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estafa case

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1 estafa case on Sun Mar 06, 2011 5:50 pm

Dear Atty LLL
It is about the problem of my son. He was charged with estafa by his employer company for the settlement of the amount of P 286,000 for collectibles on empties and fulls (soft drinks)which he was unable to collect while he was in service with the company. He was a salesman. Some of his customers have closed stores while others refused to pay. Some of the cash were not remitted about 1/4 of the total amount. My son is jobless now and as a mother, am willing to help him for the sake of my grandaughter though i wonder where on earth shall i look for the money. I pleaded with the general manager (distributor)to give me time to help my son settle the amount but they wanted an immediate payment. I have other sons and daughters who are now in college and with a meager salary, it takes time and years before the said amount will be fully paid. They already filed the case and my son is required to appear with the Prosecutors Office on March 15 with the counter affidavit. Am willing also to help my son go to those customers who refused to pay to appeal to their conscience. The sad fact is, my daughter in law is also employed with the same company. Is the case of my son endanger also the employment of my daughter in law? My son has signed the documents confirming the unsettled amount because he was pressured by the general manager. Will my son go to jail if i cant settle immediately the amount? How many years is the expected penalty? If my son will go to jail, is he also obliged to pay the amount inspite of his serving his prison term? Please help me. I cannot sleep nor concentrate anymore, i am greatly bothered. My son is only 29 years old. Thanks.



Last edited by remediosregacho@yahoo.com on Sun Mar 06, 2011 5:57 pm; edited 1 time in total (Reason for editing : use of tense)

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2 Re: estafa case on Mon Mar 07, 2011 6:52 pm

attyLLL


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let's please be clear, what he was not able to account for were delivered softdrinks which the customers DID NOT pay for? I don't know what the agreement is between him and the company, but I would not think that is estafa. He has to prove that the soft drinks were delivered.

It would be different if he collected money, but failed to remit it and used it for personal uses. That would be estafa.


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