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counter affidavit and areglo

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1 counter affidavit and areglo on Wed Sep 07, 2011 8:12 pm

simpleporfavor


Arresto Menor
good evening...
would like to ask po sana, in a case tuwing kelan po pwde mgfile ng counter affidavit? and if there is an areglo or negotiation between complainant & accused, possible po ba maipullout ung case before maifile?or madala sa fiscal?
is it possible that complainant agree for the agrelo but they still pay for the filing of the case? what should have they done prior filing of case?
sana po mabigyang pansin ung mga katanungan ko..maraming salamat

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2 Re: counter affidavit and areglo on Thu Sep 08, 2011 11:47 pm

attyLLL


moderator
prosecutor will issue a subpoena for you to file your counter affidavit. a settlement is possible but it depends on the nature of the complaint. costs can be agreed upon.

always, it is evidence that is most important in preparation for a case.


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3 Re: counter affidavit and areglo on Fri Sep 09, 2011 5:53 pm

simpleporfavor


Arresto Menor
thanks much for the response...
follow up question,
if the complainant agree with the settlement, maari po bang bawiin ung sinubmit na complaint
before mafile and marafle?para di na po maakyat sa court?

complainant and family of defendant already agree with the settlement prior filing the case.
but the complainant already paid the filing fee, they told the family of defendant to talk with the fiscal before daw marafle ung case kung sa mtc or rtc sya maiiakyat. the family of defendant asked the mtc, they were advised to seek assistance from pao, kung cno daw judge and pwde kausapin that the complainant already agree with the settlement and iuurong na ung case.
but the family of defendant were surprised after knowing that case already rafled and now in court.
thanks..

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4 Re: counter affidavit and areglo on Fri Sep 09, 2011 8:07 pm

attyLLL


moderator
it's too late now. at the arraignment, the parties can allege that there was a desistance and hopefully the judge will dismiss the case then.


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5 Re: counter affidavit and areglo on Mon Sep 12, 2011 1:41 pm

simpleporfavor


Arresto Menor
thanks po..too late na nga kc case is now in court.
just want to understand lng po ung process from the brgy to police station then to fiscal..just felt po kc na parang my mali sa naging proseso nila e.
the family of defendant already have no choice, they have to defend their selves..actually, ung gulo po ngstart sa complainant, defendant have witnesses naman to proof that they are innocent. nauna lng kc mgfile ng complain ang complainant..

atty,ask ko din po sna na possible ba sa any local government units na may pasok ang isang fiscal during sunday? thanks

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6 Re: counter affidavit and areglo on Wed Sep 14, 2011 11:20 pm

attyLLL


moderator
yes, if he is assigned as an inquest officer.


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