My ex-girlfriend threatened me often with jail if I wouldn't provide her with money. Being my ex, I saw no reason why I should support her and didn’t take her threat seriously as I had no idea this is such an easy way to put someone in serious jeopardy.
While I was out of the country, she filed a criminal case against me regarding: R.A. 9262 Anti-Violence against women and their Children.
A nonsense story accepted by the female prosecutor where my ex has been crying out as I was told by a befriended policeman.
The same policeman presented the related subpoena at my fiancé’s (now my wife) her parents’ house. As we both were already out of the country, the subpoena was not accepted and consequently not signed for.
The Clerk of court -who I know personally very well and is aware of the bad temper of my ex-girlfriend - told my wife that the subpoena had been signed...... (Apparently with my faked signature)
The case had been handled as no answer had been provided by me and a warrant of arrest had been presented at my wife her parents address where I (and my wife) was not, as we were still outside the country.
My wife returned home 6 months ago and did some research as the police told her what happened. She checked with the municipal court and learned that I would be arrested upon arrival in the Philippines. The claimant (my ex-girlfriend) demanded 1 million peso's compensation and jail time. Bail was set for 125k pesos and the case had been filed with the NBI.
My wife tried to have a conversation with the female prosecutor who had filed the case but this prosecutor was unwilling to accommodate her and only commented that both parties should attend her office where the foreigner had to hand over the 1 million to the ex-girlfriend.
As I planned to follow my wife to the Philippines 2 months ago, I called with Immigration in Manila to check for my name on the blacklist. I was not blacklisted and travelled to my wife where I had my second visa extension in the meantime. I stay away from the village of my ex-girlfriend as the police there know me very well and advised that they would have to arrest me upon sighting.
I obviously have no intention to hand 1 million pesos to my ex-girlfriend and would have trouble arranging for the bail as my pension is rather small.
1. Is this a normal and legal procedure (especially handling the case while the subpoena could not be delivered)
2. Is there any way we (my wife) can look-in and verify the Subpoena as the Clerk of court was hesitant to show the same to my wife who was eager to know who signed for the subpoena or whether a faked signature was set in my name.
3. Can it really be that the case is registered at the NBI but not with immigration? How to verify this? How long does it usually take for the NBI to alert Airport immigration?
4. Is there a risk that I will be arrested at immigration when I leave for my home country soon?
5. What to do? I (and my wife) have not seen the subpoena and don’t know the details. I’m hesitant to talk to an attorney as I try to keep a low profile and don’t like to expose myself to the said court.
Legal advice/direction is appreciated. Thanks to all for their contributions.