case filed in fiscal for estafa-will warrant of arrest be issue without conter affidavit?

Hi atty, would like to ask po. If ngfile ng case sa fiscal like estafa case,

1. agad agad ba mag iisue ng warrant of arrest ang fiscal?

2. If nde naman, Ilang days po ang ibibigay ng fiscal sa accused para mg submit ng counter affidavit?

3. If nakapagsubmit na po, at napaliwanang ang totoong ngyari, mgatutuloy po ba ito sa court?

thanks po atty,
mom12

1) no
2) 10, but you can ask for extension
3) it's not just by submitting, you have to convince the fiscal that what you say is true, especially if you have evidence

hi po, pwede po ba ako mgsubmit ng affidavit ng walang kasamang lawyer?

yes, you may, just be clear in what you say in your affidavit and give counter-evidence. better if you have witnesses.

gud am atty.. galing po kse ako s dubai nung 2009.. nagkaron po ako ng loan dun. ang problema po, tinanggal kami s trabaho dahil s global crisis at pinauwi kami dito s pinas.. gusto ko man syang bayaran pero wala po ako trabaho pa po.. tumatawag sila s house namin palagi at nagpapadala ng sulat pero di ko po nasasagot.. anu po b dapat ko gawin..

http://www.pinoylawyer.org/t2761-default-payment-in-dubai

http://www.pinoylawyer.org/t2092-unpaid-loan-in-the-uae#7815

ah ok.. bale po kailangan ipanotaryo ko sa atty po tama po ba?

if nkapagpasa na po ako ng counter affidavit.. mgiisue pa po ba ng warrant of arrest ang court o irerequire lang ako na umated sa hearing?

your affidavit will be notarized before the fiscal.

it depends on the resolution of the fiscal if he believes you are probably guilty, and of what crime.

atty.. hindi ko po mainitindihan.. sorry po..
"your affidavit will be notarized before the fiscal"
sa piskal na po ba papanotaryo yun o sa atty sa labas? pasensya na po..

you will swear to your affidavit before the fiscal. do not have it notarized with anyone else. you go to the prosecutor's office on the scheduled date and pay the oath fee of P50, then swear before the prosecutor

Have this question again po. got mail from DOJ, the complainant push for consumated esfata.. but the fiscal denied the complaint due to unauthenticated list of trade payables. does complainant still can use po yung evidence na sinasabi nila sa refiling ng case since nadeny po siya ng fiscal?thanks po

The complainant filed a case of Estafa (pph20,000.00) against Mae. Before arraignment, Mae told the complainant that she is willing to pay the capital inclusive interest in order to end her anxiety. However, the complainant contended that she does not need the money anymore and opted for conviction for the Mae. Atty, is the contention of the complainant tenable?

mom12, did the fiscal already dismiss the case? if not, then there may be other evidence that can be based upon. if not, then their remedy is to file a motion for reconsideration then later an appeal to the secretary of justice

joe, they will have mediation, but the complainant cannot be forced into a settlement. hopefully, there is JDR there. the judge will be more convincing.

Atty what does the accronym JDR stand for?

judicial dispute resolution. you will be mediated by a judge.

A case of Estafa was filed by the complainant where the capital of the money borrowed is only Pph20,000.00. The money borrowed by the respondent was also secured by a postdated check which later bounced upon presentment by the complainant with the payee bank. Assuming that an Information was filed, in what particular court would have jurisdiction to hear over the case?

The charge in the Information was Estafa (php20,000.00 plus damages) and violation of PB 22.

in your situation, what will be the charge on the information?

Hi Atty,
Case was filed at MTc po for attempted estafa kasi set up po yung ngyari samin para lng mgkaron sila ng maikakaso samin. bale at first ngfile ng complainant estafa yung complainant pero attempted lang yung pinayagan ng doj kasi nde naman na encash yung checke na ginamit nila against us. On going na yung kaso sa mtc. tapos itong si complainant ng file ng motion for reconsideration para maging consumated estafa using same evidence na pinasa dun sa attempted estafa. kaso po ang decision ng doj sa motion for reconsidaration para sa consumated estafa ay denied due to unauthenticated list of trade payable "remitance check".. pano po yng? mkakapagfile pa po ba sila ulit?since ongoing na po yung attempted estafa?thanks po atty..

mom, did you reach this far without having your own lawyer? you really should direct these questions to him.

looks like only the attempted estafa charge prospered so it will continue. they can file a petition at the court of appeals to raise the charge to consummated estafa.

actually, i tend to agree that it should be attempted only because, no damage was incurred if the check was not encashed.

gud day po atty.,
question lang po. I have a friend who was charged with estafa and he was sent a subpoena which required him to appear on 04/14/11. but as it turned out he did not appear before the prosecutor on the said date. He told me that he was afraid that they'd throw him directly to jail for he did not have any money even for a partial payment if the complainant would require it. I'm trying to help him out but I'll need a little bit more time to raise some money. Will a warrant for his arrest be issued immediately and would it be enforced immediately rin if it gets issued? thank you po atty and godbless.

not a smart move. if there is a second hearing, he should appear and ask for time. if not, file a motion to re-open and file a counter affidavit.

only after a finding that there is cause to hold him liable, and the judge issues a warrant can he be arrested. that takes time but it runs faster if the respondent does not appear.