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Estafa case filed while abroad (OFW)

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1 Estafa case filed while abroad (OFW) on Tue Sep 25, 2012 2:53 pm

worriedofw


Arresto Menor
Pls advice me as I really don’t know what to do, 2009 or 2010 my Aunt filed an estafa case against the 3 of us, my other aunt,her daughter and me,just yesterday my aunt received a resolution letter from the quezon city prosecutors office telling we have been charged of estafa art.315 1b, and that the bail is 40k for each. My question is,since she filed the case, I was already working abroad (2008) (and that was indicated in the letter that I am working abroad)how will I post my bail since I am here, the amount involve that she is claiming is around 250thousand pesos, I have read that the bail should be 40k for this,and I have also read that we can ask for a reduced bail. Actually she has a townhouse which was being rented for 9,500 per month, and she is claiming that the balance in her bank account doesn’t match what amount she is expecting, we paid for the maintenance and repairs and for her property taxes, this has receipts,but we cannot show the receipt whenever she is giving money to our other relatives, as she is just calling (she stays in Japan) and instructing via phone call to give this said amount to this certain person,like if one relative asks for financial help if sick or something. So my question now is, as this resolution letter informing we have been charged for estafa and we need to bail for 40k each,supposed we have asked for reduced bail and granted, by the way this aunt who filed a case, is a drug user and was confined in a mental hospital in japan, even her own daughter has filed a case in the police in japan as she pointed a knife in front of her own grandchildren.
1. How can I defend myself since I am abroad and under contract here and cannot return right away, I know I can also file for motion for reinvestigation since I was not here the time they have preliminary hearings, but also I don’t want to be bothered as I am a single mom working for 2 kids, so what is the best way that I should do?
2. If I need to pay the bail,how will I pay the bail since I am here?
3. What will my aunt and her daughter do since they cannot really pay that bail , as my aunt is just a jobless widow, and her daughter being a singlemom,
4. What will happen after we receive this resolution letter
5. If we ask for mediation when should we do it?
6. Please advice us, as we don’t have enough money to pay for a Lawyer for legal advice/assistance
Thank you very much,hope to hear from you the soonest.

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2 Re: Estafa case filed while abroad (OFW) on Tue Sep 25, 2012 8:25 pm

attyLLL


moderator
1) if not motion for reinvestigation, then trial
2) only when you return
3) find a way to raise bail or stay in jail if they are arrested
4) case will be elevated to court and then court will issue warrants of arrest
5) after pre-trial


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3 Re: Estafa case filed while abroad (OFW) on Tue Sep 25, 2012 10:21 pm

worriedofw


Arresto Menor
thanks a lot.

if we will talk to the complainant, and she agrees with us, can she make an affidavit of dessistance? for it to be dismissed? what advice can u give? i dont want the hassle of attending this hearings and be on HDO because i am working abroad. because our relatives now are mediating,maybe she will not pursue the case. thanks again,hope to hear from u again,

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4 Re: Estafa case filed while abroad (OFW) on Fri Sep 28, 2012 5:34 pm

attyLLL


moderator
yes, an affid of desistance is possible in estafa cases, but the court may still require you to appear


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5 Re: Estafa case filed while abroad (OFW) on Fri Nov 16, 2012 11:04 pm

worriedofw


Arresto Menor
atty, the warrant came and it was reduced to 15k each, can they pay for my bail even im out of the country? actually the complainant is not anymore interested to pursue the case but she is in japan, the court said we need to post bail then she can file desistance or if she cant attend we can file motion to dismiss, what can happen to me since im here abroad i cant really come to attend. will the case go on and be dismissed even if i dont attend? thanks alot po

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6 Re: Estafa case filed while abroad (OFW) on Sat Nov 17, 2012 12:40 am

worriedofw


Arresto Menor
pde po ba na umusad ang kaso khit po ung tyahin ko at pinsan ko lng mag bail kc nga nsa ibang bansa ako?at madismis dhil nga po di na itutuloy ng ngreklamo ung kaso kc po kung di sya mkkauwi pra mag file ng desistance sabi nila pde daw ma dismis din dhil di nmn sya aattend s kahit anong hearing. o kailangan ko din po ba mag post ng bail khit nnd2 ako s ibang bansa? thanks po

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7 Re: Estafa case filed while abroad (OFW) on Sat Nov 17, 2012 10:59 am

attyLLL


moderator
yes, it can proceed, but only against those who file bail. the court cannot dismiss it as to you unless you personally file bail.


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8 Re: Estafa case filed while abroad (OFW) on Sat Nov 17, 2012 3:10 pm

worriedofw


Arresto Menor
so what do i need to do? since i cant really go to phils as i still am working and have a contract until 2014? my cousin said that my aunt who sued us will file a desistance, will that also include me since she is suing the 3 if us before?

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9 Re: Estafa case filed while abroad (OFW) on Sat Nov 17, 2012 3:11 pm

worriedofw


Arresto Menor
thank u very much po

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10 Re: Estafa case filed while abroad (OFW) on Sun Nov 18, 2012 1:53 pm

attyLLL


moderator
if handled properly, and the judge will allow it, it can be done.

the desistance has to be in favor of all accused and presented during the arraignment.

hopefully the court will dismiss the case even as to you. if not, you'll have to wait until you come back but it should be dismissed also because the desistance included you.


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11 Re: Estafa case filed while abroad (OFW) on Sun Nov 18, 2012 3:36 pm

worriedofw


Arresto Menor
thank u very much po uli. Sir,is it ok can u send me a private message so that i can send u some of my private concerns. again,thanks alot

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12 Re: Estafa case filed while abroad (OFW) on Mon Nov 19, 2012 1:25 pm

worriedofw


Arresto Menor
wala po kc kmi lawyer ung pinsan ko lng po kc nag aasikaso ng bail ng nanay nya at kapatid nya, ano po b ang mas maganda gawin kc nsa japan po ang complainant, she is willing to sign the affid of desistance but does it needs to be attestated by phil embassy in japan, d nmn po sya ofw bale may asawa po syang hapon or make the case move since wala nmn daw sya balak umattend so meaning po b nun madidismiss n lng ang case? kc po surety bond lng po for 1 yr ung bbyaran nila mmya n 15k each na sbi mag expire in 1 yr. pls po atty advice us what is the best way. ang balak po kc ng kuya ko sya na ang magpapagawa ng affid of desistance at pipirmahan ng complainant ippdala s japan, pde po b un? kc po may tao n pinsan din nung complainant n may SPA pero wala po s authority nya na iurong pde po settle issues lng. pls advice us po. salamat po ng marami

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13 Re: Estafa case filed while abroad (OFW) on Fri Nov 23, 2012 11:27 pm

attyLLL


moderator
either way is possible. the affidavit of desistance to be signed before the ph embassy or they just attend hearings until case is dismissed.


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