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Falsely accused of carnapping

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1 Falsely accused of carnapping on Tue Feb 04, 2014 11:04 pm


Arresto Menor

Hello po,

Need your advise po about my problem. Nakabili po kasi ako ng motor thru a website,, nagkita po kami nung seller I checked the plate number sa LTO thru text wala nmn alarm. so I thought cleared sya. kaya binili ko na po. after 3 months ittransfer and ireregister ko na sya in my name that's when the time na nalaman ko na may hold order para dun sa motor. tpos po kinuha na ung motor then pati ung license ko, may pinaayos saken na mga papers na kukunin sa LTO ung HPG. pagnasubmit na daw clear na and ibabalik na ung license ko. I submitted all the paper then I got my license back. Then after 3 months again, just recently, I received a subpoena. I am being sued for carnapping by the owner of the motorcycle.

What should I do? I am supposed to go abroad to work, I just graduated and have a good life ahead of me. Makukulong po ba ko? In good faith nmn ung pagkakabili ko. Hindi ko kakilala ung nagbenta and naprove ko nmn un sa HPG. Please help. thanks.

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2 Re: Falsely accused of carnapping on Wed Feb 05, 2014 12:50 am


Arresto Menor
first and foremost, get the service of a  good trial lawyer whose expertise is criminal law dahil kung makukulong ka ba ay depende sa gagawin ng kukuhanin mong lawyer.

anyways, bakit carnapping ang kaso sa iyo?

were you positively indentified by the original owner or any witness as the one who actually carnapped the motor vehicle?

assuming na the most likely na dapat na kaso sa iyo ay violation of the anti-fencing law which is a malum prohibitum and criminal intent is immaterial but nonetheless, the following elements must be present and proved beyond reasonable doubt:

1. A crime of robbery or theft has been committed.
2. Accused who is not a principal or accomplice in the crime, buys, receives, possesses, keeps, acquires, conceals, or disposes, or buys and sells, or in any manner deals in any article, item, object or anything of value, which has been derived from the proceeds of the crime of robbery or theft.
3. The accused knows or should have known that said article, item, object or anything of value has been derived from the proceeds of the crime of robbery or theft.
4. There is, on the part of the accused, intent to gain for himself or for another.

yung no. 3 pwedeng mong i-disprove by presenting the at least the following as evidence and/or witness:

1. the deed of sale of the motor vehicle or receipt or any proof of purchase ka ba? malaking problema kung verbal or oral sale ang nangyari, pero i-try mo kung may witness.
2. if you have a screencap of the site during the time na naka-display yung pagbebenta nung motor pwedeng i-prove doon mo unang nakita yung motor na nabili mo.
3. the person from the LTO whom you inquired about the plate number to prove the fact that you inquired about it and found out that there was no alarm.
4. yung record na naprove sa HPG na hindi mo kakilala yung nagbenta may either be favorable or go against you dahil baka palabasin na hindi ka naging maingat sa pagbili ng motor.

sana next time, maging maingat tayo sa pagbili ng mga bagay, lalo na ang mga motor vehicle, from another person whose identity and reputation may be questionale at iwasan ang kaliwaang transaction or oral agreement lang. always have proofs of the sale transaction through the proper documents. mahirap na kasi ang panahon ngayon.

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