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Qualified Theft Case Dismissal Advice

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1 Qualified Theft Case Dismissal Advice on Wed Aug 21, 2013 8:25 pm


Arresto Menor

I would like to ask an advice for the Theft case filed against me by my ex-employer. I work with them for approximately 6 months as a warehouse clerk when i got an offer abroad i submitted resignation to them. when i already left the country i got to know that a qualified theft case was file against me an accusation of stealing 100 sacks of flours and other goods and warrant of arrest was released from RTC. Now i got to know that the complainant committed suicide that caused her death. What will happen now to me? what will happen to my case? waiting for your reply. Thank you

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2 Re: Qualified Theft Case Dismissal Advice on Wed Aug 21, 2013 11:26 pm


Prision Mayor
Your case will probably be dismissed since the witness or the complainant is already dead. The prosecutor cannot prosecute your case without a witness. But the dismissal will not be automatic. You would be needing the services of a lawyer to effect the dismissal.

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3 Re: Qualified Theft Case Dismissal Advice on Fri Aug 23, 2013 3:05 pm


Arresto Mayor
Death of the offended party is not a mode of extinguishing criminal liability. Moreover, since your case was already filed in court, the State is now the offended party. Also, it seems that it is your employer (company?) who filed the complaint. So the case may yet continue.

However, based on your facts, the case was filed AFTER you went abroad, it would seem that the court did not acquire jurisdiction upon your person. If this is the case, then your case may be archived.

It is best to personally consult a lawyer para masabi mo ang buong detalye ng kaso mo at maipakita mo kung may mga dokumento ka ba na nakuha.

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4 Qualified Theft Case Dismissal Advice on Fri Aug 23, 2013 11:18 pm


Arresto Menor

What if the company has already closed down after the death of the owner? is the case bailable? Yes, case was filed when i left Phils. already.
How will i clear my name? Gusto q po kasi mag bakasyon kaso di ko po alam kung ano ang procedure para ma clear name ko especially RTC and kung meron record sa NBI and immigration.

If i will pay the money they are claiming where it will go since company has closed down?
I have a record with me showing stocks was taken from the warehouse during my day off and was not recorded on the inventory file they have submitted to court.

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5 Re: Qualified Theft Case Dismissal Advice on Sat Aug 24, 2013 12:04 am


Arresto Mayor
It is bailable.

Because the case has been filed in court, the offended party is the Philippines already. notice that the case title is People of the Philippines vs. you. In order to asses your case properly, a lawyer has to check the court records.

Hire a lawyer to obtain the records of your case. In my experience, non-lawyers are not allowed to look at records of cases. Even our staff needs my letter of authorization to look at court records.

Makikita mo kasi sa records kung ano ang nangyari sa kaso mo.

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6 Re: Qualified Theft Case Dismissal Advice on Sat Aug 24, 2013 1:48 am


Arresto Menor
How much is the bail po? If they are claiming 100k pesos should i pay the full amount or how?
Can i ask help from PAO din po ba? Salamat po for all the advice.

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7 Re: Qualified Theft Case Dismissal Advice on Sun Oct 13, 2013 11:46 pm


Reclusion Temporal
Depende sa halaga ng allegedly nawawala kasi estimate lang ang alam ninyo po. I think wala pa naman 80k siya. Yep you can avail the services of thr pao if you are poor.

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