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Can I file BP 22 and Estafa at the same time or separately?

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Arresto Menor

A friend bought 2 machines that we got from USA. We had a Bill of Sale but he will pay on the basis that the machine will be sold as well to another buyer (in other words he buys and sells) He paid for the 1st machine that was sold to another buyer. He paid us thru check and the rest in PDCs. The subject check that bounced amounting to PHP 361,000 was issued Oct. 4, 2012. Reason for return was No Sufficient Funds. However, i lost the returned check and instead got a certified copy from the bank. Will this suffice? Or I really had to present the original check?

Another is, can I also charge him with estafa because up to now, he hasn't paid for the other machine that is amounting to 20,000 USD. It's stuck in his warehouse. We offered to get it back but he wanted us to pay him 300,000 for the rigging, refurbishing, and all. It wasn't part of the sale. It was on "as-is where-is" basis. Besides he still owes us he amount that bounced.

What can we do at this point in time please. He didn't communicate with us anymore. He said he's bankrupt etc. But he has other businesses. We sent him demand letters even the final notice. Thank you.

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