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Can this be estafa? Please help us

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1 Can this be estafa? Please help us on Wed Jan 09, 2013 4:10 pm

jACO28


Arresto Menor
Good day

My fiance has a problem sa isang kakilala namin na ang business ay lending with 10% interest per month and ang mode of payment is thru ATM. Meron din pong pinipirmahan na form para may pinanghahawakan yung lender parang formality lang. Pinagkatiwalaan nya yung fiance ko na magpasok ng clients sa kanya. The problem is nagamit ng fiance ko yung pera amounting 100,000.00 pesos and she admitted it. I didn't knew it till now na naniningil at galit na yung lender. But she promise to pay it back and she just needed time to settle it and we are requesting to settle it na staggered yung payment at pumayag sya, pero palagi naman nya kami pine-pressure. Gusto kasi kunin nung lender yung ATM namin kahit wala kami personal na utang sa kanya and every payday kukunin daw nya lahat ng sahod namin until ma-settle namin yung amount na yun. Pwede ba nya kunin ATM namin? Was that considered estafa? Will I be a part of it considering that my fiance and I are living together? What's the best thing to do? Please help us, we really don't konw what to do next.

Thank you very much



Last edited by jACO28 on Wed Jan 09, 2013 4:16 pm; edited 1 time in total (Reason for editing : additional info)

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2 Re: Can this be estafa? Please help us on Fri Jan 18, 2013 12:27 am

earl223


Arresto Menor
(non-expert advice)

Actually bro yung finance mo ang nagcommit ng estafa dahil nagamit niya ang pera hindi sa kanya under Revised Penal Code Art. 315 Section 1(b). In this case mabait pa yung kakilala nyo for not filing a criminal case against your fiance. Hindi ka dapat madadamay dyan (unless you are an accomplice), so walang right yung kakilala mo na kunin ang ATM mo or ang sahod mo.

At this point, it all looks like an amicable settlement: No criminal case will be filed as long as you give your ATMs and salaries until all the money has been returned. Kung hindi nyo kaya gawin yon... then try to negotiate until both parties agree. If ayaw talaga pumayag ng kakilala nyo then you have no choice but to oblige or your finance will face a possible criminal case.

If you do end up paying... it would be best to have the agreement in writing. Something in the lines of.."Cge babayaran namin under sa terms of agreement.. as long as hindi ka magsasampa ng kaso."

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3 Re: Can this be estafa? Please help us on Fri Jan 18, 2013 1:02 am

shad_marasigan


Reclusion Perpetua
yes all the elements of estafa are present. what you can do is to return the amount and say sorry.

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4 Re: Can this be estafa? Please help us on Fri Jan 18, 2013 11:14 am

jACO28


Arresto Menor
maraming salamat po sa mga reply ninyo.. itatanong ko na lang din po if ever na matuloy magfile ng case against my fiance yung lender, is estafa bailable and how much po? Maghaharap po kasi sila sa barangay this comming monday, sana magkasundo na lang sila at pumayag yung lender. Natatakot din po kasi fiance ko kasi sa barangay nagtatrabaho ang kapatid ng lender. And recently we are receiving threat thru calls and pumupunta yung lender sa bahay namin at pinagmumura at sinisigawan ang fiance ko na may nakakarinig na ibang tao. Alam ko po na may pagkakamaling nagawa fiance ko sa kanya pero tama po ba ginawa ng lender na ipahiya ang fiance ko? thanks in advance po. God Bless

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5 Re: Can this be estafa? Please help us on Fri Jan 18, 2013 6:21 pm

earl223


Arresto Menor
If you know who the caller is, you can file a complaint of Grave Threats. Puede nyo siya reklamo sa baranggay ng harassment and possible slander and lender (kung ang mga sinisigaw ng lender ay di naman totoo para lang mapahiya ang fiance mo). But of course, kung hindi maayos ng baranggay ito, mapapagastos pa kayo when filing a case.

Estafa is bailable... pero the courts usually decide the amount.

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6 Re: Can this be estafa? Please help us on Sun Jan 20, 2013 10:21 pm

mercycueno


Arresto Menor
relate ako sa message na to but ako naman yung lender ano po ang dapat kung gawin bukas plano kong ipa tawag sa barangay yung nangutang sa akin iniwan nya sa akin yung atm nya but this month wala akung nakuha and then wala din syang sinabi kung bakit i always txt her but no reply,kung kasuhan ko sya ng estafa dapat ba sa barabgay muna kami mag harap?

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7 Re: Can this be estafa? Please help us on Mon Jan 21, 2013 10:05 am

jACO28


Arresto Menor
thanks po sir earl223 for your response. Yes sir we know who called at personal number nya po ang gamit nya, last saturday po nagkausap ulit kami ng lender thru cellphone, sabi nya mag-file na daw sya ng complaint sa barangay, sabi naman namin sabay na kami pumunta dun to settle it properly at para hindi na kami kelangan ipatawag pa ng barangay, ayaw naman nya kami pasamahin at hindi ko alam kung bakit ayaw nya. Since saturday naghihintay kami ng text or call from him pero wala kami narereceive na kahit ano. Can we verify it po ba sa barangay at hindi po ba basta huhulihin ang fiance ko? Can we still sue her for "slander / oral defamation" even if his accusations to my fiance are true? We admit na may pagkakamali ang fiance ko sa kanya but does he have the right na pagbantaan, sigawan, ipagkalat at ipahiya sa ibang tao ang fiance ko? All we need is time to provide the said amount kaya lang talagang iniipit nya kami sa terms na imposible namin ma-provide yung pera. Can we ask the barangay for help to make our terms more reasonable at sa kaya lang namin, ang hirap kasi mangako sa terms na hindi namin kaya baka lalong lumala yung situation and besides ang laki ng interest. Hope you can help me again... Thanks in advance



Last edited by jACO28 on Mon Jan 21, 2013 10:30 am; edited 1 time in total (Reason for editing : additional information)

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8 Re: Can this be estafa? Please help us on Mon Jan 21, 2013 11:55 am

earl223


Arresto Menor
You can still file a harassment complaint even if the accusations are true. Puede naman idaan sa mabuting usapan at hindi kailangan magskandalo. If ever a complaint has been filed at your local baranggay, they will summon your fiance first to hear the sides of both parties. Note lang that they will only try to facilitate the meeting... they will not judge or force either party to an agreement. Kung walang mangyare sa baranggay, the complaint will be sent to the courts.

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9 Re: Can this be estafa? Please help us on Mon Jan 21, 2013 12:16 pm

jACO28


Arresto Menor
Ganun po kasi yung style nya ng paniningil... thru harassment, threat and being hysterical. Anyway, we have talked again a few minutes ago... hindi na daw po sya pupunta ng barangay for complaint. magusap na lang daw po kami regarding sa terms of payment. Should it be written and notarized? Should I clearly state on our agreement that he will not file a case against my fiance? Hindi ko din po kasi alam kung takot din sya pumunta sa barangay dahil sa previous cases laban sa kanya na nag-eskandalo. Will it be best na hindi na sa barangay mag-usap? Ang kinakatakot po kasi namin is yung mga threats nginawa nya before. thank you po

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10 Re: Can this be estafa? Please help us on Mon Jan 21, 2013 2:08 pm

Cecilia1970


Arresto Menor
Hi atty,

This is a relevant issue please let me know what to do.

My queries involve the following.

She went to barangay and sue of saying in text message worst words like I will let my dog get out of her cage and I told her she is trespassing and balance from loan.


Story.

I have a loan with her of 50k then issue a check last 2010 she never deposit my check coz I pay her first half then installment basis whenever I have extra money. Then last week I told her I will pay in full my loan for 12k which I think is sufficient enough for the interest but she told me my balance is still 18k I told her that I can only pay her 12k in full she refuse but in the morning she came to my house and she wants to get the 12k I told her if you wl not i will not give to you but she insist there is exchanging of text message and she texted me how could I sign without the money so I told my helper to let her inside the house and let her sign before she give the 12k but unfortunately she put some note that I have a balance so my daugher texted me that there is a note saying I still have a balance I told my daughter not to release the money but stil she insisted and angry so I texted her that if you will not sign they will not release the money so she told me how will I sign without the money again so I let my daughter do another acknowledgement recipth and let her sign but still he does not sign so I texted her if you will not agree they will not release and still she's angry so I told her to get out and leave mt house if she will not agree or else I will let my dog get out of her cage coz you are trespassing. Now she sign the second one and put a note again then get the money then she went out of my house. Then she went to our barangay accusing me of saying bad words by letting my dog out of his cage and tel her she's tresspassing.

My question do I need to attend the barangay hearing and what I supposed to do as counter action with her.

Thank you.

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11 Re: Can this be estafa? Please help us on Mon Jan 21, 2013 2:53 pm

earl223


Arresto Menor
@Jaco: As long as you have an agreement, better kung written and signed by both parties and witnesses, then that will suffice. No need to have it notarized. The only reason why he would file an estafa case is if you will not pay him anything. But as long as you are paying, and it is within your agreement, then it's okay.

No need to go to the baranggay if you have come to an agreement. If he threatens you again, file a complaint with the baranggay... probably Unjust Vexation. Anyway, one reason why he probably won't file a case is because it can be too expensive. The end result will have him paying legal fees more than what you owe him... so it's useless to file a case. (unless he really wants your fiance jailed).

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12 Re: Can this be estafa? Please help us on Mon Jan 21, 2013 2:58 pm

earl223


Arresto Menor
@Cecilia: You have to attend the Baranggay Hearings. You can get into more trouble if you don't. As for your defense, you have the right to force someone off your personal property if that someone is not welcome and most especially if that someone is disturbing the peace of your home.

Regarding the interest of your loan, the best way to solve that is by looking back at your agreement. Did you talk about an interest rate when you borrowed the money? If yes, then compute the interest based on the rate so you'll know if you still owe her money or not.

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13 Re: Can this be estafa? Please help us on Mon Jan 21, 2013 4:30 pm

mercycueno


Arresto Menor
gud pm sir,
please need advice nag usap kami ng my utang sa akin at nagpa utang din sya ng pera sa iba from my money ang problema po is na gastos daw nya pati yung pina utang nya worth of 54k and her personal is 52k tiwala lang ako kasi past few months ok naman sya mag bigay ng collection but this month wala na so i wonder why? kaya pina tawag ko sya and now sinabi nga nya na na gastos nya yung pera and the worst is i cant get any collateral she dont have property or anything na ma kuha ko the only i`m holding is yung ATM kung saan nag huhulog asawa nya from abroad for thier monthly budget eh ngaun nalaman ng husband nya na ganun ka laki ang utang ng asawa nya so binabaan ang padala to 5k nalang,hindi ko alam gawin ko please need advice what to do...

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14 Re: Can this be estafa? Please help us on Mon Jan 21, 2013 5:04 pm

jACO28


Arresto Menor
Thank you again sir for your advice, as of now medyo nakakahinga na kami ng maayos. Sana ma-settle ng maayos para wala na ibang problema.
Thanks again sir... God Bless!

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15 Pls advice on Mon Jan 21, 2013 5:44 pm

Cecilia1970


Arresto Menor
Hi atty, we don't have written agreement. I issued check amounting my loan and pay for 1 month as the check dated she already deducted the interest last 2010. She never deposit the check since then. The fact that we both know that part of that loan proceed to her friend and that she did not pay. Just for me to have the good faith I pay it all. Then now he sue me in barangay and telling me she will file a case against me by texting her bad words like I will let my dog get out of the cage and tresspassing and loan balance.
My question is did she have the right to sue me or file a case?
And I plan to file in my barangay accusing her for tresspassing, oral deflation and harassment. Could it be possible if she wil insist.
Please let me know if have on the right side.
Thanks for your kind reply.



Last edited by Cecilia1970 on Wed Jan 23, 2013 7:47 pm; edited 1 time in total

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16 Re: Can this be estafa? Please help us on Mon Jan 21, 2013 5:46 pm

Cecilia1970


Arresto Menor
Atty spry for the miss spell its oral defamation.

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17 Re: Can this be estafa? Please help us on Mon Jan 21, 2013 5:47 pm

Cecilia1970


Arresto Menor
Atty sory for the miss spell its oral defamation.

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18 Re: Can this be estafa? Please help us on Tue Jan 22, 2013 1:34 am

earl223


Arresto Menor
@mercycueno: Sa ngayon just be thankful na nagbabayad paren kahit 5K lang. You can try to file a complaint with the baranggay and take it up to court but you will just be spending more money than what your friend owns you and end up with the same thing.

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19 Re: Can this be estafa? Please help us on Sun Jan 27, 2013 1:56 am

xinsha25


Arresto Menor
Good day po sir,

I am so worried here. Tulungan nyo naman po kami. May business po kami na merchandise, ngayon po nalulugi na po kasi siya pero sinubukan pa rin pong isalba ng father ko pero hindi na po talaga kaya. May kinikuhanan po kami ng supplies na nagpapautang, nagissue po yung daddy ko ng tseke thinking taht mapopondohan namin by the time na iwiwithdraw siya nung tao. Ang kaso po talagang hirap po yung merchandise at hindi kami nakasingil ng enough para mapondohan yung tseke kaya nagbounce po siya. Since hindi rin po nagbabayad ng tax yung tao pra sa goods nya, hindi po siya nagiisue ng resibo sa father ko. Ngayon po hinahanap na po ng mga pulis pati daw po NBI yung father ko. ibig sabihin po ba nito may warrant of arrest na siya? makukulong po ba siya? and if makulong siya ano po ba dapat namin gawin para po maresolve ito as soon as possible? pwede po ba na gumawa kami ng kasulatan na babayran namin konti konti yung utang nya dun sa tao para po di makulong father namin? maraming salamat po sa mga advices.

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20 Can this be estafa? Pls help us on Sun Jan 27, 2013 11:38 am

Linda35


Arresto Menor
Good day! I have a friend who has a credit card yrs back but it was another person who used it under her name. She is very innocent and in fact has been defrauded many times. It's just now that i knew her family is contacted by a lawyer regarding a credit card unpaid issue. Accdg to the lawyer, it has been since 2006 that last payment was transacted and told the family that she has an estafa case, which already has a court order and asking them the due. At first, it has reached to 200,000 but now, asking to pay the original amount due of 17,000 but asking them to pay e deposit of 5,000, whoch the family has at hand.

What is the process of an estafa case? The account holder has been long missing due to family issues, got pregnant and left the province but the last msg received, she is already in a different country now. Pls help! I also want to help her family with the information i can get. Thank you! More power!

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21 Re: Can this be estafa? Please help us on Fri Feb 01, 2013 2:24 am

xris


Arresto Menor
Hi may I ask po atty.I have a friend of mine na niyaya akong maginvest sa knila ng friend daw nya na may business na lending.She told me to invest her minimum of 20k and give me the interest of 10% per month last march 2012.Wla po kming pirmahan,kundi trust lng po sa isa't isa.wla pa po sya ni isang buwan na interest na nabigay sakin simula nung nagbigay ako sa knya gang ngayon wla na po akong balita sa knya.pano po kya mahahabol ung taong un?ano po ung pwede kong gawin ang tanging proof k lng na hawak is ung deposit slip sa bank na nakakuha sila ng pera sa sakin.bale amounting to 45k all in all.malaking pera din kasi un pra sakin na pwede sana makatulong sa pang araw2 nmin.hindi nman ako naghahangad ng malaking tubo ang sakin lng is makakatulong sana at kaibigan din nman ang nagrefer kya trust lng ung naging usapan nmin.ano po kya ang pwedeng gawin na hakbang sa ganitong problema?thanks po.

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22 Re: Can this be estafa? Please help us on Fri Feb 01, 2013 2:38 am

nick26


Arresto Menor
Mayroon akong na received na demand letter from my last employer stating that he'll going to file a case (estafa) against me in court if I will not be able to return the money he sent to me to buy an equipment for the job. Ito ang story, my employer sent a total of 132,000 para bumili ng apple iMac para daw mapadali ang trabaho ko, Web designing po pala trabaho ko at ang employer ko ay from UK. I received the demand letter through an atty. based in CDO. I am going to pay for that amount for 6 months, kakaltasan niya po ang sweldo into half every month til mabayaran ko daw lahat. Pero, last december ayaw na po niyang ipagpatuloy ang wokring relationship namin. Wala po kaming contract. I just turned 18 last Nov. I still have the money but hindi na po completo. For the reason, he asked me to buy a wireless telephone, a desk and a chair. I used the money he sent dahil sabi niya. Ngayon, he also asked me to upgrade my connection which I did and he'll going to pay my internet connection for 6 months. And, he asked me to get a decent smartphone (a plan in globe) to connect with him every time I lost connection or electricity which I also did. Now that I don't have a job, can I still asked him to pay for this bills and stuff? Can I still deduct the total amount of expenses to the money I received and equals to the amount I am going to return?

Please help, I am just a student working online. I need some legal advice for the action I am going to do next.

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23 Re: Can this be estafa? Please help us on Sun Feb 03, 2013 6:21 pm

sassy178


Arresto Menor
Help about my friend.

Nakipagdeal sya with another friend na maglending. Yung friend ko ang papasok ng clients and sya din ang pumirma. Unfortunately, may mga di nagbayad at yung friend ko, nakagastos din dun sa ibang collection. Ngayon hinaharass sya ni lender. Pinipilit sya magbayad and pinapirma ng latter and pinagissue ng PDC with the full amount. Question ko po is.. 1) What if di pa nabayaran ng buo yung utang, estafa po ba yun? 2)If ever na kasuhan sya ng estafa, matatanggal po ba sya sa trabaho? Makakapagtrabaho pa ba sya uli? 3)Ilang taon ang kulong ng estafa?

Salamat po

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