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estafa case

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1estafa case Empty estafa case Tue Jun 01, 2010 2:58 am

andie


Arresto Menor

Attorney Moderator,
a case was been filed against my friend unknowingly by his previous company after they let him resigned due to some questionable anomalies according to them he committed. after a year he found out that a case was been filed against him wherein subpoenas and arrest warrant was been sent while he's already out of the country. his question is, once he returned in the Philippines will he be arrested at once since according to his relatives a copy of warrant was also been issued to immigration? and since it's been a decade already, could he still be able to go out of the country once he returned? and also, does it mean that the case is no longer at the prosecutors office and been elevated to court?
thank you very much.

2estafa case Empty Re: estafa case Tue Jun 01, 2010 3:39 am

attyLLL


moderator

yes, it means the case is now in court. if immigration has been alerted that there is a warrant for him then he faces the possibility of being arrested once he returns or when he tries to leave.

however, our airport immigration officials are not always alert unless they have been giving pre-warning of the date of arrival or departure. at most, your friend can sneak in and out, but no guarantees.

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3estafa case Empty Re: estafa case Tue Jun 01, 2010 4:23 am

andie


Arresto Menor

Attorney Moderator,

with the impending problem that my friend could face once he arrived, what is the best way that he or his parties in the Philippines could do to avoid facing immediate arrest once he stepped in our country? this kind of case of estafa can still be resolved out of court settlement though it was already been filed?

thank you.

4estafa case Empty Re: estafa case Tue Jun 01, 2010 8:58 pm

attyLLL


moderator

the best way is to verify with the Bureau of Immigration if there is a pending warrant watchlist or Hold departure order against him in their database. if there's none then he should not be arrested upon entry into the philippines.

i do not recommend an out of court settlement because the case can continue even if the company is paid. if your friend really wants to settle, then he should file bail and then the case can be referred to mediation. there they can reach a settlement for approval of the court and the case will be dismissed. that's an "in-court settlement"

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