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My Mother's case - please help

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1 My Mother's case - please help on Sat Sep 22, 2012 2:23 pm

Gemark


Arresto Menor
Hi Everyone,

I would appreciate if you could give me some advice about my mother's case.
My mom's case has been going on since 2005, she got jailed for 3 years (of criminal case; Estafa) and faced civil case again.

She was out of jail in 2010 when her case was dismissed. After the criminal case, we faced the civil case of paying the other party. I'm not sure about the breakdown but it will cost something like 2M.

But here's the story and I feel like we've been harrased and played around by other party, their lawyers, our lawyers etc...We really don't know who's saying the truth and what law is.

1. My mom has a friend living in US. She's been living there for more than 10-15 years. She used to be our neighbor and they were good friends. When she came home, my mom is the only friend she's always with. Let's name the friend as Soledad.

2. Soledad was devastated when she arrived in Mindoro that her mom is sick and they don't have a decent house to live in. She's been sending money to her 2 brothers to take care of their mom. When she found out all about this, she hated her brother and promised will not give any money to them. Then she wanted to build a house in our place for her mom and for them (with her son) when they come home to Phil. Since she cannot trust her brothers anymore (who are drunkards, gamblers and no work), my mom offered to help her. The help was, she's going to facilitate the building of the house.

3. So they created a common account and Soledad put money in there for my mom to use in building the house. She's sending money monthly just to keep the house going. It's not a lumpsom money she put in. So my mom did everything and the building of the house started.

4. The brothers became jealous because they are not receiving money anymore instead of my mom who's building the house. My mom asked and hired them in the construction of the house so they can earn something. Soledad didn't want to give them any money.
Once of the incident, Ernie(one of the brothers) kicked my mom because of his anger that my mom is the one receiving money and not them.

5. Now where's the money gone? The total money that they are claiming is 1.9M. This money is the total of Soledad's monthly remittance to their account. My mom has built the house with all her approval over the phone, like changes, new additional expenses, etc. The house was built but the finishing wasn't finish yet. Aside from that, my mom personally took care of their sick mother because the brother didn't want to.

6. Soledad arrived in our place and stayed on her 1st night to our house. When she visited her family, she didn't come back to our house and the case started. The brothers told her all stories that my mom is taking the money for her own benefit.

7. I believed my mom neglected and didn't take the case seriously. She's just facing it with herself with her public attorney. She thought she could do it by herself. Maybe she's embarassed to my father as well who's working in KSA and don't know anything about it. Me and my 2 siblings were all living and working in Manila that time.

8. So my mom, with all our shocked was taken to jail. My mom has all the receipts of building the house but we believed it was not properly reviewed. The case was dismissed after 3 years. During her criminal case, they filed another civil case of paying them of 1.9 M. The same amount of the house. This time we lost the case which I don't know the details. We need to pay them this amount and if not my mom's property will be taken from them as a payment.

9. As the advise of our attorney, in order not to take the house, they should transfer it to my name. So they did because the attorney and all the judges were saying that's it's only a civil case and this will be forgotten in due time if you really don't have any money. But because the brothers know we have a house, they want to take it from us. Now, they file another case about my mom transferring the house to my name to avoid paying them.

10. Why we need to pay them 1.9M ? They already taken my mom to jail for 3 years.., their house was built..and now they want to take our house. I really believed that it's so unfair. And I couldn't believe that we need to pay them after all the hardships they've caused us. My mom only helped them to build a house. I know that's the biggest mistake; helping other family with their own issues.

11. I would like to know if I could file a case against them on behalf of my mom. They've already caused us a lot, emotionally and physically. We have not paid the due yet. There will be a negotiation which is going to happen on Monday. Or attorney (new one) will try to lessesn the charges and not take our house. I want to ask, is there anything I could file a case against them? We didn't fight them back because we are thinking of the time we're going to spend on it, because we are all working and the money we're going to spend. We just want to finsih it. But then we lost the case in civil case which I dont know the details. Please help me what to do. My family is falling apart because of this case. The brother's of Soledad doesn't have any job and they're focused is to put us down.

I would happily pay them if my mom really ook the money but she wasn't. My father has a job, and 3 of us have jobs too. This is just so unfair. Please help..thanks a lot,

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2 Re: My Mother's case - please help on Sat Sep 22, 2012 3:06 pm

concepab


Reclusion Perpetua
Gemark wrote:Hi Everyone,

I would appreciate if you could give me some advice about my mother's case.
My mom's case has been going on since 2005, she got jailed for 3 years (of criminal case; Estafa) and faced civil case again.

She was out of jail in 2010 when her case was dismissed. After the criminal case, we faced the civil case of paying the other party. I'm not sure about the breakdown but it will cost something like 2M.

But here's the story and I feel like we've been harrased and played around by other party, their lawyers, our lawyers etc...We really don't know who's saying the truth and what law is.

1. My mom has a friend living in US. She's been living there for more than 10-15 years. She used to be our neighbor and they were good friends. When she came home, my mom is the only friend she's always with. Let's name the friend as Soledad.

2. Soledad was devastated when she arrived in Mindoro that her mom is sick and they don't have a decent house to live in. She's been sending money to her 2 brothers to take care of their mom. When she found out all about this, she hated her brother and promised will not give any money to them. Then she wanted to build a house in our place for her mom and for them (with her son) when they come home to Phil. Since she cannot trust her brothers anymore (who are drunkards, gamblers and no work), my mom offered to help her. The help was, she's going to facilitate the building of the house.

3. So they created a common account and Soledad put money in there for my mom to use in building the house. She's sending money monthly just to keep the house going. It's not a lumpsom money she put in. So my mom did everything and the building of the house started.

4. The brothers became jealous because they are not receiving money anymore instead of my mom who's building the house. My mom asked and hired them in the construction of the house so they can earn something. Soledad didn't want to give them any money.
Once of the incident, Ernie(one of the brothers) kicked my mom because of his anger that my mom is the one receiving money and not them.

5. Now where's the money gone? The total money that they are claiming is 1.9M. This money is the total of Soledad's monthly remittance to their account. My mom has built the house with all her approval over the phone, like changes, new additional expenses, etc. The house was built but the finishing wasn't finish yet. Aside from that, my mom personally took care of their sick mother because the brother didn't want to.

6. Soledad arrived in our place and stayed on her 1st night to our house. When she visited her family, she didn't come back to our house and the case started. The brothers told her all stories that my mom is taking the money for her own benefit.

7. I believed my mom neglected and didn't take the case seriously. She's just facing it with herself with her public attorney. She thought she could do it by herself. Maybe she's embarassed to my father as well who's working in KSA and don't know anything about it. Me and my 2 siblings were all living and working in Manila that time.

8. So my mom, with all our shocked was taken to jail. My mom has all the receipts of building the house but we believed it was not properly reviewed. The case was dismissed after 3 years. During her criminal case, they filed another civil case of paying them of 1.9 M. The same amount of the house. This time we lost the case which I don't know the details. We need to pay them this amount and if not my mom's property will be taken from them as a payment.

9. As the advise of our attorney, in order not to take the house, they should transfer it to my name. So they did because the attorney and all the judges were saying that's it's only a civil case and this will be forgotten in due time if you really don't have any money. But because the brothers know we have a house, they want to take it from us. Now, they file another case about my mom transferring the house to my name to avoid paying them.

10. Why we need to pay them 1.9M ? They already taken my mom to jail for 3 years.., their house was built..and now they want to take our house. I really believed that it's so unfair. And I couldn't believe that we need to pay them after all the hardships they've caused us. My mom only helped them to build a house. I know that's the biggest mistake; helping other family with their own issues.

11. I would like to know if I could file a case against them on behalf of my mom. They've already caused us a lot, emotionally and physically. We have not paid the due yet. There will be a negotiation which is going to happen on Monday. Or attorney (new one) will try to lessesn the charges and not take our house. I want to ask, is there anything I could file a case against them? We didn't fight them back because we are thinking of the time we're going to spend on it, because we are all working and the money we're going to spend. We just want to finsih it. But then we lost the case in civil case which I dont know the details. Please help me what to do. My family is falling apart because of this case. The brother's of Soledad doesn't have any job and they're focused is to put us down.

I would happily pay them if my mom really ook the money but she wasn't. My father has a job, and 3 of us have jobs too. This is just so unfair. Please help..thanks a lot,

try to seek an advice from another lawyer. or better get another lawyer.

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3 Re: My Mother's case - please help on Sat Sep 22, 2012 3:53 pm

Gemark


Arresto Menor
Hi, we did seek and all the lawyers said that it has been decided that we need to pay. SO all we can do is to try to negotiate and lessen the charges. I understand that, we need to pay because we lost the civil case. Now I would like to check if there's anything we can file a case against them just to clear our name and put them at the right place. I know it sounds bad but this is just to unfair...Sad

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4 Re: My Mother's case - please help on Sat Sep 22, 2012 8:30 pm

attyLLL


moderator
doesn't seem you have many options. the court ruled that your mom is civilly liable and she simulated a fake sale to you, and they were able to prove it in court.


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