qualified theft/estafa

i posted this last february 10, 2012..

atty. regarding this case again. my friend was already in their town, and he is willing to surrender now, but in his case was "NO BAIL" issued to him by the prosecutor, the compromised agreement on both parties will be soon,although the case is still in archived, he wanted to know if HE SURRENDER THIS MONTH OR NEXT MONTH, does it possible in order of the court to issue him a temporarily liberty?because the arraingment of the case is on going, of course he will go to jail, he wanted also to know if the arraingment is on-going , is he stay in jail for a month?or should say more than..

kasi atty. i se-settle na nila yung amount na 238,000 due to installment for atleast 1 1/2 year..kaya kahit na nasa kulungan na siya in case, makakalabas din ba siya kaagad?


.....july 07, 2012...

good day.. atty. payment thru installment has been made outside the court, there is no need to go to jail in this kind of situation? and an agreement has done, notarized by atty. and the complainant itself.however it is done outside the court, upon full payment, that would be the time the complainant could now render a letter of dessistance..atty. ask ko lang po, tutal hindi naman na interesado yung complainant kasi nagbabayad naman yung friend ko monthly..pwede ba siyang lumabas o magpakita , baka kasi hulihin siya ng warrant officer kasi hindi pa dumaan sa korte yung agreement nila.pero may na notarized na compromised agreement dun..wait your response.thank you.

if there is a pending warrant of arrest, then he can be arrested anytime

paano yun atty. nung atty ng friend ko e nakausap niya yung arrest officer at nagkaroon ng usapan na hindi na huhulihin yung friend ko in case na makita siya, sabi ng atty nia e, basta hindi daw nag fa-follow-up yung complainant e puede..pero nag aalangan talaga yung friend ko kasi walang assurance yun.unless na may letter of dessistance di po ba?salamat po ng marami.

indeed there is no likelihood that there is any manhunt for him. but as long as the warrant is out there, he can be arrested anytime.

Hi. Gud eve. I would like 2 seek advice. I filed my resignation june 1 2012 w/ effectivity on august 31. I change the date to july 31 and was approved. My new employer required me to start w/ them july 16 so i no longer report to work last july 12 and 13 and sent an email to my previous employer today that i will no longer repret to work and that the new effectivity is july 15. I sent my cousin to return some cash on hand and receipts only to find out that they will be filing a stafa case on my end. Do they have grounds on filing stafa if all the receipt and cash was returned? Also they said they will be filing damages case? Is it legal? The law requires only a month notice right? I was not able to make a proper turnover though because the whole month of june thy are not yet decided who to take my place. The turnover was scheduled july 16 on wards but bec i have to work for the new company i was no longer able to report to them. What should i do? They are holding my things and they don't want to release it. Thy even forced open my locker w/ out my knowledge and already spreading rumora about the satfe case? Can i file case for them in DOLE?

Hi. Gud eve. I would like 2 seek advice. I filed my resignation june 1 2012 w/ effectivity on august 31. I change the date to july 31 and was approved. My new employer required me to start w/ them july 16 so i no longer report to work last july 12 and 13 and sent an email to my previous employer today that i will no longer report to work and that the new effectivity is july 15. I sent my cousin to return some cash on hand and receipts only to find out that they will be filing a estafa case on my end. Do they have grounds on filing estafa if all the receipt and cash was returned? Also they said they will be filing damages case? Is it legal? The law requires only a month notice right? I was not able to make a proper turnover though because the whole month of june thy are not yet decided who to take my place. The turnover was scheduled july 16 on wards but bec i have to work for the new company i was no longer able to report to them. What should i do? They are holding my things and they don't want to release it. Thy even forced open my locker w/ out my knowledge and already spreading rumora about the satfe case? Can i file case for them in DOLE?

Hi atty. hope 2 get ur response soon.

I have a friend who worked at a construction site and he was wrongly accused of theft. Upon arriving in his worked he was falsely accused by a security guard for stealing an iron or bakal in their site which is not true. Agad po siyang dinala sa presinto at kinulong. Ang bail po is 24,000 pesos. Paano niya po madedefend ang sarili niya? mahirap lang po sila at walang pera. Tulong naman po Thank you!

qualified theft(compromised agreement)


good day atty.
here i am again seeking your good advise..
whereas in this scenario my friends who had a case with outstanding warrant of arrest issued.

both respondents had been agreed for settlement thru outside the court.a criminal information was filed by the first party against the second party.

wherein , both parties hereof agreed the same extra-judicially to save them time, costs and expenses relative to a court action, in view of on going premises, the parties hereto entered into a memorandum of agreement of course with conditions, in such time y friends will fully pay his obligations to the company...

atty. after they have been fully paid, it is possible, that the first and second party shall execute an affidavit of desistance in favor of the second party and that no other claim,demand,suit shall be filed by both parties..?

thru notarized memorandum of agreement, puede po ba siyang lumantad sa publiko?thank you and more power...

dear atty,

good day.

1.ask ko lang po sana ano penalty ng qualified theft?

2.kinasuhan ako ng qualified theft ng company ko dahil sa kadahilanand pinahiram ko ng materials and supplier at kapalit nito binigyan nya ako ng kapalit na halaga. para mailabas ng supplier ko yung mga materials sa premises ng company namin gumamit ako ng ibang reason para lang mapirmahan ang document ng manager ko at mailabas na ng supplier sa aming company. ang alam ko po tapos na ito dati dahil natanggal na ako last march 30, 2012 pa sa aking trabaho at ang sabi yung supplier ko yung magbabayad dahil nasa kanila naman yung materials ang mali ko lang may tinagap ako kapalit na halaga, pero ngayon august 23 2012 nakareceive ako ng sobpuena akala ko po tapos na talaga.

3. pag pinadalhan ka ba ng sobpena kailangan mo umattend?ano pong gagawin dun?

Please kailangan ko po advice nyo di ko na po alam gagawin ko..

Salamat

im waiting your response atty.

thanks a lot...

pls reply..............thanks

1) depends on value of what was stolen. beyond 32k, it's 20+ years

2) imo, what you describe is falsification, not q theft

if you choose not to attend, the prosecutor will base his decision based only what they say

Gud pm po....May nagalaw po akong pera sa kumpanya namin,then this coming tuesday pinapupunta ako sa main office namin para idiscuss raw yung mga nanawala...Anu po ba ang dapat kong gawin at anu po ba ang mga dapat at hindi dapat sasabihn sa kanila? aaminin ko po b? last week po kasi umikot yung mga taga ofice namin sa area na hawak ko para iverify lahat the accounts n under s area ko kung talagang nag eexist pa ba yung utang nyun.....At nalaman din nila na ilan po s mga kliyenteng hawak ko na bayad na at wala ng utang.. which some are true and some are not! ang problema ko pa ngyn may hawak cla kapirasong papel na nka indicate dun yung amount na kinuha k, petcha at pirma ko which is hindi nila alam na alam k n..admited k nmn po na nagalaw k yun,kaya lng po hindi ko intensyon o sinadya..I mean if my plano tlaga ako or may balak D hindi n sana ako nag iwan ng kapirasong papel n alam k n magiging ebendensya nila laban s akin......Sana po masagot nyo agad ang tanung k dahil malapit na yung martes!! salamat po n God bless!!!

by d way,i really dont know kung anu kaso ang ififile nila just incase!!! And ive been working here for 5months now....i didnt signed a contract with them may laban po b ako d2? hindi cla nag babayad ng kahit anung buwis s govermennt not even my sss,pag ibig n etc!!

what shall i do????