ESTAFA or BP22?

Atty. Please advise me on this coz this involves my friend at ayaw kong masira yun.

September 10, 2011-A friend loan from me Php 800,000.00. He proposed to return it 2.8M after 3 months. Although its quite imposible, I told him just the principal and some interst will do. But he issued a PDC amounting to Php 800,000.00 (post-dated Feb. 2, Feb. 7 and March 3 2011 with different amountsbut summing to Php 800,000.00) that same day I gave him the money without collateral.

After 3 months I never recieved a payment. And when the date of payment for the PDC, he kept on promising that he will just pay the amount using manager's check for the whole Php 2.8M. So, we never deposited the PDC until after 90 days. The checks were deposited after 90 days.

I investigated and discovered that all the stories that he made are all false. It turned out that the buyer of his lot is false. There was no such negotiations as what he claimed.

I talked to him and he admitted that he just fooled me. Saying: Tanga ka kasi!

He claimed that I can never file BP 22 kasi I deposited beyond the 90 day period. I told him , "dun ka nagkamali". We are after estafa and NOT BP 22.

Here is the summary of the bounced checks:

BANK DATE ISUED DATE DEPOSITED STATUS

Metro FEB 2 June 5 CLOSED
Bank

Metro
Bank Feb 7 June 5 Closed

Metro
bank March 3 June 5 Closed

PCI May 6 June 5 Closed

PCI May 6 June 5 Closd


As you can notice only 3 checks (P800,000.00) were deposited beyond the 90 days, but the 2 checks (1M) were deposited within the 90 days period)

Can I sue him for estafa for the checks deposited beyond 90 days and sue him BP 22 for the checks deposited within the 90 days?

I ned your advise. Thank you so much.

the real challenge here is how to deliver a written notice that the checks were dishonored, and get proof that he personally received them.

you can charge him both for estafa and bp 22 for all the checks. the supreme court has ruled that the 90 day period is not a bar as long as the bank considered the check valid and not stale.

Atty. Thanks for the advise. It helped a lot.

I jst want to clarify something:

1) The check bounced June 2011, can we still serve the demand letter? Is there an expiration period to serve the demand letter?

2) Do you think if I refer the problem to the collection agency, are they effective in collecting debts?

Thank you so much

mya hiniram po ang Mother in law ko na tseke sa akin , dalawa, at inisyu nya po to ng tag 72725.00 bawat check. pay to Cash po ang dalawng check na ito. ito po kay ibinigay nya sa kumare nya na checks... dated dec 07 and dec 15 2010. at ang dalawang checks na ito ay ginamit naman ng kumare nya pambayad sa bigas na inutang nya sa isang supplier..tumalbog po ito dahil hindi po napondohan ng time na ideposit ng suuplier ng bigas...at ngayon po nabigla nlng ako na meron na ako warrant of arrest para sa kasong estafa..dated october 6, 2011...ano po and dapat kung gawin....salamat po in advance sa advice...

home, it's not yet expired. collection agencies have different tactics.

malay, you should get a lawyer to assist you in facing the case. you can ask that it be reinvestigated

Good day po,

I filed bp22 with estafa against an officemate of mine last October 2011 but until now it wasnt served. noong pinallow up ko this february 2012 po sinabihan po ako na hintayin ko na lang po baka ipasana sa RTC. at during that day ng follow up ko sinabihan din po ako na ang judge na magaasekaso sana sa arrangement ba tawag doon ay nadisgrasya noong december kaya di naasekaso..ano po ba dapat kong gawin. and i believed that my officemate is not responding sa pinadalang subpoena sa kanya. ano po mangyayari? im so confused what to do. it involved with big amount and im seeing my officemate everyday na parang wala lang sa kanya.it hurts me so much.but i just kept silent dahil nakapag file nako ng case against her kaso nga lang till now wala pa akong natatanggap na action. please advice me attorney. thanks alot...

GOOD AFTERNOON PO.\
May maliit po akong negosyo dati.Sa kagustuhan ko po na mapalago ito nanghiram po ako ng karagdagang puhunan sa mga kakilala ko.Cheke po ang collateral. 10 % po araw araw ang interest,eventually hindi ko n po kinayang bayaran lahat. nagclose n rin po account ko. Nakiusap po ako sa kanila n kung puwede unti unti ko n lng po bayaran ung principal. Pero ang nangyari po pinaghatihatian n po nila laman ng shop ko. Mga paninda ko at mga showcase ko.Idedemanda p raw po nila ako.Hindi ko n po alam gawin ko gusto ko man pumuntang makipagusap e natatakot naman po ako ipapapulis raw po aq.Problema ko rin po kung pano magbayad ngayon wala ng laman tindahan ko.

you can file a case to have your debt annulled, but this will not necessarily free you from bp 22. did they actually deposit the checks?