Malversation of Public Property

My father recently received a warrant of arrest and the case filed against him was Malversation of Public Property.. He posted bail already That property is a 45 cal pistol which he turned over already to the Philippine Army before he retired in 1997. He has a clearance and receiving copy of it from the Army and he followed every SOP there is and even has all sorts of clearances (e.g. Clearance from Obudman, etc).

Per the case information, the date stated there that he received the pistol is on 2005 in a GHQ in Lucena when he was still an official in the Army. Clearly, he is no longer with the Army and that the one who filed the case is lying. He was working already for a private firm based in Mangkayan, Benguet at that time.

My questions are:

I'm positive we have every evidence there is to prove my dad's innocence, but what are the initial things we must do? Is it advisable to just get a lawyer from Lucena where the case was filed?

Can we file a counter affidavit so that we can give them a problem also and ask for damages for the hassle they are causing our family? How do we do this? Thank you so much.

Don't go on offense until you are done with defense.

I suggest that your father acquires a lawyer he trusts whether in Lucena or elsewhere. If one is in Lucena, then better. I recommend that he immediately files a motion for re-investigation within 5 days from the time he received the warrant if it is still possible.

If not he must prepare for trial. when he is acquitted, then go after the ones who initiated the case against him if it was in bad faith.

attyLLL wrote:Don't go on offense until you are done with defense.

I suggest that your father acquires a lawyer he trusts whether in Lucena or elsewhere. If one is in Lucena, then better. I recommend that he immediately files a motion for re-investigation within 5 days from the time he received the warrant if it is still possible.

If not he must prepare for trial. when he is acquitted, then go after the ones who initiated the case against him if it was in bad faith.

I guess it's too late now, a week passed already. Thanks, we hope to find a trustworthy lawyer in Lucena.