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The accuse lost a case on B.P. 22

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1 The accuse lost a case on B.P. 22 on Tue Jul 26, 2011 2:56 pm

yonP


Arresto Menor
When does she serve the jail term of 6 months? The judge has resolve the B.P. 22 case and in the verdict there is a 6 months jail term. I was late in the hearing, and I find the convict still free. Is it not that once the sentence is read, she goes right away to jail?

Regarding the Promissory note, it stipulates that 5% compounded interest will be imposed plus 25% attorney's fee, yet, in the court decision, I only was awarded with 12% per annum. Can I petition that I be awarded a 5% compounded interest as what has been agreed on and reflected on the Promissory note?

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2 Re: The accuse lost a case on B.P. 22 on Tue Jul 26, 2011 10:49 pm

attyLLL


moderator
congratulations on the win. the case is not yet final; they can appeal so no jail term yet. they may even file for probation so no jail time at all.

5% monthly interest? that is an unconscionable rate and no judge will ever award that.


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3 motion for execution? on Wed Jul 27, 2011 4:26 am

yonP


Arresto Menor
When can I make a motion for execution? Can I attach their conjugal property like house and lot? Last, can I a non-lawyer represent myself in court for the motion for execution?

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4 Re: The accuse lost a case on B.P. 22 on Wed Jul 27, 2011 11:22 pm

attyLLL


moderator
only when the case is final, but you can request for attachment now if you are willing to pay for the bond. you can represent yourself at the MTC


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5 Re: The accuse lost a case on B.P. 22 on Mon Mar 26, 2012 12:12 pm

yonP


Arresto Menor
I got a problem. I won the case on B.P. 22 at the MTC, then the accused elevate it to the RTC. The first decision was in my favor. Then the Council of the accused requested for "Motion for Reconsideration." To my surprise, the RTC granted the request of the Accused to present those unmarked evidences they failed to show at the MTC. They have so many evidences and in perusal, at first it is convincing and would turn the table on me.

The presciptive of 15 days has now passed. Can I submit a "Motion for Reconsideration" too. to show my other evidences to counter theirs? Can I appeal that since the RTC allowed them to show unmarked exhibits, so then, can I also submit my reply? Please help me, I am not a Lawyer and I am confuse. I have prepared my reply with a title of "Confirmation of passed obligations by the accuse."

They are working on the civil aspect of the case. Can I submit my reply by myself or do I have it noterized and submit it. Will the RTC entertain my appeal because their evidences is so damaging.

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6 Re: The accuse lost a case on B.P. 22 on Mon Mar 26, 2012 1:53 pm

hitomi_mari


Arresto Menor
to: yonP
may gusto rin sana akung filan case collection of sum of money tapus my checke...ilang taon inabot ung case ,o sa bp22 bago madisisyunan totoo bang matagal ang proseso? pls. reply tnx


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7 Re: The accuse lost a case on B.P. 22 on Sat Mar 31, 2012 5:46 pm

attyLLL


moderator
yonP, you should ask help from the prosecutor to comment on those evidence. new evidence on appeal is not allowed unless there is a very good reason.


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