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Qualified Theft & Falsification of Documents

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1 Qualified Theft & Falsification of Documents on Wed Mar 23, 2011 6:04 pm

bagoptions


Arresto Menor
I am writing to ask for help about a case (Qualified theft) against my husband by his former employer's family. In 2009, his employer left for the US and left his company for my husband to manage. The company is not doing so good at that time and he was left with a lot of debts from suppliers. In May of 2010, his employer's sister took over the company and accused my husband of stealing funds for the company. We are left with no choice but to look for legal representation because of this. He was terminated in July after working for their company since 2005. Government mandated contributions were not paid by the company (SSS,PAg-IBIG, etc) and the company has no BIR registration and all the necessary permits. The receipts that they are accusing him of falsifying are not even real receipts that were issued by the BIR. All the receipts and documents are obviously in their hands and I wonder how my husband would be able to prove his innocence when they have everything with them?

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attyLLL


moderator
was a case actually filed at the prosecutor's office?

it has to be shown that he is the one who falsified or used the receipts. how was damage supposed to have been incurred by the company? there was supposed to be a payment to BIR, but instead of actually paying, he is accused of pocketing the money?


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bagoptions


Arresto Menor
was a case actually filed at the prosecutor's office?

Yes there was a case filed at the prosecutor's office.

it has to be shown that he is the one who falsified or used the receipts. how was damage supposed to have been incurred by the company? there was supposed to be a payment to BIR, but instead of actually paying, he is accused of pocketing the money?

No, he did not get the money that wa supposed to be a payment for the BIR, what I meant was, the company is not even registered and they are not paying taxes as well as government mandated contributions for their employees. The OR and Sales invoices that they are using are not legal.

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attyLLL


moderator
while you can file your own complaint, the problem will be that you may be adding problems for your husband because he was the one in charge at that time. this sounds like an accounting and reconciliation problem first.


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