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will a case 9262 proceed even w/o any proper notice from the court oreven a subpoena?

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Biktima74


Arresto Menor
Good day Attorneys,
I have a W.O.A. Under 9262 and recommended for a bail of24k.
The thing is i havent recieved any notice nor warrant here in my house. Nalaman ko lang sya through mail na narecieve ko under prosecutin resolution.
Ask ko langpo,
1)may kakayahan po bang mag proceed ang ganitong kaso kahit walang notice from the court? Hindi po ba dapat eh, wellinformed ang both parties forthis proceedings?
2) gano p ba tumatagal ang case bago maresolutionan sa Rtc?
3) kung may Spa po ako, may kakayahan po ba akong lumabas ng bansa?
4) nahuli po ako sa pagpafile ng motion to review kasi should be 15 days upon notice, mayroon pa po bang way para ipareview ang ganitong unfair decision from prosecutor?

Maraming salamat po sa inyo at inyong site, sa pamamagitan nito ay marami ang natututo at nagiging listo sa kanillang karapatan sa lipunan na atin po ginagalawan. Mabuay kayo! Smile

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attyLLL


moderator
no, the case won't continue until you file bail or are arrested.


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Charles_026


Arresto Menor
Good day attorney.

I have been separated with my husband for more than 3 yrs now. We have 2 daughters and they are both in their schooling age under my sole care and support. my estranged husband have promised support (verbally) but have sent only a total of 15thou over the last two years he have been a seafarer (abroad; 5 thou a month for 3 months whenever he desires to send money). last march when he was on vacation, i again asked him to provide support (verbally again) but he has not sent anything since he boarded his ship again last May 2012.

Is it possible to file a case of economic abuse under RA 9262? Will the case prosper even he is not in the country? His contract usually is for 6 months but his agency gets to extend it up to 1.5 yrs as what happened last time

Grateful for any help/advice. thanks so much

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Charles_026


Arresto Menor
up ko lang po atty. grateful for your reply. Thanks and God bless

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attyLLL


moderator
yes, i believe a case will prosper. i recommend sending a demand letter first


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Charles_026


Arresto Menor
yes atty, i will.

thanks sa advice. its just the people at qc hall of justice are insisting that respondent is entitled to due process, and since my estranged husband is out the country, he may not be able to reply to any complaint i have. they are "predicting" the case will be dismissed without prejudice (exact words they said) because of our situation above.

atty, i hope u wont mind if i ask you to comment once more regarding preceding paragraph. more power to you po.



Last edited by Charles_026 on Sun Sep 23, 2012 9:52 pm; edited 1 time in total (Reason for editing : additional info inserted)

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Page Se7en


Arresto Menor
Good day Atty.,

Kapag po ba na release ang warrant of arrest (RA 9262) at nasa ibang bansa yung accused, pag bumalik sya ng Pinas possible ba yung hold departure order para sa kanya, and under what circumstances applicable yun? Thanks!

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attyLLL


moderator
charles, just file it. let him worry about that.

page, you can ask the prosecutor to file a motion for issuance of hdo


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ayesha1118


Arresto Menor
can i file concubinage kung inamin ng husband ko na nagka anak sya sa iba?
Anu po ang grounds nun? Sa ngayon bigla nyan sinabi na hiwalay na kami at wala
na daw akong karapatan sa kanya? Susuportahan naman nya daw ang mga anak ko
2 po ang anak ko? Pwede rin po ako manghingi ng financial support para sa
amin tatlo? Gulong gulo po ang isip ko sana mabigyan nyo ako ng advice.
Maraming salamat po!

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ayesha1118


Arresto Menor
advice naman pls. Need it so much sa ikakatahimik ng isip ko po. Salamat.

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attyLLL


moderator
the main problem here is evidence to prove concubinage. do you even know where they are living together?


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