Legal Question in Criminal Law in Philippines

Theft or Estafa

my boardmate was not able to deposit the correct daily collection in the bank of their company.he is using the said amount to pay his debt in a credit card company.after a month bank recon dept notice the deposit in transit are floating.he was terminated to due to qualified theft and falsification of commerial documents.yesterday he received a sobena for qualified theft and falsification of commerial documents.will my boardmate be send to jail when he attend the hearing.


Asked on 3/17/07, 3:16 am

2 Answers from Attorneys
Frederick de Borja DE BORJA LAMORENA AND DUANO LAW OFFICES

Re: Theft or Estafa

Not after the first hearing which is with the Office of the City Prosecutor. After the preliminary investigation with the said office, the information is usually filed with the court which issues the warrant of arrest. That is when your friend would be arrested when found. I suggest that your friend consult a lawyer for this purpose in order to strike a settlement with the company.

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Answered on 3/18/07, 12:18 am
Reynaldo Destura Destura & Associates Law Offices

Re: Theft or Estafa

it depends. if he has warrant of arrest, yes he may be arrested, if none, there is nothing to worry. I suppose that his schedule is merely for arraignment. He better check the records of the court if a warrant for his arrest was issued. Thanks

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Answered on 3/26/07, 3:59 am


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