Legal Question in Criminal Law in Philippines
hi attorney,
i happened to browse this forum and hope you could help me understand the case of my brother.
he was accused of qualified thief together with two other persons by his employer. i was able to get a copy of the inquest statement and the statements told by his employer regarding my brother are not true.
the inquest happened without informing us as family, and without giving us the right to get a counsel first. now my brother is on bail and is awaiting court proceedings, what advice can you give us on this? he was also terminated by his employer without giving any separation fee. thanks
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1 Answer from Attorneys
Your brother should be represented by counsel in the criminal case.He can assail the validity of his arrest.But he may no longer ask for a reinvestigation of the case because by this time the period (5 days from knowledge of the filing of the information) had already elapsed. As to the termination, he can file an illegal dismissal case if he was not afforded due process, notice and hearing, regarding the offense for which he was dismissed.
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