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will she be liable for estafa?

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1 will she be liable for estafa? on Sat Aug 21, 2010 5:06 am


Arresto Menor
"A" sells different kinds of items. She got this item from "B". "B" is also involved in loan transaction but unlike lending companies, "B" lends a big sum of money and the collateral will be your ATM, that means "B" will be in possession of the ATM. So, every pay-out, "B" withdraws the amount to be deducted in the salary."A" introduce/refers "C" to "B". "C" needed to borrow a big amount of money. "B" agreed to lend "C" money. However, there was no contract or ny written agreement regarding the transaction, or showing that "C" borrowed money and that "A" be the co-maker. Now, "C" lost her job, therefore no salary, resulting to "B" not receiving any payments from "C".
"B" threatens to sue "A" in court and will go after "A" through the HR where "A" works. My question is, Can "A" be hed liable for ESTAFA, the fact that there was no contract? Breach of Contract will not stand as there was no conbtract executed between the parties. WHat can"A" do since, "B" threatens to file a case agants "A" for estafa?

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2 Re: will she be liable for estafa? on Sat Aug 21, 2010 2:30 pm


from the facts there is no deceit or abuse of confidence, therefore there is no estafa.

but A can be held liable for the whole amount because he is a co-maker.

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3 Re: will she be liable for estafa? on Wed Sep 07, 2011 5:22 pm


Arresto Menor
being a co-maker in case like this where there is no written contract, the co-maker is still liable? just want to clarify sir.. thanks

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