Robbery Case

Ninakawan po ng alahas ang kaibigan ko at umamin na ang mga akusado at nasampahan na ng kaso na robbery. Ang ibang alahas na narecover sa kanila ay nasa custody ng pulisya at ang iba naman ay kanilang isinanla sa 2 pawnshop. Napadalhan na rin sila ng subpoena noong Sept 2 at nakapag-counter affidavit na sila ngunit hanggang ngayon ay wala pa ring development ang kaso sa fiscalya. Natubos nila yung nasa isang pawnshop at hawak pa nila ito. They are threatening my friend na kapag hindi sya nagpaareglo ay hindi na maibabalik pa ang mga alahas nya at kapag nagpatuloy ang kaso ay malaking abala daw ito sa kanya dahil aabutin daw ito ng ilang taon. Nararapat bang hindi i-turn-over ng mga akusado ang mga hawak nilang alahas? Tama po ba na maaaring matubos nila yung alahas kahit ito'y reported as robbery? Paano po ba ang magiging proceedings ng kaso after makapagfile sila ng counter affidavit at may specific time ba na sinusunod sa bawat proceedings ng kasong ito? Pls. advise.

you did not file a reply affidavit to answer their statements in the counter affidavit? was a date set for filing of the reply?

where did they make this confession? is it in writing? was it to the police and did they have legal counsel? aside from this confession, are there other evidence?

how were the jewelry turned over to the police?

My guess is that they are claiming that they are the owners of the jewelry. If they return it, then it will be an admission that it is not theirs.

Salamat po sa pagrespond. According to my friend she was not aware of this things and has not been informed to answer or file a reply affidavit.
They made confession first to the Barangay officials who were interrogated the incident and after confirmation it was brought up to police authorities. Through interrogation, they voluntarily surrendered the remaining money they gained from pawning the jewelries and also confessed that other jewelries were burried near the house of one suspects. The police authorities recovered these jewelries and was taken videos and photos which were now with their custody together with some jewelries which they have also voluntarily surrendered. Police authorities then went to these pawnshops together with one suspect who pawned in and got confirmation. These incident was documented and filed the case to the provincial court on August 5, 2010 . After they received the subpoena dated Sept. 2, they did then got a legal council. After a few days, the fiscal spoke with my friend and he advised her to withdraw the case if they were able to return back to her all the jewelries, but, if she continue this case it will take a long time at malaking abala daw ito sa kanya. He gave her a chance to think over it. According also to her, the fiscal also said that since the case was not yet formally signed, the accused may still release the jewelries from the pawnshops and was then made so with one of the pawnshop, the other according to them they will wait for the court order. My friend later on called up the fiscal and she decided to continue the case.
They presented to her the jewelries which they have been released from the pawnshop with the presence of the barangay captain and was agreed that after showing this to their council, they will turn over these to police authorities. But then after more than a week, they failed to do so. My friend called up the fiscal to follow-up the case but to her dissapointment, the fiscal said to her: “sa akala mo ba kung maipapakulong mo sila, ibabalik pa nila ang mga alahas mo? Hindi na maibabalik pa iyon kung hindi ka magpapaareglo. Kung itutuloy mo ito malaking abala pa sa iyo dahil matagal itong kasong ito”. My friend then asked the brgy. Captain to sort out these failed agreement with the acused. According to them their legal counsil advised them not to turn-over the jewelries. The brgy captain commented that even him if he knew that this case will be pushed through and that will put him on bars, he will not return anymore these jewelries. My friend was so dissapointed as if she is now the one pleading to return back to her her OWN jewelries and that crime has been tolerated by these government authorities na akala nyang magtatanggol sa kanya.

well, the way you describe it, the fiscal seems to be a jerk, but what he says has some truth.

it seems to me that there is a strong case against the respondents.

here are the scenarios i see:

1) continue case - jewelries not returned, possibly respondents imprisoned

2) settle - get jewelries back, respondents go free

indeed, the likelihood that the jewelry will be returned is low if the case is continued. baka yun pa ipambayad nila sa abogado.

your friend decide which one she wants. if she will insist on imprisonment plus return of jewelry, well, that's not going to happen.

Magandang araw po ulit sa inyo. Follow-up po sa kaso ng kaibigan ko, nalaman nya na hindi pa nagsusubmit ng counter affidavit yong mga akusado, nagsubmit lang pala sila ng motion of extension para sa subpoena. Wala pong nakalagay kung hanggang kailan daw po yung extension na iyon. Pinuntahan daw rin nya yung isang pawnshhop at nagtanong at ang sabi ng pawnshop ay maaari pa ring matubos nila (ng akusado) yung alahas anytime daw basta may affidavit of loss (kung nawala yung receipt) at pera para pantubos sa alahas hanggat wala silang natatanggap na court order o subpoena kahit pa naireport na sa kanila na nakaw ang mga alahas na iyon. Itinanong din daw nya sa fiscal kong pwedeng mag-issue ng court order o summon to freeze the jewelries as protection pero ayon daw sa fiscal hindi daw nya magagawa iyon. Ano po ba ang dapat na gawin o maaari nyong i-advise para hindi nila mailabas pa yung alahas ng kaibigan ko na nakasanla pa hanggang ngayon sa pawnshop na iyon. Yung ibang alahas na nasa custody ng pulisya paano po maituturn-over sa kanya? Umaaasa po kami sa inyong agarang pagsagot.

Salamat po

write a letter to the pawnshop. formally inform them that the jewelries are subject to an ongoing criminal proceedings. threaten them with obstruction of justice if they release the evidence.

file a motion with the prosecutor to issue an order to release evidence. you will have to file an undertaking that you will produce the evidence when required.

I would like to seek advise to a robbery case (jewelries) I filed and it has been almost a year now, all the evidences was at the court already, infact the suspects was already been detained for 3 days and bailed out last feb of this year. Till now there is no development yet or resolution made by the fiscal. Some of the recovered jewelies were still at the police custody and some were still at the pawnshop where the suspect pawned these jewelries.What do i need to do for them to turned over those jewelries to me? Please advise.

do you mean this is still undergoing preliminary investigation or it was already filed in court?

it was already filed in court last August 5, 2010 and was almost a year now. All the evidences gathered were already submitted (pictures/videos of some of the recovered jewelries, money they have gained from the pawnshop from these jewelries, police investigation reports, along with the witnesses affidavits, etc). The suspects were still at large.

based on the dates of your posts, as of november, it was still undergoing preliminary investigation. you can file a motion to release evidence with the court or the fiscal to get the jewelries under possession of the police.

did you follow my advice to write a letter to the pawn shop? i recommend you file a separate civil case to get the jewelries back if they are refusing or file a case of anti-fencing law.

thank you po sa advise. the pawnshop told me that what they need was the letter from the court/fiscal and i ask the fiscal if they can issue a letter to the pawnshop to hold these jewelries (para hindi ito marimata) but the fiscal said he cannot do that. I'm losing my confidence to this fiscal. He even told me before that, i can no longer get back my jewelries unless i'll be open for a negotiation with the accused meaning parang ayaw nyang madagdagan ang kanyang trabaho kapag ipinagpatuloy ko itong kaso na ito or is there something else that......?!

do you mean there has been no resolution by the fiscal? this is still under preliminary investigation?

Thank you responding. The robbery incident was happened July 28, 2010. I filed the case August 5, 2010. they issued subpoena sept 2, 2010. after a few days the fiscal arranged a meeting (me and the suspects together with their lawyer) and asking me to withdraw the case and they will gonna pay me 20,000.00 pesos and will release the jewelries at the pawnshop and give it back to me (that is if i will take their offer!) I didn't accepted the offer and the fiscal and their lawyer got irritated and the fiscal said "go and get your own private lawyer"! That moment, it was like as if I am the robber here and not the VICTIM. I was hopeless at that time and thinking, is this really how our public/government lawyers who have been paid by all our taxes which was deducted from our salaries treated victims who's just want to seek justice and help relying that they can be of help, a defender from criminals (as they sworned to that service) and NOT abiding criminals or is it they're doing this not to add up another bulk of papers on their tables???!!! no wonder!!!
(I apologize for this atty, i was just so dissapointed)

They were then arrested last feb, 2011 and detained for 3 days, but they were released upon paying 1,000.00 pesos each as their bail. I would like to know if this bail will be up to when?
I also have already filed a motion to release my jewelries under the custody of the police last december 2010 and there's NO action has been taken till now. If my letter to the pawnshop was not acknowledged and ignored as they're saying that it should be from the fiscal/court, what would be my next step? How can I file a civil case to the pawnshop? what can the court do or is there any law to protect roberry pawned jewelries of victims like me? Is this common to all robbery cases like this one to take years even though all the evidences were laid down infront of them, infact suspects were already admitted that the robbery incident was planned and made by them. They admitted that to the police and by this they surrendered the money from the pawned jewelries to the police and was also signed by them. Now, it's just the formality of saying/admitting now on the court's hearing (so to speak) for them to be FORMALLY called CONVICTS.

only 1,000 bail? what charge was made to them?

to release the jewelry from the police, you should file a motion with the court to release the jewelry.

as for the pawnshop, you have to file a civil case to annul the deposit of the jewelries.

yes atty, only 1,000 pesos each for a robbery case and i've already filed a motion since december 2010 for the release of my jewelries but til now there's no action taken. as for the pawnshop, i've already made a letter to them. thanks for your advices.

Robbery case din po ata etong question ko. Sorry if hindi, kaso wala ako makitang post about it. nagsanla ang nanay ko ng alahas na worth more than 70,000.00. sa isa sa mga branch ng isang matuturing na higanting pawnshop dito sa pinas. Ang problema, na hold up ang branch na yun kung saan napatay ang mga guard. Ayaw makipag usap ng head office nila. meron po ba kami pwedeng isampang kaso sa kanila? sabi ng attorney sa nanay ko, baka abutin ng more than 70k din ang expenses pag nag file kami ng case.kawawa naman ang nanay ko, pinag hirapan nya yun sa saudi. baka po meron makakatulong sa nakakabasa.