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Estafa case filed long time ago against me

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1Estafa case filed long time ago against me Empty Estafa case filed long time ago against me Fri May 07, 2010 12:08 pm

ashashadams


Arresto Menor

Hi atty.. I was accused of estafa by my previous company 6 years ago since I am the Business development manager and wasnt able to explain why 30k was missing..They filed a case against me.At first , I am willing to settle it since it was just 30k then later on they talked to my parents that its already 100k missing. BEcause of that , hindi ko na sila pinatulan and nagpakalayo layo ako instead. They sent my family a letter , a subpoena from the regional court and i didnt appear still and defend myself. Now, its been six years and I havent heard anything from them and I dont know the results of their complaint. Will there be a hit from nbi once i get a nbi clearance? Will the arrest me once i go back to my hometown? I need your immediate reply coz til now, I am still haunted by this.Thanks in advance

admiral thrawn

admiral thrawn
moderator

If this case is already filed in court..yes the nbi will record this and there will be a hit on your profile.

You said Subpoena..does the letter head say Regional Trial Court..or Officeof the Public Prosecutor?

sadprince


Arresto Menor

did you go abroad or province lang? malaking company ba yung nakabangga mo? bakit now ka lang try kuha nbi m,?
yan nga ang takot ng lahat ng nagtatago like us.. ang madampot..actually we do have the same question na din..
if ever nalaman nilang nandito ka sa manila, padadampot ka nalng ba nila or di ka ana talaga pwede umalis ng bansa?

ashashadams


Arresto Menor

I think , just from the office of the prosecutor...

ashashadams


Arresto Menor

My company where I am working right now just accepted police clearance. I didnt face the problem coz during that time i dont have money to support and defend my case.Now that i do, I would like to face and check the status ofmy case now...

sadprince


Arresto Menor

parehas tayo ng problema pare.. sa katulad kong pamilyado at me 3 anak.. napakahirap lusutan ang isang problemang hindi naman natin ninanis mangyari..
kaya minabuti ko ding di muna harapin at mangibang bayan kung papalarin.. lakasn ng loob..
kaya nga andito ako sa site o forum na to dahil alam ko mababait at pantay ang trato sa katulad ko din na nagkamali..
mga lawyer man sila o hindi aam ko na tao sila na me damdamin..
kaya nga ask ko din kung makaklusot ako abroad?
kahit ba bigtime ang kompanya ko baka pagdating sa airport mapahiya ako.

admiral thrawn

admiral thrawn
moderator

Just go to the prosecutor's office and ask for the status of your case.

nakatanggap ka pa ba ng ibang letter from the prosec office?

admiral thrawn

admiral thrawn
moderator

@sadprince..pwede ka pang umalis dahil wala naman naka file na kaso sa iyo..kung yung may kaso nga sa korte nakaka-alis..

ashashadams


Arresto Menor

I never received any status nor letters after . My family didnt received anything from them too. I was informed that after two years , the case will be null and voided..do youthink so? tinatakot lang ba nila ako? pag pumunta ba ako sa hometown ko, aarestuhin agd akoo pag nalamn nila na andon ako..i really would like to go back to my hometown for vacation.

attyLLL


moderator

ask your family to check on the status of the case with the prosecutor's office and the regional trial court in the place indicated in the notice that you received. they can request for a clearance from both offices. this is the only way to make sure. they will be notified if the court or prosecutor's office records show that there is a pending case against you.

if the case was filed in court by the prosecutor, then i am pretty sure that a warrant of arrest was probably issued against you. if so, then yes, you can be arrested if someone tips the police that you are around.

it is not true that failure to arrest the accused will result in extinguishment of the offense. the case can be simply archived and the warrant pending. the case will be revived if the accused is arrested or appears in court and posts bail.

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

ashashadams


Arresto Menor

Thaank you..so it is not advisable to go back to my hometown without making sure that I am cleared..ill try to ask my family to check for it..thanks .you're a great help

popoy


Arresto Menor

If the case was filed 6 years ago, in all probabilities the same has been filed with the RTC. For sure, you have no a pending warrant of arrest. try to follow up the case and better settle it. enter into a compromise agreement with your company.

ashashadams


Arresto Menor

Letters ive got
1. letter from the company's attorney:since i am the business development manager,its my duty to make sure that everything is ok and they ve said ive committed a breah of trust and abuse of confidence which my company had reposed upon me and now subject to criminalliability.

2nd letter- from the municipal court of my hometown statung that i failed to file the required counter affidavits so they will be forwarding it to the office of the provincial prosecutor for requisite review

After that , i never received anything..so the last letter was just a subpoenafrom my hometown...

Let me know what should i do. I am ready to face them and defend myself.

admiral thrawn

admiral thrawn
moderator

So wala ka pang natatanggap na resolution from the prosecutor's office?
Malamang na sa probinsya ang kaso mo dahil ang nag conduct ng preliminary investigation ay MTC..
To check if you have a pending case in court before the RTC..Pa-check mo na lang sa relative mo sa Office of the Cleck of Court(OCC) ng RTC na may jurisdiction sa lugar nyo.. kung may naka-file na case laban sa iyo..kunin mo yung case number na nakalagay doon sa letter na natanggap mo sa MTC for reference ng OCC para ma trace nila yung file mo.Kung wala sa file nila then walang naka file sa iyo in court at baka naka pending pa rin yan sa prosecutor's office.

ashashadams


Arresto Menor

so kung nakapending yun sa prosecutor's offie, pde pa rin bang i open yung case at arestuhin ako anytime once me ngtip na nasa hometown ko ako?..Is it safe to go back to my hometown?

admiral thrawn

admiral thrawn
moderator

Ang hukom lang ang pwedeng mag-pa aresto sa iyo at magagawa lang ng hukom yan kapag naka-file na sa korte ang kaso mo. ipa-asikaso mo na lang yan sa ibang tao tulad ng kamaganak mo(kapatid, magulang o tiyuhin).

ashashadams


Arresto Menor

so there is a possibility that it wasnt filed at the court yet? So no need to be afraid to be arrested anytime? I'll let my brother check it and thanks a lot for your advice...

attyLLL


moderator

if the prosecutor never filed it in court, then it means no warrant of arrest was ever issued. if so, you can go home. again, confirm first or else you proceed at your own risk.

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

ashashadams


Arresto Menor

hi.. i already asked my family to check it forme..the municipal office of the clerk of court informed my family that it was already forwarded to the city (RTC perhaps) and they told my family to check it with them instead. S, what does it mean? what is the probability that i am cleared and there is no case or any case filed against me?

ashashadams


Arresto Menor

hi.. i already asked my family to check it forme..the municipal office of the clerk of court informed my family that it was already forwarded to the city (RTC perhaps) and they told my family to check it with them instead. S, what does it mean? what is the probability that i am cleared and there is no case or any case filed against me?

attyLLL


moderator

it's not clear what was forwarded to the city. MTC's used to have the power to conduct preliminary investigation, but this responsibility was removed a few years ago.

you will have to confirm with the city prosecutor's office. use the case name and number as reference. if it is still just with the prosecutor's office then definitely there is no

another way to tell is if the case name is now "people of the philippines vs. your name", then the case has been filed in court and likely a warrant of arrest has been issued against you.

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

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