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qualified theft

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1 qualified theft on Mon Dec 13, 2010 10:50 am

jefreysevilla


Arresto Menor
Good day to all.
I have a sister who worked in a gasoline station as a branch manager. Its sad to say that nakakuha sya ng mahigit 230,000.00 from month of April to September. Dinaya nya ang records sa sells at kumuha ng ibang cash kaya umabot ng 230,000.00..She accepted her faults. Pwd ba naming mabayaran na lng unti2x yong pera nkuha nya para di na sya makulong? Sa ngayon we already received a subpoena from court ordered her to file a counter affidavit.. Di kasi kaya ng mother ko na makulong ang sister ko..Ano po ba kailangan naming gawin? And i ever she will be in prison, how may years? Pwidi bang mababaan ang kanyang hatol? Inamin na nya lahat..

Thanks much in advance to all responses.

GOD BLESS

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2 Re: qualified theft on Mon Dec 13, 2010 6:36 pm

attyLLL


moderator
when you say inamin niya lahat, how was this done, in writing? before law enforcement officers or a notary?

what you should do is to reach out to the owner on how to settle the matter. offer as much as a downpayment you can afford and the rest in installments.

qualified theft is a serious crime. the punishment for her acts, if proven, is reclusion perpetua. bail will not be allowed unless the evidence of guilt is strong.


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3 Re: qualified theft on Wed Dec 15, 2010 6:25 am

jefreysevilla


Arresto Menor
Atty, mabigat talaga ang kanilang evidences. The had a copy from April to Sep on how my sister kumuha ng pera..We already approach and talk to the owner na babayaran na lang namin unti-unti but sinabi ng owner na idadaan nya talaga sa legal.. Ano pa pwede namin magawa? As of now we are waiting on PAO para gumawa ng counter affidavit and were only given 10 days to do this but the PAO is on leave. My mother talk to the fiscal who is handling this case and he advice that if our Atty from PAO can't make a counter affidavit since she's on leave, she can file a motion for extension daw. My sister received the subpoena last Dec. 11 so and ten days po nyan ay ngayong monday Dec 20 and our Atty is monday pa mag.report..

Atty, ano pa ang mga dapat naming gawin para lang sana di makulong sister ko kasi di kaya namin tanggapin kahit na nagawa nya ang kasalanan na ito..My mother is always crying na at sinabi na nya na if she already know na ito lang pala mararatnan ng kapatid ko ay di na sana nya binuhay pa.


Thank you so much sa inyong advices atty in advance.

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4 Re: qualified theft on Wed Dec 15, 2010 11:26 pm

attyLLL


moderator
the fiscal is right, you can file a motion for extension until your pao lawyer comes back.

keep going through the process, i believe that eventually the complainant will realize that it will be better to settle.

or hire a good lawyer! i just handled a similar case but it was a bank. if records were faked,then that IS NOT qualified theft but falsification which has a MUCH LOWER penalty.


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5 Re: qualified theft on Thu Dec 16, 2010 6:17 am

jefreysevilla


Arresto Menor
Atty, mina.obra po nya ang mga records, receipts para makakuha ng pera. May isang customer na nagbayad ng cash good for 2 months but my sister only declared 1 month and kinuha nya ang bayad bali isang buwan..Talagang mina-obra nya ang records para pagka.month end report nya balanse..

Sa ngayon we are always praying that the owner is maawa sa amin at magkasettle lang..Plano namin that we will never stop asking forgiveness and settlement even though the case is still going on.

GOD BLESS TO YOU ATTY..

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6 Re: qualified theft on Fri Dec 17, 2010 11:46 am

attyLLL


moderator
Atty, mina.obra po nya ang mga records, receipts para makakuha ng pera. May isang customer na nagbayad ng cash good for 2 months but my sister only declared 1 month and kinuha nya ang bayad bali isang buwan..Talagang mina-obra nya ang records para pagka.month end report nya balanse..

and that is classic falsification. that is not qualified theft.

QT is non-bailable at that amount. falsification allows bail. I say this to you so that you can have leverage in dealing with the owner, and he will realize that he should settle. good luck.


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7 Re: qualified theft on Tue Dec 21, 2010 2:33 pm

pray_love_peace


Arresto Menor
Sir,


In this case po, you said that qualified theft is non-bailable case, my friend accused qualified theft by his company working on and the evidence is very strong. He was already inquested at the prosectours office. Kinausap nya po yung investigator ng kasong my hawak sa kanya, as the negosation goes at masinsinang usapan ay nagkaroon ng settle agreement between my friends family and the investigator. The accused pays 10k for the investigator to released him and the investigator gave a released order which came from the prosecutors office daw. But suspiciously it was fake and they think that the negotiation with that investigator is illegal step for releasing my friend. Asking sir that what is the up coming problem should they encounter on this? kasi alam nilang iligal pero tinake nila para lang makalabas ng kulungan yung anak nila.

Thank you po sir

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8 Re: qualified theft on Tue Dec 21, 2010 10:28 pm

attyLLL


moderator
investigator is a police officer? so was your friend released? if he was, then it was for real. but the case will not be over because there will be a preliminary investigation


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9 Re: qualified theft on Fri Jan 20, 2012 1:50 pm

elsa marie david


Arresto Menor
Dear Atty

The case of my husband is qualified theft and now in court , can my husband still request for compromised agreement to settle the payment

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10 Re: qualified theft on Sun Jan 22, 2012 8:02 pm

attyLLL


moderator
technically no, but most judges are lenient and might allow it.


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11 Holdup/Illegal Possesion of Firearms on Wed Jan 25, 2012 11:02 pm

_singleparent_


Arresto Menor
Hi Atty. I sent you a private message. We need your answers regarding some questions we have. a friend of mine was charged robbery and illegal possession of firearms.

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12 Re: qualified theft on Mon Feb 06, 2012 1:59 pm

elsa marie david


Arresto Menor
the money involve is Php201,000.00 so atty he will be in jail. i thought we can still talk to them for amicable settlement.

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13 Re: qualified theft on Tue Feb 28, 2012 7:51 am

brylove


Arresto Menor
ang tanong ko atty. is about resolution letter said its about simple theft case complaint that ako nag nakaw ng pera sa bahay ng boyfriend ko at mga gamit niya. the truth is lumayas ako sa bahay niya dahil gusto ko ng makipag hiwalay kasi pariho kaming lalaki...tapos nung december 13,2011 naka labas ako ng bahay niya sa subdivision at dinala ko mga gamit ko tapos nakita ako ng guard house na nag dala ng gamit ko. den lumabas na ako sa subdivision. few days later nag txt sa akin yung bf ko na ipa kulong niya ako dahil my kinuha daw ako na mga pera at gamit mula sa kanya, nag post cya sa facebook at balak nyang sirain ang pagkatao ko ma kulong lang ako. tapos nitong feb 2. 2012 nag filed cya ng case laban sa akin na simple theft. nag labas ng resolution. tapos ngayon ko natanggap ang letter. pero ask ko lang bakit wala akong natanggap na subpuena about it. resolution agad. my blotter na daw ako sabi sa letter. ano gagawin ko atty. wala akong kinuha sa kanya....lumayas lang ako dahil ayaw ko na sa kanya. ano ba ang dapat ko gawin?

my valid days ba ang resolution? ano ba ang resolution ito ba ay case na?....makukulong ba ako pag di ako mag reply sa dimanda nila laban sa akin?.. wala naman silang katibayan na nag pa bigat sa kaso ko...kasi nabasa ko about theft or stealing is in the act of getting things or robbery could be considered simple theft. ano ba ang gagawin ko atty.

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14 Re: qualified theft on Tue Jul 10, 2012 12:56 pm

gialkurt


Arresto Menor
good day
my friend work in a private company and he was charge with qualified thief. the problem is he was one of the accomplish. they steal and item worth of 180,000.00 and they pawned them in a pawnshop. pero inamin na nya ang kayang kasalan sa police. pero hindi na namim makuha sa pawnshop dahil they used different name.ano po ba ang gawin namin atty we are willing to pay the amount. if maging witness na po siya pwide na ba po kami mag bail?



Last edited by gialkurt on Sun Mar 24, 2013 9:12 pm; edited 1 time in total

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15 Re: qualified theft on Sat Sep 08, 2012 11:07 am

larssean


Arresto Menor
hi atty..seek lang po ako ng legal advise regarding po sa case ko..my subpeona po kasi on sept 11 and 18 and pinapasubmit po ako ng counter affidavit kaya lang po nareciv ko yung subpeona last friday lang september 7..pwede ko po ba yun i request for extension kasi..kanino po ako mgpapagawa nun..my kinausap po akong atty sa pao ang sabi niya sakin diko na kailangan mag submit ng counter affidavit kasi inamin ko po yung ksalanan..need po your advice..thank you so much..god bless

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16 Re: qualified theft on Fri Feb 22, 2013 2:03 pm

simple


Arresto Menor
my relative company filed a case against her for qualified theft and falsification of documents in connection of unauthorized withdrawal of members saving..the falsification of document is dismissed for lack of merit..but the dicision of prosecutor to charge her a qualified theft.why?



Last edited by simple on Fri Feb 22, 2013 2:04 pm; edited 1 time in total (Reason for editing : wrong words)

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17 Re: qualified theft on Thu Feb 28, 2013 10:38 pm

earlzane_ang


Arresto Menor
good day atty. ask ko lang po, sinampahan po ako ng dating kung amo ng qualify theft na di ko naman kinuha ang pera, at mali po ang sitwasyon na isinampa nya sa akin. sa katunayan po, wala akong kontrata o penirmahan na dokyumento na may natanggap akong produkto na galing sa kanya! ano po dapat kung gawin?



Last edited by earlzane_ang on Thu Feb 28, 2013 10:43 pm; edited 1 time in total (Reason for editing : improve)

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18 Re: qualified theft on Sat Mar 02, 2013 11:22 pm

attyLLL


moderator
simple, that depends on the facts. you should read the resolution of the prosecutor.

earl, if he filed a case at the prosecutor's office then you should seek assistance in pao for your counter affidavit


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19 ATTY HELP PO PLS :(((( on Sun Apr 21, 2013 8:41 pm

venvunix


Arresto Menor
atty. any advice po para sa nangyari sa mama ko Crying or Very sad nakasuhan po cia. nadamay lang po sya sa ninakaw nung kasama nya sa work. nawalan po kasi ung company ng 839,000.00. since yung mama ko at ung kasama nya yung may resposibilidad sa pera clang dalawa po yung nakasuhan Crying or Very sad ganto po nangyare, naglalabas po na pera yung kasama nya na galing sa company, hanggang sa umabot po sa ganyang halaga, sa statement po nila sa pulis umamin nman po yung kasama nya na cia ung may kasalanan, na cia po yung kumuha ng gnung halaga. ang pagkakamali lng po ng mama ko is hindi po sya nagsusumbong sa company, kaya nung dumating po yung araw ng bistuhan, kasama pu cia sa nahuli. umamin din po cia sa statement nia na nakakuha din pu cia ng maliit na amount pero naibalik na nya. matagal na po. at naibalik nya po agad tlga. atty bat po ganun? bat parang pantay na cla ng kasalanan? ang tanging kasalanan lng nman po nya is di cia agad nagsumbong, kasi binibgyan nya ng pagasa yung kasama nya na maibalik pa ung pera. nu pu bang dapat gawin ko para sa mama mo? tulungan nyu po sana ko. salamat ng marami

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20 Re: qualified theft on Sun Apr 21, 2013 11:57 pm

venvunix


Arresto Menor
atty please help us Crying or Very sad di po nmin kaya na wala c mama Crying or Very sad

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21 Re: qualified theft on Tue Apr 30, 2013 3:30 pm

mercedes sandoval


Arresto Menor
Good pm po ask ko lang po may cousin was charged qualified theft nung company nya may warrant of arrest na po cya. Ano po ang mangyayari pag di daw po cya sumipot sa hearing nya sa court?

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22 Re: qualified theft on Wed May 01, 2013 12:30 pm

albert0121


Arresto Menor
hi magandang umaga. po ask ko lang po , kapag na settle ko a po ba ung dapat isettle sa company na utang possible pa din po ba na kusuhan kami kahit na clear ko na ung dapat bayaran. thank you po. hope for your immediete feedback po.

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23 Re: qualified theft on Thu May 02, 2013 1:24 pm

benr


Arresto Menor
Hi attyLLL,
May napirmahan po akong affidavit na umaamin ako ng theft sa company last feb.
Ang tanong po hangang kaylan kailangan mag file ng complaint/case ang company? Ma consider po bang waive yun kong hindi sila ng file after certain period? IF nag file po sila, paano ko po malalaman kung kailan at saan sila ng file?
Kasi nibalik ko naman po yun nakuha ko as promise ko dun sa affidavit.
Salamat po!



Last edited by benr on Thu May 02, 2013 1:27 pm; edited 1 time in total (Reason for editing : additional information)

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24 Re: qualified theft on Sat May 18, 2013 5:32 pm

djana001


Arresto Menor
Atty i would just like to ask about a case regarding a unauthorized internet transfer of funds done by a bank employee. the enrollment to this internet banking was approved even though it was submitted with a forged signature. upon approval the bank employee was able to transfer funds to another account.then at some instance he transferred some funds to a certain account and made a withdrawal by forging the signature of the accountholder. then the real owner of the enrolled account went to he bank to file a complaint that she never enrolled her acct to any internet banking. then an investigation followed. the bank employee made his admission upon knowing that there were evidences that will pinpoint him as the culprit. he was put on preventive suspension and made to write an admission which he did. he was told to pay the entire amount first before the bank can grant him to appeal his case. now he doesnt know what is the next step. to wait for the due process that they will serve or to start paying off the amount even before he receive any instruction. will you advice that he get a lawyer now to prepare if the bank will still push through with the case even if he paid the amount in question? What would be the best step to make so as to lighten the charges that can be filed against him.

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25 Re: qualified theft on Sat May 18, 2013 5:36 pm

djana001


Arresto Menor
Atty i would just like to ask about a case regarding a unauthorized internet transfer of funds done by a bank employee. the enrollment to this internet banking was approved even though it was submitted with a forged signature. upon approval the bank employee was able to transfer funds to another account.then at some instance he transferred some funds to a certain account and made a withdrawal by forging the signature of the accountholder. then the real owner of the enrolled account went to the bank to file a complaint that she never enrolled her acct to any internet banking. then an investigation followed. the bank employee made his admission upon knowing that there were evidences that will pinpoint him as the culprit. he was put on preventive suspension and made to write an admission which he did. he was told to pay the entire amount first before the bank can grant him to appeal his case. now he doesnt know what is the next step. to wait for the due process that they will serve or to start paying off the amount even before he receive any instruction. will you advice that he get a lawyer now to prepare if the bank will still push through with the case even if he paid the amount in question? What would be the best step to make so as to lighten the charges that can be filed against him.

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26 Re: qualified theft Today at 11:07 am

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