LARGE SCALE ESTAFA

Ask ko lang po, kasi meron kaming paluwagan worth Php 22,500.00 each pero sadly po two of us sa group eh hindi na nakasahod and yung humahawak ng paluwagan is nagtago na po.. Yung paluwagan po, consist of 3 groups meron pa po sa ibang grupo na hindi nakukumpleto ang sahod and meron pa rin pong hindi sumasahod. Ang aming evidence lang po is an index card with her signature na na receive nya yung payment namin during that day. Ask ko po if puede po yun sa large scale estafa dahil marami nman kami, and ask ko lang po if possible na meron ba kaming case sa ganitong situation. Thanks po

if you can prove that she has appropriated the money for herself, I think the more proper charge will be just estafa through abuse of confidence.

by 3 parties, i think you may be referring to economic sabotage in illegal recruitment.

we didnt know po saan napunta yung pera. Tapos po meron din po kaming ksama na 100k po ang nakuha sa kanya. Eh diba po pag large scale estafa eh no bail? pro pag estafa lang bailable? paano po ba i di differentiate yun dalawang yun?

we plan po kasi sana na sama sama kaming magsampa ng kaso. MOre than 20 na po kami, iba ibang amount ang nakuha sa amin.

i can't find the PD where there large scale is defined.

just file your complaint and let the fiscal determine what charges to file.

I entrusted my cash Php224,500 when I was still in Kazakhstan to someone whom I personally knew because expatriates are not allowed to open a bank account in this country, I don't have active personal bank account in Philippines and to avoid money laundering. But when I went back in Philippines for vacation she hide, run away and intentionally cut our communication. We don't have any Contract Agreement, I got all remittance receipts. Portion of it is supposed to be for her Educational Support but her parents cannot provide any enrollment papers to satisfy my doubt that she really is studying.
Can I sue her for a Lawsuit called ESTAFA?

macoy, is there a romantic relationship involved here? are you a filipino? it may be difficult to prove estafa if you don't have any documentary evidence of what her obligation is. no emails? how do you communicate with her?

I am a Filipino, we don't have romantic relationship - if there is what will be the scenario any way? Is there any Legal Intervention for this? Okay I agree that it could be difficult to file a Lawsuit for ESTAFA but it might be a Qualified Theft, I got all the remittance receipts, I made my Complainant's Statement, I made request for Arbitration in the Brgy. Hall under the Jurisdiction where she is presently residing, and I even made a Request for Restraining Order because I received a Grave Threat and verbal abuse from her brother-in-law, the only paper that I've been waiting is the Special Power of Attorney that was along the way from Moscow Philippine Embassy where it is Authenticated so that my Attorney-In-Fact could move on to his actions. Is it advisable to file a Complain Letter, Sworn Statement and together with a confirmation letters from my witnesses in the Police Precinct at the same time file a complain on the Municipal Prosecutor's Office under her resident's Jurisdiction? Can my Representative do this without Special Power of Attorney?

By the way, I should have to answer your other question. We communicated via mobile phone SMS but she intentionally cut communication when I went back here in Kazakhstan last July; I demand to recover my cash because the cash that I sent was not spent for the intended purposed which is the Educational Support but the reply that I received was a verbal abuse from her brother-in-law. Can I recover my cash? Is there any criminal lawsuit in this situation? Do I have a strong grounds to proceed chasing? What are the possible defense that the defendant can cover herself? Thank you!

is your attorney in fact a lawyer? if he is, you really should direct your question to him.

a romantic relationship would have been relevant to explain (or what she would us to defend herself) why you were sending money to her.

to initiate a criminal case, you can prepare your complaint affidavit and have it notarized at the phil consulate or embassy. but prior to that, you should send her a demand letter if you haven't already.

if a civil case for collection, then your atty in fact can represent you.

either way, you will have to personally appear in court to testify.

what did she say at the bgy in her defense? did she even appear?

My Attorney-In-Fact (AIF) is not a Lawyer he's my Representative to Collect, to file Lawsuit and to initiate appearance in my behalf, the Special Power of Attorney (SPA) was being authorized in his name and still along the way from Moscow Phil. Embassy for Authentication. That's a good news she denied any romantic relationship between us so therefore there is no relevant defense that she could cover up for her part. The Demand Letter was already sent last Sept 27, 2010 Monday to her present residence, I'm just waiting for the POD (Proof-Of-Delivery). Can my AIF could notarized the Complainant Statement in Philippines providing the SPA? The Arbitration Request was not yet presented to the Brgy.Hall because my SPA is not yet ready that's why she didn't appear yet before the Brgy. Capt. If she refuses to appear is there any chance of default or granting the Creditor's Judgment to me even in front of this smaller Brgy. Authority?

your aif can sign on your behalf for a civil case, but not a criminal case.

bgy conciliation is only for settlement. the lupon has no power to decide who is guilty but will only try to get the parties to settle.

If it is only a Civil Case of Collection of Sum amount of cash with damages but then the Defendant is Insolvent, is there a chance that I could apply for a Seizure to take her personal property or her parent's property with the equivalent amount against the money she owe? Where is the right Government Offices will I approach for this matter? What human rights restriction would interfere if this situation will occur in the future? Can I take everything from them right away even if they lose there means of basic needs, shelter, transportation or home appliances?

if she is insolvent, then sorry, that's it. you cannot get from her parent's or relative's property. you can only execute once the judgment is final and only the court sheriff can do it.

Attorney, good news - eventually Brgy. Conciliation happened last Nov 10, 2010 Wednesday, the respondent admit that she received all those cash. But her affirmative defense was, I am the one who insist forcefully that I should entrusted my cash to her. Is this a strong ground of defense? Assuming that she will state this in her counter-affidavit or in-front of the courtroom during cross-examination. If I did forced her, is this understood that she has the authority to consume it without notice or this is still a violation of law?

there is jurisprudence that states that statements made in mediation proceedings are inadmissible. it will be good if she admits it in her counter affidavit. it will then be up to you to prove why it was given to her and that she abused your confidence.

hi there id like also to post my problem about estafa

we bought a car for 500k and after 4 months we have known that it was encumbered in a financing company.the agent is a closed friend.the seller said that he cant give the original or and or during our payment to him because he said that the process of cancellation of the car we bought (innova) is not finished yet.
right now, the company will get the car from us..and we cant do anything about it.

my question is: is it ok for him to bail despite the big amount that he was able to get from us.we have dead of sale.

we are just afraid that we cant win the case if he will bail all the time.

we are waiting for the resolution anytime.he did not answer to the subpeona that was sent to him.

thank u in advance to the people who will be concerned about this.

were you given copies of the CR? there was no annotation of the chattel mortgage? does your deed of sale say anything about the mortgage?

because the agent is a trusted friend, we believed him that he saw the original CR/OR.When we went to the financing company, they said that in all their transactions it took them 2 months to put the "uencumbered word in the original CR.

Whta the seller gave us are the photocopies of both cr and or.the car before has a franchise in iloilo." HE USED IT as a service vehicle for tourists from iloilo to boracay.

so this seller promised us that the franchise of the car is currently in the process of cancelation

i don't agree that is estafa, but you are entitled to refund.