Estafa/Reduction of Bail

good day!

sometime in January 2001 my aunt sued for estafa and the atty.in fact was my sister.
the case is all about the 77,000 that I owed them for non remittance of payment for real-estate sale. but the actual amount was to be reduced by 37,000 since i have made an advance payment to the property developer before they have filed the case.

I was not able to receive any demand letter, nor the subpoena, since everything was orchestrated by my sister, I just found out that someone within our bldg. received and signed those legal documents.

I was not aware that preliminary hearing before the fiscal was on going.

I was surprised to know that there is a court resolution stating that I am guilty and that a warrant of arrest is being ordered and to pay the bail of 23,000.

During the time when this case started, I am being treated for manic depression due several complexities that has affected by neurological and psychological system that triggered a psychiatric illness called Bipolar, which I still have up to now.

I only discovered that the warrant is still outstanding last May 2004 when I went to NBI to get a clearance for employment purposes. The person from the Quality department was nice and polite enough and advised me to go to Manila City Hall Docket section to verify if this case is still existing.

When I went there, I was informed that "you are at large" I can even call the authorities to arrest you.

I told the person from that department that I have an aunt who is working at Manila City Hall and she told me to take care of this and pay the bail or get a bail bond.

I was not able to comply with that due to financial hardship.

At present, my sister who acted as the attorney in fact left for abroad and my aunt who is the primary complainant is still overseas.

The latest document that I got is a warrant of arrest from the Regional Trial Court, meaning it was escalated from the City Prosecutors Office.

*Also I found out that I have a hold departure order because of that case.

I did not issue any checks, it was only a document that I signed to acknowledge that I have received this sum of money from my aunt.

Now, I am planning to leave for overseas to work, but this situation hinders me.

1) I would like to ask, if "Motion to Reduce Bail" possible, since I find 23,000 too high for the amount involved was only 77,000?

2) I was also told that since both of the complainants are no longer interested to pursue the case and are overseas, we can request to open a trial and that after 3 hearing, non of those complainants or their attorney in fact were able to present themselves before the court, the case will be dismissed?

3) As soon as the case has been decided in favor of me, how long will be the processing time for me to be able to lift the hold departure order as well as availing myself an NBI Clearance?

Thank you very much and I look forward to your reply in my query.

Have a blessed day!

France

1) you can certainly file a motion to reduce bail, but it is up to the court whether it will approve it. offer at least half.

2) yes, it is possible. but before hearings, there will be mediation first.

3) after the case is dismissed, bring a copy of the order to the nbi so you can get clearance.

Hi,
My friend was informed that an arrest has been served 3 days ago. He did not receive and sobpoena, thats why he did not have a chance to defend himself. But, clearly he is inoccent and was just used by the other defendant. Now he requested for a bail reduction, does it require the defendant be arrested first to process this? And how long will the motion for reduction of bail be approved?
I hope justice will be serve because he is very inoccent and this situation is very unfair to him.
Thank you.

@danyap

Yes the accused must be arrested first so that the court can acquire jurisdiction over his/her person and only then can it act on the Motion for Reduction of Bail. Posting of bail seeks provisional liberty so it presupposes that the person posting is under detention.

How long? it depends because it is even discretionary on the part of the court to grant the reduction the bail. To better persuade the court, usually accused offers half (or even more) of the recommended bail and in form of cash. In some court, they require that the motion for reduction must be furnished the prosecutor for his/her comment/objection.