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I need your legal advice Atty (grounds of Estafa)

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Arresto Menor
Gud pm Atty i really need you advice about my case. someone borrowed money to me worth 1.4 million with 5 percent interest. She proposed to pay the same principal amount with interest in 40 post dated checks. i trusted her. Hindi ko sya mapapahiram ng ganitong kalaking pera kung hindi dahil sa mga post dated checks that she issued. when the due dates come i deposit the the checks and it bounce and stamp close account. Can i sue her estafa?? i was decieved by telling me that she is 12 years depositor of the bank and has sufficients funds in the bank.I already send her demand letter and i already recieved the return card. Please Atty help me some legal advice, im really emotional depress because of what happen to me.. can i sue her estafa and Bp22?? if Bp22 prosper and the person dont have the ability to pay the money she gained to me what will happen to the case?? Sad

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Arresto Menor
naloko im not a lawyer but on my opinion you can sue her both bp22 and estafa under revised penal code article 315 paragraph 2(d)

2. By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud:

(d) [By post-dating a check, or issuing a check in payment of an obligation when the offender therein were not sufficient to cover the amount of the check. The failure of the drawer of the check to deposit the amount necessary to cover his check within three (3) days from receipt of notice from the bank and/or the payee or holder that said check has been dishonored for lack of insufficiency of funds shall be prima facie evidence of deceit constituting false pretense or fraudulent act. (As amended by R.A. 4885, approved June 17, 1967.)]

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Arresto Menor
deceit and damage

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Arresto Menor
Hi Atty. Would like to inquire what can we do to dismiss a case against estafa. I lent money to an establishment to keep their business going, and as payment, they could just provide the products that I need until it is settled. There is no documentation of this. I have a very good relationship with the business owner, that I even became a godmother to her daughters wedding. Tables turned and I needed the money for my business, in return she offered the same to help me out. Now i owe her money. Still there no contract on this but just trust between two friends. When her business took a downfall and other companies are sueing her for the money that she lent, she went to my house with a lawyer and told me that she just needs my signature for a certain document that was stating that i owe her this amount. I signed because I trusted her and I understand her situation. after a couple of weeks, I received a my friend received a subpoena yesterday to attend a preliminary hearing for an estafa case filed against her this wednesday. She has changed her number as well. What can I do in this situation? I dont have the money as of yet to pay her, I dont have any intentions whatsoever to run away from my debt. I felt deceived and I havent had sleep since then because my reputation has been tarnished because of this. What would be the penalty if I am not able to pay? Is there any legal process I can do to dismiss this case. What can I file to have ample time to pay aswell. Please HELP. Thanks.

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