theft OR ESTAFA

GOOD DAY PO!

MAY NAGAWA PO AKONG D MAGANDA SA EMPLOYER KO FEW MONTHS AGO AND HINDI KO PO NAISOLI UNG MGA ITEMS NA NASA CUSTODY KO AND ALM NILANG NA SA AKIN IYON PERO WALA AKONG PINIRMAHAN NA NARECEIVE KO PO YUNG MGA ITEM NA YON IT WORTH AROUND 100 THOUSAND.

ANO PO ANG KASONG PWEDE NILANG ISAMPA SA AKIN AT PWEDE BA AGAD AKONG ARESTUHIN KAHIT WALA AKONG NA RECEIVE NA SUBPOENA

HOPING FOR YOUR ADVICE..

THANKS PO

if anyone tries to arrest you without a warrant, you can validly resist and threaten them with a charge of illegal arrest.

failure to return items in your custody, to my mind, is estafa by abuse of confidence.

attyLLL wrote:if anyone tries to arrest you without a warrant, you can validly resist and threaten them with a charge of illegal arrest.

failure to return items in your custody, to my mind, is estafa by abuse of confidence.

THANKS ATTYLLL..

PWEDE PO BA NA WARRANT KAAGAD ANG MAISSUE SA AKIN.OR MERON PA PONG SUBPOENA MUNA?

SALAMAT PO

the proper procedure will be for the complainant to file their complaint at the prosecutor's office. you will be sent a subpoena and given a chance to answer the charge. only after preliminary investigation and a finding that you are probably guilty will a warrant be issued. good luck.

attyLLL wrote:the proper procedure will be for the complainant to file their complaint at the prosecutor's office. you will be sent a subpoena and given a chance to answer the charge. only after preliminary investigation and a finding that you are probably guilty will a warrant be issued. good luck.

kasi po attyLLL ngtxt sa akin ang employer ko sabi nadelay daw ang kaso kasi hindi ako pumupunta sa hearing e wala namn akong nareciv na subpoena..pano ko po malalaman.baka kasi sa iba naka adress pwede po ba yon..salamat po

Hello po. An estafa case was filed against my sister about 10 years ago for illegal recruitment which is not true po. We posted bail for her and that was it. She changed her residence and my question is, how long po ba standing ang estafa case. If it's already more than 10 years, will it go away kasi po mukhang wala naman na interes yung other party involved since it is such a small amount and they just filed it out of vengeance.

shop, what do your mean that was it? she jumped bail? that will not make the case go away. there may even be a warrant of arrest out for her.

What I mean po is after that, hindi na po siya ginulo ulit nung other party since they know very well it was not true and that other party had direct connections in the municipality of our place since they work there. So, after 10 years po wala na po kaming naririnig about it. She even goes home freely to our old place. We are kind of confused if an estafa case stands still after so many years. If so, is there anything we can do para po mawala yun?

She didn't exactly jump bail. After she was arrested and we placed a bail, wala na pong bumalik sa amin so we don't really know what happened there. And we didn't have a lawyer during that time.

Hi!
Just want to ask for your opinion regarding co-obligor, Last 3yrs ago I signed as a co-maker on sal loan, unfortunately, the principal was not able to pay his obligation, Last Friday I received a subpoena with a case of estafa because I am the co-obligor.How's a counter file work? should I nid a lawyer for that? should I really obliged to pay as a co-obligor the fact that the principal is still alive?

shopaholic, have a representative check out the status of the case. it may have been archived or dismissed provisionally. if the latter, and two years have passed, the dismissal will be deemed final.

wil, i don't believe that an estafa case is proper when a loan is not paid, unless there are facts which are not stated here. (such as there was deceit in taking the loan, or it is a trust receipt).

i recommend to you to actively participate in the preliminary investigation and submit your counter affidavit. it will be better if you have your own attorney or consult with the PAO if you cannot afford one.

on the other hand, a co-obligor is equally liable as the principal obligor if there is failure to pay.

Hi,

Based on my review on complainant affidavit he stated that there's a deceit on the part of borrower by giving him a wrong pin number. However, upon checking all docs from the court, last Sep 05, 2007 the principal borrower grant a loan of php30,000.00. Based on demand letter last Jan 04, 2010 the unpaid loan balance is php25,750.00, it means that from Sep 2007 the complainant was able to withdraw money from the account of the borrower. Can I submit for counter affidavit without the presence of my lawyer?

Another question, On the affidavit of the complainant submitted to the court he stated the word CONNIVANCE which is not acceptable to me and find it a wrong accusation that could damage my reputation. Can I file him for Libel case for that? thanks for ur time, God Bless.

Can someone be tried in absentia for a case of Estafa if he cannot be found in his old address?

wil, libel will not prosper because pleadings are priveleged. at the same time, that is a conclusion of law so perjury will not prosper either. just file your counter affidavit and criticize the allegation and present your own evidence that there is no conspiracy.

jhao, you will have to inquire with the company where the case is filed and verify yourself.