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[Help Legal Opinion] Is there Estafa between common law partners?

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arden2603

arden2603
Arresto Mayor

This case involves an alleged estafa under Art. 315 of the RPC.

Accused X courted W and was living together for several months, they were planning their future, marriage and is planning on establishing a new business. W having the money gave X the necessary capital to start two business in their name. However, W after several months noticed that her jewelry were missing and she also discovered that her vault which only both of them only knows the password were opened and her passbook were missing. It was revealed that X withdrawn the amount in the passbook by forging the signature of W.

W filed a case for estafa against his common law partner X. However, it was dismissed in the prosecutors office since there was no damage in this case.

Is the prosecutor correct?
What is the appropriate action for this case?

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