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Resolution and Warrant of Arrest question

3 posters

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karmalief


Arresto Menor

How long will it take for a fiscal to make a resolution? The defendants did not attend the arraignments for 3 scheduled dates. Last date was Sept. 14.
How long will it take for an arrest warrant to be issued after a fiscal resolution came out?

So far, there's still no resolution from the fiscal's office.

legal


Arresto Menor

we went sa isang mall at yung friend ko nakakita nang wallet may laman na credit card, ginamit nya ito but I together with my 2 friends dont have any idea thats he is using someone's credit card na hindi sa kanya and then naka swipe po sya 3 times sa 3 store pero sa huling stor hindi po aku nakasama sa kanila, umalis na poh aku and then nahuli sla nang mga pulis at pumunta aku sa kanila sa headquartes para mag dala nang pagkain that night na nahuli sila pagkatapos pinapasok aku nagn imbestigador sa jail. Na detain poh kami for 3 days and 3 nights. Ngayun po nag file nang kasu yung may ari nang credit card at sinama aku sa case. Panu po ba ang processo nang pag serve nang warrant of arrest? Wala pa po akung na recieve na copy nang complain. Please help me po coz wala po talaga akung alam.

attyLLL


moderator

karmarelief, i don't think you used the term arraignment properly. that is the procedure where the accused pleads guilty or not. perhaps you refer to the hearings of preliminary investigation. resolution takes about 1-3 months.

legal, were you brought before the fiscal for inquest? you filed bail or the case referred for investigation?

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karmalief


Arresto Menor

atty, my friend is the complainant. The case was filed in the fiscal's office. They were scheduled to appear in the fiscal's office last august 16 and 25. The accused attended the first date with no lawyer, when it was clearly stated in the subpoena that they have to submit counter affidavits. They were given a second chance on the 25th.

But on the 25th, none of the accused attended. So the fiscal decided to give them one last chance last month, again non of them appeared.

attyLLL


moderator

karma, then you refer to hearings during the preliminary investigation. 1-3 months will be reasonably fast to issue a resolution.

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karmalief


Arresto Menor

Thanks for enlightening and correcting me atty.

Didn't know it takes a while to make a resolution.
Another question atty, if they will apply for an NBI clearance within this week, will they have bad record? considering there's a case filed against them.
We would not want them to be able to work for another company because they had victimized a lot of people already, including me.

attyLLL


moderator

unless they have other cases in court, then it is unlikely that it will appear on their nbi record. the nbi normally records only cases filed with them which they eventually filed with the prosecutor's office or those that the court issued an arrest warrant. you have not reached that far yet.

well, when you do reach that far, then the law enforcement authorities and arrest them at their new place of work.

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legal


Arresto Menor

atty, hindi pa po kami na inquest at nag bayad poh kami nang bail but wala pa pong kasu.Hirap po talaga kasi wala talaga akung alam about how is it done. Ni hindi pa poh aku na receive nang subpena. Anu po ba ang processo? pls help naman poh talagang nahihirapan na po aku.

legal


Arresto Menor

Sabi sa narinig ko na file na daw yung case but nong nag bayad kami nang bail hindi pa file yung case.

attyLLL


moderator

legal, did this happen in taytay? i'm involved in a similar case.

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legal


Arresto Menor

hindi poh., this was happen sa isang province in visayas., atty can please explain to me on how is it goes.. please...

attyLLL


moderator

thank you for clarifying. what you should do is to prepare your counter affidavit. tell your story that you did not participate in the purchases and you did not benefit from them. point out that you never personally held the credit card nor signed any document such as the sales slip. also state that you never knew that the credit card was not your friend's.

attend all the hearings and answer all the questions of the prosecutor. if you do not attend, the prosecutor may see it as a sign of guilt.

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legal


Arresto Menor

Thanks atty for also clarifying it to Me. I can prove that I'm innocent. Ang hirap lng poh kasi coz hindi po kaya nang pamilya namin kumuha nang Atty at ang complainant poh yung husband nya ay isang lawyer.

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