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Qualified Theft

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1 Qualified Theft on Mon Apr 15, 2013 3:14 pm


Arresto Menor

To summarize details about my inquiry:
- A friend stole money from the employer las year 2012.
- Amount is php1.8M
- They went on preliminary hearing end of May 2012.
- During the preliminary hearing:
- The fiscal didnt request for an Affidavit from the accused.
- After the 2nd pre trial hearing, they entered to an agreement of paying php500k outright then the remaining balance to be paid in full after 6mos.
- The arrangement was not written down by the fiscal.
- Apologies for the terminology but the case was pu on "hold" and stated that the company who filed a complaint, is still gathering evidences without prejudice to the case.
- She was made to issue 3 PDCs amounting to 150k, 150k and 1M. Same dates of the check. receipt of the checks documented and received by the HR of the company.
- A week before the date of the check, the accused and his family met up with the HR peron (who is also the contact person)to personally inform the company (thru the HR Manager) that would like to ask for an extension, not to deposit the checks, informed them it is not funded.
- Inspite of the request, the company still deposited the checks. And ofcourse it returend being not funded.
- Theylawyer of the company sent a letter to the accused. Informing him that the checks have returned and to comply with the payment within 5 days from receipt of the said letter. The subject of the letter is UNPAID OBLIGATION. No Qualified theft was mentioned in the letter.
- As much as the accused would want to settle, they cannot for now since they are still processing bank loans. They already have an approved loan with a local bank. The property of their father is being mortgaged to the bank but due to the eligibility of the father, they still need to transfer the title under their name in order for them thats why its taking time for the loan proceeds to be released.
- The representative of the company have been calling and harrasing my friend. Always saying they will re file and/or have already filed the qualified theft (again) plus BP22 because of the checks.

I need to ask for your advice Atty.:
1. If they re file the qualified theft what are the possibility it will not push thru due to:
- issuance of the check. - I may be wrong, but i am hoping this could be percieved as there was a settlement already.
- the family have already paid php500k- if there is a payment, would it mean it could be an unpaid obligation na lang instead of qualified theft?
- they sent a letter with a subject: UNPAID OBLIGATION.- can this be understood as there is no qualified theft anymore? Can this be a strong point to be raised by the accused?
- Since this is just re filing, will they undergo prelimiary hearing once more? or will it go straight to the issuance of the warrant without the need for this?
- Why is it that the fiscal did not:
- Request for the accused to submit a counter affidavit?
- Write the compromised agreement. But she was there during the preliminary hearing.
- Would the reqeust letter made not to deposit the checks, extension of payment of obligation have a great impact vs the BP22 they will file?

Thanks, here for now. Looking forward to your advice regarding this matter.

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