Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password

You are not connected. Please login or register

Estafa case: Filed by a former employer

Go down  Message [Page 1 of 1]

1 Estafa case: Filed by a former employer on Tue Jan 11, 2011 9:16 pm


Arresto Menor
My husband went awol in his job beacuse his employer intentionally hold his salary for two mos in connection they say to the investigation they're conducting, with regards to my husband's alleged unremitted collection to their office.

My husband worked as a liaison officer in a construction co. and part of his job description includes attending bidding and collecting payments in diff. agencies but most always in particular DPWH. As others may not aware of it, bidding proj. in that agency is usually "pre-cooked" even before the bidding starts. In short, the said bid winner already arranged certain amount due to the other co-bidders with a respected percentage depending on how much allocated budget the proj.costs. It is also known as "areglo" and in my comprehension is illegal. Since he collects "areglo" from the taker or Bac chairman in that agency, the collection sometimes amounted more than what his company had computed and that excess amount had also been traditionally kept by him as taught by his co-liaison in his office who had been practicing this even before he was hired in that company.

Sometime in April 2010, these practices leaked in their office resulting to investigation and pending salaries to all of the liaisons including him. The company computed and speculated amounts that they might have incurred during their past bidding transactions. They were forced to make an apology/confession letter together with a promissory note and not letting them leave the office until they are done with those.
Several days after that they were brought
to the NBI office and some of his co-liaisons affidavits were used against him stating that he pioneered those practices.

Since he's not getting salary for two months(April/May-2010), he decided to leave the office.(AWOL) His employer filed a Estafa case against him and presented those affidavits made by his officemates but without affidavits coming from the DPWH agency confirming as to did they really released those stated amounts his employer is accusing him. As adviced by his PAO Atty. he did not submit a counter affidavit convincing him it would prevent the other party from knowing his defense.
One month after the subpoena the
resolution arrived and the prosecutor said that there is a probable cause against the respondent.

Please I would like to know Mr. Moderator if my husband have a chance to win this case. By the way the amount he's being accused of is 94,000php. If ever he'll be convicted can he apply for a provision?

Thanks much! looking forward for your reply.. :-)

View user profile

2 Re: Estafa case: Filed by a former employer on Sat Jan 15, 2011 9:17 am


that was seriously bad advice not to file a counter affidavit. I seriously recommend that you at least file a complaint in the office of the PAO chief. not filing a counter affidavit makes you look guilty! even if he doesn't have to reveal any additional evidence against himself, he can at least point out the flaws in the arguments of the complainants.

your first concern now is bail. what is the recommended amount? what article and paragraph no. of estafa (Art. 315 or 316 par (?)) is he charged with.

[i] Visit our FB Page: FOR MORE LEGAL ADVICE  
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum