mismanage of fund

good afternoon atty,

Nagkaron po ako ng case sa company namin dahil minapula ko po ang payroll namin, bale iba yung nasa debit memo compare sa diskette na pinapasok namin sa banko, iba po yung amount ng payroll ko at don po nagbase ang auditor namin sa pag audit sa account ko, chinarge po nila sa kin ung difference ng amount, pinasign po nila ako ng promissory note nkalagay po don "for misappropriated in the course of my employment as Accountant in that company" tas promise to pay in monthly installment, pero gusto po nilang kunin yung kotse ko as my downpayment kasi ang pinambili ko naman daw po doon ay galing sa kinuha ko sa kanila, tas yung balance daw po kapag nagka work na ko at huhulugan ko na lang daw po, ano po ba ang kasong pwede nilang isampa sa akin if ever?

Thank you po!

your main concern should be avoiding facing a criminal charge. i recommend that you enter into an agreement that they will no longer file a case against you if you are able to pay, even in installments.

i would argue that what you did was falsification, but it might also be considered as estafa or qualified theft. if the latter, it is non-bailable if the amount is above P24,000.00

ask ko lang po if this sample is enough as an agreement for not filing a case against me if I am able to pay, even in installments:

I promise to pay (co. name) or order at its office (address) the sum of (amount) in monthly installment of ______without need of notice or demand starting ______ to _______.

I agree that any of the installments is not paid when it falls due, the entire balance of my obligation then remaining unpaid shall forthwith become due and payable without necessity of demand.

I further agree that in case of breach of my obligation, Co. may institute the appropriate civil and criminal actions against me as warranted under the circumstances and hold me liable not only for the principal amount of my obligation but also for all fees appurtenant thereto, including legal expenses and cost of suit.

that is ok as a promissory note, but not as a settlement. try to make it bilateral and that they should also state as long as your are paying, they will not initiate any case against you.