re:estafa case with warrant 19 years ago:PLS. HELP

Kumuha po ako ng NBI clearance 1 month ago for abroad.It turned out I have a warrant of arrest in 1991 for estafa/swindling. Too good hindi ako hinuli ng mga taga NBI.Last month ko lang talaga nalaman since I moved out from my former place since 1991. When I tried to dig deeper,utang ko pala sa AVON yon when I was an AVON dealer 19 years ago. The principal amount was 1,200 pesos! (That small amount that is ruining my life now). I called up a friend and requested him to talk to the Avon manager who filed a case against me. Sabi nya, I have to pay 10T pesos para magfile sya ng affidavit of dissistance. Please advise me what to do about this. Paranoid po talaga ako. I have a high position in a company. Takot ako baka damputin ako ng mga pulis anytime. What is the best thing to do about this? Since may warrant na ako, do I REALLY NEED TO GO TO JAIL? Ano ang dapat gawin para hindi na makulong? thank you.

Ayokong hayaan ang kasong ito kasi paranoid ako palagi pag makakita ako ng pulis.What's the best move for this na wala nang 'kulong?

Pwede ba magbail na lang ako kahit di pa ako nakulong then proceed with settlement of the case?kasi willing naman magpabayad yung nagkaso ng 10T. kaya nga lang, may warrant of arrest na.

19 years ago na ang warrant, Pag archived na ba ang kaso, huhulihin pa rin ako?

wait. in avon, isn't it that when you get the products, they are considered sold to you? or are they handed to you on consignment and you have to return the unsold goods? if the first, failure to pay is not a crime, just debt. if second, then yes it is estafa.

anyway, you are right. the best move is to file bail, be arraigned (where you say not guilty) and then have the case referred to mediation. there you can enter into a settlement. if the settlement is approved, then the case will be dismissed.

right now, the case is archived, but the warrant is still valid.

Yes.it's the second:consignment agreement.I haven't returned the products worth 1,200 pesos and failed to pay it.I wasn't able to pay because I left the place.It's more on negligence. I have to plea guilty then? How much bail will I post?

So I can post a bail without going to jail then?

Will I be needing a lawyer or can I settle it by myself? Since willing naman magpabayad yung nagkaso.

Or can I just pay her 10T, have her file an affidavit of dissistance without posting a bail?

Since this case in other place, can I have a representative to take care of the case like posting bail, entering to amicable settlement, etc. because I have a job in my place and I'm afraid to be jailed when I get back to my former place.

Thank you so much.

don't go to much rigors, maliit lang masyado yung amount. go right up to the manager or sent someone to settle amicably the case, preferably a lawyer.

southern star wrote:don't go to much rigors, maliit lang masyado yung amount. go right up to the manager or sent someone to settle amicably the case, preferably a lawyer.

You mean I can amicably settle this without going to jail though I have a warrant of arrest? Thanks

girlie wrote:

southern star wrote:don't go to much rigors, maliit lang masyado yung amount. go right up to the manager or sent someone to settle amicably the case, preferably a lawyer.

You mean I can amicably settle this without going to jail though I have a warrant of arrest? Thanks

mahirap magbigay ng advice with a limited background of your case. i suggest you seek assistance from a lawyer. attyLLL's advice above is a good move.

but for me i believe that if the manager executes an affidavit of desistance (which should mean the manager and his/her witnesses will no longer testify against you)and submit it to the prosecutor, it would, to some probability, cause the dismissal of your case not because of the affidavit of desistance, PER SE, but simply because the prosecutor will then simply have to move for dismissal for lack of witnesses. bear in mind that once the case is filed in court, a compromise/settlement is illegal. if the prosecutor will base his dismissal not because of the compromise alone but because of the absence of witnesses (w/c includes the manager.)then your case will be dismissed and then you go scotch-free.

kaya, make contact with the manager, either personally or thru a lawyer.

Thanks southern star

i rarely recommend the affidavit of desistance method to my clients because there are too many perils. the court may not necessarily accept it or the affiant may suddenly disown it.

estafa is a mediatable offense. I still recommend filing bail then having the settlement through mediation because it is within the rules. for me, this is a by the book and more safe method to have the case dismissed.

no, you do not and should not plead guilty. if you file bail, you will not go to jail

Thank you so much attyLLL. Now I know what to do.