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What should we file?

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1 What should we file? on Thu Sep 11, 2014 6:00 pm


Arresto Menor
1. An employee who went AWOL created fake employee salary loan documents using the company's name. The document we found is a soft copy so it's unsugend and we have no idea what it was used for. It was found on his email account left on a company phone he used. What can we file against him?

2. Said employee also borrowed money from several people -- ranging from 500 to 10,000 pesos. Can we file an estafa case even though the agreement to pay back was only verbal and that no written document was signed?

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2 Re: What should we file? on Thu Sep 11, 2014 9:34 pm


Reclusion Temporal
fake salary loan documents are considered private documents. under the law, one important element of falsification of private documents is damage. kung walang damage sa inyo kahit pineke pa yan, malabo ang kaso.

estafa may be proved by testimonial evidence. kahit walang documents basta may witnesses, pwedeng kasuhan. pero ang complainant should be the victims themselves. you cannot file the case on their behalf.

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