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Estafa case filed against mother - need assistance

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Nicole ramos

Arresto Menor
Hi, a friend of my mom filed an estafa case against her and she has a hearing tomorrow. According to my mom, she owes her friend 100k 15years ago. We are still having financial hardships right now. What would happen to my mom if she cant make the pymt?

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Arresto Menor
Nicole, if your mom borrowed money and is not able to pay because of financial issues then that is NOT estafa. However, if your mom borrowed money and ran away from her obligation to pay, then that is estafa.

If hindi estafa... then you have nothing to worry about. Your mom won't go to jail. If ever this will reach the courts, the judge will only let both parties come to an agreement on the payment terms. In short, you will still have to pay back the money.

If it's estafa... penalty is imprisonment from a minimum of 6 years to a maximum of 20 years depending on the amount.

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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.


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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