Legal Question in Criminal Law in Philippines
i would like to ask about a estafa case filed to my friends mom..it was already filed and the judge wants them to try to settle it out of court but the petitoner ..wants them to pay in lumpsum..but they can only pay by installment as they already loss their catering bussiness,her mom has no job her dad was forced to wrk abroad to help finacially.thres no way thy can pay full 1million.and worse thing as much as they want to pay.., the petitoner threatens her mom that they will filled an arrest warrant if they dont pay in lumpsum..what is the best option they can do to persuade the petitioner to fille an arrest warrant to her mom.they really want to cooperate just to finish this case as her mom is starting to suffer depression due to stress..
1 Answer from Attorneys
You have to verify the status of the case in court. A warrant of arrest will only be issued if your mother is not attending the hearings.Or when the case was filed in court a warrant will be issued.However, your mother can to post a bail for her temporary liberty and the warrant of arrest will be recalled. If it is a simple loan there can be no estafa unless simultaneous with the loan your mother had issued several checks that bounced.
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