Jump to content

Recommended Posts

Fender rules

You may remember the postings about a 66 year old american from Talisay who got himself locked up on a rape charge. Well, we finally got him released on bail and it looks like the charge will be dropped. 

I have a question for all of the legal eagles in LInC. During the time he was in the clink his passport expired and (the passport) was actually held hostage by the person responsible for the whole debacle and he can't get it back. He is required by the court to stay in Cebu until the case is finalised. The American consul, John Domingo, has said there will be no problem furnishing him with a travel document......but of course he doesn't have a current visa to stay in the Philippines

 

Our concern is the BOI, how will they treat him? will he be considered to be an overstayer? Do they have a protocol in place for these kinds of cases. 

Link to post
Share on other sites
Davaoeno

I am currently on my way out of the country , but I think Robert/Smokey just arrived and he can probably refer you to a friend of ours who works in the courts for the BI

 

That of course is if it is a legal problem , and not a matter of merely paying the fees owing.  Without a passport to stamp ??

Edited by Davaoeno
Link to post
Share on other sites
jtmwatchbiz

i'm not davaoeno (thank goodness) but i kinda think it will be a simple matter of merely paying any late renewal fines at immigration and he will be good to go. won't be so bad as immigration has everything on computer so they can compute his arrival and any overdue penalties since then.

Link to post
Share on other sites

I can't answer all of these queries, but can point out a similar case.  Some members with better memories can elaborate.  

 

In the initial days of the Ellah Joy case (the young child found dead a few years back and a "foreigner" with Filipina woman was seen at the scene) there was a fellow and his fiancé stopped just before boarding a flight for their honeymoon.  A "witness" identified the foreigner who was held for several days (weeks?) before released.  This foreigner and his new bride were accused of being the culprits in spite of clear evidence they could not have committed the crime (CCTV at the hotel they were in at the time of the crime).  As I recall the Cebu governor even got involved to get them released.

 

Unfortunately, his visa expired while he was in detention.

 

You will guess the attitude of the BI.  Did you guess?  

 

He had to pay a penalty for a late extension of his visa.

 

Incidentally, I read the fellow and his wife are pursuing civil and criminal charges against those who wronged him, not as a way to exact revenge.  He wants his name cleared.  He was released, but the charges were never dropped......remained a suspect as I recall.  

Link to post
Share on other sites

If he dont have his passport what will they be stamping..... i can referrer him to the right person its for the most part what the vibe is from the over stayer .. if they are cool and you ask the right BI person all is good , i could go down with him one day i have meet most of the people upstairs , of course he will pay i sure wont..



I can't answer all of these queries, but can point out a similar case.  Some members with better memories can elaborate.  

 

In the initial days of the Ellah Joy case (the young child found dead a few years back and a "foreigner" with Filipina woman was seen at the scene) there was a fellow and his fiancé stopped just before boarding a flight for their honeymoon.  A "witness" identified the foreigner who was held for several days (weeks?) before released.  This foreigner and his new bride were accused of being the culprits in spite of clear evidence they could not have committed the crime (CCTV at the hotel they were in at the time of the crime).  As I recall the Cebu governor even got involved to get them released.

 

Unfortunately, his visa expired while he was in detention.

 

You will guess the attitude of the BI.  Did you guess?  

 

He had to pay a penalty for a late extension of his visa.

 

Incidentally, I read the fellow and his wife are pursuing civil and criminal charges against those who wronged him, not as a way to exact revenge.  He wants his name cleared.  He was released, but the charges were never dropped......remained a suspect as I recall.  

now that is a good way to spend a lot of money and time with very little results 

Link to post
Share on other sites

 

He is required by the court to stay in Cebu until the case is finalised.

Required to stay in Cebu or just the Philippines?  Could he go to Manila and get a new passport?
Link to post
Share on other sites

 

Could he go to Manila and get a new passport?

 

Why? I had two of them renewed / replaced through the US Consular Agency in Cebu City. No need to go to Manila at all, to get a travel document for an American Citizen. 

  • Like 1
Link to post
Share on other sites

Why? I had two of them renewed / replaced through the US Consular Agency in Cebu City. No need to go to Manila at all, to get a travel document for an American Citizen. 

I was thinking you had to go to Manila in person if you were replacing a lost/stolen passport.  You're probably right though.

Link to post
Share on other sites

There was an American citizen here that faced charges that were dropped. His problem was he couldn't get out of the country without a letter from the court saying that pending legal action had been dropped. This took quite a while. I really don't know if it applies in this case but thought I should mention it.

Link to post
Share on other sites

It's not certain that BI is aware of this case, and maybe it is not a Hold-Departure Order against him.....(They are often slow with this)
1. Get a new passport
2 Go to BI and explain that the passport was lost, if he have a copy of the last extension its nice. It is only 1005 per month penalty for overstaying.(He should have a "affidavit of lost passport")
3. Extend the stay!
4. Wait for the case

 

*If he don't have a Hold-Departure Order he can get ECC.....

Link to post
Share on other sites

BI only create problems if the court  have blacklisted him and if there is a Hold-Departure Order against him. BI does not take such decisions on their own!

 

 

Link to post
Share on other sites
Fender rules

Thanks to all who gave their advice. I should have mentioned that his passport has expired. As he has not been convicted of anything, I wouldn't think that he is known to the immigration at this stage. So, from what I gather here, he first needs a passport and only then go to BI with an "affidavit of lost passport" and pay the fine without mentioning that he has been "inside". 

  • Like 1
Link to post
Share on other sites
  • Triple Diamond Sponsor
Monsoon

Im not saying this will happen but I do know of someone who lost their passport and the BI tried making them pay for extension from the time they entered.i dont remember how it was settled. And my own personal experience when doing my 13A they demanded I produce the receipt for the last extension of my tourist visa which was given at the same office. They said to prove that it was not fake. So whats the new computer system track? I dont know. But expect the worst and hope for the best.

Link to post
Share on other sites

This is why it is always important to keep your BI receipts, during your stay. Then, you have the official receipts to prove what you have paid for, regarding your visa extensions. 

Link to post
Share on other sites
Fender rules

I'll let you all know what happens to him after he has been through the mill :)

Link to post
Share on other sites
Guest
This topic is now closed to further replies.
×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use, Privacy Policy and Guidelines. We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue..

Capture.JPG

I Understand...