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SM THEFT CASE

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1 SM THEFT CASE on Fri Aug 18, 2017 12:49 pm

SMCASE


Arresto Menor
First of all, I stole clothes at SM Department Store worth 3000 pesos. Sinampahan nila ako ng kaso, and I was detained for about 3days. Pero nag bail yung parents ko kaya nakalabas ako sa presinto at back to school ulit. My question po is, ano po ba yung gagawin namin ng parents ko para ma dismiss yung case? Kasi willing naman daw yung SM makipagsettle. May I ask kung ano po yung ginawa nyong actions (Sa may same experience) para ma dismiss yung case? 1st hearing ko po kasi this August 22,2017 and I really don't know what to do. I have no idea kung anong mangyayari sa loob ng court since its my first time. Please help me po, hoping for your response. At tsaka Ano po yung mga questions ng judge? Ano yung plea ko? Guilty ba or Not Guilty? Kasi po daw pag mag guilty ako mas malaki daw yung charge. Eh, first time offender po ako eh huhu. Magkakaroon po ba ng record ng nbi ko at police clearance in the future? I'm still a student pa po kasi. 18 years old and I don't want na ito lang yung rason bakit hindi ako makatrabaho in the future. Huhu help me po.

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2 Re: SM THEFT CASE on Wed Aug 23, 2017 12:02 am

Yekcim


Arresto Menor
Hows your hearing today?

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3 Legal Advice on Wed Aug 23, 2017 12:39 pm

Dondon Rubio


Arresto Menor
First of all, I want to inform you that I am not yet a lawyer and I am making this legal advice at random.
Frankly speaking, I don't have time right now to conduct an extensive research on the legal materials which are material to your case. The following are just taken (hinugot) from my stock knowledge.

You no longer qualify as a youthful offender by virtue of  the Juvenile Justice and Welfare Act (also known as Republic Act 9344), wherein a minor below 15 years old is exempt from criminal liability. Although in that case, the legal guardian or parents may be civilly liable. You are above 15 and below 18? In such case, it is required that you acted with discernment, in order to be held criminally liable. Maybe, in the latter case, there is also civil liability.

You were detained in jail for 3 days? Those who detained you within 18 (for light felonies), 24 (less serious felonies) or 36 (capital offenses) hours without first filing a criminal case against you is/are guilty of Delay in the Delivery of a Detention Prisoner to the Proper Judicial Authority (Under Article 125 of the Revised Penal Code).  Art. 125. Delay in the delivery of detained persons to the proper judicial authorities. — The penalties provided in the next preceding article shall be imposed upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of; twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their equivalent and thirty-six (36) hours, for crimes, or offenses punishable by afflictive or capital penalties, or their equivalent.

But Saturdays and Sundays are not included in counting the number of hours. Legal holidays are not included either.

There could also be pieces of evidence which are inadmissible, like when they were obtained in violation of your constitutional rights.

You are also entitled to the so called Miranda Warning, wherein the arresting officer should inform you that you have the right to remain silent and anything you say could be used for or against you. In fact a police officer can be criminally liable
if he fails to inform you of your Miranda right. (R.A. 694)
Unfortunately or fortunately, persons who are not government officers are not covered by some guaranties of constitutional rights. For instance, the employees of a courier company, say LBC, inspected and confiscated illegal drugs inside a box submitted by a customer for sending it somewhere. It was held by the Supreme Cort in People of the Philippines versus Andrei Marte that the evidence is admissible. In contrast, if it were policemen who did the confiscation, it would not be admissible.

Maybe, the stage of the proceedings is still at the Prosecutor's Office. There is even the so called Alternative Dispute Resolution (ADR). There are court appointed experts who conduct mediation proceedings that an amicable settlement might be arrived at between/among the parties.

You have the constitutional right to have a competent and independent counsel (Abogado). If you cannot afford the services of a counsel, the Government, through the Public Attorney's Office (PAO) will provide you with free legal (defense) services.

I suppose that there are preliminary proceedings before the Office of the Public Prosecutor (Fiscal) before the criminal case is finally filed before the appropriate court. (The MTC or MCTC or City Court has jurisdiction over criminal cases punishable with imprisonment of 6 years or lower. If the penalty exceeds 6 years, the RTC has jurisdiction.)

Be cautioned that an offer for compromise, where you are willing to pay the amount of the goods (Php3,000.00) is admissible in evidence against you, as an admission of guilt. Such offer for compromise is not admissible as an evidence of admission of guilt in cases of quasi-offenses or criminal negligence, as when a car driver has sideswiped (nasagi) a pedestrian. The driver in this case is offering money to shoulder the expenses for medical expenses.

Your supposed case, by the way is bailable. Even after conviction in the MTC, you are entitled to post bail.

Did you write that you 'stole' the goods? Remember that you/we are on social media. The whole interested world has access to what we post in here. Maybe, your (such) statement is already admissible against you, because such is freely and voluntarily presented. You have not posted your name or complete identity. But there are Government Agencies, like the NBI, that can trace you through you I.P address. You either used a computer in an internet cafe or at home.
It is even possible that you a (beautiful) girl.

If worse comes to worst, meaning, no amicable settlement is reached,you would be given your day in court. If you admit your guilt, by pleading guilty to the criminal charge, it means that the penalty to be imposed upon you would be lowered. You are also entitled to a mitigating circumstance of minority. One who has not yet reached 18 is a minor. If, God forbid, you get convicted, you can still avail of the benefit of the Probation Law if the penalty imposed is 6 years or below. If you are under probation, you will not be put behind bars. You would only be regularly reporting to the Probation Officer regularly for an specified period of time. But the records of your conviction would be forwarded to the Police and the NBI. You could still apply for clearances there but it would be stamped (on your forehead?) that you had been convicted of the crime of Theft.    

There is also a possibility of acquittal, maybe, because the prosecution failed to establish your guilt beyond reasonable doubt.

The best thing to do now is to settle your supposed case amicably. If you need to cry and kneel down in front of the multi-billionaire owners of SM, you should do it in order to save your head. Maybe, your adversaries are the representative of the security (guards) agency having a contract with SM management. Probably, yours is not an isolated case. Such management has encountered similar experiences in the past and are expecting to encounter some more in the future. Their principal objective is to gain profits in such business establishment. But they are also instructed to deal with every case with prudence and caution.  

I do hereby make a fearless forecast that you would not be prosecuted in Court because there would be an Amicable Settlement. But if a few days later, you once again surface in a similar incident, it would be another story which you personally know better than anybody else.

One advantage of knowing the law is that you know which to fear and which not. The law profession is akin to that of a technician. There are physicians who need to be consulted so that a patient's malady could be cured and his life would be saved.    

Knowledge is power. Power tends to corrupt; absolute power, to corrupt absolutely. Legal Knowledge should be aimed at healing the ails of society. Among the ills of society are economic disparity anatomized by the unequal distribution of wealth and opportunities.

The root causes of social cancer are greed and selfishness which result in the use of dirty and unfair means to get wealth and power.

By the way, I seem to have exceeded in my legal advise. We need to move to another forum to exhaust other ideas in other fields of learning, for instance, the field of creative writing and journalism, wherein I was once involved, to where
'I shall return' after I take this year's Bar Examinations.

I think you are already off the hook as of encoding time. Otherwise, just make a post again and I shall give you further legal advise.

God bless, Baby.

                Addendum started at 1:09

I went back to your letter and was clarified that there is already a case filed against you. In fact you are out on bail.

But I will not erase my previous entries because they are also a rich source of legal knowledge of which i had exerted effort and spent precious time on.

Do all means to have your case settled amicably. Pay Php3,000.00 or even bigger, if necessary. Then, the complainant will have the case dismissed by executing an Affidavit of Desistance.

If your case is dismissed you are off the hook. One of the traces of your supposed case is your record in the Police Blotter, if any. But such is not yet a derogatory record because of the absence of cross examination of the maker of such entry. A Police Blotter is a mere record of routine police activities.

Police Blotter can also be a source of information in case a background investigation is conducted on you. It happens if you join the AFP or any other Government Agency where the conduct of background investigation is necessary.

If you are 18 years old, obviously, you are no longer a minor. One of the legal issues, however, is that you would need parental advice before you contract marriage. It is applicable if one is above 18 but below 21.

You should move heaven and earth in order to have your case dismissed.

Just until here, I am yet to read my Bar Reviewers, in preparation to take the Bar Examinations this coming November.

God bless again. Ingat.

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4 Re: SM THEFT CASE on Sat Sep 23, 2017 9:00 pm

wrrdmther


Arresto Menor
My daughter had the same situation as you before. She got caught with friends was detained and got out of bail in 3 days. We had a settlement with sm where we paid all the items she took (we didn't get the items anymore btw they took it as evidence) and they agreed to drop the charges. Got a hearing a month after and that was it. She got a record on sm but not at NBI or police. I hope yours goes well.

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5 Re: SM THEFT CASE on Tue Nov 07, 2017 1:04 am

qwertykamr


Arresto Menor
NOVEMBER 5, 2017 11:30-1:30PM
SM East Ortigas Dept Store

Hello sa lahat, my story happened today at SM department store.

Here's my story, my mom and I went shopping sa SM and we talked about if she have anything else to look for or shop for. So she said she need daster(pambahay). So I said "ok ma sa dept store tayo tumingin since I need to buy head bands". So going inside dept store I went to look for headbands atleast 3 designs and when I'm done I search for my mom on that floor kung saan ako nagcheck then she messaged me she's at 2nd floor restroom. So sabi ko "Okay ma, I'm looking for dresses lang and decide to fit 2 dress na maganda". I knew that my mom will pay for stuff I want namand din. So heading to the fitting room nagffit nko after I''m done nagpakuha ako another stock ng size ng isang dress due the dress alteration kasi di pantay and also bigger size nung isang dress tapos yung isa okay tapos binigay ko lahat ng dress na di ko bibilhin at nasukat. So yun nga tapos na ako magfit nagiintay kami ng mom ko sa fitting room for the saleslady na ibigay sakin yung gusto ko dress in right size, I suddenly put the other dress and headbands sa shopping bag ni Mommy na nabili niya outside the dept store. But while waiting, the saleslady asked me where other dress I tried na sabi ko naibigay ko na sa saleslady na kumuha ng other stock ng dress na hinihintay ko. So yun dumating yung nagbigay then okay na naglalakad na kami lumapit isang saleslady "mam yung stripe dress po nasa shopping bag niyo" sabi ko ay sorry nakalimutan ko tanggalin di ko na kukunin yung isa kasi siyempre may oras na kukunin mo at magiisip ka if u're sure or not while shopping. So I'm okay then we're heading to cashier to pay for my dress na is which cost 1499. Okay na, so pag labas namin dept store kumain kami ni mommy ng lunch before going home when we're done. May nagapproach samin na 2 employees asking for our receipt and for the items bought sabi ko ito yung bag na binilhan then mom checked meron pala naiwan na headbands na cost 149.75 pesos sa isa pang shopping na outside the store nabili so yun pa pala nakalimutan ko isama sa babayaran. Ginawa kong basket kumbaga. It was UNINTENTIONALLY taken. Since nagmamadali na kami umuwi ni ma, sinabi ko na di ko na bibilhin na lang peri sabi "sama daw ako sa office para makausap" so I followed them naman. On the way to the security office, kinausap ako and said write my statement sabi ko ano ba mga isusulat ko dito, kung ano daw ginawa ko sa dept store. So yep I wrote everything but they only said magiging okay lang po lahat "IF I'm going to cooperate with them" then I agreed since I'm positive and clear na wala ako balak magnakaw I have money more than the cost of the headbands value that was taken outside the store. So yun nga I just wrote my statement they gave me also a WAIVER paper to sign ako yung affidavit na pipirma but before I signed nilagay nila I took the stuff but INTENTIONALLY. Sabi ko di ito tama di ko sadya e. Tapos sinabi ba naman yung kelangan lang nila yung name and address saka value nung gamit na nailabas. So sabi ko ito ba yung sinasabi niyo makicooperate ako kahit di naman sadya and in the paper nakalagay sadya and I said they have to edit it kasi mali. Pero sabi bawal magedit kasi yung name and add lang ang need un lang daw ttignan o target. So i asked if I can take pictures or copy of my statement and the waiver. Bawal daw. At bakit? Confidential daw nila yun. And I feel like victim here. So i calm down and agree to their PROCEDURE/SYSTEM since my mom and I need to leave na for other meetings and kasi yun daw naman ginagawa nila sumusunod lang daw sila sa Procedure. They're doing this for them not to lose their jobs but instead of fighting for the right things. They said may evident sila, sabi ko are you saying ang evident niyo is yung may nakita kayo UNINTENTIONALLY di nabayaran. Tapos gagamitin niyo sakin ito dahil ganon nga para may makasuhan kayo. And if you're already following me and my mommy sa loob pa lang you should have stop me and pay for it. Kasi ang ginawa nila is let go and then later complaint outside na so they can file o whatever they will do. Oh also they ask me to count my money inside my wallet for CCTV purpose lang which is irrelevant sa issue. And if they physically abused when they approached pero hindi naman. Di ko lam bakit ganyan.

But anyway, after I signed my waiver and did my statement pinaleave na nila ako and assure me wala na itong follow up issues. They didn't take a mugshot or a pic of me but they have my ID info lang. not sure if they scan my id with pic pa or not.

Pero here's my question/curiosity, may mangyayari ba sakin after I wrote my statement and signed my waiver? Like may subpoena pa ba, hearing, and follow up arrest o ail, and my NBI Clearance mah-hit? Since wala naman sila sinabi na dapat kong gawin pa and they didn't even let me pay the 145.75 " unintentionally stolen" items para maginhawa pakiramdam nila. They just let me go after. From what I feel yung statement paper ko and waiver paper ay magagamit nila somewhere laban sakin. Kaya please tell me ano kaya mangyayari ba sakin after?

Can someone answer my dilemma? Please

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6 Re: SM THEFT CASE on Tue Nov 07, 2017 12:42 pm

xtianjames


Reclusion Perpetua
@qwertykamr
The only one who can answer your query is the company. it's up to them kung kakasuhan ka nila or hindi. unfortunately, kahit unintentional yung nangyari, technically this still constitutes as theft.

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