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BP 22 Case Dismissed but.......

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1 BP 22 Case Dismissed but....... on Sat Mar 05, 2011 2:21 pm


Arresto Menor
Good afternoon Attorney. Ask ko lang po. Yung friend ko na dismissed na yung BP 22 case niya. Meron din siya Affidavit of Diesistance from the complainant, yung complainant di nagbayad ng ducket fee then nung ma receive niya yung Affidavit of Desistance na dismiss nga yung case. But apparently, meron siya kung dun sa loan niya which yun yung interest charges na lang. Meron binigay sa kanyang sort of billing statment dun nakalagay yung monthly niya. Yung first month hindi niya nabayaran pa kasi gipit pa. Di naman niyatatalikuran yun. Sabi nung atty na asawa nung na loanan niya hahrangin daw yung apag alis niya papuntang US. Pede po ba yun? Pede pa ba siyang idemanda thnking dismiss na yung case?

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2 Re: BP 22 Case Dismissed but....... on Sun Mar 06, 2011 12:27 pm


Arresto Menor
Hi po. Ngyon nakare ceived pa po kami ng letter stating that:

"We regret to note that you failed without any justifiable reason to honor your first schedule of payment of Php 5070.00 last February 28, 2011 nothwithstanding the fat that we have complied with our part of our agreement to help you cause the dismissal of your criminal case with the court. It appears that you repeatedly refused to receive our calls and you intentionally make your slef unavailable and practivally ignoring and absconding from us.

In this connection we are serving you this FINAL NOTICE to comply with your prestation within 72 hours otherwise we sahll deem your non-compliance as an act of BAD FAITH on your part with intention to DECEIVE and to commit FRAUD

Hence we shall be obliged to take all the necessary legal remedies to prevent you from having this case dismiss including but not limited to recanting our affidavit of desistance and perhaps the filing of the other possible criminal and/or civil cases against you and your mother as circumstances may warrant.

Copy furnished:
National Bureau of Investigation Manila
Office of the Clerk of Court, MTC Manila
Office of the Prosecutor of Manila
Department of Foreign Affairs
Office of Immigration and Deportation Board
Office of United States of America Embassy

Sir,my friend got her Affidavit of Desistance and the Order of Court that the case is dismiss already. Dapat po ba na ang Interest lagyan pa rin ng interest. from 8750 na balance binayaran sila ng 17500.00 tapos may kulang pa raw na 29,070.00 - bakit po ganun? tama ba yun? Sana po you could help us. paalis na rin po kasi kami ng friend ko sayang naman yung opportunity niya sa US. Thanks po ng marami.

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3 Re: BP 22 Case Dismissed but....... on Sun Mar 06, 2011 2:23 pm


it is not clear what kind of dismissal (provisional or permanent), but if based on an affidavit of desistance, it appears to be a permanent dismissal. i do not know how the the computations were made.

I do not know either how the US government will react, if at all, to this letter. but philippine authorities will not prevent her leaving just based on this.

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