estafa case against treasurer

Tanung ko lang po. Yung nanay ko po kasi treasurer siya ng isang cooperatiba, pero iba ang nagrerecord and iba rin ang nagpupurchase ng goods (softdrinks). Ngayon po pinipilit siyang magbayad ng cooperatiba na magbayad ng 140k+ dahil may nakuha daw po ang nanay kong pera sa kanila, for in fact ay ni isang kusing ay walang nakuha ang nanay ko. Ganito po kasi ang nangyari, kapag magpupurchase na po ng softdrinks and other goods at nagkulang yung pera ang ginagawa nung taong nagpupurchase ay nagaabono sya at ang ibang members pero hindi ito narerecord sa books at kapag may sales na ay binabayaran na rin agad yung nag abono pero wala din pong record.... So dahil wala pong record ng abono ng pera at pagbabayad ng inabono, apektado po ang books dahil nakarecord po doon ang sales. kung kulang ang cash at nag abono ibig sabihin sobra ang purchases at damay po doon ang sales at cash... paano po kaya madedepensahan ng nanay ko ang ganong sitwasyon kung mayroon n syang subpeona na estafa case. sana po ay mabigyan nyo kami ng advise regarding this matter. salamat po.

as treasurer, your mother had the responsibility to ensure proper accounting.

i believe your best recourse is to request an audit and reconciliation of the books so that you can prove that there were not enough funds during times of deliveries and they were subsequently reimbursed later, but were not properly recorded. you should do this as early as possible.

The 1st hearing will be on Oct 14, can we request it on court that the books should be audited again starting 2004? the auditor should have done a cash count right before signing the documents. yes my mother was the treasurer but she was not the one recording the everyday transactions. she was in charge to safe keep the money in our house. sales for the day were counted and listed, then these money is used for purchasing the next day. no money is left in the house except for coins. it is so sad, that this things are happening to my mom. Thank you very much for the advise.

if she is not the one recording transactions, then that can be part of her defense. try to reconcile how the supposed shortfalls were recorded and discovered versus the activities conducted by your mom, and if they don't jibe, then that can be additional defense.

Thank you very much for your advise and time... is there any counter actions we could file for those people who file cased against her? These case has caused my mother sleepless nights and even caused her too much stress that lead to so many illness.

perjury is the normal counter charge, but you have to show that they are lying. or falsification if someone doctored the books.

what if these people tells that the documents were already burned?... because when my mom was asking for the receipts and other supporting docs so that she could reconcile the boooks again, they cannot provide the purchase receipts and other docs needed, they only provided the books. how could my mom check the books without the receipts or supporting docs that's why she wasn't able to reconcile the books.

what if the auditor did not conduct a cash count, isn't it doubtful that they'll have too much cash on hand amounting to 100 000 plus and did not even bother to count the cash.

and to those people charging her and telling our neighbors that my mom used the money? what case can we charge them?

God knows the truth and I hope the court could justify this case. Thank you.

do you think that this case is really an ESTAFA case? I am really confused.

on its face, yes, the proper case is estafa through abuse of confidence. whether it will prosper depends on the evidence presented.

the only evidence they presented as of now is the ledger of the cash account, would that be enough?

i do not wish to comment on evidentiary matters without a clear picture of the evidence. just focus on your mom's defense.

pwede po b aq mkisali sa tanungan d2?kc my problema rin po aq kc nangutang din po aq sa mother ng friend q at ngsanla aq ng mga atm mdme po ang atm na bngay kc my mga pnpautang din kming ibng tao pro atm q lhat ang gngmit q ng-oopen aq sa bdo pro nung 2mgal po lagpas isang taon naubusan npo aq ng budget na pambayad..at ngaun kinausap q ung mother ng friend q na aq lhat may-ari ng atm at ngalit xa pro maauz nmn po ung pgbbyad nmin.pro ngaung inamin q pnpakiusapan q po xa na hulugan q nlng pro hnd po cla pmpyag at kakasuhan dw nila aq pwede po kaya aq makulong?pano po kya made2fense srli ko?pls help!slamat po!

lhovie, please do not use text spelling. failure to pay a debt is not a crime. they can only sue you for collection. is there a written agreement that you will pay interest? if not, the law will not allow her to claim interest but the principal should be paid.

thank u attorney sa reply nyo,nakagaan ng loob ko..totoo po ba na hindi ako makukulong dahil sa utang?ung total na po kc ung utang na pinirmahan ko kasama na interest pro ang pinapanakot nya po sa akin kakasuhan daw po nya ako dahil sa paggamit ko ng ibang pangalan pro atm ko naman lahat yung binigay ko pero sa tagal naman ng panahon maayos kong nahu2lugan ung atm ngaun lng po talaga nawalan kasi nawalan kami ng income ng asawa ko kaya inamin ko sa kanya na sa akin lahat ung inuutang..pwede nya po ba ipanlaban sa akin ung mga atm ko pag pinakita nya po ba sa korte yun maari nko makasuhan??pls response po,hndi na po kasi ako nakakatulog handa naman po nmin tlg bayaran yun ng paunit2 kaya lang ayaw pumayag e..slamat po!

attyLLL wrote:i do not wish to comment on evidentiary matters without a clear picture of the evidence. just focus on your mom's defense.

Thank you attorney. we will be having a meeting with our lawyer on saturday... i hope things will be ok.

at ngaun kinausap q ung mother ng friend q na aq lhat may-ari ng atm

i do not speak text, or refuse to do so. looking back at your post, did you mean you opened several atm accounts and made it appear there were different persons? please clarify.