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Qualified Theft - Complaint-Affidavit

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1 Qualified Theft - Complaint-Affidavit on Fri Jun 25, 2010 2:29 pm

pretty_baby


Arresto Menor
Dear Sir/Madame:

Could i please have a sample of Complaint-Affidavit for Qualified Theft and Estafa?

Thank you very much!

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2 Re: Qualified Theft - Complaint-Affidavit on Fri Jun 25, 2010 3:43 pm

It's like any other affidavit..just narrate in your affidavit the facts(the suspect, the crime, when, where and what was stolen or embezzled)



Last edited by admiral thrawn on Fri Jun 25, 2010 3:56 pm; edited 1 time in total

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3 Re: Qualified Theft - Complaint-Affidavit on Fri Jun 25, 2010 3:50 pm

pretty_baby


Arresto Menor
thank you very much!

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4 Re: Qualified Theft - Complaint-Affidavit on Fri Jun 25, 2010 6:57 pm

attyLLL


moderator
the facts of your affidavit should show the elements of theft:

The elements of the crime of theft are the following: (1) there was a taking of personal property; (2) the property belongs to another; (3) the taking was without the consent of the owner; (4) the taking was done with intent to gain; and (5) the taking was accomplished without violence or intimidation against the person or force upon things.

and the theft was qualified because of the existence of any of the following circumstances:

if committed by a domestic servant, or with grave abuse of confidence, or if the property stolen is motor vehicle, mail matter or large cattle or consists of coconuts taken from the premises of the plantation or fish taken from a fishpond or fishery, or if property is taken on the occasion of fire, earthquake, typhoon, volcanic erruption, or any other calamity, vehicular accident or civil disturbance.


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5 Re: Qualified Theft - Complaint-Affidavit on Mon Jul 05, 2010 2:04 pm

nalilito


Arresto Menor
paano po kung naibalik ko nman po lhat ng amount n cnbi nila... tpos naterminate, after 2 months nagreklamo cla....

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6 Re: Qualified Theft - Complaint-Affidavit on Mon Jul 05, 2010 2:05 pm

nalilito...ikaw ba yung respondent sa kaso ng thread starter?

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7 Re: Qualified Theft - Complaint-Affidavit on Mon Jul 05, 2010 2:23 pm

nalilito


Arresto Menor
inde po...

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8 Re: Qualified Theft - Complaint-Affidavit on Mon Jul 05, 2010 2:26 pm

nalilito


Arresto Menor
gusto ko po sana mgpadala ng letter of appeal sa dati kong employer, ok lng po ba un????

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9 Re: Qualified Theft - Complaint-Affidavit on Mon Jul 05, 2010 9:42 pm

attyLLL


moderator
what do you mean nagreklamo? did they file a complaint at the prosecutor's office? barangay? police?


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10 Re: Qualified Theft - Complaint-Affidavit on Tue Jul 06, 2010 11:06 am

nalilito


Arresto Menor
they file complaint at prosecutor's office...

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11 Re: Qualified Theft - Complaint-Affidavit on Tue Jul 06, 2010 7:55 pm

attyLLL


moderator
i don't recommend going straight to the employer. it is best to retain a lawyer to help you prepare your counter affidavit. you can try to argue that the amount was a loan and it was already fully paid for.

are you charged with qualified theft or estafa? estafa is mediatable meaning you can settle, but qualified theft is based on the discretion of the court if they will allow a settlement.


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12 legal advice on Sun Aug 22, 2010 11:24 pm

mike peral


Arresto Menor
saturdays and sundays ba ay kasama sa pgbilang sa reglamentary period of detention ng suspect sa inquest?



Last edited by mike peral on Sun Aug 22, 2010 11:37 pm; edited 1 time in total (Reason for editing : no reply)

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13 Re: Qualified Theft - Complaint-Affidavit on Sun Aug 22, 2010 11:34 pm

mike peral


Arresto Menor
pretty_baby wrote:Dear Sir/Madame:

Could i please have a sample of Complaint-Affidavit for Qualified Theft and Estafa?

Thank you very much!

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14 Re: Qualified Theft - Complaint-Affidavit on Tue Aug 24, 2010 12:40 am

attyLLL


moderator
mike, in my experience this has been a questionable matter and the answer depends on the circumstance whether there is a duty fiscal available during weekends in the place where the prisoner is detained. in my opinion, if there is none, then it is impossible for the arresting authorities to file the complaint at the prosecutor, hence the period for computing arbitrary detention should be suspended until monday morning.


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15 Re: Qualified Theft - Complaint-Affidavit on Mon Sep 06, 2010 8:05 pm

anna may


Arresto Menor
Hi po! when i was 14 years old i was accused for qualified theft naglayas po ako sa amin that time. i was detained for 2 weeks tapos someone has bailed me. the case was filed in court and it lasted for 4 years. i was 18 then ng magkaroon na ng decision ang court. retired na po yung judge na may hawak ng case ko kaya sa ibang courtroom na lang ako binasahan. i was sentenced for 1 month imprisonment and agad nag file ako ng probation. tinawag ako ng clerk ng court na may hawak ng case ko. sabi nya i wasn't sentenced because the judge find me guilty. gusto lang ng judge na magtanda ako kasi ayaw nya sa mga batang naglalayas at hate ang pamilya nila.
i wanted to go abroad pero takot akong kumuha ng clearance sa NBI.
last year i went to the NSO to get my BC pero walang naka register na name ko. umuwi ako sa bayan namin at napag alaman na may mali sa apelyido ko. tapos kumuha ako ng Baptismal Cert. mali yung birth date ko.
if i use my surname using the one registered sa Local Civil Reg. will it appear na may record ako sa NBI?
please help po...

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16 Re: Qualified Theft - Complaint-Affidavit on Tue Sep 07, 2010 10:46 pm

attyLLL


moderator
when was this decision rendered? i'm thinking you should have been absolved because you were below 15 when you supposedly committed the crime.

anyway, what i recommend is that you first acquire a copy of your birth certificate from the NSO using the name registered on the certificate you found in the local civil reg then apply for your nbi clearance using that name.

you are actually not supposed to use any other name than that written on your birth certificate. this may actually be a blessing in disguise for you.


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17 Re: Qualified Theft - Complaint-Affidavit on Wed Sep 08, 2010 5:25 pm

anna may


Arresto Menor
hi! this happens 15 years ago. i don't know any legal procedure that time since i was only 14 and alone. the complainant just bring me to the police station and stated i've stolen her blah blah blah. my complainant was my arresting officer kasi ayaw ng mga police na madamay. the policemen wanted to help me and a lot of people when i had my medical examination. the prosecutor na nakakita sa akin even offered me his help na kausapin kung saan mang rtc branch dinggin ang kaso ko. but i was confused and crying silently i don't want to call help from my family kasi 1 year na rin akong naglayas. i'm not a criminal naman po. if i've done mistakes in the past yung pagiging rebelde lang naman.
it took 3 court trials when someone from DSWD handles my case pero ewan di ko na sila nakita after a year. and my complainant too did appear 3 or 4 times. a lot of people did ask why it took 4 years bago nagkaroon ng decision wala naman akong maisagot kasi wala akong alam.
sabi nila may batas daw na hindi na pwedeng makulong yung minor de idad. ewan...my lawyer didn't tell me naman. tapos bakit ganun lang yung sentence ko "qualified theft" yung case tapos may dapat akong bayaran pero di naman ako pinagbayad. i thought huhulihin na ako right after the decision kasi may police pero hindi naman.
i've heard pwd ako mag file ng motion for reconsideration. kaya i asked my lawyer pero sabi nya wag na daw ok na yung sentensya ko 1 month lang daw. baka pag nag file ako ng motion for recon humaba pa yung sentensya.
i really wanted to fix this mess sa buhay ko. kasi every time i looked at the mirror i can't believe na nangyari yun sa buhay ko. ang dami kung sinayang at nasayang na opportunity dahil sa hiya na i'm an ex-convict. wala naman talaga evidence na nagnakaw ako. yun lang testigo na ewan ko bakit sumulpot bigla sa eksena. tapos nung kinausap ko sabi "sorry" may utang kasi pamilya nila sa complainant kaya ganun. alam ng clerk of court na mali2x yung sinasabi ng witness sa pinagkakalat ng complainant.kasi narinig nila pag uusap namin b4 the hearing. pro di nman daw sila pwd makialam. kaya they advised me kausapin dpat ng nanay ko yung judge. eh, di ko naman mahagilap nanay ko. kaya hinayaan ko na lang na ganun.
ang hirap2x talaga sa loob ko. i've consulted some lawyers ayaw maniwala nagbibiro daw ako. kaya eto...for 10 long years i can't find a stable job kasi takot ako baka one of their req. is NBI clearance. ang tagal ko din nag search dito sa internet ng sagot at nag email eto pa ang first time na may nag reply.

salamat talaga! sobrang na appreciate ko ang sagot nyo. God Bless sa inyo and maybe you're right na it was a blessing in disguise na may mali sa surname ko. Smile

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18 Re: Qualified Theft - Complaint-Affidavit on Wed Sep 08, 2010 7:31 pm

attyLLL


moderator
ah, back then, the law was different. it was possible to convict a 14 year old. now, anyone below 15 is exempt from criminal liability.

as hard as your punishment was, there is nothing you can do about it now because the decision has reached finality. I recommend that you let it go and move on.

again, you can apply for an nbi clearance using the name on your birth certificate. i hope it will come with no record. good luck.


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19 Re: Qualified Theft - Complaint-Affidavit on Tue May 31, 2011 3:50 pm

Abloy


Arresto Menor
I believed that the confidentiality clause of RA 9344 will retroact on this case even if it happened 15 years ago since it is favorable on the part of the accused. His case should not show up on the NBI listings anymore.

"SEC. 43. Confedentiality of Records and Proceedings. - All records and proceedings involving children in conflict with the law from initial contact until final disposition of the case shall be considered privileged and confidential. The public shall be excluded during the proceedings and the records shall not be disclosed directly or indirectly to anyone by any of the parties or the participants in the proceedings for any purpose whatsoever, except to determine if the child in conflict with the law may have his/hes sentence suspended or if he/she may be granted probation under the Probation Law, or to enforce the civil liability imposed in the criminal action."

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20 Re: Qualified Theft - Complaint-Affidavit on Sat Jun 18, 2011 3:05 am

Tonton


Arresto Menor
Pano po ba ang procedure ng pagpafile ng qualified theft case. I have a store and I found out that employee assigned of vault handling and of depositing of sales failed to deposit several days sales. The total amount he had taken amounted to P 60,000. He admitted verbally and in writing that he had taken the amount for personal use. I had reported it to the nearest police station for the blotter. I want to file a case against him - where should I go to do this? What are the procedures. I have with me as the evidences the summary of undeposited sales, the copy of the passbook, the written admission of my employee duly signed by him and by another employee who was a witness when I conducted the interrogation, the police blotter report, the cash register machine readings and the cash count notebook indicating the amount of cash they have counted after store hours which up to now remain undeposited and the copy of her acceptance of the responsibilities of sole vault handling and of depositing of the sales the banking day following the date of sales.



Last edited by Tonton on Sat Jun 18, 2011 3:07 am; edited 1 time in total (Reason for editing : typo error)

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21 Re: Qualified Theft - Complaint-Affidavit on Sun Jul 24, 2011 4:40 pm

ivy colili


Arresto Menor
Hello Sir,

This is just purely academic concern. May I ask for an advice how could a domestic servant who was caught of taking a pail of bangus from a fishpond of his employer? Is there any possible way for him to be acquitted?Smile What could that be?

Thank you so much.

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22 Re: Qualified Theft - Complaint-Affidavit on Sat Sep 24, 2011 2:07 am

Abloy


Arresto Menor
ivy colili wrote:Hello Sir,

This is just purely academic concern. May I ask for an advice how could a domestic servant who was caught of taking a pail of bangus from a fishpond of his employer? Is there any possible way for him to be acquitted?Smile What could that be?

Thank you so much.

Hi Ivy,

In criminal offenses, intent is a material element.. If the domestic servant can prove that there was no malice in the taking of a pail of bangus from the fishpond, then he/she may be acquitted of the offense charged.

Hope it helped.

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slipknot


Arresto Menor
hi, dati po nagtatrabaho ang asawa ko sa isang bangko 25 years old sya noon,tapos nagkaroon po ng issue na may nawawalang pera ang client,tapos po nagkaroon po ng investigation, hangang sa nainvolved po ang asawa ko,kasi ang password nya ang nandoon sa computer,para malaman kung magkano ang balances ng client.eh ung password eh kung sino sinong officemate nya ang gumagamit.which is bawal sa kanila ang sharing ng password.kaya lang sila nagsshare ng password para mapabilis ang trabaho. nagkaroon ng investigation nga pati siya ay inimbistigahan. lagi sya pumupunta sa head office.nagkataong buntis sya noon at hindi pa alam ng kanyang mga magulang. hirap na hirap na siya sa pag iisip.pinwersa siyang papirmahin sa di ko alam na kung anu mang papeles yon basta pinirmahan na lang nya.na parang pag amin na rin nya na involved sya sa pagkuha ng pera.para matapos na ang lahat.at babayaran na lang nya yung ibinibintang sa kanya.

yung nagrereklamong client ay binayaran muna ng bangko.
tapos sya ngayon ang may utang sa bangko.kinasuhan siya ng qualified theft.

naterminate sya sa trabaho. at umuwi na lang dito sa probinsya, kasi buntis na din sya.hanggang sa lumaon ang ilang buwan ay may naghahanap na sa kanyang pulis may dalang warrant of arrest..hangang sa nagtago na siya, at nagbail na lang muna,at hinarap ako problemang hindi naaayon sa kanyang pagkatao.

pilit niyang makipag ayos sa bangko na babayaran na lang nya ang dapat bayaran para matapos na, kasi hirap na hirap na ang kanyang kalooban.(hindi nya babayaran ang bangko para sa inamin na nya ang kasalanan,babayaran na lang nya to para matapos na ang problema). ayaw makipagkasundo ng bangko, gusto talaga sya makulong, ano po dapat gawin march 15 po ang hearing nya. hindi ko po alam kung bakit ayaw makipagkasundo ng bangko.di ko po alam kun ano ang mga ebidensya nila gagamitin laban sa asawa ko. alam ko wala kasalanan ang asawa ko dito.di po nya magagawa to. ang alam ko po eh binaligtad sya ng kanyang mga kasamahan.at ang suspect nila nung una eh bigla na lang naglaho,kinausap muna ang manager nila bago bigla na lang naglaho.ano po ba strategy gagawin.para makumbinse ang hurado na wala talaga kasalanan ang asawa ko?

pwede po ba magkaroon ng motion for reinvestigation?

kasi yung talaga tunay na involved dito eh nawala na.2 po yun ung isa eh nasa ibang bansa na.kaya ayun sya na lang ang idiniin.sana matulungan nyo po kami.kawawa naman po ang anak namin.at naaawa na ako sa kanya.sana naintindihan nyo ang aking salaysay.litong lito na ako.pasensya na po at salamat God Bless



Last edited by slipknot on Wed Nov 16, 2011 3:38 pm; edited 1 time in total (Reason for editing : typographical error)

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24 Re: Qualified Theft - Complaint-Affidavit on Tue Oct 16, 2012 4:37 pm

wenah81


Arresto Menor
Dear Sir / madam;

I would like to know what are the scenarios or act that you considered as qualified theft? heres the scenario we have from son of my servant.

He work as a bodegero and sales clerk in a small time retail store in a public market as a stay-in employee. every 6am in the morning they are to display this sack of rice in the store, they have pull it out in the bodega and put in the store. The owner called the police last friday 6am to arrest him because he get a sack of rice. but the rice was not stolen because it was in their bodega beside the store because for display.
The bodegero was arrested from friday till .the case was filed yesterday 10:30am as qualified theft. fyi the bodegero was uneducated and don't know any idea what happen. when the parents ask the owner what happen they told them that they will withraw the case if their son will stand as a witness for their case against their neighbor but the boy did not agree to be a witness because he doesn't know everything.

Now, there is an order from fiscal that the bail amount is 24,000.

my queries are: in this case could it be a qualified theft even though there was no stolen item/property?only accusations? is there way that the bail amount will be lower because there was not items being found in his custody upon arresting process. what will be our next move to be done in this? thanks

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25 Re: Qualified Theft - Complaint-Affidavit on Tue Oct 16, 2012 9:29 pm

attyLLL


moderator
you claim that the stolen rice is the one on display; does the complainant say the same thing?

you can file a motion to reduce bail


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