IGNORED SUBPOENA FOR ESTAFA

Good day po! This is another case of subpoena for a friend of mine. According to her, her in-law told her na meron daw siyang subpoena for an estafa case for a debt she did not pay a few years back. Tinanggap daw ng in-law niya ang subpoena but never signed anything, receipt whatsoever. Hindi rin binigay sa kanya ang subpoena. She only knew about it when she came across the papers and secretly kept it. Ano po ba mangyayari sa subpoena niya? Will the process still continue knowing na hindi ni-receive nung in-law niya or hindi pinirmahan? hindi rin in-actionan ng friend ko yung subpoena thinking na it was never signed and parang ang labas eh, wala siyang alam na meron siyang subpoena. The case is just for a jewelry loan amounting to P4,500. Will the case for estafa pursue? What are the immediate actions that she needs to do? Aside from having a lawyer? She cannot afford one since she is unemployed and sick. Will an amicable settlement do? Ano po advise niyo tungkol dito, Atty.?
Looking forward to hearing from you the soonest. Maraming salamat po and more power!

The first thing your friend should do is get a lawyer since there is already a subpoena against him/her. If the Fiscal finds probable cause, it will be filed in court and chances are a warrant of arrest will soon follow. In the meantime, he/she can enter into a payment scheme with the Complainant in exchange for the dropping of the criminal complaint.

Also, He/she can prevent the issuance of the warrant if he/she is able to convince the Fiscal that the charge is without basis by filing a counter-affidavit to be filed within 10 days from receipt of said subpoena.

If a warrant of arrest is issued notwithstanding, your friend can post a bail for her temporary liberty. Then, his/her lawyer can take it from there.

Thank you po sa pag reply. Anyway, how long will it take for the process to pursue? kasi dapat pupunta siya sa prosecutor to file her counter affidavit nung August 10 pa. Eh kaso nga di niya na receive yung subpoena.

Sa ngayon kaya meron na siyang warrant of arrest for this? how long will it take for the warrant to come out? Possible ba na magkaroon ng warrant of arrest kahit hindi pa siya naka file ng counter affidavit? like her case na wala naman siya ni-receive?

she should go to the prosecutor's office asap. the case can be resolved even without a counter-affidavit. if it has not bee resolved, she should file a motion to admit her counter affidavit.