qualified theft

seek lang po sana ko ng advice regarding with my case..my previous company filed qualified theft and estafa against me.7 mos na kong separated sa company.before i left i was asked to make a letter of admissionsa nagawa ko..out of confusion sumulat ako and inamin ang pagkakamali ko with their assurance na baka mapagaan ang case ko and so i also made a promisory note after ng counselling with company's directors.they allowed me to make a payment every month,provided the company's acct in wc i could deposit my payment.after 6 mos,nakarecieve po ako ng subphoena..we tried requesting for settlement.yung perang involve was P80,000 plus P6000.nakapagbayad n din ako ng P24,000 sa knila.nabigla lng po ako at nagfile p rin cla ng case against me.and ang settlement price daw is P310,000 wc is sobrang di ko po kayang maibigay aside frm nirerequire ito na cash..makatarungan po ba yung price na hinihingi nila sa kin?nasa court n po ngyon ang kaso di pa lng nagnonotify for schedule of hearing..may magagawa pa po ba ako dto?ang akin lng nmn bakit p nila inallow na magbayad ako before kung sasampahan din pala ko ng kaso,although wala kming written agreement about that, i have all the deposit slips and the mere fact na they've provided the acct number is patunay na pumayag cla diba..magkano po kaya ang bail for my case?i knew its 27 counts of qual.theft with letter of admission..makukulong po ba talaga ko since di ko kaya hinihingi nila?and ilang taon po yun kung saksasakali??salamat po..i really need your advice..im just 27 and i really dont know what to do rigt now..

pasensya na, malaki ang chances na makukulong ka, ito ay kahit na may 24k ka na nababayaran, evidence pa nga yan nang admission of guilt, try mo nalang pababain ang settlement niyo, un nga lang sabi mo nasa court na ang case, this time kelangan na nang court approval pg-iwiwithdraw un case against you. or try mo mkipg-plea bargaining, para mababaan un criminal charge sayo, para pwde pa sa probation
kung sakasakali d maapprove un withdrawal nang case. or kung di mo naman talaga gnwa ang pagnanakaw, laban ka dahil inosente ka. try mo din mghanap nang abogado masmaganda kung personal consultation, sa public attorneys office libre kung mahirap ka.

shai, tell us about what you supposedly did. why is it that the first amount is P24k then suddenly it is P310k.

are you in preliminary investigation at the prosecutor or in court?

what is written on this document you signed? did you admit specific acts or that generally you are just liable for the P24k.

do not lose hope. many things can happen during litigation.

attyLLL wrote:shai, tell us about what you supposedly did. why is it that the first amount is P24k then suddenly it is P310k.

are you in preliminary investigation at the prosecutor or in court?

what is written on this document you signed? did you admit specific acts or that generally you are just liable for the P24k.

do not lose hope. many things can happen during litigation.

atty,ginamit kopo yung branch fund ng company nmin before..nag accrue na po and the total was P80k.nung nag emergency audit nakita yun..and that time pinaamin na ko..umamin naman po ako and sa kalituhan ko rin po nuon,nung sinabi na gumawa akong letter of admission para daw makita rin yung explanation ko at mapagaan,gumawa ako ng letter admitting what i did and why i did it..and during counselling na po with company directors,naitanong din sa kin kung ano kaya ko i offer para sa nagawa kong mali..i offered paying back the total amt kahit installment lang,gumawa po ako ng promisory note na nagsasaad na nakahanda akong ibalik ang amt kahit sa hulugan na paraan lng.as of now po may resolution n daw frm prosecutor yung case and pinapahanda n lng ako pag may WOA na na maiissue sa kin.yung P310 po is yung amt na dinidemand ng company for settlement,kasama daw po interest and danyos.pano n po ba gagawin ko,di ko na po alam gagawin ko sa ngayon..

how do you access the branch fund? do you fill up some kind of report to cover it up? or fill up a request to access it? why 27 counts? what is the proof that you accessed the fund 27 times?

did you file a counter affidavit?

you should follow up the status of the resolution. do it regularly so you can be ready when the warrant of arrest is issued.

atty, before we have the logbooks upon retrievalof funds sa mga machines..opo,na palsify ko po yun for27 times and yun po ang proof ng company against me since na audit na.nag follow up naman po ako ng resolution until now.kaso for approval pa rin daw po.as of now di ko na po malaman kung ano pa pwede ko gawin.lalo na po at wala nmn kaming kakayahan na kumuha ng private atty.malaki po ba nag difference kapag may private atty kami kesa sa PAO lng?ano pa po ba maiaadvise nyo sa kin na pwede ko po gawin..ayoko po sana makulong ako lng din po inaasahan ng mga magulang ko.tnx po

Hi Atty,

Greetings!

My wife received a notice from the office of the city prosecutor last week for the Estafa case filed by the vendee who assumed the vehicle she sold last year. But beforehand, there were document made the "Deed of Sale" but latter it was amended to the Deed of Confirmation of Sale with Assumption of Mortgage upon suggestion of the vendee. However, vendee refused to return the previous document for the reason it was lost and/or misplaced and instead he told my wife not to mind it.

Further, he never gave also a copy of the amended document after he signed it.

To make the story short, they continued their transaction and the said vendee issued a check amounting to 150k as 50% refund of my wife’s downpayment from the dealer. Another check prepared by the vendee amounting to 650k to be paid to the financing company as my wife’s remaining obligation. My wife trusted him so much for his word that he will be taking care the deposit of the said check to the account given by the financing company. One month later, my wife got a phone call from the vendee that the car was foreclosed by the financing company.

Our problem comes very disgusted; the vendee filed already a cased to the prosecutor's office for the Estafa and claiming back the amount of 800k as damages using the 1st document "Deed of Sale" which should not be while there were another document.

In this regard, do my wife proven guilt when she prosecuted if she can't provide a copy of the amendment Deed of Sale? Please help me and share your free legal opinion for our relief of this hassles problem tackled now.

Thank you and waiting for your soonest response.


Mel Jackson

shai, i would have made the additional argument that the proper charge is falsification, not qualified theft because you falsified a report in order to get the money. falsification carries a far lower penalty.

seems like the time for arguing is over if you're waiting for a resolution.

some pao lawyers are better than private lawyers, but they're overburdened by so many cases.

atty, what do u mean po sa statement nyo po na "seems like the time for arguing is over if you're waiting for a resolution."? ibig nyo po ba sabihin wala na pong pag asa na maayos ko yung case ko?im sorry po kung di ko nabanggit..yung sinampa pong case sa kin is estafa and qualified theft..yun daw po ay sa falsify ng docs or logbooks at pagkuha sa pera ng kumpanya..wala na po ba akong pag asa?salamat po

you can file a supplementary affidavit to argue that based on the evidence, it should be falsification.