legal Free Legal Advice

[jake_roxas]

what is this case study for?

[cruiser007]

sounds like homework to me

[BigBoyBigaon]

here's a problem,

 

I just bought 3 enclosures for work, 2.5" and 3 Seagate 80G HDDs, brand new,

 

attached it, plugged it in, hardware detected but i DON'T SEE IT IN "MY COMPUTER"...

 

as in, walang icon... walang F drive nothing...

 

tried it on my laptop too, wala,

 

plugged BOTH USBs, wala din...

 

Device manager sees it naman,

 

Impossible naman na all three, sira, diba...

 

i'm sure i'm overlooking something,

 

come on geniuses, get those brains thinking...

 

by the way, I bought them in hong kong, so i can't very well ask the vendor at this point...

 

HELP!!!

Edited October 3, 2006 by BigBoyBigaon

[jake_roxas]

i beg your pardon, ma'am?

Edited October 3, 2006 by jake_roxas

[fauxhead]

Why don't you just post it here so that we can help threshing it out.

 

Case study nga eh. Law studes study cases lawyers fight in court.

 

Will PM u my reply, Mr. Long-Arm Rifle.

[Dr_PepPeR]

Sounds like the first question involves the appreciation of the facts as postulated.

 

The last two questions seem to involve the application of The Military Code of Justice.

 

Difficult to answer from a purely legal standpoint and hardly a commonplace occurence.

 

It will be interesting to see the opinions here. Please post them.

[Guest xHANGMANx]

WPS is a chinese Word Processing Software

[_Pabling]

here's a problem,

 

I just bought 3 enclosures for work, 2.5" and 3 Seagate 80G HDDs, brand new,

 

attached it, plugged it in, hardware detected but i DON'T SEE IT IN "MY COMPUTER"...

 

as in, walang icon... walang F drive nothing...

 

tried it on my laptop too, wala,

 

plugged BOTH USBs, wala din...

 

Device manager sees it naman,

 

Impossible naman na all three, sira, diba...

 

i'm sure i'm overlooking something,

 

come on geniuses, get those brains thinking...

 

by the way, I bought them in hong kong, so i can't very well ask the vendor at this point...

 

HELP!!!

 

Try formatting the drives under disk management HTH

[fauxhead]

Allow me to take the first crack.

 

First, may conflicting. In the 1st para, you said the robbers fled "to their barracks" while on the 2nd, nobody saw where the robbers went. Which is which?

 

On to the questions.

 

1. Fiscal - The facts do not make a case. He should ask for further investigation from the appropriate law enforcement agencies.

 

2. The General - Nothing stops him from proceeding with an investigation of the incident that might have involved personnel under this command. However, pressing charges against them is another matter. The AFP's court martials only have exclusive jurisdiction of crimes defined as service-connected. It is considered service-connected if it falls within the acts punishable under the Articles of War.

 

3. Charges - Based on the facts, wala.

 

In relation to the investigation, under the Anti-Money Laundering Act, there is no need for a court order to open accounts suspected of being related to unlawful activity, which in this case is robbery. However you must apply for authorization with the Anti-Money Laundering Council.

 

Hi I need help on my case analysis its driving me crazy,

 

CASE ANALYSIS

 

In may 2001, the phil veterans bank near sangley point naval base was robbed. The robbery

occured at 4pm on a friday, and the robbers tooke off with 2.5 million pesos. they fled on motorbikes

to their barracks.

 

During the investigation, the eye witness testimony conflicted but the only fact established was that the

robbery was executed with pinpoint prescision, with the ledear barking like a military man, and that one

of the robbers answered "aye sir". No one saw where the robbers went. Having nothing with which to go

on, the case turned cold and remained unsolved.

 

2 years after the incident, the police in the area receive an anonymous tip regarding the robbery. The

anonymous caller said that the robbery was masterminded by Capt Felixberto DOmingo, a Naval officer

stationed in Sangley. The Caller said the police should look into the bank account of Capt Domingo.

The caller mentioned that the naval officer had acquired a new house in an exclusive subdivision in Metro

Manila, not to mention vacation homes in both Batangas and Boracay.

 

The Caller also mentioned that the police should look into the circumstances surrounding the death of

Lance Corporal John Estares, who died in combat action.

 

The investigation was conducted by Sgt Flaminiano and overseen by Supt. Gerardo Munoz, both of the

Philippine Natl Police. The following facts were uncovered.

 

1. Capt Domingo is currently married to the wife of deceased LCpl Estares. They gotten married about

one year after Estares died in combat.

 

2. LCpl Estares was transferred to Zamboanga Theater of operation in January 2002 by virtue of DOD

order no. 1234 issued by gen santos. He died in october of the same year when his unit was engaged

in a fierce gun battle with members of the abu sayaff

 

3. The transfer of the Marine officer was initiated by Major Fuentes, a classmate of Capt Domingo in PMA

and a good friend ever since they began their studies. Based on all supporting documents, nothing untoward

could be concluded.

 

4. Capt domingo was assigned to sangley point, a mere 0 minutes from the bank that was robbed. Capt Domingo

said that he was assigned to desk duty at the time because he claimed he was recovering from a debilitating

2 week flu.

 

5. Medical records however show that capt domingo did not visit the base hospital, and neither was there any request for

any medicines issued in his favor. There was also no record of any home visit that could have been made reveal that

2 days after the robbery, Capt domingo came in for treatment from an infected wound in his thigh .

 

6. As to properties owned by capt domingo documents reveal that indeed there are 2 pieces of property which were purchased one and a half years after the robbery. However, the properties are in the name of his current wife

and purchased during their so far short married life.

 

7. Bank records are not obtained due to restrictions from the bank.

 

QUESTION

 

1. If you were the fiscal, armed with the report, what would your next course of action be?

 

2. General santos wants to step into the picture and take care of cleaning their own house.

Can he assume jurisdiction over the matter? How?

 

3. What if any charges can Gen Santos and the Judge Advocate Generals office bring against Capt Domingo?

Thanks very much!

[rocco69]

Tirahin ko na rin:

 

Question 1. Assuming someone filed a complaint for preliminary investigation with the fiscal.

 

For the purported robbery, the fiscal should dismiss the case. Note that the quantum of evidence required in preliminary investigation is such evidence sufficient to “engender a well founded belief” as to the fact of the commission of a crime and the respondent's probable guilt thereof. The prosecutor need only look for the probability of the accused having committed the crime. As it is, the evidence on hand is total crap. No way a public prosecutor worth his salt is going to press charges on the basis of an unverified tip.

 

For the death of Estares, the proper complainant should be his heirs. Since the wife is already married tot he respondent? i wouldn't think that she would be willing to press charges. But i digress. I think the principle applicable here would be "el causa dela causa es la causa del mal causado." I don't think you can tie-in the Abu Sayaff (who killed Estares) to the respondent (it is too speculative to say that his transfer would lead to his death, plus the fact that there is no evidence of wrongdoing with regards to the transfer), hence the case should also be dismissed.

 

For the purported unexplained wealth, without a showing that the wife has no source of income to purchase the property registered in her name, as well as a showing that the respondent himself has no other sources of income (or donations coming from relatives), the same must also be dismissed.

 

2. If the General has access to the Statement of Assets and Liabilities of the respondent, he can conduct an investigation as to respondent's (and his wife's) sources of income, after which he can file a complaint for unexplained wealth (if the results show that he could not have legitimately obtained the same). As for the rest, i don't think he has any grounds for filing a complaint.

 

3. Charges - ganun din. As it is, wala.

 

Allow me to take the first crack.

 

First, may conflicting. In the 1st para, you said the robbers fled "to their barracks" while on the 2nd, nobody saw where the robbers went. Which is which?

 

On to the questions.

 

1. Fiscal - The facts do not make a case. He should ask for further investigation from the appropriate law enforcement agencies.

 

2. The General - Nothing stops him from proceeding with an investigation of the incident that might have involved personnel under this command. However, pressing charges against them is another matter. The AFP's court martials only have exclusive jurisdiction of crimes defined as service-connected. It is considered service-connected if it falls within the acts punishable under the Articles of War.

 

3. Charges - Based on the facts, wala.

 

In relation to the investigation, under the Anti-Money Laundering Act, there is no need for a court order to open accounts suspected of being related to unlawful activity, which in this case is robbery. However you must apply for authorization with the Anti-Money Laundering Council.

[crazykalbo]

MS Works is needed to open .wps files, or a converter to allow opening with MS Word.

 

.wps is a Works text document (Microsoft)... see > www.filext.com

[M16A2]

Thank you so much for your insights with regards to this case study.

 

So the circumstances indicated in the police report is insufficient to serve as basis for

probable cause.

 

thanks again

[kelvin]

here's a problem,

 

I just bought 3 enclosures for work, 2.5" and 3 Seagate 80G HDDs, brand new,

 

attached it, plugged it in, hardware detected but i DON'T SEE IT IN "MY COMPUTER"...

 

as in, walang icon... walang F drive nothing...

 

tried it on my laptop too, wala,

 

plugged BOTH USBs, wala din...

 

Device manager sees it naman,

 

Impossible naman na all three, sira, diba...

 

i'm sure i'm overlooking something,

 

come on geniuses, get those brains thinking...

 

by the way, I bought them in hong kong, so i can't very well ask the vendor at this point...

 

HELP!!!

 

 

Check the disk management console.

import foreign disk and choose initialize.

:hypocritesmiley: :headsetsmiley:

[LovenFaith]

Good afternoon po...

in our present time, what is the indicated punishment po ba for

grave threat, oral defamation, public scandal, and libel including their moral damages penalties would the case be pursued...?

thanks so much po ulet...?

[BigBoyBigaon]

Check the disk management console.

import foreign disk and choose initialize.

:hypocritesmiley: :headsetsmiley:

thanks guys that was it, had to format it, NTSF,

 

my bad