need advice: anong gagawin sa fiscal?

**rst619** · March 26th, 2009 11:25 AM

usually fiscal ang abugado talaga ng complainant ( kaya nga tawag sa fiscal ay public prosecutor ).

dun naman sa affidavit of desistance usually ok na un pero mabuti na din ipabasa mo muna sa lawyer ng side ninyo.

**ab_initio** · March 26th, 2009 01:29 PM

^^ the parties may not bring their lawyers. but then many party litigants opt to bring their respective counsels. during the preliminary investigation, the prosecutor acts as the judge, or sometimes when the case involves several parties and of great public significance, they may create a panel of prosecutors who will determine if there's probable cause. in their determination they act as judges. hence, any prosecutor shall not be partial with any of the parties. the prosecutor shall not be seen lawyering for any of the contending parties. so if the respondent (later, in the court of law, he shall be called the accused) is destitute and wants to be ably represented by a lawyer, he may ask the PAO that he be represented.

later, i'll backread some more...

**ab_initio** · March 26th, 2009 01:32 PM

^^ mods, there's a later thread similar to this...you might want to merge this?

http://tsikot.yehey.com/forums/showthread.php?p=1217118

**badkuk** · March 26th, 2009 03:30 PM

pa clarify lang po: can a case that's dismissed by the fiscal be refiled/appealed?

**tsupermario** · March 27th, 2009 02:16 PM

Originally Posted by badkuk

to clarify things, ung classmate ko po ung sinampahan ng kaso...while i feel he has a strong case, he has opted to settle para wala nang gulo.

paclarify lang: once both parties agree to settle at the fiscal, and the motion to desist(tama ba terminology ko?) is signed, can the case be revived in the future? my understanding of it kasi is that once magsettle na sa fiscal, patay na ang kaso.

and is it true that once the fiscal throws it out, pwede pa raw ifile uli, or iappeal?

parang lumilitaw kasi ngayon, parang mas OK pa ata na magkademandahan talaga kesa makipag ayos sa fiscal.

kung maayos naman ang settlement bakit pa ir-refile ng complainant? for peace of mind, the parties can each have a copy of the affidavit of desistance.

sino po pala ang magdradraw up ng motion to desist? Ung fiscal po ba mismo or the plaintiff? di ba dapat me standard format na siya?

preferably the parties should draft the affidavit, especially yung respondent. standard na nilalagay dun ay hindi na interested na i-pursue yung complainant ang kaso. the signatory of the affidavit will be the complainant and the affidavit will be under oath.

**macsd** · March 27th, 2009 09:19 PM

Originally Posted by badkuk

any resident lawyers here? actually kaso po siya ng isang HSmate ko. pwede po bang paconsult via PM na lang? i'm not comfortable with disclosing the facts since i'm not directly involved naman. pasensiya na po, likas po sa akin ang pagiging paranoid B)

basically nainvolve kasi siya sa traffic accident -- me narear end siya on the fast lane . the driver clearly went on full stop kaya nabangga niya. damage was relatively minor, and nakipag areglo na siya, so he was quite surprised to get a call from the traffic investigator, who elevated the case to the fiscal.

tingin ko malabo ung kaso, pero, no offense to anyone, alam mo naman ung mga nangyayari dito...

what is the purpose the insurance if they cannot handle such a problem? ipasa nyo ang problema sa insurance, than worry it your self. damage to property lang ang kaso and that is what insurance are for. don't tell me walang insurance yung sasakyan.

**badkuk** · March 27th, 2009 09:46 PM

Originally Posted by macsd

what is the purpose the insurance if they cannot handle such a problem? ipasa nyo ang problema sa insurance, than worry it your self. damage to property lang ang kaso and that is what insurance are for. don't tell me walang insurance yung sasakyan.

nag lapse kasi comprehensive insurance niya, and was gonna get TPL the following week -- medyo namahalan coz medyo old na ung car...then the accident happened. Caught in transit ika nga

**ab_initio** · March 27th, 2009 10:32 PM

Originally Posted by badkuk

pa clarify lang po: can a case that's dismissed by the fiscal be refiled/appealed?

refiling: yes, pwede. so long as you have evidence apart from those submitted during the first preliminary investigation.

for some cases which are dismissed, the same may be appealed to the DOJ.

others would sometimes take the case to the court via certiorari.

**macsd** · March 30th, 2009 11:06 AM

Originally Posted by badkuk

nag lapse kasi comprehensive insurance niya, and was gonna get TPL the following week -- medyo namahalan coz medyo old na ung car...then the accident happened. Caught in transit ika nga

bro, pasencya kna pero pakilala mo sa akin yung friend mo at babatukan ko lang. bakit pati tpl expired eh kasabay palagi yun ng registration, meaning u can't register the vehicle without a tpl insurance. if such is the case, then expired na rin registro ng kotse. tama lang makulong yang friend mo, matuto ng aral, tatanga tanga eh.

**rst619** · March 30th, 2009 12:41 PM

Originally Posted by macsd

bro, pasencya kna pero pakilala mo sa akin yung friend mo at babatukan ko lang. bakit pati tpl expired eh kasabay palagi yun ng registration, meaning u can't register the vehicle without a tpl insurance. if such is the case, then expired na rin registro ng kotse. tama lang makulong yang friend mo, matuto ng aral, tatanga tanga eh.

uso na yata batukan dito a lol

ah malaki nga tsansa ma refile yan kahit nag desist na main complainant lalo na kung talaga palang unregistered pa ung car.