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Estafa Case (daw)

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1 Estafa Case (daw) on Sun Aug 29, 2010 11:47 am

skyscraper_455465


Arresto Menor
I have a problem guys and i need your expert advices.

I owed money to a friend of my friend worth
..........Php11,000 only (last may 2008)

I paid her already
..........Php20,000 (october 2008)

and have paid another
..........Php6,000 (january 2009)

and this kind of transaction is we have a WRITTEN CONTRACT which is i am not aware of her computation

Since, I'm a person that doesn't like to be involved in any trouble or case stuff, i pay and pay so that she will not say anything to me. Without knowing that i still have a balance to her which is
..........Php32,000+++ something
(because of my late payment, although i paid her already Php26,000)

We had a confrontation before last september 2009 for the reason that i want to settle it rightaway coz actually she gave me before a Subpeona which was she cancelled it because i asked her i dont want to appear in the court and just settle it within the two of us not involving others....

Because of that confrontation, she ask me pay then Php10,000 only instead of my remaining Php30,000+++. I have to pay the Php10,000 on or before november 2009.

The problem was i didnt settle it coz after our confrontation, i asked an advice to a lawyer which was his advice to me is not to settle it because it is ILLEGAL...

By the way, the reason why i still have balance php30000+++ because its COMPOUNDED COMPUTATION which is an out of this world thing and also i am not aware of this.

Today, its 29aug2010-Sunday. She sent me again a Subpena yesterday (28aug10-sat)...that states that we will have confrontation in the city prosecutor on 31aug-tuesday....

The person by the way is not registered in SEC, BIR or not a lending firm. Shes just an ordinary creditor.

I've read it in OBLIGATION AND CONTRACTs,A CONCTRACT IS VALID IF THERE IS MEETING OF MINDS BETWEEN OBLIGOR AND CREDITOR HOWEVER if IT IS CONTRARY TO LAW, GOOD CUSTOMS, PUBLIC POLICIES, MORAL, THE CONTRACT IS VOID.

Since we have a writen contract,i believed it is invalid. What she did is illegal, immoral and unhuman.


I need an expert advice of this coz my lawyer is out of town and cannot be reached....PLease help me guys/sir/madam...


Thank you





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2 Re: Estafa Case (daw) on Sun Aug 29, 2010 2:50 pm

zulfikarl


lawyer
Jurisprudence has it that when the parties did not agree on a stipulated interest or when the interest agreed upon is unconscionable, the legal rate (12% per annum) shall apply in cases of forbearance of money (e.g. loan).

From the looks of it, I think you have already made an overpayment because the interest is so unconcionable.

If you are worried of a possible criminal prosecution, you should not be. Unless, there was "fraud" on your part, her only recourse is a civil case of collection for a sum of money.

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3 Re: Estafa Case (daw) on Mon Aug 30, 2010 11:38 am

skyscraper_455465


Arresto Menor
Thank you so much Sir/Mam for the quick reply.

I still have additional question.

When we have our last confrontation which was Nov2009, since I'm a person that doesn't like to be involved of case stuff, I made a request on her that instead of Php30,000+++, it will be Php10,000 then. She approved it and we had an agreement again that states like this:

"TRUST RECEIPT AGREEMENT"
Entrusted the amount of PHP10,000 to ..My Name.. for the purpose of purchasing of sacks of palay seedlings for delivery on/before Nov 15,2009.

Said amount will be returned within 30days if no sacks of palay be purchased without need of demand.

Done this 15day of sep2009 in xxxx city, Philippines.
------------------------------------

So we agreed each other.

That time, I'm so exhausted and very stressed and promised to myself that i don't want to be involved again in this trouble (although I'm not the one who made this trouble, she was the one).

Because we agreed each other to the payment, we ended our agreement there.

A day after, my colleagues in my work advised me not to pay this Php10,000 although we have an agreement already coz what i did was AN OVERPAYMENT ALREADY and what she did is BEYOND PUBLIC INTEREST. So that is why we asked an advise to a certain lawyer a day after i signed the agreement.

The lawyer suggested me not to pay this stuff coz its overpayment, and well just wait for her complaint/subpena again, then that is the time that he will give me a suggestion again. Since hes not around right now. I am here to grab this opportunity to ask an expert advise from you Sir/Mam.

My question:
1.Tomorrow will be our confrontation and i don't know that i am going to say. I need a script or something to say or a proof in a book or something so that she'll be threatened and will not disturb me again. I know I'm in the right position but I'm a person that doesn't know how to butt-in confrontation in-front of the City Prosecutor. I easily get nervous. Please help.

2.If she'll still insist, am i still going to pay this Php10k?or deliver seedlings only then? can i request lower amount?or not to pay even shell get angry with me?
(i am not a farmer nor a messenger, my profession is an airline ticket rep til now)

3. Is our Trust Receipt Agreement valid?

4. How am i going to stop her?

5. If i will pay, she'll do this again and again to others, i don't want others to experience this, i want her to learn a lesson from me and stop?I'm so angry with her coz aside of taking advantage of me, she stained my goodwill/name in the office because the time Subpena was sent to me, plenty of people were there, I'm so ashamed. She let me pulled down.



Sorry Sir/Mam for the long message.

Thank you and God bless!

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4 Re: Estafa Case (daw) on Mon Aug 30, 2010 8:03 pm

zulfikarl


lawyer
You should not have entered into the Trust Receipt Agreement. Do you know what it is? If you're not sure about anything, the prudent thing to do is gather information first before you get into it. I think you have compounded your problem several times over.

By entering into a Trust Receipt Agreement, you have made yourself vulnerable to a charge of Estafa. Section 13 of PD 115 (The Trust Receipt Law) provides:


Sec. 13. Penalty clause. The failure of an entrustee to turn over the proceeds of the sale of the goods, documents or instruments covered by a trust receipt to the extent of the amount owing to the entruster or as appears in the trust receipt or to return said goods, documents or instruments if they were not sold or disposed of in accordance with the terms of the trust receipt shall constitute the crime of estafa, punishable under the provisions of Article Three Hundred and Fifteen, paragraph one (b) of Act Numbered Three Thousand eight Hundred and Fifteen, as amended, otherwise known as the Revised Penal Code. If the violation or offense is committed by a corporation, partnership, association or other juridical entities, the penalty provided for in this Decree shall be imposed upon the directors, officers, employees or other officials or persons therein responsible for the offense, without prejudice to the civil liabilities arising from the criminal offense.



I suggest you hire a lawyer the soonest.

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5 Re: Estafa Case (daw) Today at 5:54 am

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