Is it possible that I will be charged of estafa?

I have a problem.

the money was not meant to be a loan, but given to your for administration. unauthorized use is considered abuse of confidence which results in estafa.

if i were your lawyer and there is an atual case, i would argue what you had was a loan and it is not a crime, much less swindling, if you are unable to pay for the loan. this is feasible if there is written evidence of an agreement.

obviously, this isn't just about the money. an agreement is purely based on the will of the parties. if you refuse to involve or name your new bf, then he can rightfully refuse to enter into the agreement. take it or leave it.

the best you can do is to keep negotiating.

police blotter does not result in automatic nbi report. i recommend that you resist any attempt for them to arrest you because it would be illegal.

So, the best way that I could do is to negotiate for the terms (agreement) so it could be feasible for me.

He told me that I have to pay or else go to jail. (magbayad daw ako ng utang o makulong ako). Atty. handa naman po akong magbayad, pero:

Anong mangyayari kung sakaling hindi sya pabor sa terms ng payment na kaya ko?

May rights pa din ba syang ipakulong ako?

Do I have the right to refuse if they force me to go to police for blotter?

Should the agreement that we will make be signed in front a lawyer?

no, he has no authority by himself to send you to jail, not even if he reports it to the police. you can certainly refuse to go to the precinct because the alleged estafa did not just occur and you can only be arrested with a warrant. threaten anyone who tries that you will file illegal arrest charges. do not accept invitations to be investigated.

all he can and should do is file his complaint affidavit with the prosecutor's office. process there takes at least 3 months (and that's super fast)

if you are able to reach an agreement, it is better to have it notarized.

Thanks Atty, that was quick.

Your advise is very helpful. Just in case I violated any of the agreement which I signed, but I have a logical reason why I did it, can he still pursue a criminal case?

Last question before we close this topic, they have plans of bringing me to the nearest barangay to incur a barangay record of our agreement so in case I violated any of the agreed terms, they have a way to pursue a estafa case against me or a police criminal blotter, is that possible?

Shall I go with them or is it better if we just notarized the agreement instead of having a barangay record? What are the pros and cons?

Thank you so much for your help.

what i would try to do if there is to be a written agreement is just to agree on the payment terms so that it will appear that a new obligation to pay a loan is replacing the previous one. this is called novation, and will be a defense against estafa later on.

I recommend that you retain legal counsel to at least help you draft and review this document.

Alright! you're the best attorney! You know anyone in Batangas that could best help me, could you refer a friend and one who relatively charge low fee (kidding)?

Maraming maraming salamat sa lahat ng tulong. God Bless this website and more power!

what i do for some clients is virtual lawyering. no meetings and appearances. send me a PM if you are interested.

i'm afraid I do not know anyone in your area.