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PD 1612 or qualified theft?

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1 PD 1612 or qualified theft? on Thu Apr 28, 2011 6:07 pm

johncamagon


Arresto Menor
my driver stole my TV while i was out of the country, i discovered it when i arrived but the incident happened two weeks ago as indicated on a pawn ticket recovered from him.
questions,
1. Can i sought Police assistance to effect his arrest the time/day i discovered the crime?can he be arrested and be brought to fiscal.
2. if he will be arrested but i have to attend another conference for 3 days and it needs me to travel again and only i can do is to make him arrested and my statement is out of my hectic schedule. can the police file a complaint/prosecute the suspect without me, what will happen to the suspect if i will be gone 3 days?
3.can the police recover the TV from the pawnshop immediately and returned it to me?
4. Is it me who will file Anti-fencing against the pawnshop?
thnx for the legal advice you can share.

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2 Re: PD 1612 or qualified theft? on Thu Apr 28, 2011 6:40 pm

attyLLL


moderator
anti fencing will not apply. a possessor of a movable property is presumed to be the owner so the pawnshop has no liability.

i do not believe the police should arrest him because he was not caught in the act of stealing the tv, and it had not just occurred.

it will be better for you to file a complaint at the police, and then file a complaint affidavit at the prosecutor's office. if there is someone you can authorize to represent you even better.


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3 Re: PD 1612 or qualified theft? on Mon May 09, 2011 8:03 pm

chelle


Arresto Menor
pls help me, i need an advise.. nkagamit po ako ng pera ng company dhil ndn po sa gipit ako, im a sales agent and allowed to collect money from our clients. 122k po ang ngstos ko ng paunte unteat ngyn nhuli n ko ng company. last friday po hndi ako mkaalis ng ofice until pngwa ako ng leter na ng pagAmin. gumawa promisory note at ngyng may 30 dpt mblik yun pera wla po ako mhagilapan ng ganung halaga agad agad,ngpunta knina supervisor sa bahay at sinabing pagdi ako ngkapgcomply sa date na schedule ittuloy n yung case they even hold me para d ako mkaalis ng bnsa, wla nmn po ako kkayahang umalis ng bnsa dhil 5mnths pregnant ako at wla akong pera to travel, nttkot lng ako mgpakita sa ofice dhil bka ihold nla ako at d na makauwe.please i need an advise, gusto ko ng mapakamatay wla akong mpunthang tao para maktulong skn.

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