qualified theft

can anybody help me po if what would be my next step. kasi po nag nakaw yung katulong namin. she left the house na ni timing nya na sa CR wife ko. ngayon po may mga gamit syang dinala..gaya ng cellphone ko,small radio etc..i had it blotter na po. ngayon po gusto kong sampahan sya ng case para magkarecord din sya at hindi makapag biktima ng ibang magiging amo nya in future. question ko po..magkano kaya magagastos namin sa pagsampa ng kaso?kakainin ba buong araw ko sa pag sampa?hope to hear your advise. thanks..

Mr. X

what you need to do is to draw up your complaint affidavit. the police can help you with this and then it should be filed at the prosecutor's office where it will go preliminary investigation.

if the prosecutor believes that there is good cause to file the case in court, he will file the information in court, and a warrant of arrest may be issued and it will be recorded in her NBI record.

attorney is not required at inquest. if you are arrested without warrant, the first point you will have an attorney is during arraignment.

value of the stolen items is relevant as to the punishment.

are they unable to file bail? has the information been filed in court after the inquest? what's this aminado? who did they admit to?

they should discuss this matter with their attorneys. were the bags found in their possession? were they recovered?

they should NOT issue any statement. their silence is their greatest asset right now because the prosecution will have to prove everything without their admissions. stating that the number of bags is wrong is admission that they stole them in the first place.

i would recommend that you come up with a defense that does necessarily rely on lying, but not to give evidence either. focus on whether the complainant actually saw the theft. possession of money is not a crime and the stolen items were not found in their possession.

are they not able to file bail? they should ask their PAO lawyer to pursue this if possible.

i believe what has happened is that they were arrested, underwent inquest but then signed waivers so that they can undergo preliminary investigation. this is why they are being asked to write counter affidavits. in such situation, they can be detained while the investigation is ongoing.

if there's no waiver, then they are being illegally detained. make sure about this matter. they should discuss this with their PAO lawyer.

they can file a money claim at nlrc, but it will not affect their criminal case. good luck.

detention is on-going until termination of the case or the filing of bail and issuance of a release order from the court.

the case has no effect on the factory.

i suggest the discuss counter charges with their lawyer. note that you will have to produce evidence to prove your charges.

and from your statement that they indeed committed theft, i would recommend that they focus on their defense.

with the number of cases a PAO lawyer handles, you cannot expect the PAO lawyer to be giving his entire time to their case. his duty now is to get the earliest possible date of arraignment because the accused are detained.

cost of a lawyer depends on which lawyer you retain. the normal mode of charging is a big acceptance fee then running costs per appearance and documents.

i recommend that they discuss with the PAO lawyer how to file a motion for bail so that the prosecution will be forced to show its evidence that 63 bags are missing.

if there's no waiver, then they are being illegally detained. make sure about this matter. they should discuss this with their PAO lawyer.

With all due respect, I believe and in fairness to the police officers, i think the case was immediately filed with the court after the inquest which explains why they are still being detained.

need ko po advice nyo, may kaso po yun sister ko na qualified thief, di po namin kaya lumaban sa kaso kasi magastos at mahal ang bail na hinihingi. Gusto naman po ng complainant na mag-out of court settlement na lng yun sister ko. May warrant of arrest na po para sa sister ko. Nagdesisyon na rin po ang sister ko na makipag-out of court settlement, ano po ba ang dapat namin gawin? Kailangan po ba namin ng lawyer?May assurance po ba nag kapatid ko na hindi sya huhulihan habang pinaprocess yun?

i always advise to get a lawyer so that you can be guided accordingly.

the proper process if for your sister to file bail first. you can request the court to reduce the amount and then during arraignment plead not guilty and assert that there has been a settlement.

the warrant of arrest is not going away unless the case is dismissed.

thank you so much, can you give us idea how much po magagastos sa pagkuha ng lawyer? Nakausap po ng Ate ko yung complainant at nanghihingi po sya ng downpayment and then sabi po nya installment na lang po ang balance. Kapag nagbigay daw po kami ng downpayment ipapa-dismis na daw po nya yun kaso after mag-sign yun ate ko sa agreement, possible po ba yun?

ano po ba nag mangyayari kapg sinampahan ka ng qualified theft ng dati mong employer dahil pinalabas nya na hindi ko niremit ang mga bayad kahit ang totoo po ay niremit namin at may testigo kami na gawa gawa lang nya yun dahil nagbigay po sa amin ng statement yung dati nya ring empleyado. written testimony po yun na pinirmahan nya.

Gomez, cost depends on which lawyer you retain. i do not recommend that you just pay the complainant and leave it to them to have the case dismissed. the court might not approve the dismissal.

laarnie, where did your employer file their case, at prosecutor's office?

sinasabi lang nya po sa amin 4 na umalis sa trabaho. paano po ba masisigurado kung meron nga po. pinabarangay nya kami pero hindi sya umattend ng 2nd at 3rd na harapan. kaya sabi ng barangay dismiss daw yun. pero hanggang ngayon sinusulat niya sa dyaryo nya na idedemanda niya kami at may kaso na daw po kami na qualified theft.ano po ba dapat namin gawin.

thank you po for your advice,makikipag-negotiate na po yun ate ko sa complainant pero dahil worry po sya na hulihin sya during sa usapan, we are advised na makipag-usap sya through representative with special power of attorney until mag-settle sila sa usapan and makapagbayad ng downpayment and then she will file a motion for dismissal, okay lng po ba yun?

laarnie, what is this dyaryo? if defamatory remarks are made against you in the news paper, you can file libel charges. if a case is filed against you, then you should receive notices.

gomez, note that the agreement must be reduced to writing. the plan is sound. if the parties are willing to settle, i recommend you still be advised by legal counsel or they can also consider meeting at the philippine mediation center at the courthouse even without an order. good luck.

thank you so much po, you're a great help, willing naman po yun both parties, for my sister is to have peace and to work freely even hindi sya guilty at hindi nga nya kaya lumaban sa korte( financial problem) and don sa kabilang side gusto lang nilang maka-collect ng pera. Additional question po, ako po yun magiging representative nya, ano po ba consequence non sa akin? Do I be liable to what my sister is liable? Next po naming move is to meet with FAO pra sa power of attorney and then makipag-usap don sa complainant with their lawyer para naman po sa proposal and when there is agreement already saka po magkakaroon ng pirmahan.Since ako po yun representative and ako yun pipirma sa magiging agreement,as to what extend po yun responsibilities ko? again po maraming salamat po kasi po you really guided us...God bless po.

Additional question po, after po ba na magkaroon ng agreement, sino po need magfile ng motion for dismissal? kami po b or yun complainant or both. Kasi po yun ibabayad ng ate para don sa downpayment eh pinangutang lang namin kaya need na po nya mag-work, pwede po kaya namin i-request to clear her name even di p tapos bayaran ng full yun amount para makapag-work sya para pambayad total meron na po pinirmahan na babayaran nya? Thank you so much po.

you will need a special power of attorney executed by your sister before a notary so you can represent her.

i recommend that when you are ready with the details, you can go to the Philippine Mediation Center to have the case mediated. they only charge P500 as a fee. an agreement before the PMC is valid and binding and will be considered by the court.

yes, you can agree to pay in installments, but the complainant has to agree also. if she does not pay, the case can be revived. good luck.

you mean po, even we have agreement and signed by both parties, we need to go to PMC?

not absolutely necessary, but it would be more binding, and the agreement more credible to the court. it only costs P500.

good luck.

at to what extend po yun accountability ko as representative? Magiging liable din po ba me incase hindi maka-settle ang ate in the future? thanks po... God bless

representative has no liability in the case. just make sure that you don't sign as a comaker or guarantor. the final document should be signed by your sister.

thank you so much po....you're a blessing..