Estafa case for deportation?

My sister has borrowed a large amount of money in Kuwait, lumaki na dahil sa 10% na interest every month umabot ng P500,000 hindi nya nabayaran . There is a promisorry note that she signed. But right now, nandito na sa Canada ang sister ko with me. From here in Canada, she has been texting ung pinagkakautangan nya na uunti untiin nyang bayaran, but according to the lender she will file a case thru Philippine Embassy in Kuwait then will forward it to NBI, and NBI will issue an order to Canadadian Embassy in Manila to apprehend ang sister ko dito sa Canada thru the Canada immigration para mapa-deport o makulong ang sister ko since according to them this is a case of estafa. Is that possible or she is just trying to threaten my sister.

Thank you and I hope you can shed light to this problem.

The crime of estafa was committed in Kuwait. In my opinion, there is no jurisdiction of the court committed outside the Philippines except in Article 2. The court in Kuwait has jurisdiction over the case of estafa.

Under Revised Penal Code,

Article 2. Application of its provisions. - Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or airship
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number;
4. While being public officers or employees, should commit an offense in the exercise of their functions; or
5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code.

There is no fact attending that falls in one of the items above.

Thank you for a quick response. In this instance, ano pong kaso ang pwedeng harapin ng sister ko, is it possible na mapa-deport sya from Canada because of that unpaid personal debt?

Estafa pa rin at the instance of Kuwait (not sure kung ganito ung concept nila ng estafa, not familiar with their penal laws), if this will course through our diplomatic offices in Canada (I am not sure how inter-government agencies work in this sense) and hence the deportation proceedings may prosper. Karamihan sa mga deportation proceedings ay pag may criminal offenses na ginawa sa Pinas. Why can't your sister write a check for complete payment para wala nang problem? If you will insist on the terms of installment, parang you are chasing your tail in circles. Walang hanggan paki - usapan po at tanggihan..

Kindly consult a lawyer for this.

Thank you very much sa advice. I understand that my sister will still face a charge for estafa but is it possible na ung case ng estafa ay i-file po sa pinas? At mag-reflect sa NBI record nya because soon she will apply for a Permanent residency here in Canada and they will ask a new NBI Clearance for that matter?

Not really! if it is from the bank, every bank in Middle East are insured for 100,000 Riyals! but if it is personal loan and they have no license to do so they cannot chase after her although there is written promisory! mas matindi pa kung may ebidensya! If the debt is in Kuwait the case is not likely to prosper and move the case to Philippines, they cannot open a case against her under Philippines jurisdiction because Kuwait is outside Philippines jurisdiction. Canadian government are not likely to get involve with debt case done outside their jurisdiction! Since she is out of Kuwait, they have no way to chase after her! many foreigner are in deeper debt than your sister but when they leave the Middle East they never bother to chase after them as they know 1. giving private loans is illegal in Kuwait and even if it is dealt by the bank it is insured. 2. they have no chance of tailing them if they are no longer in the country 3. They cannot open a case against her as she has to attend their court case in Kuwait if they do so it is not likely to prosper. So all together a waste of time for them! And for them high interest is HARAM!

Thank you for some info. It is a personal loan from a Filipino in Kuwait that bears 10% interest monthly. My sister is willing to pay pa-unti unti that's why she even bother to text that lender in Kuwait from here in Canada, problem is now she has my sister's number in Canada she is threatening my sister to pay the whole amount including interest or else according to her she will file the Estafa case and will be coordinated with the embassy and NBI para mapauwi sya pinas.

NOT POSSIBLE! dahil kung nasa Kuwait pa ang sister mo illegal ang money lending dun HARAM kumbaga kasi hindi naman sya leagal mag pautang din eh! personal loan baka sya pa ang mayari sa Kuwait law! If the loan happens outside Philippines its kind of difficult to coordinate it under Philippines law and the respondent is in Canada, and to coordinate NBI to Canada? malabo din! kaya sabihin mo sa sister mo number lang hawak nya eh di magpalit! hawak ba nya address nya sa Canada? dahil kapag meron demand kailangan exact address etc hindi ganun kadali mag file ng case kapag nasa abroad ang respondent maghintay syang umuwi sya baka sakali pang me chance kaya wag mo na syang pauwiin! Kaya nag threat yan sya kasi alam nya na tagilid ang laban nya kaya hanggang pananakot lang yan dahil kung kaya nya itong mangyari tatanggap na lang ang kapatid mo ng demand pero saan ipapadala? wala nga sya sa Pinas di ba?

10% int a month is unconscionable and can be reduced by the court accordingly. i recommend she file a case to reduce the interest.

and as for the threats of deportation, that is an empty threat

I'm really grateful for your advices. She does not have the address of my sister in Canada but she signed a promissory note for the money she borrowed from the lender and she was asked for a photocopy of her passport to attach to the promisorry note. And as for the demand, possible ba itong i-send sa address sa pinas ng sister ko, eventhough nasa Canada sya?

The latest is that the lender told my sister that she already showed the promisorry note to the Canadian Embassy and with that she can be deported.

That is an empty threat as Atty already said because the Canadian Embassy has got no business to get involve with her debt elsewhere only in their territory! so tell your sister it will not prosper! they can try hard but as I already said Canadian Embassy only cares for Canadian safety outside Canada not other nationalities problems! alright? wag nang makulit at paikot ikot lang tayo! nahihilo na ako sa yo! kidding!

according to lex loci celebrationis, all contracts executed in other countries shall be allowed and governed by the law of the country in which they are executed. such shall be recognised by our government as to the debt which is a contract of simple loan, such shall be recognised. as for civil, yes. as for criminal, no it will not prosper. ang utang ay utang dapat nating bayaran, hindi natin tatakasan, unjust enrichment un sa part ng debtor, dapat lang na hindi payagan itong mga ganitong gawain. i advise you to ask your sister to pay it.

hi po same po kami ng case ang pagkakaiba eh sa Pinas ko po nahiram ung pera at tinatakot po ako na ipapadeport po ako pag di ko nabyran agad ung utang ko 20% poang interest buwan buwan 100k po ang nakuha ko nakiusap po ako na habaan pa konti ung terms ko gawa ng bago palang ako sa trabho ko dito sa uae ano po gagawin ko? kasi sabi nea idadala sa immigration at ipapadeport ako.. nung lumabas po ako ng pinas visit visa po ako eh working visa na po ako ngayon at sa kish ako nagexit

Have you seen Magpakailanman this evening 28/12/2012? where Melody (played by Gina Alajar) was charged of estafa although it was her cousin Richard who fooled her but she was the one who received the money from the investors for investment, therefore when Richard left the country, Melody was responsible for estafa case and was jailed for 4 to 6 years and will be freed this coming April 5,2013. They never done any solution where to chase after Richard so they can recover the money did they? Law is that complicated but if you are out of the country, debtor can be lucky to chase after you! I am not saying I am tolerating people should run away to their debt but some debtor do take advantage of people with who are in desperately in need of their help!

so hindi po totoo na kaya niya ako ipadeport? kasi po comelec po siya nagtratrabho so mdali lang daw sa kanya un

i need an advice po yung case ko sa pinas ko nahiram ung pera 20% interest nagissue po ako ng cheke puro blank chek po pirma lang tapos pumirma po akong trust receipt ang sabi ko po konting panahon pa dahil kakaaumpisa ko lang dito wor ko kaso ayaw ppo nila ipapadeport daw po ako