Theft commited in Savemore

We have a family member who commited theft at Savemore here in Insular Square, Mandaue City, Cebu. Total amount shoplifted was exactly P1165. He was caught right outside Savemore premises by two guards.

He was held in the security office to fill up an incident form and to list the items stolen which amounted to the aformentioned total.

He was also given a chance to pay off the amount so they could go for a less hassle approach. Unfortunately, he didn't have sufficient amount of money to pay it all off and no one called help him right away. So he was sent off to the nearest police station and was detained 3 days and 2 nights.

We have already processed a bail-out for him with an amount of P3500. And his Arraignment and Pre-trial will begin on May 8, 2018.

My question here is, is there a way for him to avoid jail-time and a bad record? Some people suggested a process of settlement between SM and the accused, paying an amount the would suffice for the damage done.

Please, it would be great help if someone could assist us with this. Thank you.

Yes, try to settle out of court and avoid having a case filed against him. contact savemore management and see if they will be willing to settle.

@xtianjames
SM has already filed a case against him. Like i said, the Arraignment and Pre-Trial will be on May 8. So what options do we have?

Apologies as I overlooked this part. Anyway, if a case was already filed against him, I don't think you can do anything to avoid this case being reflected on his records regardless of the outcome. His record will just show what happened to the case (dropped, charged or found not guilty).

Your option will be to negotiate with SM on the pre-trial and if both parties agree, the case will be dropped. If no settlement has been agreed by both parties, the case will proceed.

@xtianjames
Well, what i meant with "records" was like NBI and Police Clearances. If we settled with SM, and they withdraw the case, would it reflect on his NBI and Police clearances? Also, is it still possible for the case to be withdrawn by SM?

The record I'm speaking of is also his NBI records. Once this case gets resolved, it will reflect on his NBI clearance that a case was filed against him and it will also show the final judgement of the case.

yes it is still possible to have the case dropped by SM if they will be willing to settle. Have you ever reached out to SM again after the case was filed?

@xtianjames
I tried contacting SM Cebu City and they mentioned to go back to the Savemore branch in where the incident took place in order to file for a settlement with them. I don't know if they have any real power to make a settlement with us since they are not the main branch and have no legal service or department in that mall.

So do tell me what the process would be like. He's already scheduled for Arraignment and Pre-trial on the 8th of May, and it isn't qualified theft since it isn't a "strong confidence put upon him" case. If he ever has to come to the stands, is it advisable for him to plea not guilty? In order to give time for a settlement between us and SM. So sorry, we don't know the course of action and are pretty rattled with how the process goes with what's our best course of action.

at the hearing, the judge will ask you to enter into a settlement. that is the best opportunity if you cannot do it before the hearing

attyLLL wrote:at the hearing, the judge will ask you to enter into a settlement. that is the best opportunity if you cannot do it before the hearing

What other things should I note of when the pre-trial starts? Like what should the accuser say beforehand? Like will he be provided a public lawyer? Or does he have to say that he pleads not guilty first, before given an option to make a settlement? If it is no hassle, it would be much help if I would know how the whole pre-trial would go from start to end.

Anyone can help us out? I know we will be provided a PAO or public lawyer but what actually happens during the arraignment? Will the judge really give him an opportunity to make a settlement with SM? Will there be sufficient time for the accused to speak and consult with his appointed lawyer? I need to know how the arraignment and pre-trial hearing would actually go because it'll happen tomorrow.