Qualified theft but the accused is now overseas

tedsanwa · 1 Qualified theft but the accused is now overseas Sat Jul 02, 2011 9:40 pm

tedsanwa

Arresto Menor

Posts : 1
Join date : 02/07/2011

My sister was accused of qualified theft by her ex-boyfriend but she is now working overseas when she received the complaint. She was accused of stealing and holding passport, US ID's and USD1,000. My questions are: (1) what will happen to the case if my sister is in another country, (2) can she still defend herself even if she is not physically present, (3) can the case be dismissed if she is not in the Philippines.

I hope you can answer my questions.

Thank you in advance.

lOst_StuDent · 2 Re: Qualified theft but the accused is now overseas Sun Jul 03, 2011 9:20 am

lOst_StuDent

Prision Correccional

Posts : 116
Join date : 26/10/2008

1. The case may still be filed in the court. If there is probable cause, the judge will issue a warrant of arrest. Since you sister is abroad, the warrant will not be served but it will remain outstanding.

2 and 3. To effectively defend herself, she must submit to the court's jurisdiction. If she is not arraigned, the case will not proceed. However, there are motions that can be filed to quash the warrant of arrest or dismiss the case.

Qualified theft but the accused is now overseas

1 Qualified theft but the accused is now overseas Sat Jul 02, 2011 9:40 pm

tedsanwa

2 Re: Qualified theft but the accused is now overseas Sun Jul 03, 2011 9:20 am

lOst_StuDent