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Pinaghinalaan na nakaw

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1 Pinaghinalaan na nakaw on Thu Jul 21, 2016 10:23 pm

dakdax


Arresto Menor
Hi! Thanks for this site! Really, just when i needed it the most.

Nagbike yung kapatid gamit bike ng tita ko, hinarang sya ng barangay person, pinababa sa bike dahil kanya daw yung bike na yun at nananakaw daw yung bike na yun at nakablotter yun. Dinala sa barangay yung bike, it was seized and locked up behind bars. Just that. No showing of any papers. Whatsoever.

Thing is...
1. It's been 2 years since my uncle bought the bike.
2. Everyone in the neighborhood knows that it's our bike and it's been with us for a very long time.
3. We were able to retrieve a Facebook picture where it was caught on cam dated 2014 and another photo in my aunt's tablet dated early 2015 though we don't have the receipt anymore because it's been 2 years na nga.
4. As in the other camp did not show any proof that it's theirs. Gusto nila baklasin yung gulong kasi daw may palatandaan daw sila sa interior. We did not agree.
5. We had to go the mall where it was purchased to ask them if they still have a copy of the receipt. Wala na daw sila kopya kasi it's been 2 years. Are we on the losing end here despite having pictures with timestamp?

Questions:
1. Can this barangay person really take that bike? Kasi hindi naman sila police and wala talaga police nung nangyari yun. As in kinuha na lang and said it's her bike kasi kamukha ng bike nila. They were not able to show any proof din. 2nd hand daw nila nabili.
2. Can they demand na baklasin yung bike to see the interior?
3. Can the barangay really detain the bike na as in parang "till proven guilty?"
4. What charges can we file against them because of the hassle and all other else?


Thaaanks much.
By the way yung kapatid ko ayaw na lumabas ng neighborhood because of the embarrassment. Sad

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2 Re: Pinaghinalaan na nakaw on Fri Jul 22, 2016 11:16 am

attyLLL


moderator
Considering the bike was in your possession, it was their burden to prove that this was the stolen bike. ask them to produce the supposed blotter entry and proof that this is the bike.

What is their "palatandaan". if it is something as specific as their name written, then you should have nothing to fear unless of course it was already planted prior while the bike was detained.

The remedy against an abusive barangay is to file a complaint at the mayor's office, but of course try to exhaust all possible ways to resolve it another way.

you can also file a case of robbery against the person who took the bike at the police station then at the prosecutor's office.


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3 Re: Pinaghinalaan na nakaw on Sun Jul 24, 2016 6:18 pm

dakdax


Arresto Menor
Thank you very much atty. They said pinalitan daw nila yung interior. Gusto na nila baklasin. Worse they are posting na sa social media.

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4 Re: Pinaghinalaan na nakaw Today at 11:02 am

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