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RA 9262 and Estafa?

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1 RA 9262 and Estafa? on Fri Dec 31, 2010 6:27 am

hernandez


Arresto Menor
I had a foreigner live in partner who hurt me for three times. I have a medico legal certificate stating that my healing period is five days. I first asked for the barangay officials help and we took him to the nearest police station. He was detained for some hours and after that, we decided to come up with an agreement that he will give me a financial help of 50,000pesos so I will not file a case against him. His ex wife helped him but she said she can only produce 20,000pesos that day and that they are willing to give the passport and other documents to me. The remaining 30,000pesos will be given the day after. The three of us signed in front of the police on the said agreement. After that, he was released.

The day after, when I was texting them to get the remaining 30,000pesos they are not replying anymore. I asked the police to call them, they are also not answering the phone. In short, they don't have plans giving the remaining 30,000pesos anymore. Because they fooled me again after they pleaded to me to come up with an agreement and I humbly agreed, I finally decided to file a case against my live in partner. I took my two witnesses and other evidences to the police station to come up with statements. We are going to file it on the prosecutor's office on Monday because of holiday seasons.

I just want to ask if I have a chance on this case. When he signed the agreement, it only means he is admitting the crime, isn't it? Also, what case can I file to the both of them when they did not follow the said agreement? Will estafa case apply on that one?

Looking forward to your reply. Smile

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2 Re: RA 9262 and Estafa? on Fri Dec 31, 2010 4:35 pm

attyLLL


moderator
it is not a crime not to pay the debt, but it allows you to continue with the filing of the complaint. i would focus on the charge of ra9262. good luck.


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3 Re: RA 9262 and Estafa? on Fri Dec 31, 2010 4:48 pm

hernandez


Arresto Menor
Thank you.

Also, the five days healing period, is that valid for RA9262?

Another thing is, the ex wife is threatening me that she will file concubinage as counter charge because they are still legally married but her husband and I resided in one house. Isn't it her husband that will go to jail for concubinage? How about me as a concubine? What might happen to me? I already allowed her husband to return to his wife, will the concubinage case still prosper?

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4 Re: RA 9262 and Estafa? on Sat Jan 01, 2011 3:55 pm

attyLLL


moderator
5 days healing period makes it slight physical injuries in relation to ra9262.

you cannot prevent her from filing a concubinage case, but she has to include the husband. besides, the punishment for concubinage for the mistress is destierro, meaning you will have to keep away from the married couple.


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5 Re: RA 9262 and Estafa? on Sat Jan 01, 2011 7:23 pm

hernandez


Arresto Menor
That's good to know that it's only destierro. I don't have problem with that because I don't want to continue the relationship anymore. I just want them to comply with the agreement. Do you think the prosecutor will dismiss the case because we already have the said agreement?

Also, what is the punishment for slight physical injuries in relation to ra9262?

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6 Re: RA 9262 and Estafa? on Mon Jan 03, 2011 12:45 pm

attyLLL


moderator
it depends on what evidence you present and how it is presented. an agreement is not basis for dismissing a vawc case because it is not allowed to be compromised. punishment can be found on here: http://www.google.com.ph/search?q=ra+9262&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-a


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7 Re: RA 9262 and Estafa? on Tue Jan 04, 2011 7:12 pm

hernandez


Arresto Menor
Thanks for the reply, Attorney.

Just one more question. I still have his passport and other documents. There was an agreement that he will give the remaining 30,000 pesos in ex change of those documents. The three of us (me, him, and his wife) signed the said agreement. Unfortunately, they did not comply and I just recently found out that they are going to report it as lost to just get a new one. Can I go to the immigration or embassy to report that it serves as a collateral in an agreement? How should I handle this?

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8 Re: RA 9262 and Estafa? on Tue Jan 04, 2011 8:27 pm

attyLLL


moderator
well, you can report to them that the passport is with you, but as collateral, technically it is property of the government that issued it. try sending a letter to them with return card which explains why you have the passport. though i'm not sure what they will do with the information


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9 Re: RA 9262 and Estafa? on Tue Jan 04, 2011 8:46 pm

hernandez


Arresto Menor
Will an attorney can write the letter instead? I think they will give more attention if it's like that.

What's your contact information? Please give it to me if you're interested. Smile

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10 Re: RA 9262 and Estafa? on Thu Jan 06, 2011 11:56 am

attyLLL


moderator
sent you a private message


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11 Re: RA 9262 and Estafa? on Sat Mar 30, 2013 5:43 pm

Janneth


Arresto Menor
Good day. Gusto ko l;ang po malaman amg meaning ng estafa. Nagka utang po ako sa taong nag 5 5-6. Nang hindi na po ako mka bayad ay tinatakot po ako na kakasuhan ako sa korte ng estafa. wala naman po ako inissue na tseke sa kanya. Sana po ay matulungan niyo ako sa usaping ito.Salamat po.

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12 Re: RA 9262 and Estafa? Today at 9:59 am

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