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who is responsible to pay should the person charged with estafa can no longer be found?

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mtease2011


Arresto Menor
Hi if a person was criminally charged with estafa but can no longer be found who should shoulder the charges or payment to settle?

In this case the wife was charged...would the husband be responsible for it?Any information would be greatly appreciated. Thank you

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wolfwise


Arresto Menor
Obviously, you cannot put the husband behind bars as substitute for his wife. If the wife has already been arraigned, then you can proceed with the criminal prosecution even if she is at large. There will be a trial in absentia. If the wife still fails to appear during promulgation of judgment, then she will lose her right to appeal the trial court's judgment of conviction. After judgment has become final, you can enforce the civil liability imposed by the court from her properties via execution of judgment.



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