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wrongly accused of theft

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1wrongly accused of theft Empty wrongly accused of theft Sun May 30, 2010 3:46 am

plshelpme


Arresto Menor

Good am po!A close person to me is accused of theft (Nickname is John).
Years ago, the company's warehouse was ransacked and goods were stolen. He was
the supervisor of that warehouse. The fault
of jOHN is that he didn't reported the incident
to the police and the management because he wanted to catch the
burglars himself, and that he's going to make an inventory himself
thinking that the goods were just delivered to another customer or
the goods were delivered to another warehouse. After the incident,
there was an inventory by the administration and it was discovered
that goods were missing.

There was investigation and jOHN was interrogated by the
company.tHE LOST GOODS AMOUNTED TO ABOUT 250K. According to the
investigation, the goods were not stolen in one stealing but
was gradually stolen..

In the end, the company owner, talked to John and said that they
won't file a case against him if he voluntarily resigns.
He voluntarilly resigned though innocent, thinking that if he did that
everything will be okay. The company owner ,their lawyer, and
John went to DOLE, and in front of an arbitrator, settled the case-
no case will be filed if he voluntarily resigns. He was not given separation pay though
he has worked in the company for about 10 years.

PROBLEM NOW IS, JOHN HAS A WARRANT OF ARREST. HIS CASE IS THEFT.
ACCORDING TO JOHN, THAT WAS FILED AFTER THEY SETTLED IN DOLE.

I am outraged because of this because first, john lost his job becasue of wrong accusation, second, it's been settled, and third, he's a father of 4.

The company said they sent the subpoena years ago but John was not
able to receive any. they noted in the subpoena that john transfered residence but actually, he's been living there with his wife and children, and that time,
he was applying for a job in the city hall.

Please help john with his problem...he's not well-off. how can john prove that he's innocent if he's going to be arresrted anytime? your advice would be really of great help. Thank you!

plshelpme


Arresto Menor

Good morning po! Atty., ano po yong pwedeng
gawin ni john sa pag-aakusa sa kanya ng theft?I hope po
na matulungan nyo po kmi about this case.
Thank you very much!

3wrongly accused of theft Empty Re: wrongly accused of theft Tue Jun 01, 2010 3:05 am

attyLLL


moderator

they sent the subpoena years ago? how long ago did this happen?

i'm afraid the company pulled a fast one on john by getting him to sign a waiver at DOLE. if they just used the standard form then he has no longer any right to go after the company.

his best option is to file bail in the court which issued the warrant of arrest and then file a motion for reinvestigation because he was not given the opportunity to be heard during the preliminary investigation. if granted he can give his evidence.

if not granted, then he can proceed to defend himself at trial. if the company fails to provide positive evidence that he was the one who committed the theft then he should be exonerated.

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