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What can be case for ...

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1 What can be case for ... on Mon Jan 07, 2013 4:18 pm


Arresto Menor
Goodafternoon sir/madam,

I'm ash, not my realname. 20 years old of age, living in manila, philippines.

i would like to ask some questions about my problem, concerning about cash matters.

Last year, month of july, i was planning to create or build a small business which is buy and sell business. But that time, i dont have any single cent to start it up. So, by means of my needs to have sufficient funds to start my planned business, i talked to one of my friends tru facebook. We know each other in person so i tried to talk to him, by seeking chances to borrow some amount of cash.

As I told to him that i need some cash for my business, or invest in my business for exchange of having an interest for that invested cash. Then he accepted it, lending me 3,000 pesos, we dont have any written letter or contracts, or even signed receipts,because this business is not so big, it's just like a student sideline to earn extra cash.

later on, my mini business started. i bought some stuffs in very low price and planning to resell it with such good price, as we all know about buy and selling. The whole 3 thousand amount was used to purchase and used for transpo and expenses.

As my 1st project is ready, I was searching for some buyers who needs my stuffs (some are perishable foods like crackers and chips in sack, some are gadgets like cellphone), there was a big problem occured and it is unpredictable. A calamity came, the hanging habagat (aug.2012).

During that time i was travelling around the city to find another great stuffs, before going out, I left my stuffs in one of my friends house near my own house to keep my stuffs secured. By the time that i was in another part of manila to find cheap stuffs, the super thypoon flashes and rained from moderate to heavy. And when I came back to fetch my stuffs. All I see is a flooded area, only roofs was visible and my friend told me that all his things included my stuffs was inside his house. Then that's it, i dont have any earnings yet, and that thypoon flooded my stuffs.

I dont have any source of income, i'm out of school already that time due to financial problem and dont have any job. Until now, im still not able to pay my friends lended money to me. And he kepts posting comments in my wall and in my friends tagged photos to embarass me to force me to pay him. I have plan to pay him, and im seeking for any sideline jobs or stable job to earn cash.

Now, my question is, am I liable for any criminal case for still not paying my debts? And for embarassing me in social media sites, what can i do with it?

Please, help me to know about this problem. I was so afraid to get imprisoned or have a record that will affect my future clearances for applying jobs.

Thank you sir/madam, and sorry for bad english. Hope to find some answers to help my dilemma. Neutral

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2 Re: What can be case for ... on Thu Jan 10, 2013 9:50 pm

tsi ming choi

Reclusion Perpetua
subaruxxx wrote:
Now, my question is, am I liable for any criminal case for still not paying my debts?

NO criminal liability.
The nearest or a possible case of estafa will not apply because it is clear that you dont have any intent to defraud your creditor/s, likewise, by reason of that supervening event (typhoon), the burden of proving that you have the intent to defraud your creditors (if any) is now or will now be shifted to the latter.

Moreover, it is clear as mandated under our constitution that no person shall be imprisoned by reason of non-payment of debt. (hinde ka makulong) Most likely, if they (creditors) will pursue a case, the proper case is a civil case, for collection of sum of money.

subaruxxx wrote:
And for embarassing me in social media sites, what can i do with it?

If you have a lawyer friend, ask him for a pro bono case, to institute a civil case for damages, invoking art. 20, 21, 22 of the civil code, likewise, in violation with your constitutional right to be left alone.

So ang result nyan is that yung creditors mo ay sya pa ang magbabayad sayo by reason of damages. He abused his right to the extent that you suffer great humilation or bismerched reputation.

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