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

just want to ask for an advice

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

1 just want to ask for an advice on Sun Nov 19, 2017 11:42 am

simply_joey


Arresto Menor
I have a friend who is in abroad. He wants to go back to Philippine but he is afraid. He was accused of raped and some death threats before he left the country. How will he know if its safe to go home? He is afraid that as soon as he arrived at the airport and immirgration verifiy his name, police will come and arrest him. How will he know if the case is file in court or at NBI? He already renew his passport several times so his thinking maybe it wasn't filed at all but then he wants to be sure.

Please help. He needs to go back to Philippine for his father's first year death anniversary. I hope you can help us with this.

Thank you and more power!

View user profile

2 Re: just want to ask for an advice on Sun Nov 19, 2017 12:30 pm

xtianjames


Reclusion Perpetua
Advise him to apply for NBI clearance while abroad. If he has a case, it will get reflected there. This can usually be done at the Philippine consulate where his at.

View user profile

3 Re: just want to ask for an advice on Sun Nov 19, 2017 12:46 pm

simply_joey


Arresto Menor
Thank you so much for your reply. Can he does it online?

View user profile

4 Re: just want to ask for an advice on Sun Nov 19, 2017 2:09 pm

xtianjames


Reclusion Perpetua
No, he has to personally apply.

View user profile

5 Re: just want to ask for an advice on Sun Nov 19, 2017 3:12 pm

simply_joey


Arresto Menor
Oh I see. So if ever he got "hit" by NBI. Is it going to affect his status in the embassy abroad? Will the embassy do something about it, like deport him or report him to the authority?

Thank you so much for your kind reply. Everything you say is really a big help. Pls reply more to my queries so that it will clarify more and ease his confusion and anxiety. God bless you.

View user profile

6 Re: just want to ask for an advice on Sun Nov 19, 2017 4:49 pm

xtianjames


Reclusion Perpetua
If he will not be able to get an NBI clearance, then that's your confirmation that he has a case in the Philippines. He has to elect a legal representative in the Philippines to check the status of the case.

No, he will not get deported or reported to the authorities by the consulate if he fails to get the NBI clearance.

View user profile

7 Re: just want to ask for an advice on Mon Nov 20, 2017 2:19 am

simply_joey


Arresto Menor
Sir, one more thing. I know this might sound crazy but is there any posibility that because of this, the authorities here in the Philippines will be alerted and send a subpoena or a warrant of arrest through the embassy abroad?

Thank you so much and more power. :-)

View user profile

8 Re: just want to ask for an advice on Mon Nov 20, 2017 1:02 pm

xtianjames


Reclusion Perpetua
Nope. Unless his a high profile criminal, the Philippines doesn't have the resources to do this tedious things for every criminal.

View user profile

9 Re: just want to ask for an advice on Mon Nov 20, 2017 2:36 pm

simply_joey


Arresto Menor
Oh thank you so much. I will tell him everything you said. This information will help him so much. God bless you.

View user profile

10 Re: just want to ask for an advice on Tue Nov 21, 2017 7:14 pm

simply_joey


Arresto Menor
Sir, another question po regarding my friend's case. His wife searched on the net about his case. She has found a list of wanted criminals in their province and found that his husband is on the list. However, the name is quite different from his real name. An alias was used. But they knew that it was him because he is the only guy there in the province with that name. His case was raped. He was acused of his ex girlfriend because he doesn't want to acknowledge her pregancy. He said he was sure that it was not his because of the period that they were separated. The girl insisted and her father threatened my friend's husband. The husband wanted a DNA test but the family refused and filed a raped case instead. My question is, is there anything we could do about it without any court hearing? Is raped a non-bailable case? What shall we do to prove his innocence without getting jail?

Thank you and hope you can help us with this.

View user profile

11 Re: just want to ask for an advice on Tue Nov 21, 2017 7:24 pm

xtianjames


Reclusion Perpetua
If he is already convicted, then he will be arrested. Hire a lawyer to see if he can still file for an appeal.

View user profile

12 Re: just want to ask for an advice on Tue Nov 21, 2017 7:37 pm

simply_joey


Arresto Menor
What do you mean convicted, sir? Does it mean he has already a case? What appeal should they file? The case was filed while he is in abroad. He doesn't have any idea about it except when his sister informed him. The case happened more than 10 years ago. He and his family forgotten about it. They thought that maybe it doesn't exist anymore. However, he needs to go back home next year and his sister reminded him about it because they are afraid about the case. They realy don't know what to do so they are seeking for advices first before doing something about it.

Thank you so much.

View user profile

13 Re: just want to ask for an advice on Tue Nov 21, 2017 7:51 pm

xtianjames


Reclusion Perpetua
You mentioned that he is in a wanted criminals list. If you are considered a criminal, then you are convicted of a crime.

What I would advise is to get more information regarding the case like where the case was filed to confirm if he was really the one convicted. Once it has been confirmed that he is really the one who has a conviction, hire a lawyer and see if anything can be done.

View user profile

14 Re: just want to ask for an advice on Tue Nov 21, 2017 8:06 pm

simply_joey


Arresto Menor
Thank you for the info regarding conviction. I really don't have any idea about it.

I will inform him about that. I don't know much of the things they are doing at the moment but I am just trying to help to seek for more advices. Then in the end, hopefully they can decide what to do with it.

Pls don't stop answering my queries, sir. I think as the days progress I will have more questions to ask and advise needed.

Thank you and more power!

View user profile

15 Re: just want to ask for an advice on Tue Nov 21, 2017 8:12 pm

xtianjames


Reclusion Perpetua
No worries. Advise him to clarify if he really is the one convicted as soon as possible as conviction is not quickly overturn. If appeals can still be filed, then another court proceeding will happen.

View user profile

16 Re: just want to ask for an advice on Tue Nov 21, 2017 8:16 pm

simply_joey


Arresto Menor
Thank you, sir. Will tell him right away.

He is far away from home. Will his representative can do that for him?

View user profile

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