Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

r.a. 3019 sec. 3(e)

View previous topic View next topic Go down  Message [Page 1 of 1]

1 r.a. 3019 sec. 3(e) on Fri Feb 11, 2011 6:00 pm

erikthebastard


Arresto Menor
My father has a pending case with the Sandiganbayan.

Facts:

My father was found guilty of simple neglect of duty in the administrative case regarding unfinished projects, sanctioned with one(1) month suspension without pay.

The projects were unfinished(my father was then connected with the provincial government) because the then governor(now a congressman, and complainant) ordered its suspension and eventually, forgotten.

May father is now Charged with Sec.3(e) of R.A. 3019.

How can this be? He was only found to be guilty of simple neglect in the admin case and now, charged with the criminal case which requires Gross inexcusable negligence as one of its elements?

The other co-accused were actually found guilty of gross negligence by the ombudsman in the admin case.

Any help will be eternally appreciated.


Erikthebastard

View user profile

2 Re: r.a. 3019 sec. 3(e) on Sun Feb 13, 2011 4:07 pm

attyLLL


moderator
doesn't he have a lawyer?

admin and crim cases are different. a finding in one is not binding on the other. i recommend he just rides this out until it is dismissed


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

3 Re: r.a. 3019 sec. 3(e) on Tue Feb 15, 2011 5:48 pm

erikthebastard


Arresto Menor
he has no lawyer as yet. He is outside the country because when the HDO was issued by BID, he was working with an International Organization. Ride this one out? Will do. God willing

View user profile

4 Re: r.a. 3019 sec. 3(e) on Wed Feb 16, 2011 7:33 pm

attyLLL


moderator
when I say ride it out, I didn't mean he escapes the case. I meant come back and face it until it is dismissed. it will not go away unless he does.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

5 Re: r.a. 3019 sec. 3(e) on Sat Feb 19, 2011 9:51 am

erikthebastard


Arresto Menor
He is not escaping the case. he's actually riding it out. The Job he has now pays well. Prescription does not run while he's out of the country anyway, and he'll face it when he goes back. He was already outside the country when the HDO was issued. He needs this job to support the family. I would not call it escaping. He needs to support his family.

View user profile

6 Re: r.a. 3019 sec. 3(e) Today at 10:12 pm

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum