UNPAID DEBT

i lent money to a woman friend last september 2010 with an agreement letter signed by her as the borrower, her husband and another person as witnesses.

after failing to pay on due date and during mediation at the barangay justice, the husband refuse to acknowledge the debt saying his signature on the agreement letter was not his ( forged? ) and the other witness can not be located ( fictitious as admitted later by the woman borrower )

i recall the borrower signing the agreement paper in my presence, but her husband and the other witness signatures were pre-signed when the transaction took place.

A Certification to File Action has been issued but i want to know if there is a criminal case i can file against the borrower and/or her husband?

failure to pay a debt is not a crime. if the amount is not more than 100k, you can file a small claims case at the MTC. rules on sc.judiciary.gov.ph.

thank you, but

can i not criminally sue her for :
1 deceiving me in the true intention of the money lent;
2. falsifying the agreement letter ( forged signature of
her husband and fictitious witness )
3. breaching the agreement
4. and/or the agreement signed at the barangay justice was
not acted

her failure to pay had caused me damages since part of the money lent to her were bank loaned and some money were from savings intended for my childrens education.

help !!!

yes, you can sue. that is why i point you to the rules on small claims if the amount is not more than 100k. if it's more and there's a barangay amicable settlement, you can ask the court if you can still file under the small claims rule to implement it.

i do not recommend a criminal case. you cannot compel the husband to testify against the wife, and he might just say that it is his signature because it has no bearing as a witness anyway.

I read Articles 315 ->318 of the Revised Penal Code to be applicable to my situation. Some aggravating circumstances clearly points ( as i understood ) to a criminal liability.

A civil case on the SCC and a criminal case on the local court might compel my lady friend to pay.

comments please...

the problem with your case is you are relying on the husband to affirm that the signature is not his. this is very unlikely.

no one can prevent you from filing for an estafa case and spending for the legal expenses, but it is another question whether it will prosper.

Are these circumstances valid ? will they merit a strong
criminal case ?

1. She convinced me to lend money to her for a specific
purpose which she did not do and could not prove, instead,
she later admitted, money was spent on personal/family
needs;
2. She made me believe that her husband knew of the
transaction, in which the husband later on denied any
knowledge;
3. The person whom she wrote down on the agreement paper as
her business partner was found out fictitious;
4. As a friend, the transaction was agreed to be done at
night in our house.

it will boil down to what evidence you can provide. i would file it under other deceits.

Assuming the civil and criminal case prospers and if found guilty,

1. will the defendant be obliged to pay back the money plus interest?

2. can the cost of litigation and other expenses (if any) be charged to her?

3. will she be imprisoned? for how long?

1) yes, if they have property to pay
2) yes,
3) probably not because directive is fine only, but if so, max 1 year

on you reply " 1) yes, if they have property to pay "

Can 'they' refer to the defendants' husband, parents, in-laws
or any next of kin?

Is it acceptable that 'they' undertake (make promissory notes on behalf of) the defendants obligations?

Can the defendants' legal rights to her husband, parents or in-laws assets & properties assume her obligations?

1) only property in the name of the defendant or spouse can be levied upon

2) only if voluntarily

3)only the spouse

just to confirm on items:

1) Only the husband is jointly liable to the defendants
obligations.

3) Only conjugal assets & properties may be be levied for
the defendants obligations.

just curious, why can't the defendants legal rights to her parents assets & properties be made answerable to her obligations?

Can any person voluntarily assuming for the defendants obligations and fails to comply be held accountable in a civil case?

because children don't have any ownership rights over properties of their parents unless they die.

yes, they can be held liable.