At the outset, let’s remove any possibility of misunderstanding that may be caused by the title of this post. The reference to a “preliminary investigation in criminal cases” does not imply that there’s a preliminary investigation in civil cases – there’s none. Preliminary investigation is a part of the rules of criminal procedure. Simply stated, it’s available ONLY in criminal cases.
1. What is Preliminary Investigation?
Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.
2. What is the Nature and Purpose of preliminary investigation?
The determination of probable cause during a preliminary investigation is an executive function, the correctness of the exercise of which is a matter that the trial court itself does not and may not be compelled to pass upon.
In a preliminary investigation, the investigating prosecutor makes a determination if there’s a probable cause, which is the existence of such facts and circumstances as would excite the belief, in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person charged was guilty of the crime for which he was prosecuted. It has been explained as a reasonable presumption that a matter is, or may be, well founded, such a state of facts in the mind of the prosecutor as would lead a person of ordinary caution and prudence to believe, or entertain an honest or strong suspicion, that a thing is so. The term does not mean “actual and positive cause” nor does it import absolute certainty. It is merely based on opinion and reasonable belief. Thus, a finding of probable cause does not require an inquiry into whether there is sufficient evidence to procure a conviction. It is enough that it is believed that the act or omission complained of constitutes the offense charged, as there is a trial for the reception of evidence of the prosecution in support of the charge.
The purpose of a preliminary investigation is to secure the innocent against hasty, malicious and oppressive prosecution, and to protect him from an open and public accusation of a crime, from the trouble, expense and anxiety of a public trial, and also to protect the state from useless and expensive trials. A preliminary investigation serves not only the purposes of the State. More important, it is a part of the guarantees of freedom and fair play which are birthrights of all who live in our country. It is therefore, imperative upon the fiscal or the judge as the case may be, to relieve the accused from the pain of going through a trial once it is ascertained that the evidence is insufficient to sustain a prima facie case or that no probable cause exists to form a sufficient belief as to the guilt of the accused. The judge or fiscal, therefore, should not go on with the prosecution in the hope that some credible evidence might later turn up during trial for this would be in flagrant violation of a basic right which the courts are created to uphold. (Salonga vs. Cruz Paño)
3. When is preliminary investigation required?
A preliminary investigation is required to be conducted before the filing of a complaint or information for an offense where the penalty prescribed by law is at least four (4) years, two (2) months and one (1) day, without regard to the fine.
A preliminary investigation is not required in cases of “warrantless arrests.” When a person is lawfully arrested without a warrant involving an offense which requires a preliminary investigation, the complaint or information may be filed by a prosecutor without need of such investigation provided an inquest has been conducted in accordance with existing rules. However, after the filing of the complaint or information in court without a preliminary investigation, the accused may, within five (5) days from the time he learns of its filing, ask for a preliminary investigation.
4. Who are the officers authorized to conduct preliminary investigations?
- The following may conduct preliminary investigations:
- (a) Provincial or City Prosecutors and their assistants;
- (b) Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts;
- (c) National and Regional State Prosecutors; and
- (d) Other officers as may be authorized by law.
5. What are the basic steps in preliminary investigation?
The basic steps (further discussed in the subsequent paragraphs) in preliminary investigation are:
- 1. Filing of the Complaint-Affidavit.
- 2. Issuance of subpoena by the investigating prosecutor to the respondent.
- 3. Filing of Counter-Affidavit by the respondent.
- 4. If allowed by the prosecutor, filing of Reply-Affidavit (by the complainant) and Rejoinder-Affidavit (by the respondent).
- 5. Resolution.
[See also Preliminary Investigation for Children in Conflict with the Law]
6. What are the requirements in filing the Complaint-Affidavit?
The complaint shall state the address of the respondent and shall be accompanied by the affidavits of the complainant and his witnesses, as well as other supporting documents to establish probable cause. They shall be in such number of copies as there are respondents, plus two (2) copies for the official file. The affidavits shall be subscribed and sworn to before any prosecutor or government official authorized to administer oath, or, in their absence or unavailability, before a notary public, each of whom must certify that he personally examined the affiants and that he is satisfied that they voluntarily executed and understood their affidavits.
The complaint is also generally required to pay filing fees.
7. What actions are taken by the investigating prosecutor after the complaint is raffled to him/her?
Within ten (10) days after the filing of the complaint, the investigating officer shall either dismiss it if he finds no ground to continue with the investigation, or issue a subpoena to the respondent attaching to it a copy of the complaint and its supporting affidavits and documents.
I haven’t encountered any case where the investigating prosecutor dismissed the case prior to the issuance of the subpoena. Moreover, in practice, the complaint and the annexes are not usually attached to the subpoena, but are provided to the respondent during the initial stage.
8. How is the Counter-Affidavit submitted by the respondent?
Within ten (10) days from receipt of the subpoena with the complaint and supporting affidavits and documents, the respondent shall submit his counter-affidavit and that of his witnesses and other supporting documents relied upon for his defense. The counter-affidavits shall be subscribed and sworn to and certified before the investigating prosecutor (which means that the respondent must generally be present during the submission of the counter-affidavit), with copies furnished to the complainant. The respondent is not be allowed to file a motion to dismiss in lieu of a counter-affidavit.
9. Can the investigating prosecutor resolve the complaint if the respondent does not appear?
Yes. If the respondent cannot be subpoenaed, or if subpoenaed, does not submit counter-affidavits, the investigating office shall resolve the complaint based on the evidence presented by the complainant. Within ten (10) days after the investigation, the investigating officer shall determine whether or not there is sufficient ground to hold the respondent for trial.
This is the reason why, even in cases where a preliminary investigation is required, it’s entrely possible that a warrant of arrest may be isued without the respondent/accused being informed about or having participated in a preliminary investigation. So, don’t disregard a subpoena in a preliminary investigation.
10. How is the resolution prepared?
If the investigating prosecutor finds cause to hold the respondent for trial, he shall prepare the resolution and information. He shall certify under oath in the information that he, or as shown by the record, an authorized officer, has personally examined the complainant and his witnesses; that there is reasonable ground to believe that a crime has been committed and that the accused is probably guilty thereof; that the accused was informed of the complaint and of the evidence submitted against him; and that he was given an opportunity to submit controverting evidence. Otherwise, he shall recommend the dismissal of the complaint.
Within five (5) days from his resolution, he shall forward the record of the case to the provincial or city prosecutor or chief state prosecutor, or to the Ombudsman or his deputy in cases of offenses cognizable by the Sandiganbayan in the exercise of its original jurisdiction. They shall act on the resolution within ten (10) days from their receipt thereof and shall immediately inform the parties of such action.
11. Can the Information be filed without the written authority of the proper authorities?
No complaint or information may be filed or dismissed by an investigating prosecutor without the prior written authority or approval of the provincial or city prosecutor or chief state prosecutor or the Ombudsman or his deputy.
Where the investigating prosecutor recommends the dismissal of the complaint but his recommendation is disapproved by the provincial or city prosecutor or chief state prosecutor or the Ombudsman or his deputy on the ground that a probable cause exists, the latter may, by himself, file the information against the respondent, or direct another assistant prosecutor or state prosecutor to do so without conducting another preliminary investigation.
An Information filed in court may be quashed, among other reasons, if it does not contain the approval or authority of the aforementioned superiors.
12. What is the procedure if the preliminary investigation is conducted by a judge?
The procedure is basically the same as described above. Within ten (10) days after the preliminary investigation, the investigating judge shall transmit the resolution of the case to the provincial or city prosecutor, or to the Ombudsman or his deputy in cases of offenses cognizable by the Sandiganbayan in the exercise of its original jurisdiction, for appropriate action. The resolution shall state the findings of facts and the law supporting his action, together with the record of the case which shall include: (a) the warrant, if the arrest is by virtue of a warrant; (b) the affidavits, counter-affidavits and other supporting evidence of the parties; (c) the undertaking or bail of the accused and the order for his release; (d) the transcripts of the proceedings during the preliminary investigation; and (e) the order of cancellation of his bail bond, if the resolution is for the dismissal of the complaint.
Within thirty (30) days from receipt of the records, the provincial or city prosecutor, or the Ombudsman or his deputy, as the case may be, shall review the resolution of the investigating judge on the existence of probable cause. Their ruling shall expressly and clearly state the facts and the law on which it is based and the parties shall be furnished with copies thereof. They shall order the release of an accused who is detained if no probable cause is found against him.
Hi! I need help for legal advised. I am now to the point to bring my own brother to the court. On late 2005 our brother George(not his real name) he pointed his gun to our 2 brothers and 1 sister in the farm. Threatened them to kill. George become cruel when his dishonesty and anomaly in farm was under control. On early 2006 he steal the carabao in the farm that until now it was never return. On the middle of 2006 he burned the farm houses in the midnight that he may think he can not be accused due to the fact that no body sees him. During that incident we received a death threat letter kind anonymous, sounds like from the rebels and there’s a cellphone number to be contact with. When our mother was advised by the police to call the cellphone number indicated from the death threat letter it turns out it was the voiced of our brother “george” that threatened my parents as will as our family members badly. Now, this year 2008 he ambush our other brother that supervising the workers in the farm that resulted into a physical injury. I am now so exhausted of all his demonic act against our family. He produce his own documents to own my farmland. He barricaded my farm area that my workers can not enter. All his criminal activities has been reported to the nearest Police station. Non stop death threat to us. I am so overwhelm he was able to feed some cronies that his income is not enough to support his own family since he has a half dozen of children. He steal all the copras in my farm. I know for sure that he will not prosper of his false documents but please give me an advised. We are on the process to file a 5 criminal cases to george if he found guilty including illegal position of 38 and 45 guns, stealing carabao, death threatening to our family members, mauling/physical injury to my brother, burning the farm houses, what is the penalty and punishment to be given to him? please help me….
denzmary, the common penalty in criminal cases is imprisonment, although in certain cases like libel or bouncing checks, courts are given the discretion to impose the penalty of imprisonment only, fine only, or both. The penalty depends on the case filed in court, the presence of qualifying, mitigating or aggravating circumstances and a host of other factors.
I being hit NBI Clearance filed last Jan. 15, 2018. After 1 week, I found out that my maiden having a swindling estafa case filed last 2003 which is out of my knowledge. I do not receive subpoena. I do not know the case, i do not committed anything regarding that case. It is my stressful day of my life. What should i do to clear my name?
Hi attorney Fred
I have some questions that I don’t really understand about on my dad case has a murder we have an primilinary trial yesterday and our witness going to wedraw! What shall be do? We add new witness has they are same time was happend the murder to my dad?
Thanks
Raziel
Greetings. Only for clarity, Municipal Trial Court judges are no longer authorized to conduct preliminary investigation per A.M. No. 05-8-26 of the Supreme Court. Thank you. More power.
Hi Attorney. I need your help. When I left the Philippines, I was advised to resign by my employer for funds misappropriations issue in July 2008. I also signified my intention to settle whatever liability arising from what I have done. I am now out of the country seeking employment opportunities. I just learned that my previous employer in the Philippines is filing a criminal case against me for misappropriations. I had talked to our HR Manager and was told that they are only taking orders from the Corporate lawyers who already took charge of my case. I was informed that they already went to the office of the City Prosecutor for the filing of the case. The case that they are filing is either theft or estafa. I am already out of the country. Can the Philippine Court ordered me back to the Philippines to answer the charges? I am already about to be employed where I am now and may not be able to take leaves to answer/face the charges. Please advise me what to do. I am lost here.
if found guilty of bigamy and i’m working abroad can they extradite me? which countries can our government extradite if person is guilty of bigamy?
sir…i need to file a request for PI…is there a specific format which I can follow?..is this like a letter format address to the Prosecutor or the RTC Branch?does it have to be notarized?your help highly appreciated..i only have less than 5 days to file for PI as of this writing/post….
Dear Sir,
Good day!
I would like to ask, what specific case, criminal or civil case, may file to a Chief Operating Officer (COO) if he uses the company’s funds for his personal interests?
Thank you very much!
I like to ask a question about violence against women children act. few years ago me and my wife separated, was her choice. I offered 2k a month with the money I can afford. next day she accused me of violence against women children act, she wants more. so i added another 1k, after i’m having a hard time. That lasted for a year now she’s demanding another 3k for private school also I got another job in a different area, were the rent is little lower. But of course also the income. I finally put my foot down and told her i will pay what i can afford. which is the 2k and I didn’t have a job for 2 months. So now she’s filing a case. So am I considered a criminal, even after giving her support of what I can afford?
Good day.
I’d like to know if I could still file a case against my brother’s murderer(s) now that I am no longer a Filipino? How do I file such case? Do I need to go to he Philippines speak with our embassy there or can I do it from where live and let the Philippine embassy do the coordination? I am fine both ways I just want justice to be served for my brother who was brutally murdered. I still have siblings in Philippines but they are far too scared because of the known mentality in that province. Likewise, isn’t it that state prosecutor should sprearhead the case and be on our side as we are the agrieved party? Please let me know what is the right procedure.
Likewise, how can I ask the good court to move the trial from one place to another? If ever I stay in the Philippines and be allowed to file a complaint can the trial be done in some other provinces or in metropolitan area where I feel more confident.
Your input is highly regarded.
Ta.
Can a fiscal mitigate a frustrated murder into physical injuries?
can he as well remove some respondents from the list? There are 6 respondents on a frustrated murder case, there was a warrant of arrest fro them. One of them has been caught and brought to BJMP. The other 5 are hiding.The fiscal is offering a help that he may mitigate the case into just slight physical injuries and will make a probation to remove the names of the other 5 from the list and also a probation to free the one detained and will just allow to go but requires him to attend hearings later on. Unfortunately I am not in the Ph so I just get this info after these people talk with the concerned people in position. Thanks. I really need your advice.
My mom was being arrested for illegal drugs found with her. She was a balot vendor, and it was a setup. How can I file conplaint, she was transferred in Provincial Jail. She is innocent and we are poor. What are the first steps that we are going to do?
Good day attorney,i need your advice and help.I was being accuse for a case which i never make.what happened is like this i have a gay friend po he is 17 years old and he keeps on visiting in my town,the incident happened last May of this year kasi po habang naglalaro po kami with some of the kids ages 11-12 palagi po silang sumasama sa kaibigan kung tumatago cause we were playing Hide and Seek that time attorney,to make the story short nung panahon na ako na po yung taya naka pag tago po sila sa malayong area ng pinaglalaroan namin then nakita ko na po sila kaso lang de sila lumabas pag dating ko doon i saw them that they were having fun and teasing each other na makikipag sex but then i dont want ed to have sex with them so ang nangyari po pag katapos ng maraming usapan yung naka sex nila is yung friend ko yung naka sex niya po is yung dalawang bata habang yung isa is naging look out tas yung dalawa po ay sumama sakin na umalis.yung nangyari po ngayon is nalaman daw ng mga magulang yung nangyari dahil daw po pinagkakalat nila tas ako po yung tinotoro ng mga magulang na ako daw yung gumawa na kahit aminado po yung mga bata na hindi ako ang gumawa ng pakikipag oral sex sa kanila.nag karoon po kami ng hearing sa Police station at yung lamang ang natanggap ko nah invitation.so they are really really to file a case against me daw po so yung case na finile nila is “RAPE”.
Ngayon Po attorney ano po yung mga dapat kung gawin to fight for this one?,kasi po pinagkakalat na po nila dito samin na ganyan nga daw po yung mga pinaggagawa ko may chance pa po bang maging ok po to attorney?.I really need for your advice for this one attorney.THANKS IN ADVANCE
Good day.
Shall an information or complaint be filed immediately with the proper court as soon as the Provincial Prosecutor approves the finding of probable cause by the Investigating Prosecutor, considering that the respondent still has the remedy to seek review of such finding with the DOJ?
An affirmative answer to this question opens door to abuses of some sadistic prosecutors (persecutors) who would file an information immediately with the proper court so that a warrant of arrest could be issued and the respondent(accused) could be committed to jail at least in the meantime pending review by DOJ.
Now that our penal laws are being codified, I hope too that this absurd quasi-judicial function of Persecutors be removed at once!
Thanks for illuminating us on this matter.
Kenji
What if a person is lawfully arrested without a warrant, and an information is already filed in court. Later on, the accused requests for a preliminary investigation. Can the court where the information is filed conduct such preliminary investigation? Or is it mandated to remand the case to the prosecutor?
Preliminary Investigation (PI) is only mandatory for cases where the penalty prescribed by law is at least four (4) years, two (2) months and one (1) day, without regard to the fine. If the information is filed in court without said PI, the PI (on the motion of the respondent/party & permission of the court) can be conducted by the court where the case is filed (if the court is a Municipal Trial Courts or Municipal Circuit Trial Courts)
(please correct me if I am wrong)
Good day!I want to ask a question.. what happen to the case if the complainant and the accused both failed to attend the hearing? And the complainant give a wrong address thats why the accused failed to attend the hearing.. he didnt even know that he has a case file on him… thanks in advance for you answer…
hello atty.
my boyfriend now was took by his ex girlfriend was threat by the father of the ex-girlfriend. The family of the ex girlfriend was a well known family and we don’t have any power to beat them. The ex girlfriend said that she was pregnant and my boyfriend said that she was not pregnant because they broke up about 3months already. I”m trying to help my boyfriend because he was on the girl’s residence and could not go out immediately because he has guards on his side. Me and my boyfriend had often communication through the help of his brother..
what should we do by this atty.
thanks I really need an advice
Hi Goodevening attorney,
I would like to ask you some very important question, your reply will be highly appreciated…
question:::
I was a respondent and the complainant took them 6 months to reply another counter affidavit to the prosecutor office? is the case should be no good because the days that they had given was over lapse already??
what is the exact limity to file a counter affidavit? both respondent and complainant?
thanks please reply.
need help!
Gud am. Just want to seek advise.
We have a neighbor who borrowed money from us thru text messages last year of 2013 and did not bother to pay us. he always promised a date to pay but failed to do so, one time my husband ask him to pay but he ran to his house and get a knife saying “tang-ina mo di kita babayaran gurang ka na”.
sir we already filed complaint to him at the brgy and we are now waiting for our certification to file case. my question sir is:
1. is text message of borrowing and lending money enough proof to prove that he borrowed money from us?
2. what other chargers can we file to him in relation to this knife incident? is it possible to file grave threat sir?
many thx
Hi Atty,
Would like to seek your advise. I had gone through the preliminary investigation through a prosecutor already and had suggested that my RA9262 may be legible for the court proceedings as DNA testing may be involved for Child Support. I am legally married up-to-date and dealing with influential people backing up my husband (basketball player). I have been following up on the warrant of arrest that was just a signature away, and all of a sudden, the case was dismissed.
How can I re-open the supposed case?
Do I have any other options to deal with this?
The third party previously contacted us to settle, and all of a sudden, they said that “new development” came up and we need not meet anymore; only to find out that the case dismissed.
The tactic is obvious but again, can’t directly accuse them of it.
I would only like to achieve justice and give what is rightfully my daughter’s.
Kindly assist please. Will be waiting for your legal advice.
Attorneys,
i would like to withdraw or req. to drop the case i filed almost two years ago for I was been a victim of rubbery and the provincial court is ordering me to go to the trial to witness but i just want to drop or withdraw or end this case for i just want to move on with my life. going there and seeing those faces is very traumatic for me. what should I do? how can I req. for the case to be withdraw? I no longer want to be associated with this case and just forget that incident in my life.Thanks. I really need your advice.
nag file po kami ng kaso sa piskal opis namin, pero pinapnta po kami sa pulis dahil ang affidavit po namin ay gagawin daw po na question and answer. tama po ba ang sinabi ng piskal opis? kompleto na po ang lahat filing namang, di na po ba tinatanggap ang affidavit na plain kasi kailangan na dumaan lahat sa pulis?
Romulo, complaints before the public prosecutor’s office could come directly from the complainants (through a complete Complaint-Affidavit) or filed through the police.
Good Day,
May itatanong lang po sana ako regarding sa case nang boyfriend ko, May incident kasi nung 2001 nka patay yung barkada nya pro hindi cya sumali sa gulo, pro this year 2015 nag labas nang warrant of arrest, its stated na sangkot daw cya sa kaso tsaka gagawin daw sana cyang testigo para makapag turo kung sino pumatay. Pero ang naka lagay sa warrant hindi nya totoong pangalan. Paano po ba niya i defend sarili niya? Paano bo mapa walang bisa ang warrant of arrest? I really need your help po talaga.
if manalo po ang respondent kasi self defense lang ginawa nya babayaran ba sya ng patetioner?
Meitu, refer to this related post: http://pnl-law.com/blog/criminal-complaints-and-damages-from-malicious-prosecution/
good day i want to ask i have a friend just helping her she was rape by his step father and that incident was made 10 yrs ago and she still minor that time and she got pregnant and she had a child from the said step father. Can we still file a case and what evidence can we produce since the incident was already been for 10 yrs thank you very…
I filed a case of Reckless Imprudence Resulting in Damage to Property before the Manila Prosecutor’s Office last April 20, 2015. What will happen if I leave the country for say 6 months anytime even before a Preliminary Investigation is done?
Dear Atty,
My husband and I filed a complaint for estafa with supporting documents. However, when the resolution came we found out that our case was dismissed. We felt that it was dimissed unfairly as in the resolution it only states the side of the respondent and most of the statements were baseless.
Atty, what should we do with our complaint? Where should we go to have our complaint heard?
Thankinh you in anticipation.
Therese
Hi..
I need some of your legal advise.
I filed a complaint against my boss who is a foriegner, RA9262. Sexual abuse which caused my pregnancy..
I filed the case at Pasay Prosecutor’s Office.. The preliminary investigation was completed May 20,2015..
I’d like to ask if how ling does it usually take so i could be informed for my case resolution.. And i want to file a deportation against the respondent.
Thank you..
Please i need your help! If a offender recieve an resolutulion letter . It is a “”warrant”?! or it is posible to arrest him what should we do
Hello.. ask ko lang po sana kung anu dapat gawin sa case na toh.. 2010 po nangyari yung away ng 2 kong classmate..3rd high school. monica at jane,, sinapak ni jane si monica nagka blackeye ,,. Nagsampa ng kaso si monica.. hindi pinansin ni jane,, hindi sya nagpasa ng counter affidavit tapos ngayon 2015 nagpunta sya ng regional trial court may issue na sya ng warrant of arrest..pero hindi naman sya hinuli..binigyan sya ng papel court clearance… pero emergency umalis ng bansa si jane para mag work kaya hindi na ulit na ayos yung kaso,,ngayon po naghahabol si monica pano daw naka labas ng bansa ,, hindi naman naging requirement ni jane yunf nbi nung umalis sya direct hire po sya ,, anu po pede gawin… sana po makasagot nyo po toh.. salamat po.
Administrative case was filed against me at the office of the ombudsman in 2012. The incident happened in 2011 of May. In september 2012, i retired from the service (Optional Retirement). I was only given the chance once to file a counter affidavit and i filed a motion for unjust vexation but unfortunately was denied. The ombudsman issued the resolution over my case in 2014.
In January 2015 the Ombudsman resolution was forwarded to RTC and raffled to RTC Br 36 for violation of sec 3 (B) of RA 3019. In the next month, another complaint forwarded to MTCC using the same Ombudsman resolution with 2 counts(Crim Case No 52360-1 and 52359-1 all for violation of Sec. 7 of RA 6713.
Last week Sept. 10, 2015, when I obtained the documents (complaint letter, information including the Ombudsman resolution and other annexes) I found the following; no verified non-shopping forum attached in the complaints filed at RTC and MTCC; 2nd, the 2 counts filed at the MTCC are the same cause of action and lastly, the Ombudsman document showed that the verified forum shopping attached in the complaint was 4 months late from the complaint letter filed at the Office Of ombudsman.
What shall i do now? is there a possibility that the cases filed at the MTCC be summary dismissed for forum shopping? is it possible the that my case filed in 2 courts with no verified forum shopping be also dismissed? Please i need your legal opinion
Hi,
I would just like to ask help for a legal advice regarding my situation. I have this friend who recruit me as an accountant one of the 5 star hotel in Canada. I have been complying to her the requirements she’s been asking me and answering questions which she said is from the Canadian immigration. The offer is quite good and I could not honestly think of impossibilities for I was blinded for this great opportunity. I have not given any processing fee or any sum of money. Until one day she told me that there are debtors that will pay to her and that she ask a favor from me if I could receive those payments. I have not said no, I received those payments, for I do not have any doubts to her. Until one day she here in the Philippines I was the one who get her in the airport and she use to live in us with my bestfriend. In each day everyday becomes clearer, she isn’t from Canada but is just from Middle East, her passports and documents were all fake. And there were lots of passports in our house, as we were inside the car I once heard her “that the passports are in the immigration” I look at her and think “are the passports she was talking are the same passports stocked in the house?” She was probably lying, the caller might be the victim for her recruitment. We were also able to access her facebook account because she mistakenly logged in to one of my gadgets and never logged out. We were able to know little by little til one day I was able to know that she was using my name, she told those people who are sending me money that I was the one processing there visas in Canada. I knew I am not involved and I was also one of the applicants. Someone had advised us, from a higher position of the CIDG that we should have filed complaint against her before anyone else. We persevere and on that third day of filing our complaint, she was arrested through entrapment operation. She was mad at me why I never confront her. But I know I just done right. She has a lot of cases to face, large scale illegal recruitment,falsification of documents, estafa, and an existing warrant for his thief case. The Inquest in DOJ is already done and we were just waiting for the resolution to come, she said she would like to have an arrangement with us, she is willing to pay everything but I am still in doubt of that. I am one of her complainant among the 7, but I still have a communication to her, a friendly communication. I do not know if it is right for me, but I can be prosecuted as one of her right hand in illegally recruiting people? because I still remained as her friend and her complainant as well?and my name was used in receiving those money? (those money were remitted to her the day she went here in the Philippines). Can I file her a case of using my name? What procedures or legal actions do I need to do to clear my name? I am just really worried right now. And I am not too knowledgeable of Law.
Thank you very much for reading, your advice will be so much of help to me.
Hi, my sister (biological) was killed in a gunshot infront of my parents house in Batangas city last month. It seems like there was no witness who can tell who the gunmen are. The case is with the city police but they are only asking us (the family) if we have any info they said if not the case can’t move forward. There are cctvs in the area but they are private and the owner is refusing to share the footage.The police just came back and said sorry they won’t show it to us. Is that right? Can’t the police provide a warrant or something to force the owner to show the footages from their cctv? We never had this kind of experience and we honesly don’t know what we should do, can do or can’t do. Any advice would greatly be appreciated. Thank you in advance.
Good day sir/ma’am I had a question it is already my stage to produce witness to stand my case from my wife against 9262 ,now my question is can I be put to guilty even if my wife deny all my support ? Its only on this later yrs when I have no work and no inherited property for the reason still on court waiting for the decision about the shares from our deceased parent of both ,(claimant) and this tym I will be offering to give them support just according to my capacity but not below 1k per month,and give also voluntary testament and will to make donation of my little property from the conjugal rights it will be decided into three among them to my wife,my son and daughter equally. I already old no job at all ,living only for sideline and hire as private driver. Pls sir give me some enligthenment was this things workout to help my case I’m already 55 this yr all my children already professionals one is already working longtym ago and my daughter just graduated last yr my case 9262 was a big burden to me because its just on later yrs not giving my support last 2013 up to now the reason of no source of income on an off sideline ….pls sir /ma’am give me light about my case tnx so much God less.
Is a warrant of arrest issued by a lower court (MTCC) warranted after accused was was arrested without a warrant allegedly committing a violation ‘in flagrante’ delicto for a drug-pot session?
HI IM TRYING TO FIGURE OUT THE DUBIOUS WRONG HERE. Might you share your legal insight?
The Premise:
1. Based on an anonymous texter, PNP GETS ANONYMOUS TIP ON WHEREABOUTS OF A WANTED PERSON IN ANOTHER MUNICIPALITY BELIEVED TO BE HIDING AT A THIRD PARTY’S RESIDENCE – DURING A FIESTA CELEBRATION.
2. PNP CONDUCTS SURVEILLANCE OPS AND WAS CONFIRMED BY CONFIDENTIAL ASSETS (not validated by PNP) OF IDENTITY OF WANTED PERSON IN THE PREMISES OF THIRD PARTY PERSON – Allegedly hiding.
3. PNP LAUNCHES LAW ENFORCEMENT OPS TO SERVE WARRANT OF ARREST OF WANTED PERSON. BUT UPON KNOCKING ON THE DOOR WHERE NO ONE ANSWERED “PNP slightly opened the door silently” to peep and find unidentified persons allegedly engaged in a pot session. PNP wanted to go for the arrest but door couldn’t be opened as something is blocking from the inside. Thus a separate team out of the twelve (12) PNP officers that day moved to another door nearest the slightly opened one where the officer kept observing the drug pot session. Upon reaching the other door – they knocked (remember, they were supposed to execute an inflagrante delicto arrest for a crime of drug use). The door was opened by the wanted person – as they testified – but upon seeing the cops, he closed the door and ran back inside to hide in the occupants proses and climb up the ceiling to hide. The team chased the wanted person inside by forcibly pushing the door while shouting POLICE! And found two more persons inside one of which was the occupant and in plain view saw on top of the table a sachet of suspected shabu and paraphernalia. PNP secured and held the two persons (including the occupant); chased their wanted person up the ceiling. Seized the drug item on top of the table and called upon a Barangay official to witness the find. After the seized items were properly inventoried and signed by the local official in the presence of the suspects; the arresting officer Apprised the three of their rights under the law for their arrest. They were brought to the station for proper charges:
Notice the errors in the testimony:
A) In the service of the arrest warrant, “is it part of police regularity that after knocking on the door where no one answers – then they can freely “slightly open the door silently?”
B) Claiming to see a drug pot session while peeping inside, they moved to arrest immediately but was hampered by a blocked door – that caused another team to approach another door to “knock”? Doesn’t an in flagrante arrest allow PNP to break in after they have announced their authority and made their purpose known and that thy were denied by the occupant? With twelve police officers, isn’t their combined strength more than enough to break down any door – slightly opens or closed?
C) During the hot pursuit of chasing the wanted person inside the occupants room and without permission from the owner – isn’t that trespassing? And the slightly opening of the door silently intruding? Which does not warrant to plain view of the drug pot session or the drugs on top of the table allegedly?
D) Isn’t the manner of arrest UNLAWFUL, when they first secured and held the owner, BEFORE seizing the drugs on the table and making inventory of it in the presence of a Barangay Kagawad (while still securing and holding the occupant); and only then did the arresting officer apprise him of HIS MIRANDA DOCTRINE effecting his arrest? The sequence here being trespassing (unlawfully); detaining the suspects (arbitrarily); incriminating evidences through a search and seizure (unreasonably); and only then were they arrested??? Remember the drugs were never taken from their bodies (or persons)
4. Now the suspects were detained in jail for 48 hours before an inquest proceeding was made without the benefit of a counsel and had them committed back to detention after the proceeding for a commitment order from the judge and waited until posting bail for their temporary release.
Notice the error:
A) There is arbitrary detention once more and delay in delivery when the inquest took 48 hours to take place instead of the mandated 18 hour period wherein suspects must be delivered to court custody on account of a WARRANTLESS ARREST.
B) The inquest made without a counsel for the accused is in violation of RA 7438 and inquest is NULL AN VOID without legal defense. But the case was still procured and filed by the CITY PROSECUTOR (without submitting it to the PROVINCIAL PROSECUTOR for approval. And worse, she is prosecuting the CASE OF RA 9165 when a superior prosecutor is more qualified to prosecute a violation of a SPECIAL LAW that concerns the nations problem on the war on drugs and not just that city.
5. Apart from that. PD 1829 or obstruction of justice was filed against the owner/occupant at the MTCC wherein the judge conducted her own PI and “in order not to frustrate the ends of justice” issued a warrant of arrest to the occupant. The penalty for PD 1829 is 4 to 6 years imprisonment or Php 1,000 to 6,000 fine or BOTH. MTCC can only sentence 6 years below and CANNOT FINE MORE THAN Php 4,000.00. THUS, granting for example that the occupant is found guilty of “obstruction of justice by harbouring or concealing a criminal” – WILL THE MTCC COURT REACH JUSTICE IF IT COULD ONLY FINE THE ACCUSED NOT MORE THAN FOUR THOUSAND PESOS ONLY WHEN THE MAXIMUM FINE IS SIX THOUSAND PESOS? Isn’t the MTCC likewise out of jurisdiction in this special law on PD 1829? During the PI of the court judge, she likewise failed to suit her resolution to the Provincial Prosecutor for approval or dismissal. AND WHAT OF THE WARRANT OF ARREST ISSUED O THE OCCUPANT “in order not to frustrate the ends of justice” – KNOWING FULLY WELL THAT THE SUSPECTS WERE ARRESTED WITHOUT A WARRANT, SHOULDN’T SUBPOENA BE ENOUGH TO SUMMON THE ACCUSED TO ANSWER FOR THIS CHARGE, especially when accused is already answering to the drug charges at the regional trial court? ISNT THAT OVERKILL?
6. LASTLY, upon checking the warrant of arrest to the wanted person whom the PNP came for to be served such order and brought I justice – IT WAS THEN DISCOVERED THAT THE ORDER WAS INVALID BEING EXPIRED FOR OVER A YEAR BY DATE AND DIFFERENT IN ADDRESS WHERE SUCH ORDER SHOULD HAVE BEEN RETURNED WITHIN TEN DAYS OF ITS EXECUTION AND BE REPLACED AN ALIAS WARRANT CURRENT TO THE DATE OF THR ARREST AND IN RESPECT TO THE PRIVACY AND SECURITY OF A THIRD PARTY OCCUPANT WHOSE CONSTITUTIONAL RIGHTS HAD BEEN INFRINGED AND BROUGHT TO INJUSTICE ON A MALICIOUS DRUG CHARGE WHEN PLAIN VIEW WOULD NOT APPLY DUE TO AN INVALID INTRUSION WHERE THE EVIDENCES CANNOT BE BROUGHT TO THIS CASE AS PER “exclusionary rule” or fruit of the poisonous tree.
7. CURRENTLY, all accused had let go of their lawyers in the case to fight a system wrought with CORRUPTION OF NOBLE CAUSES FROM POLICE, PROSECUTOR AND JUDGE. Invoking Rule 138 section 34 of litigation in person before arraignment caused the suspects to LEARN THE LAW ON THEIR OWN AND FILE MOTION UPON MOTION FOR ANSWERS FROM THE COURT UNTIL EITHER THE JUDGE IGNORES THEM OR FORCES THEM. EITHER WAY OPPRESSION WITHOUT ANY COUNSEL TO THE ACCUSED – is detrimental to a set of lawmen, law practitioners, and law enforces, for persecuting hapless victims of the law fighting on their own and will never submit to trial or arraignment – knowing very well that submitting to such ERASES OR CURES THE HORRENDOUS PROCEDURAL OPPRESSIONS MADE BY THE JUSTICE SYSTEM.
Want to ask a question?maaari po ba akong magsampa ng estafa sa kumare ko na kahati ko po sa pgbebenta ng bahay at lupa sa dati kong tinitirhan sa dahilang hindi nya po ako binigyan ng komisyon sa pinagbentahan ng bahay at lupa kahit na wala kmjng kasulatan at berbal lng po ang aming naging usapan.ako po kasi ang nagrekomenda ng bahay at lupa sa kanya,ang sabj nya po kasi sa akin bibigyan nya ako kpag nabili na po yjng bahay at lupa na tinitirhan ko o dati?thanks po.
Good day attorney! it is with very much distress, humiliation and frustration when i received a subpoena for a preliminary hearing for RA7610 with fictitious documents attached… The subpoena has no signature of the assistant prosecutor assigned, DSWD referral to the hospital without signature, No DSWD investigation/hearing, No Baranggay investigation/hearing, No Police investigation/hearing, No medical certificate, No consent/authority from the parents of the child involve and No witnesses…Just a plain affidavit. Is this legal and valid for preliminary hearing? Is there any negligence on the part of prosecutor. i did wrote a letter to the prosecutor about my observation…to date no response. Please help.
Hi po, I really need an advice for my mother. She is 70 years old. She applied for NBI clearance and got hit. We learned from the NBI that someone filed a estafa case against her in 2005. She didn’t owe large amount of money to any body. All of us are in shocked especially her. The NBI personnel told her to go to prosecutor office and get it check to know who filed the case and if it is still active since it was filed 10-11 years ago. No subpoena was issued maybe because we moved to other place. My sister is going to province to check her case. My question is: since the case was filed 10 years ago, it is possible to be dismissed? What are the steps we need to do? My mother can’t travel because she is old and have health problem. She is so nervous and scared about this case. She barely sleep and eat. Please help me. Thank you so much. Your response is greatly appreciated.
Dear Attorney,
My friend has a problem which need some urgent clarification. His mom was caught in her house with drugs. These drugs did not belong to her, it belonged to her relative who was staying in her house for a few days. When the police came, they caught her and her husband as well, together with the relative who actually possessed the drugs. They were brought to the police station and was remanded. My friend’s father was released after a month but his mom is still being prisoned. She was not given bail till date. For your kind information, she has been in prison since October last year. Her Lawyer mentioned that she has 03 hearings, if the police who have arrested her does not show for the hearing, she would be released. 19th April 2016 was 03rd hearing but unfortunately the Judge posptponed it till 2018. I am not sure what had happen or gone wrong. She was not even found guilty, its just a hearing to ditermine if she needed to be on trial. The hearring it self has taken so long. How can my friend help his mom ? He has appointed a lawyer. Before this, she was supposed to be out on bail till the 1st hearing, unfortunatley it did not happen. She is 69 and she has no criminal record and has been falsely accused just because when the police came to her home, she was apparently having conversation with the relative who actually possesed the drugs. 2018 seems to be too long for another hearing. What can my friend do ? Please advise as he and his family has been misserable. Can some one help?
Good day, I would like to query about a Estafa case that was lodge against me and that was settled as an out of court settlement with no criminal charges were pressed.
I applied for my NBI certificate and received it but only after producing to the NBI the documents that the case is closed. My query is If the case was settled and close with no criminal charges pressed and cleared by the Courts why is this case still showing on the NBI system. Does this case remain on the system for life or is their a way this can be cleared off the system.
I can produce and forward any documents that you require
Any advice or information that you can provide to me would be gratefully appreciated
Best regards
Marie Antoine Georges Patrick Boulle
If you cannot help me with is query can you provide me with someone who can help
Good afternoon attorney. Ang isang kapatid ko po ay binaril ng walang kalaban laban.
Nakita ng isa ko pang kapatid ang nangyari, dahil dun sinubukan nyang agawin ang baril sa taong pumatay sa kapatid ko. Nang nakuha na ang baril at ng makita nyang wala ng buhay ang isa naming kapatid ay ginantihan nya ang bumaril hanggang sa ito’y mamatay.
Dahil dito nakulong ang isa kung kapatid. Wala pong mag stand na witness para sa kapatid ko.
Tanong ko lang po na okay bha mag witness ang hipag at tatay ng kapatid ko?
Ano po ang mas mabuting gawin..mag pagawa ng counter affidavit or hindi na?
Sana po matulungan nyo ako sa problema ko ngayon..Salamat po!
Atty i need your legal advised.. I was charge of murder because prosecutor found probable cause.. But complainant file affidavit of disistance and during trial his lawyer upon questioninh by judge? She said no objection and lack of interest tonpursue the case.. Problem is the jidge until now wala pa pong nilalabas na resolution para ma recalled po ang warrant.. Almost 1 month na po ang ljmilipas.. what are the process? Sa paglabas ng resolution ng court?
In preliminary investigation for the crime of estafa, the investigating prosecutor issued a sub poena on the offender to produce his bank account. Is the actuation of the investigating prosecutor is right?
what is the effect of a finding of the NBI that a complainant in a criminal case is the one to be prosecuted for murder considering the fact that all the allegations submitted to the nbi including the death certificate and the witnesses are falsified.
My son is jail (police detention facility) for almost a month now. The police arrested him for murder because he ran over an indidual he did not know while DUI. He is still waiting for the fiscal’s resolution on the case. I’m wondering why is it taking so long. Its been almost a month. In rules for preliminary investigation, does it allow such length? The atty said its because he waived his rights for PI. But as ive said its almost a month now. I would like to know also if we can post bail even if the fiscal has not made a desicion on the case. Also, we have submitted a CCTV footage, showing that the incident is not intentional. Which in my opinion rules-out murder. So, my thinking is if its not murder, then its bailable. Im asking for your opinion on this case sir. Tnank you for your consideration.
Hi attorney, My problem is i did’nt know that i have a subpoena, last nov 25 of this year my neighbor received a letter and he didnt know its a subpoena coming from the city prosecutor, our hearing was supposed to be on oct 21, 26 and nov 4, i had no idea that i have a heating on that say, so i went to philpost to clarify what happened and they gave me a certification indicate that the letter was only delivered last nov 26 ang our neighbor received it, my problem atty when i went to the prosecutor office there is already a resolution on my cased, what should i do? my friend told me tha i need to apply a motion to re open the case.. please help me..
Good day! May I ask gano katagal ang hihintayin kapag naibalik s fiscal/ prosecutor ang kaso??? We’ve been waiting for more than a month at Wala pa din.
Hi good pm po atty.
may nag file po sakin libel online against me po then i am schuduled to file my counter affidavit on march 13 and the preliminary investigation will be conducted on the same date. Ask ko lang po if pwede po ba ako mag travel outside the country only for 3 days i will be back on march 9.. nasa immigration na po ba un? Mahohold po ba ako sa immigration? Thank u po
Hi po attorney,
Meron same case na nabasa ko sa itaas na abuse of powers ng prosecutors. Yung kaibigan ko po accidentally may napatay na lasing kc binugbog sila ng lasing dahil napagtripan lng, ipinagtanggol ang kuya nya na walang kalaban laban , kumuha po ng tubo at ipinukpok sa ulo at nagkataong namatay ang biktima. Based sa preliminary investigation, homicide po pero ginawang murder ng prosecutor. Kadikit daw po kc ng kalaban ung prosecutor at marami pang kilalang malalaking tao na pwedeng backer. ano pong magandang gawin bago ito maifile as murder.
Good day po attorney
lang araw na po ako hindi makatulog sana po ay matulungan ninyo mo ako sa aking problema.
Nagkaroon po ng entrapment operation ang nbi sa isang private resort sa caloocan opo yung nabalita po sa tv ang totoo po niyan inaya kami nung glady mag swimming libre lahat kaya po ang ginawa namin sumama po kami dun sa swimming na yun pag dating po doon nandun po yung nanlibre samin nung unang swimming namin at marami pong kasamang mga lalaking may edad na may nagsalita po doon ang sabi maganda pupuntahan nila sa baguio dun sila gagalawin nung narinig ko po yun agad ko po kinausap yung isang kasama namin na nag aya samin lumabas po kami at sinabi ko sa kanya na kala ko ba swimming lang pag ganyan uuwi na ako ayoko mapag kamalang bugaw pasunurin mo na din mga babae kasi ang alam nila swimming lang sabi nung kausap ko siya daw po ang bahala kaya ang ginawa ko kinuha ko lang yung cp sa loob at kunwari may susunduin lang ako at ako po ay umuwi na nagchat sakin yung kausap ko ang sabi hinahanap daw ako nung nanlilibre samin ang sabi ko ang sagot ko po sa kanya bakit gagalawin at dadalhin pa sa baguio wala naman sa usapan yun ha sabi mo swimming lang
Ang sabi ko pa sa kanya ayoko ng ganyan baka isipin pa nila bugaw ak
Ilang bese ko chinat yung kausap ko sabi ko hindi nila alam na gagalawin sila sabihan mo sila tapos pauwiin muna walabg umuwi sa kanila ako lang mga mag isa ilang minuto pa lumipas may nagpunta sa lugar namin at sinabing na set up daw yung mga nagswiiming ngayon po nagtatago ako kasikasama ako sa kaso ang po ba pede kong gawin
ps. kasama po ako sa kaso at at large po ako anytime po ba pwede nila ako hulihin without warrant of arrest
Hinde ka pwede hulihin kung walang warrant of arrest sa kasong entrapment na iyan kasi wala ka doon nung inaresto sila. Papaylan ka pa ng complaint sa prosecutor’s office at kung may basehan ang complaint, papaylan ka ng kaso sa korte. Saka ang korte mag-iisue ng warrant of arrest. Kumuha ka ng abogado para masagot ang complaint sayo.
Hi,
Last July 1, 2017 I was involved in an accident where a speeding motorcycle hit my vehicle (also a motorcycle) from behind which resulted to multiple bruises and a broken collar bone. We have filed a case and it has been already approved by the prosecutor (no subpoenas from prosecutor’s office. They called it as direct filing.) And now the case is already in court and waiting for the case trial.
My questions are:
1. Do we need to seek a lawyer for the case or will the prosecutor stand as our lawyer?
2. The case filed was approved by the prosecutor, does that mean that the prosecutor finds the defendant probably guilty?
3. The trail court personnel told me that the trial may take place around October 2017 due to high volume of cases. Is this acceptable or is there a turn around time for a case to be scheduled? I mean is this still in the standard procedure that it would take more than 2 months for the trial to be made?
4. Lastly, what would be the sanctions if the defendant would be found guilty of “reckless imprudence resulting to Damage of property and Physical damages?
Thank you!
My husband accused for a triple frustrated murder. He is detained for almost one month now. There evidence is just a hearsay he is negative in gun powder how many days the case will close
Hi! Injust really have to ask this, I actually received a subpoena on October 5. It is stated there that I should reply (counter-affidavit) within 10 days upon receipt. Is it 10 working days? Or just 10 days from the date I received it? Please reply!
Hello, atty, my question is the regional fiscal found the accused with probable cause from overspeeding resulting in homicide, is the defendant should be in jail while waiting for trail , not unless he request for bail out? Because currently the defendant is free and migth be driving again and commit the same as he doesnt care the speed limits? Can i request to the judge to put him behind bars until the trial got done? Please educate on this matter atty? Thank you so much.
Hi can I ask legal advice ? If someone killed his own brother because of an argument and after 24 hours his family didn’t filed a complaint against him what would be the result? Is there any possibility that the police will set him free? Thank you so much
Hope you answer my questions.
Hello Attorney good day! My business is a travel agency. One of my clients file a case of estafa if I could not return his money for a couple of days only because I did not gave them the exact or flight bookings they booked supposed to be amounting less than 40,000Php. Can he continues to file a case if I fail to return immediately the cash amount? I asked him to give me more time or days to settle but he don’t want to listen my explanation. If he could continue to file a estafa case, what will be the steps? Is warrant of arrest will serve to me immediately? If that is so, example, I’m inside of the house the police or server of warrant of arrest can open the house without any permission to enter just only to look for me?
One more, previous days or months let’s more than five clients I encountered problem similar like this amounting 5kphp or less than 20kphp. Still, I negotiate to them and refund them as soon as possible. I did not or I don’t have a plan to escape but rather I’m willing to face and return their money little by little. But sometimes, they accused me being like that and some says file a case too or let’s say estafa. Is it acceptable even if I choose to ask them for more period of time to comply?
Hoping you could advice me immediately. Thank you
Hi! My cousin Police informed me that there is a warrant of arrest for me. First I don’t receive any demand, subpoena or letter from the court. I’m really surprised. An RTC Judge issued it. How come a warrant reach my place and subpoena didn’t? Pls help me what to do. Thank you
Ang dami pong pending cases na halos di gumagalaw sa DOJ. Isa po ako sa biktima lamang at nadawit sa NBI case against sa company ko dati. Resigned na ako ng 2 years nung kinasuhan sila ng NBI ng cybercrime, kaya nagtataka ako kung baket nasama pa ang old & resigned officers sa case. Ngayon hindi ako makakuha ng NBI, kailangan ko na magtrabaho para maitaguyod ang pamilya ko. Naniniwala pa rin ako na mabibigyan ako ng hustisya, sana man lang mabilis ang usad ng case para mapawalang sala na ang biktima na gaya ko, at maparusahan ang mga tunay na nagkasala. Mabilis lang ang Prelim Investigation namin with Fiscal (Salamat po!) Nasa Prosecutor General na for review ang case, hopefully matapos na ito. Praying… Lord bless nyo po may hawak sa case ko para ma-review na ang resolution.
What an eye opener. Thanks.
good day ,
attorney , i would like to ask about someone telling me that i was filed by blotter and subpoena from a friend , what really happened is i helped a drunk person girl lying. but first we went to a beach in pangsinan. im a driver i was recommended by a friend to service her sisters friends with there company employee . i was with them to go to an island. we had games we all drink rum we had fun together. then we were all drunk. as i remembered i was taking a bath in the bath room. then when i went out of the bath room i notice a girl lying on a table it was dark and i heard that she was like vomiting. i approach and look whats going on , and i notice vomit under her head ( nandiri pa nga ako) then umalis ako inisip ko nalang may suka ung sa may ulunan nya. lumapit saken ung isang kasama nla ngtatanung kng anu nangyari tinuro ko lng ung babae. then sbi saken is matulog na ako. then nahiga na ako. after cpuple of minutes naririnig ko ulit na ngsusuka ung babae ulit then pinuntahan ko . nakita ko na nakaface upward cya then ang ginawa ko is umakyat ako sa table napahiga ako iniikot ko ang ulo ng babae para hindi cya machoke inurong ko ung katawan nya kc medyo tamado pa ako. then sabi nya stop, stop , stop, then tumayo ako agad then tinignan ko cya nakaside na cya sa wall. then lumapit ulit ung kasama nal na babae . tinanung ako kng bakit .tinignan ko lng cya then sabi nya saken matulog ka na then bigla nalng bumangon ung babae. then natulog na ako. sobrang tamado pa din ako and sobrang antok ako. then ang naalala ko ginising ako ng isang kasama nla na babae tinawag ako sa beach tinanung ako kng anu ginwa ko. kc daw ung babae na ngsusuka nasa CR ngiiyak may kausap sa phone at ngsusumbong . nilapitan ako ng isang lalaki na kasama nla tinatnung din ako kng anu nangyari ang sbi ko tinulungan ko cya na masuka . at may nakita ako na suka sa ulo ng babae. pero hindi nla pinapakinggan tyaka ang sbi pa nla na wala daw suka pero ang nakita ko is clear may suka and ngsuska ung babae . ang sinasbi nla may ginawa daw ako .pero hindi na nla ako pinapakinggan sa explanation ko. pinauwi nla ako the next day bago lumabas ang araw . then the next day ngtext saken ung ngrecomend saken , tinanung ako kng anu nangyari . inexplain ko . pero ung babae na ngsuka na tinulungan ko para hindi machoke. ng file ng blotter n subpoena un ang sbi ng friend ko na ngrecomend. naalarma ako dahil ang ginawa ko ay para hindi machoke ung babae dahil sa suka nya . wla po ako naging kakampi sa oras na un . anu po ang gagawin ko dahil wla ako idea. hindi ako pinagpaliwanag kng anu talaga ang ginawa ko. sa ngyon wla pa naman ako natatanggap na subpoena. mabigat po un kc ngtrabaho din ako sa isang financial institution kng gaano kabigat ang kaso kng may subpoena. please po hingi po ako ng advice. salamat po.
My grandpa is asking where to go for motion to review his case. It was about his 5 hectares land that his lawyer cheated on him and he failed the case for no show/ non appearance because his lawyer collaborated with the other people and the lawyer diverted all the letters for the case to another address. That’s why my grandpa never received any letter for the case.
in preliminary investigation, first hearing-the respondents no appearance, and secondly, they only submit their affidavit. Malicious Mischief ang kaso and meron akong certification sa brgy. na katunayan nagkontra demanda ako dahil binaliktad ako. nadamage ang Pinto ng bahay atpampasaherong sasakyan. ang sagot nila child abuse na isang tao lang ang tumawag at yon ang nakadamage ng property ko noong gabe at kinabukasan tumawag sa kanila pinakuha sa DSWD ang mga anak ko na hindi kasali sa away namin magkapatid. at sa custody pa ng tumawag sa DSWD nakatira . third hearing Non-appearance sila. so ano po ang mangyari at ano ang penalty? more better if you reply my problem
Good Day!
Want to ask a question. Can I file a motion to reopen and submit additional evidence in a case which is under preliminary investigation by DOJ prosecutor. The case was submitted for resolution 15 days ago. I want to file this motion because I recently found evidence which I think is crucial to the result of the investigation. Thanks.
Hi Atty.,
I have a concern on how to clear my name with the civil case already settled.
I was complained by a lending company way back 2014 for not paying my debt but we agreed to a certain amount that I have to pay for 2 months and I paid it in full on the given due date.
I thought my records will be automatically cleared but when I applied for a furniture loan recently, they told me I still have an unsettled loan in a lending company. And even my co-maker has still pending charges on record.
I visited the lending company and they have given me a certificate stating my account was already settled.
My problem now is how can my name be cleared in the court and in the “credit organization” ?(not sure of the org’s name)
Waiting for your reply.
Thank you!
What if the victims and his family in a criminal offense of frustrated homicide refused to file a case against the accused, can the arresting officers or police continue to file a case against the accused?
Gaano katagal po lumabas ang case resolution sa pilipinas?
I hope makareply po agad. thank you and god bless
The pertinent periods are discussed in the article, Items 7-9. In practice, however, it usually lasts for months.
bat wala kayong sample kailangan namin ngayon huhuh
Good day regarding my situation 2 years ago someone filed case on me for the grounds of Estafa while I am outside the country. Now my question is just incase I will go back to Philippines what will happen? Will I be able to travel back abroad or no? And whatever amount it is I’m gonna pay I just didn’t because I don’t have job before.
Hi po,
Tanung ko lng po me kaibigan po Ako n napatapon bintangan sa pag Patay nung 2001 pero Ala po dumating Na warrant of arrest s Kaya pero Maka Blatter po sya sa police.posible po b n me kaso po ba sya.?
Good day!
I would like ask regarding the case of my uncle. My uncle was alleged attempt rape a child, but base on the medical certificate the child only have a rushes in her private part. The child was interview by the parent and the child said that my uncle was brought her at the abandon house start leaking her private part. The and start leaking her private part. The child was 5 years old. My uncle was subpeona but my uncle did’nt submit herself and go away. What will happen to my uncle. Is going to put to jail once the authority get him…ty so much
If the re-joinder was filed by both accused and their witness, does it follow that all three has a collaborated statement? If so, when one of the accused has witness in court and found to be guilty of the offense does it follow that same verdict shall be given to the other accused and nullify the statementment of the witness for having the same collaborated story/defense?