estafa case by employee

Hi Atty,

Good Day!

Gusto ko lang po sana itanong regarding estafa. my previouse employer charge me with estafa in which kasali ang pagkuha ko daw nga pera worth 4,000.00 and pag falsify ko po ng documents.Yung sa pera ala po akong alam dun, it was not me who is the charge for the collection it was my other co-workers but as per my co-workers she give to me daw na money even though wala.and beside wala din akong pinirmahan na na recieve ko nga yun money na yun. The singaporean owner keep on calling me then sasabihin niya na i will be in prison and that na lalabi na lang daw araw ko. Do i will be in prison with this one? Then this employer illegally terminated me without any valid reason. tapos di pa nila ako binayaran ng last commision ko,last salary ko and my 13th month. What should i do atty for this problem?i want to work already peacefully with my current employer but this ex boss keep on calling me even with my new employer landline number. nakaka disturbo na kasi siya sa mga tao dito.Hope I can hear po from you. worried lang ako baka i will be in prison for this one.

Salamat!

you or your lawyer can write to your previous employer stating that you deny ever receiving the money and challenge them to show their evidence that you have an existing obligation. it can be argued that the pestering calls can be considered the crime of unjust vexation. good luck.

to atty:

Thanks!atty...but can i asked them to pay for my last pay?i was illegally terminated by them then they are telling their atty that i resigned but actually they terminated be illegally. How about po the falsification of the documents?they told me to pay the amount that i falsify and that they will not seek for legal counsel but now they are telling me that its regardless. The amount of the documents is 3,000.00 only. It was a PO that i falsify I really dont know that falsifying of the documents can convict me.I will be in prison by this for 5-6 years?Thank You!

it is not a defense that you did not know that you could be imprisoned for falsifying a purchase order. it is wrong per se to commit an act of dishonesty in order to enrich yourself. nevertheless, they will have to prove that it was you who falsified the document.

i recommend that you retain a lawyer to help negotiate with the company and/or prepare for your defense if they actually file a complaint.

Thank you very much atty. I really thankful that somehow i got an idea how to do it. pasasalamat ako na meron ganito ngayun. free legal advice atleast we will be guided those who have no idea about law.salamat atty!

hi atty,

this time i received again a call from my ex employer saying that he will find a case against me for running into his clients. may case po bang ganun na ma charge sa akin kasi i was trying to won that clients. in which sabi ng clients they want us rather than my ex employer?diba po were in business world..may karapatan ba siyang sampahan ako ng kaso dahil nakuha ko clients niya?tapos sabi niya po sa akin mag send daw po siya ng mga letter sa lahat ng company in cebu stating that i stole his money?pwede ba yun kahit im not yet proven guilty?tanx!

for soliciting the clients, i don't think he has a case. but it may piss him off enough to file the criminal charges against you for the falsification.

if he sends those letters, you can file libel charges against him.

ok atty thanks for the information..it help me a lot..i was enlightened by your words..more power to you and god bless you and your family..

hi atty,

good day!

the case regarding estafa was already file in the court. anu po gagawin ko after nila e file?anu po procedure nito?di ko po alam kung anu gagawin ko. first po kasi to nangyari sa akin. file nilang case po sa akin is yung pinagbintangan nla akong kumuha sa 4,000.00 na sales sa branch namin. anu po act gagawin ko?they charge it against me even thought its not me who signed the OR and its not me who issue the OR.

Thanks!

Hi, atty.

Meron pong nanghiram sa akin ng pera pero nawala ko ang receipt or note stipulating agreements regarding the borrowed money. I also sent him demand letter, unfortunately, he was not able to receive it kc, he could no longer be found or baka nagtatago lang.The borrower is a barangay chairman. What are the legal remedies in order that I can take back my money? Can I file him estafa, how?

rhunz, you have to start preparing your defense. you can use the fact that the OR was not signed by you. did your co-worker who says she gave you the money file an affidavit also? you can consider filing perjury against her and to include her in the estafa complaint.

faisal, have you tried visiting the bgy where he is supposed to be the chairman? is he still the current chairman? if he is, you can use the council's address. just make sure your envelope is marked private and confidential and addressed only to the bgy chairman.

do you have any other proof that you handed over the money? if you file a case, you will have to prove this somehow.

atty,

i dont know if she file an affidavit but i guess she doesn't coz she is part of the estafa case coz she is the one who issued the OR she just claiming that she give to me the money. I already prepare my defense.even some docs that can prove my innocent. I already prepared my counter affidavit also for response. so that by the time i will received the subpoena i will already have to go to the PAO show the subpoena and show the counter affidavit i made for my defense.

Another question atty:how many days could the case be approved by the fiscal?Di ba po their still preliminary investigation?coz my ex employer told me that they will release warrant of arrest for me.is it true?di ba we need to under go a certain process which is the preliminary investigation?

Thanks!

preliminary investigation normally takes about 3 months. use your opportunity to file a rejoinder after they answer your counter. good luck.

hi atty,

Good Day!

Til now i didnt receive it subpoena for the estafa.

I have another question,sabi kasi ng kakilala ko sa dati kong employer pupunta daw ang isang representative nila dito sa cebu to check all the stocks. baka kasi e charge nila sa akin if may nawala dun kahit wala akong alam dahil ako yung last umalis..possible ba yun?it was 4 months since i left them. tapos isa pa walang ganyan na pag audit sa stocks sa other staff who resigned mga 5 ang nag resign before ako..pwede ba ma charge sa akin yun?tanx!

they can certainly try to charge you, but whether it will prosper depends on the evidence they will provide to show that you are liable.

Hi Atty!

Good Day..

Regarding my case it prosper..I heard they have already release warrant for me..I wonder why i didn't receive any subpoena..why it happen that they released me with that warrant?atty help me what to do this time..warrant was already been release..how can i defend myself this time?what to do to clean up my name?

Thanks!

Rhunz

gud morning atty.

puede po bang i clarify what is the difference between NO BAIL REQUIRED AND NO BAIL RECOMMENDED. KUNG NO BAIL REQUIRED PO BA ANG IBIG SABIHIN WALANG WARRANT OF ARREST. THANKS

rhunz, my recommended defense is already in the past pages. try to find out where they filed the case and what court it was assigned to. you should file bail and within 5 days a motion to reinvestigate because you were not given an opportunity to file a counter affidavit. my guess is that they used a wrong address.

bigbai, it means that there is no warrant of arrest and bail is not required. but if you do not appear at your hearing, then a warrant will be issued.

atty,

how much is the bail for estafa (amount Php 4,000.00)?

Thanks!

4000 is the amount complained of?

yes atty its 4000 only..it is the amount issued by my officemate thru the Official Receipt of the company (my ex employer).

bail is P6,000

Good pm..


Atty, ask ko lang po sana regarding sa estafa through falsification, 10k po ung amount.last feb. 2 nakatanggap po ako ng subpoena stating the case. dati po akong adminstrator sa isang condo, and my main responsibility is to collect arrears and overdue accounts, after1 1/2 yr I resigned because wala po kaming benefits doon, then aftr 6 months nakatanggap po ako ng subpoena na my case po againts me, during the first hearing " no show" po ang complainant, so advice po ng fiscal, pagusapan na lang daw namin outside the court, nung di nag show ung complainant. Im willing to pay for the amount just to be peaceful na, kaya i decide to talk to him (complainant) para ma settle na namin amicably. kaso lang ung hinihingi nyang kapalit is magwitness ako againts sa vice president namin, for him to back off the case, but i dont want na makisawsaw pa dun coz im only 19 when i worked sa office nila. twice na po di nag show ung complainant, ask ko lang po if bailable po ang ganung case and how much if ever,, estimated cost .. thank ..

thank you! please help me..

ask ko po if ever ,
1) makukulong po ba ko pag napatunayan na may sala ako , how long?
2.) pag nag bail po ba ako, permanent na un ?
3.) magkano po ba ang bail if amounting sa 10k ung case ?


thanks