arrest warrant

Hi good day, just wanna know if there is a validity period for a warrant of arrest,for how long will it still be valid, thanks, more power.

I worked in a Holding/Investment firm as an account finance officer in 2002, unfortunately the company went bankrupt.Only recently I knew from a friend of mine that both of us have a warrant of arrest from an Estafa case filed by the depositors of that firm to which we worked before, my friend told me that the warrant was issued last 2004. I just wanna know what to do bacause we were merely employees and have nothing to do with the peoples money, how can we clear ourselves from this case. One more thing is I am presently outsidse the country, if ever I want to go back to the Phils, will there be any problem with the immigration, is there always a hold departure from a warrant of arrest. Thank you so much, hope somebody can help us with our concerns, God Bless.

a warrant of arrest has no expiry unless recalled by the court.

the only solution to getting rid of the case is to face it. were you not informed that a case was filed against you? no notice sent to your old address? i recommend that you personally file bail then go through arraignment.

you should send a representative to the Bureau of Immigration to check if they have been informed of the warrant or if there is a hold departure order against you.

I have no idea that there was a case filed against us but my friend told me that the court sent all the papers to our previous office address thats why we didnt get any info about it.I was just wondering because I have just recently renewed my passport in our local embassy and there was no problem encountered, does NBI clearance has something to do with passport application?, if that is the case does it means that I am cleared with any case and one more thing since the warrant in 2004,I kept coming back and forth the Phils with no hassle in the immigration dept as I was saying I am truly innocent of the case they filed on us.Thank you very much for a quick reply.

i think it is best to confirm first for yourself whether the actual case exists and whether indeed there is a warrant. absence of hassle at immigration or even a clean nbi clearance does not mean the case does not exist.

It is already confirmed that we have a warrant of arrest because my friend tried to get an NBI clearance 3 days ago and thats when she knew about it from the NBI staff, she was redirected to the RTC and finally got a copy of the warrant.You were saying its better to file a bail and then go for the arraignment, can you enlighten me pls how the arraignment goes considering I'm abroad, do we need to file for a counter affidavit and re open the case again, really worried and confused really need some help, thanks a million.Is there a possibility that the wanted person abroad be traced, I am worried that one day I'll be called to our local police office regarding this.

i would recommend to your friend to immediately file bail and/or a motion for reinvestigation so that there will be a chance that case can be remanded to the prosecutor's office for preliminary investigation. you can allege that you were never informed of the case against you.

arraignment is the part of the proceedings where you will plead guilty or not.

it is possible to trace you and extradite you here, but very unlikely because of the cost and effort involved.

note that when you file bail, you should not leave the country unless you have permission from the court.

Is it possible to have a non appearance arraignment?

no, you have to personally enter your plea in open court.

atty LLL you mentioned that after filing a bail the person in question cant leave the country unless with court's permission, what if I dont have Hold Departure Order, can I still go out of the country? How to get a court permission, how much is at stake to get this and how long? Thank you very much.

atty do u think we have a chance to win this case if we reopen it again considering we were only employees of the dissolved/ bancrupt "pyramid Scheme", as I think we were also victims of this scam as our families and friens also have some unreturned investments from this firms.More power to you atty

one more thing atty, I was anulled and have reverted to my maiden name, just want to ask how the immigration staff in the airport checks a person's immigration status,will my maiden name still reflects on the case filed against me, i was still married that time and was using my married name when the case was filed.If I do back home and use my maiden name will I have problems with the immigration, knowing I have a warrant of arrest in my previous married name. Thanks a lot.

it is one thing for the court's rules to state that a person released on bail should not leave the country without the court's permission and another to enforce this provision. if there is no legal order and the BI has not been informed of your case, then it is possible that you will not be stopped from leaving the country. add the issue about your name on top of this.

i believe you have a good chance of clearing your name in the estafa case if it cannot be proven that you knew this was all a scam. you can defend that you were a mere employee without any authority to decide how the money was to be used.

thank you very much attyLLL, you're such a great help, more power to you.

can the owner of the house rented tell me to evacuate anytime without giving me the time to look for another house to rent, besides, I have advanced 3 months deposit to her house, what is the right that I'm gong to invoke in the constitution? a certain purok leader told me that the owner of the house should always give 3-month allowance period to the lessee before the lessor would say to evacuate the house being rented, is it true?

did you not have a lease contract before? did it expire without renewing? how long have you stayed there?

3 mos allowance is correct if it is still within the lease period and the rent is not more than than 10k monthly in cities, or 5k outside