how to file a lawsuit in the RP?

hi compañeros/compañeras,

I am planning to file an estafa case against an individual but i don't know how or where to begin. Do I need to hire a lawyer in filing a lawsuit? or can I just go directly to the authorities(Police, RTC, NBI, etc) and file the case even if I don't have a lawyer? Please give me details on how to file a lawsuit for i have zero knowledge regarding this. Your answers will be much appreciated. Many thanks.

-ar

You can either:

(1) Go to the police and give your statement. The police, in turn, will endorse your complaint to the prosecutor's office. (Of course, it is the duty of the police to investigate before endorsing your complaint. Thus, the other party may be invited for questioning/to give his side of the story) -or-

(2) File an Affidavit-Complaint with the Prosecutor's Office. If you do not want to hire a lawyer to represent you, at least, seek the services of a lawyer to help you prepare your Affidavit-Complaint. You will affirm your Affidavit-Complaint before a prosecutor.

The case will be raffled to determine which prosecutor will handle the preliminary investigation. You will receive a notice from the prosecutor's office informing you of the hearing dates for the preliminary investigation. The other party will be given a chance to submit his/her counter-affidavit. Then you will be given a chance to file your Reply-Affidavit. The other party can request for the filing of a Rejoinder-Affidavit. Thereafter, the case will be submitted for resolution.

If the resolution of the prosecutor is favorable to you, then a criminal information will be filed in court against the other party.

how was the estafa committed?where was it committed?

admiral thrawn wrote:how was the estafa committed?where was it committed?

I bought a condo unit in Libis through an agent, and I paid the downpayment in an installment basis through the agent, but the last time I checked I found out that the agent is not remitting my payment to the office. So I asked the agent where did my money go but she can't give me any decent answer. I always try to contact her but she never replied. This is clearly estafa right?

attybutterbean wrote:You can either:

(1) Go to the police and give your statement. The police, in turn, will endorse your complaint to the prosecutor's office. (Of course, it is the duty of the police to investigate before endorsing your complaint. Thus, the other party may be invited for questioning/to give his side of the story) -or-

(2) File an Affidavit-Complaint with the Prosecutor's Office. If you do not want to hire a lawyer to represent you, at least, seek the services of a lawyer to help you prepare your Affidavit-Complaint. You will affirm your Affidavit-Complaint before a prosecutor.

The case will be raffled to determine which prosecutor will handle the preliminary investigation. You will receive a notice from the prosecutor's office informing you of the hearing dates for the preliminary investigation. The other party will be given a chance to submit his/her counter-affidavit. Then you will be given a chance to file your Reply-Affidavit. The other party can request for the filing of a Rejoinder-Affidavit. Thereafter, the case will be submitted for resolution.

If the resolution of the prosecutor is favorable to you, then a criminal information will be filed in court against the other party.

Thanks attybutterbean.

ar wrote:

admiral thrawn wrote:how was the estafa committed?where was it committed?

I bought a condo unit in Libis through an agent, and I paid the downpayment in an installment basis through the agent, but the last time I checked I found out that the agent is not remitting my payment to the office. So I asked the agent where did my money go but she can't give me any decent answer. I always try to contact her but she never replied. This is clearly estafa right?

First write your agent a demand letter. This is a prerequisite for the filing of an estafa case.

By the way, Estafa commited against you falls under art. 315 par 1 (b) of the revised penal code which says that ESTAFA " With unfaithfulness or abuse of confidence, namely:(b) By misappropriating or converting, to the prejudice of another, money, goods, or any other personal property received by the offender in trust or on commission, or for administration, or under any other obligation involving the duty to make delivery of or to return the same, even though such obligation be totally or partially guaranteed by a bond; or by denying having received such money, goods, or other property; . .

do you have receipts and other documentary evidences to prove that indeed the money was given to your agent. these are important since suing someone in court needs not only the charges but also proofs. so have it ready before filing your complaint affidavit before the public prosecutor in pasig(or QC, because the is a part of Libis which is already within the jurisdiction of QC).

Thereafter follow the instruction posted by attybutterbean.Ok!!!