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Can a complainant file a case against someone who has already left the home country?

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nenette29


Arresto Menor
May mga utang po na hindi nabayaran nung umali pero wala naman siyang naiwan na address sa Pilipinas? Pwede ba akong mag file ng boucing check na kaso in case na bumalik yung tao sa bansa?

Marami pong salamat.

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2 can a complainant file a case..... on Sat May 07, 2011 1:48 pm

filing a case is normally expensive, moreso, some litigants are unaware of the legal fees surrounding the case they want to institute.Legal fees depends on the amount involved in the complaint of B.P. 22 otherwise known as the Anti-bouncing checks law. Also, now this case has been decriminalized by the Supreme Court-meaning it is now a civil case.

I suggest that filing such case would render you on a waiting game, unless the respondent for the case you intend to file will return home. This will be stalled considering that the court need to acquire jurisdiction over the respondent before your case will be heard.

It will still be your decision whether or not to institute a case against the person who issued you the checks.



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nenette29


Arresto Menor
Thank you for the reply.

Does that mean I can still file a case even though the person is overseas? Or will I be just wasting time and money for now because I am not sure if the person has intentions of going back to the Philippines.

Pasensya na po.

Thank you again.

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attyLLL


moderator
the case can continue until the point of arraignment. if the accused does not appear, a warrant of arrest will be issued. if you file your case, the family here may try to settle with you.


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Well, decision will be up to you. Filing it now can be interpreted as waste of your time and money. Though, if you know the address of the respondent for this case, if he/she is an OFW, upon filing of the case, you can send a copy of your complaint to the Philippine Consulate of the country he/she is in right now and you may ask their assistance to get in touch with the employer. If he/she is an immigrant of the US and intending to apply for US citizenship, this may help US immigration authorities to render him unfit to become one in their country considering that he/she violated the law of his country of origin and having a pending case. Also, you may furnish a copy through a letter seeking assistance before the Office of the Bureau of Immigration in Intramuros. This is just to get even on him/her for the inconvenience he/she caused you.


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nenette29


Arresto Menor
Last na lang po - mga $25,000 na lang ang utang sa akin kasi binabayaran ng mother ko paunti until - pwede ba na i-file ko sa watch list ng Immigration kahit di ako nagsampa ng kaso?

Thanks and God bless.

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everything is possible under the sun... when money talks everybody listens, so to speak. i think if someone from that office that you know can help you try it... but as far as legality is concern you can not just have someone be placed and listed in their watchlist considering that no legal basis is in effect

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attyLLL


moderator
no, you have to actually file a criminal case in order that a watch list order can be applied for and issued.


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