Need immediate legal advice

Hello,

Need legal advice for a friend.
He's freelance bookkepper, he goes to his
client every month to collect BIR tax
payment which he then pays to the bank. He
defaulted on performing his job, he used the
money when he as in dire need of it and was
not able to repay the money back, now he is
being asked for the receipt and he can't
show any. What possible case could my friend
face and what penalty? Amount involved is
almost 40,000Php.

Thank you

magandang araw po, ako po ay isang ampon na pinamanahan ng isang lupa't bahay. napasama ang aking ina sa isang kulto ay ngayon ang kanyang pinamana sa akin na bahay ay binabawi na niya dahil gagawin daw nilang simbahan. pwede po bang mabawi ng mama ko ang bahay at lupang ipinamana niya saakin kahit na ito'y nailipat na sa aking pangalan? ano po kaya ang pwede kong maging laban para mapanatili ang bahay saakin? sana po matulungan nyo po ako. salamat.

Mathew wrote:Hello,

Need legal advice for a friend.
He's freelance bookkepper, he goes to his
client every month to collect BIR tax
payment which he then pays to the bank. He
defaulted on performing his job, he used the
money when he as in dire need of it and was
not able to repay the money back, now he is
being asked for the receipt and he can't
show any. What possible case could my friend
face and what penalty? Amount involved is
almost 40,000Php.

Thank you

Your friend may file a criminal case for Estafa. T
The act of the book keeper falls squarely on the following provision of the Revised penal Code

Art. 315. Swindling (estafa). — Any person who shall defraud another by any of the means mentioned hereinbelow shall be punished by:
1st. The penalty of prision correccional in its maximum period to prision mayor in its minimum period, if the amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos, and if such amount exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each additional 10,000 pesos; but the total penalty which may be imposed shall not exceed twenty years. In such cases, and in connection with the accessory penalties which may be imposed under the provisions of this Code, the penalty shall be termed prision mayor or reclusion temporal, as the case may be.

2nd. The penalty of prision correccional in its minimum and medium periods, if the amount of the fraud is over 6,000 pesos but does not exceed 12,000 pesos;

3rd. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period if such amount is over 200 pesos but does not exceed 6,000 pesos; and

4th. By arresto mayor in its maximum period, if such amount does not exceed 200 pesos, provided that in the four cases mentioned, the fraud be committed by any of the following means:

1. With unfaithfulness or abuse of confidence, namely:

(a) XXXXXX
(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.

"The penalty of arresto mayor in its maximum period to prision correccional in its minimum period if such amount is over 200 pesos but does not exceed 6,000 pesos; and "

How many years is the sentence for arresto mayor for estafa?

range of 1 month to 4 years

Which is practically no jail time at all since one may apply for probation assuming one is not disqualifed to avail the provisions of probation law.

Thank you