Need Help for estafa case

I need help regarding a crimial case estafa that I filed against a neighbor of mine.
She asked a favor of connecting a water hose from my shop to her house while she is taking care of her water disconnection. This happened year 2008. Since I don't live in my shop, and my workers are her brother, daughter and nephew she gets access of the SOA delivered by Maynilad.
For the first 3 months she told me we have a billing of 5,000 pesos and since I agreed we pay half of the bill each, she asked me for 2.5K as payment for the SOA that she will remit to Maynilad w/o showing me any SOA or receipts after payment was made. Since I trusted her because she is a family friend, neighbor and a kagawad I didnt ask for any receipts etc.
Until there came a time I learned from her brother that we have an outstanding account of 30K w/ Maynilad. So I talked to her and asked for the SOA and receipts but she said the receipts is w/ a person she knew from Maynilad because she was trying to fix my status to change from commercial to residential. Since this will be favorable to me I agreed and just kept silent. Believing also that she is doing this for my benefit. From then on she no longer asked money from me as payment, thinking that the case is in process that is why no bill is being sent.
Then came 2009 when she told me that my water connection is disconnected at the office of Maynilad but was assured my water will not be cut off. That is what they have agreed upon by the person she knew from Maynilad. True enough water is continuos.
Until I discovered January 2010 fortunately the SOA was delivered at my shop and I was present at that time I saw that I have an outstanding balance of 100K plus. Again I talked to my neighbor immediately regarding this and she said she will take care of it. So I gave her time.
Until June 2010 a personnel from Maynilad went to my shop to disconnect my water. Hurriedly I went to my neighbor regarding this. But I also went to Maynilad to ask for time. There I found out that not even 1 payment was made since she connected to my water, even though I have given her already a total amount of 7.5K for the 3 months she asked money from me as payment for our SOA.
Again I talked to her and asked her what is the best thing we can do. After a little discussion we had an agreement that she will take care of our problem with Maynilad. After that I told her to sign an agreement regarding what we have talked about but she strongly refused to sign.
This then forced me to file a case against her at our brgy. Until the time I got hold of Certificate to file action in court.
Now, I have asked the assistance of 2 attorneys. First is the one who made my Complaint Affidavit and second is the atty who made my reply to the counter affidavit of the accused because the first atty gave birth and she can no longer help me in making my reply.
According to the second atty. there was several mistakes on the Complaint Affidavit filed. It should be filed as a Civil case not Criminal. Her reasons is that there was no sufficient evidence of the case. There was no contract/agreement signed by both parties, there was no demand letter sent and not enough witnesses to testify for me. The first atty also asked for the full payment of our outstanding account with Maynilad plus damages. Balance with Maynilad is 155K, business permit money given in trust 7K, plus damages 100k, plus exemplary damages 100K, plus atty’s fee which totaled to 400K plus.
Reason for lack of evidence is, I gave money in trust no receipts was given or any statement of account shown. I have witness who saw me giving money to her in trust and I even sometimes give the money to her brother, nephew and daughter who in turn gave it to her. Since they are all relatives I cannot get hold of them to witness for me.
The only evidence I have is the SOA I got from Maynilad, pictures of her hose attached to my shop going to her house, my cousin, mother and tenants and a kumare of mine who are present during the time I talked to her regarding our problem with Maynilad, together with have talked also about my other concern because she also takes care of my business permit which she received the payment but did not remit to the business permit section of Manila cityhall. She has been filling my permit since 2008 and all is okay but unfortunately this 2010 she was not able to give me my permit. Every time I would ask her she has many reasons. Since I already have doubts I went to Manila Cityhall business permit section and found out that there is no problem with my permit the only reason it was not released is that no payment is made, even though I have already given a total of 7K plus for payment of the permit to the accused.
The second atty told me that the case is not strong enough and might be dismissed. She adviced me to file a civil case.
If I file a civil case will my criminal case be still effective. will it not be disregarded?
Do you think with the story told what are the chances for my case to push thru and not be dismissed?
What other legal actions can I do?
When is the right time for me to file a civil case? My petition is now awaiting for resolution. Probably it will be out by next year Jan or Feb.
If in case my petition is dismissed can I still file a civil case against the accused?
Since I have agreed to pay half of the bill my second atty told me that if I file a civil case I can only ask for half of 155K. If this is the case can this be filed at small court?
Can I file a case against her at the Ombudsman, since she is a kagawad? She is not a good example, and evil must be stopped… I got hold of some of her civil cases and other anomalities. I was even able to talked to people she deceived by her evil doings. She is well versed to this kind of thing, a professional deceiver!
Hoping and Awaiting for your advise on this matter. Thank you

i don't like second guessing (aside from it being unethical) other attorneys who have better grasp of the facts, unless you feel and tell us that your current lawyer has been negligent.

your civil case can wait and can be instituted later on. i believe your case for estafa has a chance as to the aspect of the P7k for the water bill, but ultimately it depends on how the evidence was presented and how the prosecutor appreciated it.

what i don't understand is how it is possible to rack up 155k in water bill.

I really don't know din po kung sino sa atty ko po ang naging negligent of the case. But Im grateful for your reply.

Ung Bill po lumaki ng 155K kasi nga po the accused has a kakilala sa loob ng Maynilad. and everytime may problem mag arise w/o my knowledge kinakausap niya ung taga Maynilad na engr. na kilala niya para hindi maputulan ng water and para din po siguro hindi ko madiscover na may problem na pala. Statements of Accounts are tinatago niya sa akin. everytime po na mareceive ng tauhan ko na kamag anak niya dinederetso na ung bill sa accused.

ako naman po dahil sa sinabi niya before na may kakilala siya from Maynilad na ang gagawin nila is puputulin ang acct ko sa offc nila pero sa site tuloy pa din ang water
naisip ko na wala ng bill na dumadating.

nagulat na nga lang po ako ng Jan 2010 may dumating pa na bill amounting to more than 100K na.

I know naman po Im at fault din po kasi nagtrust ako ng husto, naniwala sa mga kwento ng accused at walang ginawang action sa umpisa pa lang.

thanks po

sir magandang araw po tanung kolang po kung anu po ba minimum ng ESTAFA para po makasuhan ka..? may friend po kasi ako na may kaso na ESTAFA amount po 16k po. Gusto ko lang po malaman kung anu po yung minimum amount para makasuhan ka ng ESTAFA....thanks in advance po..

there is really no minimum to be charged with estafa

Good pm. Follow up question ko lang po regarding sa estafe case na file ko. you said only 15K ang pwede ma approve sa estafe case na file ko. question po is aside from the 15K meron din po ba akong damages na pwede makuha sa accused.thanks

If i will file a case po sa small claims court meron po bang time limit sa pag file nito. still awaiting po kasi ng resolution sa estafa case na file ko sa accused. pag naging negative po result i plan to file it sa small claims court. ang baranggay cert to file action in court po is last June 2010 pa. thanks

it's for the 7.5k which she didn't remit to water company where the estafa lies.

note though that small claims will only allow up to P100k. you will have to let go of the rest.

so 7.5K lang po pala talaga lahat ang ibabalik niya sa akin if ever, no damages?
okay na din po siguro na i let go ko na un rest ng amount. anyway dapat naman talaga is hati kami sa bayarin sa water.
so kahit gaano na katagal po pwede ko pa din ifile ung case sa small claims court? kasi sa civil case it will take years. pero sa small claims i heard mas mabilis.thanks

no, what i am saying is that estafa case can prosper only for the part of the 7.5k. you can settle for a higher amount or initiate another case for collection of the rest.

may kaibigan po ako, nangutang xa sken nung august ng 70thou 4% interest weekly un ang offer nya kaya sinubukan ko, tutal taga dito naman siya smen at matagal ko ng kaibigan, every week ang bayad nya ng interest bale 2800 weekly ang bnibgay nya sken, nagdagdag xa ng utang na 70k kinukulang daw kse xa ng pondo pambyahe ng gasolina, pinautang ko ulit xa, bale 5600 weekly ang inaabot nya bilang interes. wala po kmeng kontrata puro verball lang since matagal n kme magkakilala at may tiwala ako sa kanya, umabot sa halagang 550k ang utang nya ang pangako nya ay ibabalik nya by december 2010 hintay lang nya ung approval ng loan nya sa bdo. bale 22k weekly na ang binabayaran nya sken, lagi nya binibgay un, minsan nadedelay ng araw pero binibigay pa din.. last october bigla di xa nakapagbigay, ung sinusuplayan daw kse nyta ng gasolina e tumalbog ung cheque, kya wala din xa maiabot sken, again nangutang xa ng 230thou para naman daw akabawi xa dun sa naipit nya na pera dun sa isang sinusuplayan nya. Nahihirapan daw kse xa dahil nga tumalbog cheque nung kliyente nya e, so ayun naniwala ako dahil nga un din ang lam ko na negosyo ng family nya. pinautang ko xa ung 230thou is without interest un kse nangako xa na ibabalik din nya pagkaclear ng cheque sa pagdedeliveran nya. dumating na ang isang linggo, ndi na naman xa nakahulog naipambyahe daw kse nya ulit... etc. Umabot ang december, mejo nagigipit na din ako kaya kinausap ko na xa kung kelan ko ba talaga makukuha? sbe end of december daw, ung tito daw nya ang kukuha ng gasolinahan nung client na may tumalbog na cheque, e di naniwala pa din ako.. inissuehan nya ako ng cheque para dun sa huling inutang nya ng walang interes ung 230khanggang sa tumawag sken ung kapatid nya hinahanap sken ung kaibigan ko ndi pa daw umuuwi 2 araw na. Sbe ko ang huling usap namen ay iyong tungkol sa utang nya sken, nung sinabi ko sa kapatid nya nagulat kse ndi naman daw nagbibiyahe ng gasolina c reyan, ung isang kapatid lang daw nya ang may hawak nun.. nagulat din ako. di ko akalain na lolokohin ako ng kaibigan ko, tumawag sken ang momi nya at nakipagkita sken.. it turns out na ung pera ay ginamit nya pangfinance sa casino, at natakbuhan xa nung kapartner nya na mnagfififnance din.. wala akong alam na ganun ang ginawa nya. ang sbe ng momi nya ay di nila tatalikuran ang obligasyon nila sken.. anu po ang habol ko sa ganito? kulang po ang cheque na naissue sken, wala po kme contrata na may utang xa, pero sa text message at paguusap namin ng momi nya aminado naman cla sa kasalanan ng anak nila. pls help kung anu dapat ko gawin.

technically, he can claim that interest was not payable because there is no written agreement on agreement. therefore he is entitled to deduct all interest payments from the principal.

i recommend you first try to get an acknowledgment of the debt from him and the family and a payment schedule to settle the obligation. get the parents to guarantee the debt.

do i understand that he issued a check to you? you can deposit and when it bounces, you can file a bp22 case.

yes he issued the check amounting to 230thou pesos only. tumalbog na po un, nakipagusap na po ako sa parents nya and they told me na ndi po nila tatalikuran ung utang nga anak nila. Pero it's been two months di pa din nagagawan ng paraan. gusto po nila bayaran ung amount na covered lang nung tumalbog na cheque. Ung ibang utang daw sa susunod na lang pagusapan. Gusto ko po sana magkaroon kme contract or promisorry note para mabayaran nila ung whole principal amount po. Pero nung cnabi ko un sa mommy nya bigla di n nagreply at ung amount lang ng tumalbog na cheque ang gusto nila bayaran

the total principal amount po is 780thousand pero ung may cheque lang na 230thou ang gusto nila isettle cguro kasi un lang ung may proof ako.. panu ko po kaya sa kanila ipapasettle ung remaining? may laban po ba ako? sa text messages po kse inaadmit naman nila na may utanc cla, pero di naman po ata valid na proof ang text messages.

how much did you receive in interest payments?

what i would do is to send a notice of dishonor and file bp 22 charges. and settle only if they pay the entire amount.

Hello again. Question po ulit ako regarding sa estafa case filed ko po. you said my estafa case can prosper only for the part of the 7.5k. I can settle for a higher amount or initiate another case for collection of the rest. ask ko lang po ano case po ang pwde ko pa initiate sa accused to settle for a higher amount po?
thanks

from july 2010 the total interest i have received was 110k he didin't pay the interest from october 25 up to present.. and they don't want to communicate with me either when i told them na they need to sign a promisorry note for the remaining balance.. thanks so much. i guess i have no choice but to really file the case against them.. many thanks for your advice. it was a big help

stanve, the rest can be collected through a civil case. or don't settle regarding the estafa case unless she pays all the damages. have you filed a case?

sir/madam

ito naman po ay para sa aking kaibigan... ito ang kanyang salaysay... sya po ay nag ahente ng sasakyan at yung kanyang binentahan ay nabangga at nagtanong kung saan magandang magpaayos ng sasakyan... ang aking kaibigan ay may kaibigan na may talyer... subalit ang aking kaibigan ay magaling namang mag-ayos or magpaganda o mag design ng sasakyan, sila po ay may verbal na kasunduan nung kanyang binentahan ng sasakyan at ng kaibigan nyang may talyer... ang kanilang estimate na magagastos ay Php300,000 MAXIMUM(halaga papinta at pagpapaayos ng nabanggang sasakyan)at aabot ng 3 buwan na gagawin. subalit ng umabot ng ika 3 na buwan ay hindi pa nila natapos sa kadahilanang kinulang sa pondo kasi Php240,000 palang ang naibibigay sa kanya subalit malapit ng matapos at nasa final stage na ng gagawin pero sya po ay kinasuhan ng estafa at kinuha or binawi sa kanya ung pinapagawang sasakyan na sana final stage na ng gagawin kumbaga finishing touch nalang... binigyan po sya ng condition sa isa uli ung 240,000 o kakasuhan sya... syempre wala na po syang maisasauli kasi ginawa nya nga yung sasakyan...ngayon sya po ay kinasuhan ng estafa. ano daw po ang kanyang magandang gawin?

he should prepare his defense. if this is in the prosecutor's office he should submit a counter affidavit showing that there was a contract to repair a car and he had actually finished as much as he was paid. he has a right to retain the car until it is fully paid.