during trial. am i right on this part atty?

thanks in advance
jin

attyLLL


moderator

ahh, the representative doesn't have to be at every hearing. the right your mention, to confront the witnesses against him, is exercised through your right to cross-examine them

https://www.facebook.com/BPOEmployeeAdvocate/

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