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Estafa against employee

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1 Estafa against employee on Fri Oct 21, 2016 3:36 am

Stressed_out


Arresto Menor
Hi,

I would like to know if my employer can file a case of estafa against me because I still have the "myphone" mobile phone that was assigned to me when I was still employed.

They are harassing me about it. The only reason I wasn't able to return it is because I was already working in a different company.

If I return the phone by mail would that be alright? It would be impossible for me to go back to that office because I was already assigned to a different Area very far from Manila.

Hope to hear from you the soonest.

Thank you.



Last edited by Stressed_out on Fri Oct 21, 2016 3:37 am; edited 1 time in total (Reason for editing : wrong spelling)

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2 Re: Estafa against employee on Fri Oct 21, 2016 5:48 am

council

avatar
Reclusion Perpetua
Not estafa.

It's qualified theft. And may have heavier penalties.

If you return the phone by mail there is no guarantee that the company will receive it.

Go find someone in Manila you trust who can receive the phone via mail then can personally give the phone to the employer.

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3 Re: Estafa against employee on Fri Oct 21, 2016 9:42 am

Stressed_out


Arresto Menor
Thank you for your advice.

God bless.

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4 Re: Estafa against employee on Fri Oct 21, 2016 9:56 am

lukekyle


Reclusion Perpetua
make sure pa pirmahan na receive nung tao sa company yung phone.

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5 Re: Estafa against employee on Fri Oct 21, 2016 10:19 am

Stressed_out


Arresto Menor
Yes, thank you. Smile
I really hope after this, they will leave me in peace.

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6 Re: Estafa against employee on Fri Oct 21, 2016 6:02 pm

HrDude


Reclusion Perpetua
Its actually ESTAFA. Since both material and juridical possession have been transferred, misappropriation of the same property constitutes Estafa.

Since you said that the phone was 'assigned' to you, there is knowledge and consent from your company that you hold the phone. As such, not only do you have the material possession of the phone but the Juridical Possession as well.

Theft and Qualified Theft (with Abuse of Confidence) connotes the existence of material possession only.

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7 Re: Estafa against employee on Fri Oct 21, 2016 6:41 pm

Stressed_out


Arresto Menor
@HRDUDE

If I return the phone, can I ask for an acknowledgment receipt then they will not file a case of estafa against me?

yeah, i did not steal the phone. but i know mali ko na hindi ko agad isinoli. i didnt think that they would go crazy for a mobile phone na i think mga 500 pesos lang.

if they filed a case tapos naisoli ko na, anu po pwde ko gawin? i am just thinking na baka nai file na nila, e isosoli ko pa lang...

also, sa mga ganito po ba ano po ang punishment?


thank you po..

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8 Re: Estafa against employee on Fri Oct 21, 2016 8:11 pm

HrDude


Reclusion Perpetua
Stressed_out wrote:@HRDUDE

If I return the phone, can I ask for an acknowledgment receipt then they will not file a case of estafa against me?

yeah, i did not steal the phone. but i know mali ko na hindi ko agad isinoli. i didnt think that they would go crazy for a mobile phone na i think mga 500 pesos lang.

if they filed a case tapos naisoli ko na, anu po pwde ko gawin? i am just thinking na baka nai file na nila, e isosoli ko pa lang...

also, sa mga ganito po ba ano po ang punishment?


thank you po..

Well, to protect yourself, i definitely advise na papirmahin mo ng receiving doc yung tumanggap ng item kung isasauli mo ito.

-If they filed a case tapos naisoli ko na, anu po pwde ko gawin? i am just thinking na baka nai file na nila, e isosoli ko pa lang...

E di ipakita mo yang receiving copy mo na pirmado ng taong tumanggap ng item.

Baka nai-file na nila? E wala ka ng magagawa kung nai-file na ang kaso laban sayo kundi ang harapin na lang ito.

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9 Re: Estafa against employee on Fri Oct 21, 2016 8:50 pm

Stressed_out


Arresto Menor
thank you po.

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10 Estafa case against employee on Sat Oct 22, 2016 11:14 pm

Rhizacamba


Arresto Menor
Hi atty. ,
Sales staff po aq sa kata cellphone. Wala po cla paninda na accessories like flipcover and tempered glass. So yung supervisor kopo namili po ng flipcover at glass sa baclaran. Legal po ba na dalin sa presinto ang supervisor ko na nahuli ng manager namin at hingan ng 16k para iurong ang demanda nya. At kmi po na mga kasama sa kiosk at nagbenta din ay makasuhan din. Ngayon po nakakulong ang supervisor ko kinasuhan ng estafa

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11 Re: Estafa against employee on Sun Oct 23, 2016 8:45 pm

HrDude


Reclusion Perpetua
Rhizacamba wrote:Hi atty. ,
Sales staff po aq sa kata cellphone. Wala po cla paninda na accessories like flipcover and tempered glass. So yung supervisor kopo namili po ng flipcover at glass sa baclaran. Legal po ba na dalin sa presinto ang supervisor ko na nahuli ng manager namin at hingan ng 16k para iurong ang demanda nya. At kmi po na mga kasama sa kiosk at nagbenta din ay makasuhan din. Ngayon po nakakulong ang supervisor ko kinasuhan ng estafa

Nahuli? ano ginawa niya? base sa kwento mo e namili lng?

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12 Re: Estafa against employee on Sun Oct 23, 2016 9:50 pm

Rhizacamba


Arresto Menor
Nahuli po na nagbenta ng sariling paninda at hindi po iyob paninda ng company

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