Estafa case

hi... gusto ko lang po humingi ng advice about sa estafa case...actually mom ko po ang may kaso. nagpatira po kasi ang mom and dad ko ng kumpare nila sa lupa namin since 1994. Nung 2003, kumuha c mom ng pera sa kanila worth P44,000 and may written ocument po sila stating na collateral yung lupa namin. na pag nagbayad ay aalis din sila. last year po ay nagbayad ang mom ko ng 10,000 but then kinasuhan parin siya ang estafa. but she willing to pay the 34,000 left pero ayaw ng tanggapin nung kumpare nila but instead gusto nila yung lupa. anu po ba ang magagawa namin about dito??? lumabas po kasi ang resolution na magpepenalty ang mom ko ng 18,000 para hindi lumabas ang warrant nya?? reasonable po ba yun?? wala po kasi akong idea about dito. please help me po. thanks!

Where did the resolution come from? Is there already a pending case of Estafa?

If your fact is true, there could be no estafa. It's purely civil in nature and trust me, if your mom is really able and willing to pay the remaining amount, you will not lose the land.

zulfikarl wrote:Where did the resolution come from? Is there already a pending case of Estafa?

from quezon city court sir and there is no pending case. pero sir nakalagay po kasi dun na may babayaran kami na 18k para hindi marelease ang warrant. anu po ba dapat gawin namin sir para ma counter yun??

[quote="wolverine"]If your fact is true, there could be no estafa. It's purely civil in nature and trust me, if your mom is really able and willing to pay the remaining amount, you will not lose the land.

ang nakalagay po kasi sa natanggap namin na resolution is estafa. kaya nag worry si mom! anu po ba susunod namin hakbang about dito?

@spicyallen

It could just be a bluff. It is highly irregular for the Fiscal to come up with a resolution of Estafa on a pure civil obligation. The best thing to do right now is you check it with the Fiscal that purportedly issued the resolution. If, indeed, there was such a resolution, how come your mom was not notified to submit a counter affidavit? By the way, the Fiscal do not issue warrants of arrest.

A warrant of arrest is only issued by the Judge after finding of probable cause. If a warrant is consequently issued, your mom can post a Bail for her temporary liberty.

If there was such a resolution, I suggest you talk to a private lawyer. Else, you can go to the Public Attorneys Office for legal assistance.

spicy, i think what you may have received is a resolution where the recommended bail is P18,000.00. you should go to the prosecutor's office to verify.

did you mom previously receive a subpoena from the prosecutor? did she file a counter-affidavit?

if it is a valid resolution, you should prepare to file bail asap else the warrant may be issued and your mother arrested. i recommend you retain legal counsel asap to prepare for her defense.

sir, nakausap na po namin yung public attorney bali nababaan po yung 18k into 10k dahil sa indigent. nag sampa po kami ng motion ngaun ok po ba yun???? sa tingin nyo po ba makukulong ang mom ko?? and sabi daw po ng attorney refundable yung sa bail matalo or manalo?? tama po ba yun?

spicy, your attorney is correct in all his actions and his answers. since your mom has an atty now, you should direct your questions to him. whether your mom will be convicted depends on the evidence of both parties. good luck to you.