estafa case

I want to ask legal advise regarding estafa case. I’m really bothered because my husband has been charge by estafa. The story is that his cousin ask my husband to sell his binlid worth 850,000. My husband has sold it for a 1 week term without check. After a week when my husband went to collect for the payment the entire warehouse is vacated already. My husband is willing to pay his cousin despite the fact that he did not collect the said amount. He issued 5 pcs of check; 4 checks amounting to 17,000 with a date that will mature monthly and another check worth 850,000 without a date. He told to his cousin that tha 17,000 will be the monthly interest and the 850,000 without date. He told his cousin to deposit it upon his confirmation that his account has already enough funds. Meanwhile just deposit the check amounting to 17,000 monthly. We are then surprise that we received a letter from his lawyer about the check that bounce amounting to 850,000. He put a date to the 850,000 and deposited it instead of the monthly 17,000.. To our surprise it was not his cousin who filed the complaint. It was another person, since the check is under the payee CASH. I was really bothered because by next week the subpoena will probably be release. We send them the payment scheme signed by lawyer but they still file the case. Please help me, enlighten me with the proper procedures. Is my husband will be put in jail? What are the actions that we can do? Please..please badly need your help.

what is a binlid?

what is the case being filed? bp22?

Binlid is a form of grains; a raw materials that can be use to produce beer. We didnt receive the subpoena yet but the complainant texted us and told us that they already file a estafa case. Im assuming that we will receive it by next week. so please..please..help me. Im really confuse. The complainant also told us that he has influence in their place. im really afraid.

i recommend that you retain a lawyer now to prepare your defense.

you will have to find out how the complainant got hold of the check. i don't believe a case of estafa will prosper if your lawyer is able to properly argue novation theory, aside from lack of malice.

the crim case is meant to coerce you into payment.

hi po!

I just wanted to ask din po kung mag iissue po ba agad ng warrant of arrest sa husband ko. Im really afraid..Ilang weeks na din po akong di nakakatulog.Subpoena po ba muna or warrant of arrest agad. The complainant also texted my husband that he will use his influence and we better watch he can do. And the complainant file the case in Isabela and we're here in Bulacan. The grains came from Isabela and sold here in Bulacan. Is there anyway that it can be transferred the case here in Bulacan? We are willing naman po to pay the amount what we are asking is enough time to recover from loss. How much po ba if ever ang magiging bail nun? Thank you po for taking time to my problem. I reaaly appreciate it po. God Bless!

Another thing po, according to the complainant he got the check through my husbands cousin whom my husband has the transaction. According to him it was really his money. My husbands cousin owe the money to him. And the payee on the face of the check is CASH. How can we prove that the transaction is between my husband and his cousin when there is no DELIVERY RECEIPT OR SALES INVOICE issued to my husband by his cousin.

who is this complainant?
is he the owner of the binlid?
your cousin paid him with your husband's check?
what is the cousin's relationship to the complainant?

what about the person your husband sold the binlid to?
where is he? did he disappear?
there should be a chance to trace where the bindlid went to.

no warrant of arrest will be immediately issued. the prosecutor has to finish all the proceedings, find your husband probably guilty, file the case in court, then if the judge agrees, he will issue the warrant of arrest.

i recommend that it is better to get a lawyer in isabela. you should appear at least once before the prosecutor. the complainant will allege that the incident happened in isabela so try to prove that it happened elsewhere. that way you have a basis to have the case transferred.

is the cousin now disappeared? his testimony is the proof of how the check was issued and transferred to the complainant. good luck.

hi po!

The complainant is a third person po. According to my husbands cousin he owes that person the money. We cant trace na po yun pinagdeliveran namin ng grains. The warehouse is already vacated. Para po sindikato yata yun nabentahan ng husband ko.
We havent receive any subpoena yet but we're really afraid na baka the next day is warrant of arrest na agad ang ibigay sa husband ko. May possibility po ba na ganun? We did answer naman their demand letter and we are not escaping naman po from liability.

Thanks po!

if a warrant is immediately issued, that would be highly irregular.

hi atty!

Thanks po for taking time on my queries. There are some who told us po kasi na warrant of arrest na daw po yun. Medyo narelieve po ako from worries. Last thing po atty yun mga ganung case po ba how long tumatagal yun case before magrender ng decision kung nagheahearing na. Saka after po ng decision nga ng court na isesettle na nga yung obligation, does they will require us to settle it in full or else my husband will be behind bars?
Sorry po for being so makulit..

while your husband may not necessarily be liable for estafa, note that a charge of bp22 against him may prosper.

the first stage in criminal procedure is preliminary investigation where a prosecutor determines whether a crime was probably committed and it was your husband who probably committed it. 3 mos is usually fast. only after can the case be filed in court.

it seems to me that it was your cousin who did something in bad faith here.

hi atty!

If the case will prosper mga how long it will take po yun mga hearing? Will it last for a year po? and if may decison na po ang court will they require us to settle the obligation in full on the day na nagdecide ang court or will they allow us to pay in staggard payment? Followup question lang po.

Thank you so much po!

prelim investigation normally takes 3-6 mos (or more). trial 1- 2 years. if you lose, you will be required to pay in full, staggered payments only if the plaintiff agrees.

Thank you so much po for all the insights. I will ask advise again if I already receive the subpoena. Hope po na you will not get tired of answering my queries.

Thanks po and more power. God bless!

hi Atty!

Im back po regarding dun sa estafa case na ininquire ko sa inyo. We already received the subpoena august 27, 2010 and the preliminary investigation written is august 27 and september 9, 2010. We cant be there ng august 27 since that day din namin nareceive and we are from bulacan and the prelim investigation is in isabela. Help me atty., what will i be expecting during preliminary investigation? and what will happen if we cant attend the august 27 since we received the subpoena the same day? Im really worried please advise me..thanks!

it's not unusual that the respondent will not be present on the first hearing, but you should contact the prosecutor's office in isabela and let them know what you intend to do.

did the summons include a copy of the complaint? if not you have to go there to acquire one. you should be preparing your counter-affidavit. you can try to ask the prosecutor for more time to prepare your affidavit, but it is always better to file pleadings on time.

Hi po! Is preliminary investigation same as the hearing. We already file a counter affidavit and I ask the lawyer if its okay that we will not attend the september 9 preliminary investigation for as long as they received our counter affidavit before the september 9, 2009 preliminary investigation. The scheduled preliminary investigation is august 27 and september 9, 2009. Is it the same as hearing? They filed estafa and bp22. And their claim is that the complainant and my husband has the transaction when in fact tha complainant is tha third person whom my husbands cousin endorse the check. Atty., can i have your opinion is my husband's case is for estafa or bp22? I badly needed ypur advise...

budz, now you mention that you have retained counsel, you really should discuss this with him. it will be unethical for us to comment further especially when he is in a better position to handle your case.

Actually atty., i dont think he will be our counsel because I dont think he will be willing to go to Isabela during hearing. Do you know someone from Isabela, sir?

Additional question po, how long will it take po yung preliminary investigation? And after po namin mareceive yung subpoena for the prelim investigation what are we expecting po ba to come after? Sabi po nun lawyer na natanungan namin na it was bp 22 lang daw po kaso yun nga po malakas po dun sa lugar yun complainat which is third party lang talaga. Wala din po kasi invoice or whatever document na mapoprove yung sale. The only evidence that they have is the check. At yung complaint letter nga po nila is nit true. Kasi nakalagay dun na customer biya yung husband ko at ang transaction is between them. E hindi nga po di ba kasi angb transaction is between my husband and his cousin na nirediscount po siguro kaya napunta sa kanya. But based on their story nawala na sa picture yung cousin. Parang directly ang transaction is between the complainant and my husband.

if he helped you prepare your counter affidavit, then he is your lawyer. you have to state he has been negligent or truly won't be your counsel anymore otherwise we can be charged of breach of legal ethics.

hi po, is it automatic that he will be handling our case? He didnt ask for any acceptance fee yet. And atty., what are we expecting after this subpoena for preliminary investigation? and how long it takes for this preliminary investigation?

how can i block?

how can i block this account

why are they accusing you? how did you happen to have the credit card?