Non Payment of Bank Loan and what case and what sentence will be served

My friend has acquired a loan at a Rural bank in Nueva Ecija wherein she was granted a loan of 50,000 pesos without a collateral. She was able to pay 10,000 only. She is a 4Ps grantee and she lives in a NIA owned property besides an irrigation canal. She doesnt possess land. She has only a very little sarisari store as her living. She has 4 children of which 3 are minors who are elementary students. The due date of her loan was already overdued. She was asked to appear at the barangay and was photo shot by the police accompanied by the Rural Bank representatives. She was asked to pay her loan up to the 10th day of January 2018. But unfortunately she can not do it. They have actually visited her little house but they found nothing of value.  Now she is in the verge of desperation and up to the extent of committing suicide. She is afraid that she'll be put in bars. What case will she be confronting? Is it estafa?  How grave is it when the Bank should have investigated her capacity to ay before granting the loan?How many years will she be receiving as a sentence? Thanks and more power to you!

Will anyone answer. This may be a little problem to you but your answer will be a great deal to us..Thanks

Will anyone answer. This may be a little problem to you but your answer will be a great deal to us..Thanks

Hello po, ask ko Lang po sana kasal po kasi ako at hiwalay Na sa asawa gusto po sana bumili ng property però di po pde sa name ko, what if po Na sa nanay ko ipangalan taz after fully paid po gawa po nanay ko ng deed of donation pde po ba yun? May habol pa din po ba Ang aking asawa?

@aqc_60
if she did not issue any cheques, then most probably the case that she will face is just a civil case for collection of money.

@Athena Ethan
since ikaw naman talaga ang bibili ng property at hindi ang nanay mo, pag natuklasan ito ng asawa mo at pwede nya ito habulin at hingin ang parte nya.

aqc_60 wrote:My friend has acquired a loan at a Rural bank in Nueva Ecija wherein she was granted a loan of 50,000 pesos without a collateral. She was able to pay 10,000 only. She is a 4Ps grantee and she lives in a NIA owned property besides an irrigation canal. She doesnt possess land. She has only a very little sarisari store as her living. She has 4 children of which 3 are minors who are elementary students. The due date of her loan was already overdued. She was asked to appear at the barangay and was photo shot by the police accompanied by the Rural Bank representatives. She was asked to pay her loan up to the 10th day of January 2018. But unfortunately she can not do it. They have actually visited her little house but they found nothing of value.  Now she is in the verge of desperation and up to the extent of committing suicide. She is afraid that she'll be put in bars. What case will she be confronting? Is it estafa?  How grave is it when the Bank should have investigated her capacity to ay before granting the loan?How many years will she be receiving as a sentence? Thanks and more power to you!

This is only a case for sum of money, which is civil in nature.  Please take note of Section 20, Article III of the 1987 Philippine Constitution which states that: “No person shall be imprisoned for debt or non-payment of poll tax.”  This is guaranteed no less than by our Constitution. So tell your friend not to worry landing in jail.

I suggest that she reach out to the Bank and offer a compromise on how to settle her remaining loan obligation, e.g., she can pay the overdue obligation by installment in an amount that she can afford, for a period of x years.

I am confident that her offer will be accepted because the bank would, in all cases, take the opportunity to collect rather than not at all. Especially since you mentioned that your friend has limited resources.  This means that going to court will prove much expensive that resorting to amicable settlement.  Besides, even if the Court issues a decision in its favor, the bank will definitely have a hard time enforcing the said decision because there is no asset to enforce it with.

In the event that the Bank has already filed small claims suit against your friend, tell your friend to attend the hearing and make her offer a compromise in court.  In this kind of proceeding, both parties are not represented by a lawyer so she doesn't need to hire the services of one.

Please extend my good luck to your friend and tell her, this too shall pass! Have a great new year to you both!

Athena Ethan wrote:Hello po, ask ko Lang po sana kasal po kasi ako at hiwalay Na sa asawa gusto po sana bumili ng property però di po pde sa name ko, what if po Na sa nanay ko ipangalan taz after fully paid po gawa po nanay ko ng deed of donation pde po ba yun? May habol pa din po ba Ang aking asawa?

Hi Athena, bakit hindi pwede sa name mo? If the reason is because you don't want that this property be included in you and your spouse' communal properties, then yes this property you wish to buy will definitely be included in said properties if its under your name.

However, there are other ways to have the property registered as your separate and exclusive property. If you are friends with your estranged husband, you can ask him to execute an Affidavit acknowledging that you bought the property using your own separate and exclusive money. Have this affidavit notarized and attached in your application for registration of title. Please specify clearly with the Registry of Deeds that the property you are registering is your exclusive property so they can make the proper annotation in the title.

If you will pursue the option you mentioned, please take note that registration in the name of your parents entails payment of taxes and registration fees. And in the event that they will transfer this property to you via Deed of Donation, you will again pay taxes and registration fees. And to tell you frankly, the fees are expensive.  In addition to this issue, when the time comes that your parents die and upon computation of their estate, it was found that the legitime of your siblings were impaired, you may be asked to return the property donated to you.

I wish you good luck and have a great new year!

Hello, there. I am new in this forum, and I joined here because I badly need some advice about my problem.

Actually, I am a licensed professional teacher but I am not yet working as a teacher. I am earning as an online freelancer (virtual assistant/campaign manager of a shipping company, to be specific).

So, here's my problem. I am earning from this job, but since the company is from the US, I can't receive my salary in cash. I have to cash it out through a remittance center from my coins.ph wallet (they actually pay me in bitcoin, and I am converting it to peso before cashing it out through the remittance center. Now, I already cashed out four hundred thousand pesos, but divided in separate transactions. One of the cashier of the remittance center asked me if where am I getting those money, and I already explained it to her. I also told her already that the money is going to be used to build our house this January. And she said the term AMLAC. Have I violated anything written in AMLAC?