Appreciate any advise regarding my problem stated below:
complainant is accusing me of estafa and large scale illegal recruitment, which is not true. I borrowed money to him (2M) and issued post dated cheques. Since I had problem with my business I was not able to pay him the total amount and some of the cheques bounced. Since my account was already depleted and closed, I paid him cash and ask him to return the cheques to me with the corresponding amount, which he never returned did. He is asking me to buy all the remaining cheques with a 50% interest rate. I was already paying the amount i borrowed plus the interest rate we verbally agreed before. If i buy back the remaining cheques it will be like paying him total of 4M in 6 months. He started to harass me and my family , knocking on our door with his gun, parking his car infront of our parking slot, shouting to me to pay him. I have witnesses and the guard on duty to back up my claim. I filed a complaint against him and 3 of his cousins in Barangay for harassment, and in there he returned 1 cheque and i thought everything was find because i promised to pay him the remaining amount and he will return the other cheques to me.
Now i receive a subpoena for preliminary investigation for estafa and large scale illegal recruitment filed by the complaint in one of the city in Mindanao. Both of us lived on the same building in one of the condo in Pasig and all the transactions when i borrowed money from him, when i issued the cheque to him as well as when he deposited the cheques in Metro Manila. The victim of large scale illegal recruitment are his 3 cousins, this cousins as well serves as his witnesses on the estafa complaint.
According to the sworn statements I went to this certain city in Mindanao to invite him to invest on my business and I enticed his cousins to work abroad since I told them that i have a recruitment business as well. I have never been to this certain city nor I have no idea how to go there.
I believe i don't have a fighting chance since the complainant and his cousins are this place and I fear for my life if I go there for the preliminary investigation and for the trial as well. This is all fabricated to get back to me for the harassment complaint i filed against him.
I have an alibi on both the dates stated on the statement of the complainant and witnesses.
1st meeting - i was preparing for the catering event i an doing for a friends xmas party. I have a lot of witnesses.
I also went to Wine story to by champagne and wine as requested by my friends boss for the guest and since the total amount is more than 10K, they gave me a privilege membership card with the date. I went to Gourdo's to buy additional wine glasses, I have the receipt. i have other proof, text messages with the coordination of the catering.
2nd meeting - I was renewing my lease contract for the building i am renting as a warehouse for my catering business tables, chairs , etc. Signed by the lessor and notarized by 2 notary public with that specific date. we were doing renovation as well of the building so i have signed receipts 1 week before the date of the 2nd meeting, I don't have receipt for the specific date since i was working on the contract and I did not buy any materials.
I fear that they are trying to get me by filing in their own turf a place that i have never been to and the witnesses fabricated their story that i enticed them to work abroad and took their money for processing and placement fee, not telling them what is the job offer or what salary they will get, no promises at all, but they just handed 235K to me and they said i took it.
if only i can post the sworn affidavits here by the complainant and the witness, you will see all the inconsistencies and there is malice on the statements, i cannot believe the assistant prosecutor accepted it and send me a subpoena.
So i guess they really want me to rot in jail because as I read large scale illegal recruitment is life sentence and no bail, and this certain city in Mindanao.
this are are my questions:
1. All witnesses and complainants ID attached on the affidavits are addressed in Metro manila, can i put these on my reply? it seems like they made the certain city in mindanao as the place where all the alleged transaction happened so that they can file it there and they know I don't have the means and I will be afraid to there to defend myself.
2. Can I file a case of perjury for the witnesses and the complainant for fabricating the story? So that i can use it as a defense for the large illegal recruitment case they will file if I will still not pay the complainant. They did not file it yet, they said on the sworn statement that they will file it only if I will not pay the amount that I still owe their cousin. It sounds to me like a threat, this has no basis and again I cannot believe the assistant prosecutor accepted this sworn statement.
3. Is there a possibility to transfer the venue to mutual ground? since we live on the same building in Pasig, why not file there. and the alleged victim of large scale illegal recruitment have their drivers licensed address in metro manila
4. I have a difficult time finding an attorney when i mentioned that certain city in mindanao, also my witnesses are hesitant when i mentioned the place as well. What can i do here and what is my options? I cannot trust the PAO in that city as I am already suspicious with the assistant prosecutor.
5. In case that the complaint against me will be dismissed, what are my legal options to file against the complainant and witnesses, as well as I am seriously thinking of filing a complaint as well with the prosecutor.
Any advice will be appreciated, I already spend all my money paying him up and I dont have the means to go to there if ever i will be summoned for the hearing
Last edited by shadow0219 on Fri Jul 19, 2013 5:15 am; edited 1 time in total (Reason for editing : remove the city name)