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Reopening an archived case

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1Reopening an archived case Empty Reopening an archived case Tue Jun 29, 2010 9:50 pm

girlie


Arresto Menor

Hi po. I have a case with warrant of arrest (estafa with amount of 1,200 pesos)19 years ago. I didn't know about this until last month when I tried to get an NBI clearance (because I left my old place 19 years ago).

Question: Since the case has been archived, what will I do to reopen it so that it will be resolved?

How long will the trial take?

Is it possible for me not to get the services of a lawyer to minimize the cost?

Pwede bang kamag-anak ko ang umasikaso since I have a job from other place at hindi na lang ako mag-appear? Thanks.

2Reopening an archived case Empty Re: Reopening an archived case Wed Jun 30, 2010 11:02 am

attyLLL


moderator

you can try going DIY, but you do so at your own peril. there is no specific rule how to revive a case. your filing of bail should revive it by itself but the judge may want some form of motion to be filed also.

the process of until you are able to settle and the agreement approved by the court can take several months depending on how busy the court is.

you have to personally appear to file bail, and at the arraignment, not at mediation.

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3Reopening an archived case Empty Re: Reopening an archived case Fri Jul 02, 2010 12:28 am

wolverine2

wolverine2
lawyer

If i were you girlie, do not attempt to personally go the court where your case is archived and/or pending because you might get the shock of your life when suddenly you are being arrested. That is very possible as there is still a standing warrant of arrest against you. When that happens, the case is now revived! (unless of course you have enough wad of cash to post your bail bond once you are arrested) But if you are really sincere to have your case resolved, better send somebody to know the recommended bail of your case and then file a notice of voluntary appearance with motion for reduction of bail.

4Reopening an archived case Empty Re: Reopening an archived case Fri Jul 02, 2010 10:08 am

girlie


Arresto Menor

wolverine wrote:If i were you girlie, do not attempt to personally go the court where your case is archived and/or pending because you might get the shock of your life when suddenly you are being arrested. That is very possible as there is still a standing warrant of arrest against you. When that happens, the case is now revived! (unless of course you have enough wad of cash to post your bail bond once you are arrested) But if you are really sincere to have your case resolved, better send somebody to know the recommended bail of your case and then file a notice of voluntary appearance with motion for reduction of bail.

Where will I file a notice of voluntary appearance with motion for reduction of bail?

5Reopening an archived case Empty Re: Reopening an archived case Fri Jul 02, 2010 2:47 pm

ann penafiel


Arresto Menor

good day,i want to seek advice for my problem 15 years ago i have left an account in the place where i worked its about not less than 20thousand pesos;im very willing to pay the complainant because we talk before i left but she did something that forced me not to pay her;(nagpakalat cya na mga litrato ko posting on the walls with matching wanted person.)i left philippines and as of now that im here theres somebody who appeared telling me that i have a warrant of arrest and anytime from now the NBI will arrest me and that person is living in the same place with the complainant. my question is how will i know that i have a warrant of arrest?i dont want that the NBI will arrest me,what process do i need to settle this problem?I will pay the complainant but she should also pay the moral damages she brought into my life.im looking forward for your advise thank you.

6Reopening an archived case Empty Re: Reopening an archived case Fri Jul 02, 2010 6:24 pm

attyLLL


moderator

here's what I do for my clients with the same issues; you can ask a relative or friend to do the same for you.

I make a formal inquiry with the NBI whether my client has a hit on their database, and request for the details as to where this case is pending and other details.

I then do the same with the Bureau of Immigration whether they are aware of any HDO.

Then I go to the court where the case may be pending and try to get the details.

good luck!

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7Reopening an archived case Empty Re: Reopening an archived case Fri Jul 23, 2010 12:33 am

wolverine2

wolverine2
lawyer

The voluntary appearance with motion for reduction of bail should be filed with the court where your case is pending. However, if you were arrested in some other places say manila but the court is in baguio city, you could still post bail before the office of the executive judge of the trial court having jurisdiction to the place where you are detained.



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