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Violance against woman ???

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1 Violance against woman ??? on Mon Apr 04, 2016 10:08 am


Arresto Menor
I'm a foreigner looking for answers and advise. I hide under the name Traveler.

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.

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2 Re: Violance against woman ??? on Wed Apr 06, 2016 9:16 am

tsi ming choi

Reclusion Perpetua
1.Yes. it is normal and legal procedure based on the presumption that you signed it, because they dont know your signature....BUT if you appear in court. you can question the validity of that subpoena specially your signature and eventually avail for the quashal of the warrant of arrest.

2.You can request that in court not only the subpoena but also the information filed by the fiscal as well as the warrant of arrest because that is a public record, you or your wife should not be denied.

3.Yes, a case may inform with the NBI but not with the immigration or immigration alone or both agencies. To be sure, you can check at the NBI and Immigration, call them.

4.Yes there is a risk to be arrested. But dont worry you have a valid defenses.

5.You cannot do this alone without the assistance of a lawyer because your case is very technical as it involves "fishy" instances such as:

1. who signed the subpoena;
2. why the female prosecutor will not accommodate your wife and requiring you to handed over the 1 million pesos to the victim.

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