Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

what will happen after case re-raffle..

View previous topic View next topic Go down  Message [Page 1 of 1]

1 what will happen after case re-raffle.. on Fri Sep 27, 2013 3:46 pm

seeking_justice2013


Arresto Menor
Good afternoon,

I'm facing a case right now. Na aarraigned na din ako. My case was transferred sa Mediation Center, both parties didn't come up with a workable negotation (sobrang taas ng monthly na hinihingi). Then it was transferred sa JDR for a possible settlement pero hindi parin kami ngkasundo ng kabilang party. I was advised by the judge na i papareraffle ung case sa ibang court.

My question is, what's next po pag ka naforward na sa ibang court ung case namin?

Yun na po ba ung trial?

May kailangan po ba akong isubmit na papers? by the way, wala po akong personal legal adviser/lawyer.

Gusto ko po mapaghandaan para kahit paano may alam po ako.

Thanks.

View user profile

2 Re: what will happen after case re-raffle.. on Fri Sep 27, 2013 7:41 pm

tatan1712


Arresto Mayor
Wait for a notice of hearing from the court that will hear your case.



Last edited by tatan1712 on Sat Sep 28, 2013 6:57 am; edited 1 time in total (Reason for editing : Typo error)

View user profile

3 Re: what will happen after case re-raffle.. on Mon Sep 30, 2013 10:57 am

seeking_justice2013


Arresto Menor
Thanks Tatan.. Would you know if need to prepare or submit any documents.?

View user profile

4 Re: what will happen after case re-raffle.. on Mon Sep 30, 2013 8:45 pm

tatan1712


Arresto Mayor
The court that will hear your case will conduct the pre-trial and trial.

You need to prepare all the your docs/evidence that will support your defense. What is the case? Is it covered by regular or summary procedure?

View user profile

5 Re: what will happen after case re-raffle.. on Tue Oct 01, 2013 4:34 pm

seeking_justice2013


Arresto Menor
Thanks. The case is estafa thru falsification of commercial documents. Sometimes in year 2008 I was ask by a friend to put her commission under my name due to conflict of interest. Part kasi sya ng acctg. department. so to cut the story short she put her "commission check" under my name. I encash her commission and deposited it to her bank account. then, later that year, i received a call from the company asking me about the check. i found out na illegal pla ang transaction nya. nagnakaw sya sa company. i never thought na kaya nya gawin yun, saka during my encashment the bank called the acctg. department and confirm that my check was processed. then ayun, nung balikan ko yung friend ko, resign na sya and no where to be found. the company sue the bank, then the bank sue me. sa akin hinabol ang pera. actually nung ipatawag ako ng company dun ko nalaman na hindi lang pla ako yung pinakiusapan nya. i even met two of the other people involve, same story ipinangalan din sa knila ang check telling them na it was her commission. one of them sue by the bank also.

then eto na nga nag materialize na ung case. i was hoping to make the other people as my witness but i believe out of fear ndi ko na sila makontak. Wala akong definite evidence only my statement. and a copy of counter affidavit of other people involve. It was a photocopy lang. I don't know if the court will honor it.

I just hope na i can overcome this trial. at managot ang may sala. Sad

View user profile

6 Re: what will happen after case re-raffle.. on Tue Oct 01, 2013 11:46 pm

tatan1712


Arresto Mayor
Commission for what? Were you charged together with your friend? Are they saying you conspried with your friend?

Get a lawyer so that you can properly defend your case. You may have been negligent in allowimg her to issue the check in your name but it does not follow that you have the intent to commit estafa thru falsification.


View user profile

7 Re: what will happen after case re-raffle.. on Wed Oct 02, 2013 10:42 am

seeking_justice2013


Arresto Menor
We both work in a real estate company before. I'm a private secretary of a sales team (i'm not company employee) while "she" was an acctg. officer of the company. mainly she handles the marketing budget. when i resign she told me na may nirefer syang sales sa isang agent. luckily nagmaterialize ung referral nya kaya meron syang commission. conflict of interest na ipangalan sa knya ang check kasi employee sya ng company. so "she" asked me a favor kung pwedeng sa akin ipangalan ang commission nya. pumayag naman ako ksi i never thought na merong illegality.

then yun nga nireceived ko yung check. nakiusap sya na ipaencash at ideposit sa bank account nya which i did naman. bale she handed me the check pirmado na naka type written pa ung name ko amount. the bank teller even called the acctg. to verify the check is processed. (sop procedure ng bank iconfirm dba ang mga encashment)

to make the story short. the company denied issuing the check under my name. meaning yung friend ko pwedeng ninakaw ung check at nag forge ng signature pero imposible malaking company yun eh. ung friend ko wala na resign na at ngtatago (mukhang may kasalanan tlga. too bad ako at ung iba pang taong pinakiusapan nya mag paenchash ang hinahabol ng bank) the company sue the bank, ksi i honor ng bank ung forged check. natalo si bank, nagbayad sa company. now the bank sue us. that we forge and niloko namin sila with making them believe na there was a check issued on us.

now ung iba kong mga kaparehas na nag encash some of them pinatanggal ng company. meron akong isang nakausap pero mukhang natakot sya ksi nga the case was brought to the court.

wala akong matibay na ibedensya na pwedeng ipresent besides my statement. hindi rin kinasuhan ng bank ung "friend" ko kasi daw ang paper trail is sa amin dahil sa amin nakapangalan ang check at kmi ang nag encash.

lalapit ako sa PAO and hoping na matulungan nila ako. biktima din kmi dito. nagtiwala lang kmi ng sobra kaya super lesson learned ito pra sa amin.

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum