Need advise from lawyers or anyone hu knows public international law in the Phils.

[meighya]

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hello istoryans,

Got no lawyer to ask,that's why mag post nalang ko dri for advices for the meantime na nangita mi ug lawyer.
This is my sister's problem actually, she and his fiance(Swedish) ky naa sa laing country karon..and planning to go back here sa Phils.
But the problem here is, ang kani iya fiance ky kadaghan na ni naka-anhi sa Phils,since saona pjd bata pa siya. Then iya recent visit which was 6years ago and wasn't a vacation that time ky they were trying to help ang family sa iya uncle na nagminyo sad dri sa Phils. As in gikontra niya iya uncle ato tyma just to help ang family sa uncle nila ato.

Niabot sa point nga gikiha na siya sa iya uncle, then upon knowing ky milarga siya daun ato pagawas sa Phils, mao to pag release sa notice ky wla na siya dri sa Phils. That was 4yrs ago, we tried to settle the case here but ang judge ky nagpasaka ani before ky patay na as of now mao maglisod mi ug trace sa case. Then the same year nga naabot sila didto sa ilang country(Sweden) ky naka receive sad ni xa ug letter in relation sa katong case niya dri Phils, stating na pwede daw xa dakpon dri sa Phils anytime.'


So my questions here are:
1. Asa ko pwede mag check if naka ban ba iyang name dinhe sa Phils. Sa immigration?isn't that confidential bah..?

2. Then possible ba ni gka abot niya sa airport ky drtsoon siya ug arrest because ani nga case?

3. And lastly unsa among dapat buhaton pra ma settle ni nga case.


salamat daan sa mga tobag.

Mea

[masakiton]

mam.. kung maka lugar ka visit nalang sa PAO (public attorneys office) .. basin maka hatag pud sila nimo ug advice
or kanang mga legal assistance program sa radio

[meighya]

mao lage... Kinsay naay kaila na tga PAO diri?mas mau man gd unta ug naa nakoy contact daan didto before ko moadto pra dli sad masayang ang ako time unta.

[AntitaniC]

So my questions here are:
1. Asa ko pwede mag check if naka ban ba iyang name dinhe sa Phils. Sa immigration?isn't that confidential bah..?

-sa bureau of immigration..... (but I doubt they'll divulge any information about it unless it has a court order)

2. Then possible ba ni gka abot niya sa airport ky drtsoon siya ug arrest because ani nga case?

-no unless his one of the most wanted list in the phils.
or the one who filed the case before had the police waiting for their arrival.


3. And lastly unsa among dapat buhaton pra ma settle ni nga case.

-ask a lawyer to trace the files of the deceased lawyer who filed the case. give them specific date and time of the case.

and you'll need lots and lots of time and money for this one.. good luck..

I think this will help : http://www.pao.gov.ph/

[meighya]

Tnx antitaniC!

For now mao ra jd ang pinaka-impt na amo unta mahibaw-an..kon harangon ba siya sa airport upon arrival.

If not then i guess ok ra ky amo plano is ihilom nalang for the meantime ang iyang pag-abot dri pra dli na
siguro ma-otingkay ang kaso ky ang kani sad siya nga nag file sa kaso ky wla naman lang sad gd magtagad pd..



Then mangita nalang sad ug abogado to settle the case.

[infinite27]

Sir,

To be safe if he was in the Watch list of Wanted foreign National then he have to Write a formal letter to the Department of Immigration in cebu or the Dept. of Custom because they in authority as far as the port of entry is concern? Or he can a hire a good lawyer in advance without his presence to defend him in the court of law. Because the more he disregard the case against him the more serious penalty will be?By the way, what is the case did his uncle file against him? Did he recieved a Court order to arrest him like a warrant of arrest? because if it's just a minor case then he can post a bail right after he enter the port of entry in cebu thru his lawyer but if the case against him was more serious then don't assume anything in his favor because i'm sure the lawyer of your uncle already exhausted all legal means to put your relative behind bar,like requested a hold departure order against your sister fiance.

just my two cents..

[meighya]

Case filed was Malicious mischief,cause was illegal entry from his uncle's house,nisud man gd xa ato tyma to get important documents na gamitonon sa family sa iya uncle..ky dat time gipalayas man jd sa to iya uncle ang iya family ato..

Naa jd warrant of arrest na na serve that time...but wla na xa ma-abti dinhe sa Phils ky nakalarga naman sila pagawas daun ato.

Tnx
infinite27!

i'll ask my sister nalang to draft a letter to the Department of Immigration here sa Cebu..
aint sure sad jd diay,basin mifile ni ug hold departure order ang lawyer sa iya uncle.

[AntitaniC]

Sir,

To be safe if he was in the Watch list of Wanted foreign National then he have to Write a formal letter to the Department of Immigration in cebu or the Dept. of Custom because they in authority as far as the port of entry is concern? Or he can a hire a good lawyer in advance without his presence to defend him in the court of law. Because the more he disregard the case against him the more serious penalty will be?By the way, what is the case did his uncle file against him? Did he recieved a Court order to arrest him like a warrant of arrest? because if it's just a minor case then he can post a bail right after he enter the port of entry in cebu thru his lawyer but if the case against him was more serious then don't assume anything in his favor because i'm sure the lawyer of your uncle already exhausted all legal means to put your relative behind bar,like requested a hold departure order against your sister fiance.

just my two cents..

consider this one also...

[infinite27]

Sir,

if naa warrant of arrest against him then his name should be in the foreign Watch list of the Department of Immigration or Custom, and soon as he arrive in cebu he will be arrested and of course there should be a hold departure order against your sister fiance.lawyer know's this procedure already because it part of the legal means to compel any individual to appear in court and face the music. Sir malicious mischief offense is a bailable offense, therefore i would suggest to hire a good lawyer now and face the music before your rights will be forfeited.But your sister's fiance can stay in sweden don't worry about the case since i as far as i know the philippine government and the sweden government doesn't have an existing extradition treaty with each other.

just my two cents...

[samamar21]

seek a legal advise para segurado!