PAANO NAKALAYA SI NERI NAIG?
Summary
TLDRThe transcript covers the case of Neriza Miranda (Nery Naig), a celebrity arrested for multiple counts of syndicated estafa under the Securities Regulation Code. Initially denied bail, a court later quashed the arrest warrant after a motion was filed, citing procedural errors in Miranda's prior legal proceedings. The case highlights issues with Miranda not having the opportunity to respond to accusations, which led to her wrongful arrest. While Miranda is set to be released, her legal team is still working to address pending charges and possible bail issues for her remaining cases.
Takeaways
- 😀 Nery Naig Miranda was arrested on November 23 in Pasay City over 14 counts of estafa and violations of the Securities Regulation Code.
- 😀 A court ordered the release of Nery Naig Miranda after the motion to quash the warrant of arrest was granted, citing a lack of proper process.
- 😀 The release order for Miranda was issued on December 4, and it was communicated to both her legal team and the Bureau of Jail Management and Penology (BJMP).
- 😀 Miranda's case involves allegations that she issued bounced checks to investors, which led to the charges of syndicated estafa and securities violations.
- 😀 The case was dismissed for improper process, as Miranda was not given the opportunity to file a counter-affidavit, which is necessary for her defense.
- 😀 The prosecutor’s office had filed charges based on the evidence against Miranda without allowing her a chance to respond to the accusations.
- 😀 A release order for Miranda was granted, though she still faces other charges, including one where a bail amount of 1.7 million PHP is required.
- 😀 Miranda's legal team is still investigating whether there are any pending cases or warrants for her that might prevent her release.
- 😀 The court's decision to quash the arrest warrant was based on Miranda not being properly informed about the charges and not being given a chance to respond.
- 😀 Once the release order was received, Miranda's release was expedited, provided no additional cases or reasons for her detention arose.
- 😀 Nery Naig Miranda's legal team and the BJMP are coordinating to ensure she is released and can address the remaining legal matters while outside detention.
Q & A
What was the reason for the release of Nery Naig Miranda?
-Nery Naig Miranda's release was ordered due to a motion to quash her arrest warrant. The court determined that she had not been given proper legal process, particularly the opportunity to file a counter affidavit, which led to the dismissal of her arrest warrant.
What were the main charges against Nery Naig Miranda?
-Nery Naig Miranda was facing charges of syndicated estafa, involving violations of the Securities Regulation Code. She had been accused of issuing bounced checks to investors of a company she was associated with.
What is the significance of the motion to quash in this case?
-The motion to quash was crucial in this case as it led to the dismissal of the arrest warrant. It was based on the argument that Miranda had not been given the opportunity to respond to the allegations or submit a counter affidavit, which is a fundamental part of due process.
What is the total amount of the bail set for Nery Naig Miranda's case?
-The total bail set for Miranda's case amounted to approximately 1.7 million pesos, based on 14 counts of estafa, with each count requiring a bail of 12,000 pesos.
How did the court's ruling affect Miranda's release?
-The court's ruling allowed for Miranda's release after the motion to quash her arrest warrant was approved. However, she still needed to settle bail for another case before she could be fully released from custody.
What are the next steps for Miranda after her release order was issued?
-After her release, Miranda is required to go through a preliminary investigation, during which she must file a counter affidavit. This process will allow her to respond to the charges and continue her legal defense outside of detention.
Why was there confusion about the term 'non-bailable' in this case?
-The confusion arose because the term 'non-bailable' was used in relation to Miranda's case, but the reality was that a release order was issued, meaning she could be released if no other legal barriers existed, such as pending cases or warrants from other courts.
What role did the Bureau of Jail Management and Penology (BJMP) play in the process?
-The BJMP was responsible for processing Miranda's release once the court order was issued. They also communicated the details of her confinement and release status, and ensured she received the proper documentation for her release.
What did the spokesperson say about Miranda's medical condition?
-The spokesperson confirmed that Miranda was undergoing medical evaluation at a hospital. She had been granted a medical furlough by the court, which allowed her to receive treatment while her case progressed.
What impact did the motion to quash have on the judicial process?
-The motion to quash effectively halted the original proceedings, as it highlighted a failure in due process. The case was sent back to the prosecutor's office, which allowed Miranda to submit her counter affidavit and ensure that the legal process was fair.
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