what can be the case filed against me?

i have issued official receipts and did not remit it to the company s fund, instead use it for my personal interest. i was really regretful. now they had find out what i did with the documents i had submitted.

You may be charged with Estafa, with unfaithfulness or abuse of confidence, By misappropriating or converting, to the prejudice of another, money, goods, or any other personal property received by the offender in trust or on commission, or for administration, or under any other obligation involving the duty to make delivery of or to return the same, even though such obligation be totally or partially guaranteed by a bond; or by denying having received such money, goods, or other property.

http://wiki.lawcenter.ph/index.php?title=Estafa

You can use Good faith as a defense,

GOOD FAITH is a defense in malum en se, such as estafa. This is too basic and too elementary a doctrine that it does not require jurisprudential citations. At any rate, the following cases are cited:


PEOPLE OF THE PHILIPPINES vs. CORA ABELLA OJEDA, G.R. Nos. 104238-58, June 2004, on GOOD FIATH as a defense in estafa and mala en se.


X x x.

DECEIT AND DAMAGE AS ELEMENTS OF ESTAFA

Under paragraph 2 (d) of Article 315 of the RPC, as amended by RA 4885, the elements of estafa are: (1) a check is postdated or issued in payment of an obligation contracted at the time it is issued; (2) lack or insufficiency of funds to cover the check; (3) damage to the payee thereof. Deceit and damage are essential elements of the offense and must be established by satisfactory proof to warrant conviction. Thus, the drawer of the dishonored check is given three days from receipt of the notice of dishonor to cover the amount of the check. Otherwise a prima facie presumption of deceit arises.

The prosecution failed to prove deceit in this case. The prima facie presumption of deceit was successfully rebutted by appellant’s evidence of good faith, a defense in estafa by postdating a check. Good faith may be demonstrated, for instance, by a debtor’s offer to arrange a payment scheme with his creditor. In this case, the debtor not only made arrangements for payment; as complainant herself categorically stated, the debtor-appellant fully paid the entire amount of the dishonored checks.

It must be noted that our Revised Penal Code was enacted to penalize unlawful acts accompanied by evil intent denominated as crimes mala in se. The principal consideration is the existence of malicious intent. There is a concurrence of freedom, intelligence and intent which together make up the “criminal mind” behind the “criminal act.” Thus, to constitute a crime, the act must, generally and in most cases, be accompanied by a criminal intent. Actus non facit reum, nisi mens sit rea. No crime is committed if the mind of the person performing the act complained of is innocent. As we held in Tabuena vs. Sandiganbayan, 268 SCRA 332 [1997].:

The rule was reiterated in People v. Pacana, although this case involved falsification of public documents and estafa:

“Ordinarily, evil intent must unite with an unlawful act for there to be a crime. Actus non facit reum, nisi mens sit rea. There can be no crime when the criminal mind is wanting.”


American jurisprudence echoes the same principle. It adheres to the view that criminal intent in embezzlement is not based on technical mistakes as to the legal effect of a transaction honestly entered into, and there can be no embezzlement if the mind of the person doing the act is innocent or if there is no wrongful purpose.

X x x. (underscoring supplied).


By Analogy:

FRANCISCO M. LECAROZ and LENLIE LECAROZ, vs. SANDIGANBAYAN and PEOPLE OF THE PHILIPPINES, G.R. No. 130872, March 25, 1999, re: PRSUMPTION OF GOOD FAITH.

X x x.

The rule is that any mistake on a doubtful or difficult question of law may be the basis of good faith. In Cabungcal v. Cordova, No. L-16934, 31 July, 1964, 11 SCRA 584, we affirmed the doctrine that an erroneous interpretation of the meaning of the provisions of an ordinance by a city mayor does not amount to bad faith that would entitle an aggrieved party to damages against that official. We reiterated this principle in Mabutol v. Pascual which held that public officials may not be liable for damages in the discharge of their official functions absent any bad faith. Sanders v. Veridiano II expanded the concept by declaring that under the law on public officers, acts done in the performance of official duty are protected by the presumption of good faith.

X x x.

http://attylaserna.blogspot.com/2011/03/estafa-sample-counter-affidavit.html

Good luck po

ellaisa wrote:i have issued official receipts and did not remit it to the company s fund, instead use it for my personal interest. i was really regretful. now they had find out what i did with the documents i had submitted.

This may be Theft or Qualified Theft (better check your facts FOOBARPH). If you are the accountable person to accept payment and issue receipts. you are liable for Qualified Theft. If you are not the accountable person, you are liable for Theft only.