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qualified theft

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1 qualified theft on Wed Aug 31, 2011 1:34 am

NAYRDE


Arresto Menor
Good eve. Just want to help my friend(accountant) who has been accused of qualified theft by her ex-employer amounting to almost 1.1M. This amount is covering four years of company's disbursements she processed before including salaries of ghost employees? Please answer the following questions:

1. Is she really the one liable even she's just in a rank and file position?
2. She was forced to make and sign a written statement admitting that she did what her ex-employer is accusing. Is this valid in court?
3. Its her 3rd year in jail as detainee and suffering the accusation against her, what's the best thing she can do?

She has lawyer from PAO but the process is too slow, the hearing is always delayed and rescheduled for some reason.

Really need your help please... Thank you and more power.

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2 Re: qualified theft on Mon Sep 12, 2011 4:42 pm

pja_14


Arresto Menor
even if she is just a rank and file if she has full control of the disbursement then she will be liable. her written statement i believe is valid only if signed in front of a lawyer or fiscal during the preliminary investigation. best thing she can do? find another lawyer that can focus on her case because PAO has a lot of cases (as in lots of cases). anyway that's just my opinion better ask a lawyer already because they know more than me. i'm an CPA din but studying law and on my first year pa lng but i have encountered the same case (ako nga lng ung nkahuli. hehe.) contrary to the situation of your friend.

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3 Re: qualified theft on Mon Sep 12, 2011 8:30 pm

rodel rimando


Arresto Menor
I am one with pja_14 when he/she said that even if your friend is a rank and file employee, she can still be made liable. To add, she holds an office which entails a matter of trust and confidence. As an accountant, she has the discretion not to affix her signature if she sees manifest wrong or irregularity in the disbursements.She could have made her objections and placed a note over the unacceptable matters. Affixing one's signature is not a purely mechanical act but entails the use of intelligence. However,as to her culpability and liability,that is yet to be proved because there is no judgment yet to speak of.

She could have filed a motion for bail through her lawyer to avail of her temporary liberty. And while free under bail, the time could be used in the preparation of her defense.

It is best for her to hire a private counsel who can make himself/herself available because PAO lawyers are, most often than not, are over loaded with cases. Once you've hired a private lawyer, share the following:

1. She to ask the counsel to file a motion for bail;
2. She will tell the fact that she is only coerced by immediate superiors to sign in the disbursements;
3. Do not be afraid to unfold the truth to the counsel. Be truthful in making statements so that the lawyer will know what really transpired and such will aid him in formulating a good defense;
4. If she still has in her possession, documents and/or witnesses, she must produce the same. These might be useful in proving her innocence.

It is also wise to anticipate administrative proceedings like a complaint for the cancellation of her CPA License.

I hope that will help. If ever I made a wrong counsel, please feel free to correct the same. Thank you and may she obtain justice that she really deserves.

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4 Re: qualified theft on Wed Sep 28, 2011 8:43 am

Arbiter


Arresto Menor
Tell her to file a petition for bail while her case is pending.

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5 Re: qualified theft Today at 2:01 am

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