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Estafa and Fraud Case

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1 Estafa and Fraud Case on Thu Jun 02, 2011 7:06 pm

mommyblogger4u


Arresto Menor
Hi atty.

I just wanna ask. My husband and my mother in law sued my husband's cousin for Estafa and Fraud. His cousin is currently working in Dubai. What will happen with the case? and then pag meron nang case sa court, automatic ba na malagay yung case sa NBI clearance kahit hindi pa siya convicted? if ever it will, is the record permanent? or mawala yung record pag ma acquitted siya? Thanks atty.

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2 Re: Estafa and Fraud Case on Thu Jun 02, 2011 11:49 pm

attyLLL


moderator
the case can continue at the prosecutor level. the cousin can still file a counter affidavit by having it notarized before the philippine consulate and send it here.

if the prosecutor finds against him, then the case will be filed in court but archived if he cannot be arrested or until he files bail.

if a warrant of arrest is issued, then it will appear in his nbi record. it will be removed if he is acquitted.


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3 Re: Estafa and Fraud Case on Fri Jun 03, 2011 8:54 am

mommyblogger4u


Arresto Menor
atty,

if the prosecutor finds that the case is with basis and with sufficient evidence then be allowed to be filed in court, will the court then issues a warrant of arrest for this person? or they'll just gonna send a subpoena for them to make a statement or make a counter affidavit?

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4 Re: Estafa and Fraud Case on Fri Jun 03, 2011 11:01 pm

attyLLL


moderator
the prosec will first send a subpoena to the address you provide. then whether he submits a counter affidavit or not, the prosec will resolve the case and decide whether sufficient evidence was presented. if there was, he will file the case in court, and the the judge will issue the warrant of arrest.


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5 Re: Estafa and Fraud Case Today at 7:36 pm

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