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Qualified Theft

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1 Qualified Theft on Mon Apr 18, 2011 9:46 pm

ronaldzzz2003


Arresto Menor
Hello Atty, need some advice lang, we already filed a qualified theft against my ex-gf kaso di pa cya nakatanggap ng subpoena. Gusto ko lang po ba malaman kung gaano kalakas yung case namin laban sa kanya. May anak po kami ng EX-GF ko, nakatira sila dalawa sa house ko for 1.5 years na. Last March umalis sila sa bahay dala yung car and some furniutres Here are the list of the itmes she took with her:
Samsung TV, Ceiling fan, Samsung ref/freezer, Wardrobe, 2 pcs, TV rack, Nintendo Wii,Sala set,IBM Laptop, Bedroom set w/ two side tables,Sony camera,Microwave,Electric stove;
Water dispenser,Washing machine,
Desktop computer, Aircon,
Colt 45 pistol,
Water heater bathroom, Divider,
Isuzu DMax,
Original copies of title of the house and lot, and the registration of the Isuzu, and other undetermined items;


Gaano po ba kalakas yung case namin against sa kanya. Live in partner ko lang po kac cya. Hindi po kami kasal. Gusto ko lang po malaman kac alam ko matatagalan pa po tong kaso na to.

Thank You Po!

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2 Re: Qualified Theft on Wed Apr 20, 2011 8:17 am

attyLLL


moderator
the case for the dmax should be carnapping not qualified theft. I see that you also looked up the effects on the properties of living-in together. she has a defense that she is a co-owner of those properties.

your argument that even if she is a co-owner, she has no right to deprive you of possession also.

anyway, in theft, you have to establish that she was the one who actually took the missing items by being the person last in possession. it is not enough that she and the stuff are missing.


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3 Re: Qualified Theft on Wed Apr 20, 2011 12:59 pm

ronaldzzz2003


Arresto Menor
My father filed the case for her, I was out of the country so my friend told me that I can not file a carnapping for the Dmax since I'm currently out of the country.

She's the one who took the furnitures with the helped of few men. They brought a 10-wheeler truck to haul all the stuff.My mother and helper saw the incident but my mom was scared that my EX-GF will harm her.MY EX-GF came back the following night to get the dining table, but the CHR agent already told my mom to change the lock of the gate so she can't take some stuff.

Atty, does it mean na she's entitled half of all my properties even if she did not contributed to acquire the house/lot and also the car?

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4 Re: Qualified Theft on Wed Apr 20, 2011 10:13 pm

attyLLL


moderator
my recommendation is that you let her argue that. you don't have to confirm that you are living in together as husband and wife because you are abroad and you are only allowing her to stay at the house by your mere tolerance and as your support to your child.

if all the stuff is registered in your name, then on its face, it is theft and it should pass through preliminary investigation and proceed to trial.

are you now in the philippines and can attend to the case personally?

let's stick to this thread so you don't have questions all over the forum.


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5 Re: Qualified Theft on Wed Apr 20, 2011 10:38 pm

ronaldzzz2003


Arresto Menor
The house/lot title is under my name and OR/CR the car. The money used to bought all the furnitures were from my salary alone but she's the one purchasing at the store using my money.So probably all the furnitures were under her name.

I am currently working here in Afghanistan so I can not attend the hearing personally, I left an SPA to my father when I was still in Philippines.He is the one who filed qualified theft against my EX-GF assisted by the Commission on Human Rights agaent. We filed Grave Threat also against her because she threatened my mother also. Anyway I'm more interested on the qualified theft case and about the Article 147.

Thank you so much for replying, I was affected so much about this case.

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6 Re: Qualified Theft on Wed Apr 20, 2011 11:23 pm

attyLLL


moderator
i still recommend a carnapping case.

you should be prepared to file a reply affidavit once she files her reply. you can have it notarized at the philippine embassy. even better if you have a lawyer representing you.


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7 Re: Qualified Theft on Wed Apr 20, 2011 11:28 pm

ronaldzzz2003


Arresto Menor
I have a lawyer handling this case already Atty., but he did not reply to all of my questions, I have a friend helping me out about the case. Is it possible to file a carnapping case against my EX even if I'm not in the Phil.? Can my father file a case for her instead?Tnx

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8 Re: Qualified Theft on Wed Apr 20, 2011 11:55 pm

attyLLL


moderator
you really should direct these questions to your own lawyer unless you can say that he has been negligent.


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9 Re: Qualified Theft on Thu Apr 21, 2011 12:14 am

ronaldzzz2003


Arresto Menor
I've been calling and emailing him but he did not reply any of my mail. We paid him already for the acceptance fee and aftr gaving him the money he did not bother to answer my calls.

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10 Re: Qualified Theft on Thu Apr 21, 2011 12:28 am

attyLLL


moderator
your father can file a carnapping case. note that you don't have to be physically here now, because you can execute an affidavit before the philippine embassy and send it here.


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11 Re: Qualified Theft on Thu Apr 21, 2011 12:32 am

ronaldzzz2003


Arresto Menor
Okay I'll do that, one problem is that there is no Philippine Embassy here in Afghanistan. I left an SPA to my father last December 2010, is it enough for him to file a carnapping case against my EX? Thank you for replying quickly Atty.

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12 Re: Qualified Theft on Thu Apr 21, 2011 9:11 am

attyLLL


moderator
yes, your father can initiate the carnapping case. your own affidavit isn't necessary until or unless she files a counter affidavit where she will try to justify what she did, then you will have to answer those allegations.


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13 Re: Qualified Theft on Thu Apr 21, 2011 11:01 am

ronaldzzz2003


Arresto Menor
OKay thank you po Atty. Sabihin ko nalang sa father ko na magfile kaagad. Okay lang po ba na may nakapagfile na kami ng qualified theft tapos sinama namin don ang Dmax tapos magfile na naman ng carnapping?

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14 Re: Qualified Theft on Thu Apr 21, 2011 11:44 am

attyLLL


moderator
yes, in the investigation form, your father can indicate that there is a related case so they can be consolidated.

where is your gf now?


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15 Re: Qualified Theft on Thu Apr 21, 2011 12:42 pm

ronaldzzz2003


Arresto Menor
She's in the Philippines now. Thank you Atty.

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16 Re: Qualified Theft on Mon Jun 06, 2011 11:59 am

chanely 73


Arresto Menor
same case happened to my friend but ds time d wife took everything and just left hongkong and went home to phils can my friend file a case atty? d wife has no job to acquire those things can he file for qualified theft here in phils?

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17 Re: Qualified Theft on Tue Jun 07, 2011 3:48 pm

attyLLL


moderator
not exactly the same case if the your friend is married. she is a co-owner of those properties by virtue of the marriage.


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18 Re: Qualified Theft on Tue Jun 07, 2011 3:54 pm

lynski


Arresto Menor
SO my friend can never file a case agaisnt d wife? thier marriage is void bec d guy s still married to his first wife case s still pending in court for Nullity.

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19 Re: Qualified Theft on Tue Jun 07, 2011 5:11 pm

attyLLL


moderator
that kind of makes it worse. he's very vulnerable to a counter charge of bigamy. he can file a criminal case, but i do not believe it will prosper.


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20 Re: Qualified Theft on Sun Nov 20, 2011 4:58 pm

mhe-anne


Arresto Menor
pwede ko po bang kasuhan ang japanese live in partner ko ng qualified theft at ang driver nito dahil kinuha nila ang mga sasakyan ko at ang mga gamit sa loob ng bahay na binili ko under my name..?
may dalawa po rin kaming anak..salamat po.!
sabi daw po ng pulis na di ko daw pwede kasuhan dahil live in partner kami..totoo po ba un.??

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21 Re: Qualified Theft on Fri Jan 06, 2012 11:41 am

vanessa_solver2000


Arresto Menor
hi atty,

good morning po nakasuhan po ako ng dati kong employer 3 years ago na qualified teft pinadalhan po akp ng subpeona last dec13, nagkataon iweas in daet and after 4 days namatay ang papa ko so hindi ko po na asikaso then ng dumating kami ng ika 10 day pumunta po ako ng city prosecutor dec23 wala po sila doon inaadvice nya po ako na gumawa ng sagot sa paratang ng complainant. then magpagawa daw po ako ng motion for extension nagkataon po atty kamamatay pa lang po ng papa ko walang wala po kami kapera pera na pagpagawa ng motion for extension su ng lumapit po kami sa pao nakainlive daw po ang atty na maghahandle sa akin it was dec26 . kaya bumalik po ako ng daet . then kahapon po pumnta po ako sa pao ang sagot sa akin is nakataas na raw po ang kaso gusto ko lang po malaman kong puwede pa ron po ba ako gumawa ng motion fpr extension
even po may valid reason po ako gusto ko lang po na patunayan na wala po akong ninakaw at kinuhang pera sa kanila dahil kahit kailan po wala po akong natanggap na demand letter anu po gagawin ko atty ?

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22 Re: Qualified Theft Today at 2:01 am

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