I filed a estafa case

Good day to all.

Nagpaayos po ako ng sasakyan, at first they qouted me 25k dun sa dapat ipapaayos ko lang, kaso nung mabuksan nila nagdagdag sila ng another 20k (that makes it a total of 45k) for a certain repair I didn't plan at all. I didn't have a choice since the car was being disassembled already but to go on with the repair and give the price their asking. Nadala rin ako ng mga magagandang salita nila na pulido sila magtrabaho. So tiwala talaga ako, kaya everytime their asking for a downpayment lagi akong nabibigay hanggang sa nakabayad ako ng 30k pero sobrang minimal pa ng natatapos sa kotse, umabot pa kami sa arguements, nagkasamaan ng loob. Pati pagpipintura hindi matapos tapos hanggat hindi ako nagbibigay ng additional downpayment, kaya napilitan ako magbigay ng 5k. After 6mos mula ng dinala ko dun ang aking sasakyan, tinawagan nila ako dahil ready for pickup na daw. Pinuntahan ko kaagad kaso ang dami pang hindi nakakabit sa kotse, very dissapponting talaga. The paint is such a mess, hindi pantay pantay mga body panels, marami sa scope of job nila ang hindi nagawa. Ayoko na sana bayaran yung natitirang balance na 10k but they forced me or they will not release the car, so I paid 5k and we agreed.

Since the car is not in a very good condition I had to ask another shop to tow it and bring to their shop and also to examine the repair done by the previous shop and to my surprise, napaka daming sira ng sasakyan na dapat ko pang ipagawa para lang magamit at mapaandar.

I filed a case already to DTI. There were summons for mediation and arbitration but none of those were attended by them and until now Im still waiting for their decision.

Got impatient with the DTI, I filed a estafa case to the procecutors office in the municipality of the shop. I was informed na admin case daw yung sa DTI at criminal case yung sa procecutors office.

My question is
1. May laban po kaya ako sa estafa case?
2. What are the possible juriditial remedies? What should I expect?
3. Gaano katagal inaabot ang estafa case?
4. Sa first hearing ng fiscal's office eh hindi parin talaga sila napunta, kaya ba nila paikutin ang situation kung may kilala sila kahit hindi sila napunta?

Please enlighten me attorney. Thank you and God Bless.

(1) The proceedings before the prosecutor is called preliminary investigation. In preliminary investigation, evidence beyond reasonable doubt is not yet required to be shown. The prosecutor only needs to determine that a crime has been committed and that the respondent is probably guilty of the crime being charged. Once you have established this, the prosecutor will file a criminal information for estafa against the respondent. Once you have accomplished this, expect that the opposing party will go through a lot of trouble of facing the possibility of arrest (by virtue of a warrant), posting bond, attending court hearings, spending for lawyer, etc.

Once the case reaches the court, whether or not the accused will be convicted for estafa will depend on how the prosecutor will handle the case. A conviction requires proof beyond reasonable doubt.

(2) The prosecution will issue a resolution whether or not the respondent files his counter-affidavit. If the respondent files a counter-affidavit, the prosecutor will decide the case on the basis of the affidavit and evidence presented by the complainant and the respondent. If the respondent does not file a counter-affidavit, the prosecutor will resolve the case only on the basis of your affidavit and evidence presented.

If the prosecutor finds probable cause to believe that the respondent committed the crime of estafa, he will issue a resolution to that effect. Thereafter, a criminal information for estafa will be filed in court against the respondent. The case will be raffled to a particular branch of the Regional Trial Court. Thereafter, the RTC will issue a Warrant for the arrest of the accused.

If the prosecutor finds no probable cause, he will issue a resolution dismissing the criminal charge for estafa. In such a case, you can either file a Motion for Reconsideration or appeal to the DOJ via Petition for Review for Certiorari.

(3) With respect to the prosecutor's resoution on whether or not there is probable cause to charge the respondent for a crime, it will depend on how fast the prosecutor resolves his cases. From the time the case is submitted for resolution, it can be resolved as early as 1 month. Most of the time, the resolution is issued not more than a year. In some cases, there is no resolution even after a year.

The court trial is an entirely different matter. Its duration will depend on several factors, such as, volume of court dockets, delaying tactics of accused or his counsel, leniency of court, unavailability of witnesses, prosecutor's lack of preparation, etc., etc. I have seen criminal cases drag on for 15-20 years in the lower court.

(4) Usually, the prosecutor schedules two hearing dates. If the respondent fails to appear and present his counter-affidavit on the second hearing date, the prosecutor will submit the case for resolution. To answer your question, everything is possible in the Philippines.

Good day sir,

Since I filed a estafa case to the procecutors office in the municipality of the respondents... Then the letter of subpoena has been ignored by the respondents and a resolution has been submitted by the procecutors...

Ever since that day wala na po akong balita kung ano na nangyari... Does it mean my case has been denied?

Justice delayed is justice denied...

Please enlighten me attorney. Thank you and God Bless.

for as long as you have not receive any resolution from the prosecutor's office, then the case is still pending in that office.... you just need to make follow-up, know the docket number of your case, so that it will be easy for you to inquire about its status.... if you have a lawyer, he can file a "motion to resolve" before the prosecutor's office to fast track the early resolution... preliminary investigation usually takes from 45 days to 90 days to resolve, sometimes longer depending on the case load of the investigating prosecutor... you have a good cause of action, just be patient and you will get the justice that you deserve.... good luck....

Thanks for the post. If anyone needs legal advice; feel free to contact me anytime.