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Warrant of arrest from RA9262

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1 Warrant of arrest from RA9262 on Sat Jul 28, 2012 4:41 am

arrong


Arresto Menor
Hi Atty,
I have a warrant of arrest from RA 9262. I am an OFW,
It is all about the a child from a married woman ( not me). I didn't acknowledge the child on his BC since I am not sure it was mine. However, they always showed up in our family gatherings and introduced the child as mine. My families recommend to me to send the child to school because they said the child looks like us (Faces). Therefore, I agree on the proposal of my family. During the school season the child will stay on mom house and will only see or stay on his mom during non school days. However, during my mom absence, the child mom stayed in our house and I told the child to have his mom leave the house but they resist and yet keep on asking expensive food and things for personal and school use. I get angry and stop sending money for the child. They left the house then they build and filed case against me .. Sec.5 of RA 9262. Now they have the case and the warrant already issued. All these things happen while Im abroad. I didn't see any notice that i am being accused of wrong doing.
Now, I see the copy complain and it shows on the child BC the date of marriage and the child bears my Family name.

Now, I consulted a lawyer. He said, we can file a Motion to quash information because the court has no jurisdiction to acquire me - and if granted the case will dismiss and the warrant will be recalled- is this feasible?

My lawyer ask for 50K as acceptance fee - is this reasonable?

I am an OFW and not a Congressman of the Republic of the Philippines - they draft this law.
I suffered loneliness and verbal abuse just to earn money for my family.

How can the stone head ( sorry, I'm angry) prosecutor affixed the simulated BC of the child ( without QUESTION) and issued a warrant that the recommended bail bond is 80K. At my status this sum of money could cause lives to me - I very frustrated with our laws and how it is being interpreted and delivered. Its look like business and not for the welfare of both party. Sorry, It burst my anger, I can't hold it Very Happy.

I hope you can help me with my problem.

BIG thanks,

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2 Re: Warrant of arrest from RA9262 on Sat Jul 28, 2012 10:05 am

attyLLL


moderator
cost of lawyer really depends on which lawyer your retain. 50k is a big amount, but it all depends on the lawyer's skill.

if i were your lawyer, my first step would be to file a motion for reinvestigation so you would be allowed to file a counter affidavit.


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3 Re: Warrant of arrest from RA9262 on Sat Jul 28, 2012 11:58 am

arrong


Arresto Menor

Atty LLL, Thank you.
I have followup question.

We're in western Visayas and my lawyer is not on a firm or with group, How much would be the reasonable fee. Until now I am still negotiating with him on how to move forward and I am still abroad.
He told me also to file criminal case for simulation of BC and civil case for the damages when am already in our land.

Why it can't be in one case, because separated filing of case will cost me a lot of money.

I want to clear this miss and to stop this woman from tailing me.

What would be the advantage and dis advantage of MOTION TO QUASH INFORMATION and MOTION FOR REINVESTIGATION?
I hope you can spend more time for my understanding.

Please help me.

Big Thanks

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4 Re: Warrant of arrest from RA9262 on Fri Aug 03, 2012 11:17 pm

attyLLL


moderator
location is just one factor. it's dangerous to discuss very specific matters without knowledge of the specifics.


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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