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BP 22 and Estafa

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1 BP 22 and Estafa on Thu Mar 31, 2011 6:54 pm

naipadtu


Arresto Menor
Ms. X owes me 55k in cheque for the money she loaned from me amounting to 50k. And since I was able to deposit the cheque she issued within the 90 days it seems that I can file a criminal charge under BP22. The cheque was issued Jan 2010 and to date I haven't filed any case to the court. Just finished Barangay hearing on 21st of March 2011 and I was given a Certification To File Action. I already sent a Demand Letter and got the Registry Return Slip. There are two questions I'd like to ask.

First, what is the prescription period so that the posibility of winning the criminal case is grater?

Second, can I also file a Stafa case after going through the Barangay hearing again and sending Demand letter again?

Thank you very much

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2 Re: BP 22 and Estafa on Thu Mar 31, 2011 7:43 pm

attyLLL


moderator
if this is a loan, i would not agree that this is estafa, but bp 22 definitely counts.

my concern for you is that previous cases state that for a criminal case to prosper, you need conclusive proof that the notice of dishonor was personally received by the accused. a registry receipt is not enough.

did they appear at the bgy mediation? why no settlement?

prescription is 5 years.

i do not recommend estafa; most fiscals don't agree that there was deceit from the very beginning.


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3 Re: BP 22 and Estafa on Fri Apr 01, 2011 3:59 pm

naipadtu


Arresto Menor

On the first summon, Ms. X's business partner appeared but no settlement. On the 2nd summon her maid, 15 years old (so she claims she is) informed the Bgy. Secretary that Ms. X is out of town and on the 3rd summon Ms. X did not show up at all. The Bgy. Secretary was also surpised bec. Ms. X usually appears on the third hearing. Bgy. Secretary knows this bec. Ms. X is a usual client of the barangay.

My problem then is, if I can't get Ms. X to sign the Demand Letter, is the 3 counts of Barangay summonses enough to prove that Ms. X was informed that she will be facing BP22? After all the Barangay Secretary's summon is about the BP22.

Thank you very much.

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4 Re: BP 22 and Estafa on Sat Apr 02, 2011 12:30 am

attyLLL


moderator
there is no previous case that will support that theory. it is indeed very hard to serve a notice of dishonor for bp 22 purposes. go ahead and file your bp 22 and argue it.


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5 BP 22 progress on Wed Jun 20, 2012 2:19 pm

naipadtu


Arresto Menor
Thank you for your advise to pursue the case.

The judge issued an arrest warrant to Ms. X. My question is, should Ms. X was arrested and files bail for three thousand and won't still show up in court will the cycle repeats again indefinitely?

But before that, is the arrest warrant enough to search her house in case the police goes to their house and serve it?

What if she's not around does it mean that technically Ms. X is still not aware that there is case filed against her?

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6 Re: BP 22 and Estafa on Sat Jun 23, 2012 2:40 pm

attyLLL


moderator
was she really arrested? if not, bring a certified true copy to the police station nearest her house.


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7 Re: BP 22 and Estafa on Fri May 31, 2013 4:10 am

I_felt_deceived


Arresto Menor
May kumare ako na nangutang sa akin ng 10k. Sabi nya, ipapambili nya daw ng additional unit ng coffee maker vendo machine. In return, bibigyan nya ako ng 1k every month. At the same time iniwan nya ang atm ng husband kung saan pumapasok yun allotment nya para daw magtiwala ako na hindi nya ako lolokohin. For about four months, tumutupad naman cya sa usapan and every payday, hinihiram nya yun ATM para iwithdraw pera ng husband nya. On the 5th month, nanghiram cya ulit sa akin ng 30k.. pambili daw ng motor para sa pagdeliver ng tubig sa water station para lumaki din ang kita nun.. Sabi nya maghuhulog cya weekly at in two months time, huhulog hulugan nya yun 30k at iinteresan. Gumawa kami ng kasulatan at nag-issue cya ng walong check sa akin worth 4500.00 each. On the first week, nagbigay cya sa akin ng 4500 tapos dinala nya din sa akin yun isang kaibigan nya na may-ari ng van na pampasada. Bago daw ang van nya at kailangan ng upuan pati kulang yun pambayad sa rehistro. Humiram din ng 40k at ibabalik within three months, interesan ko na lang daw kasi kikita naman yun dahil maipapasada na. Nagissue ng anim na cheke worth 8667 each payable every 15 days. NAgpadagdag pa cya ng additional 10k at nag issue ng dalawang cheke worth 5500 each.

SAmakatwid, may utang na 40k ang kumare ko at 50K ang friend nya. Wala naman ako nakitang motor para sa water station. Yun van naman.. dinala daw sa province kasi dun naman talaga ang nakuha nila linya.

Unfortunately, nagkamalas malas daw sila, kesyo laging nagkakasakit ang anak, namatayan, trinangkaso.. hinika etc. kaya nakiusap na huwag ko muna ipasok yun mga cheke.. mag-abot na lang daw muna sila ng interest. Nakapagbigay naman sila sa akin ng interest for like one month.. tapos wala for two months then interest ulit after one month tapos wala na naman. inintindi ko naman sila.

At the same time, hiniram nung kumare ko yun atm ng husband nya kasi dumating since seaman yun. Hindi nya naman ako nabayaran kasi inuna daw ng husband nya yun bahay. At ang atm ay pinalitan nya ng ibang card kasi nagpalit daw ng agency itong si husband.

After sometime, iniiwasan na nila ako.. minsan hindi na sinasagot ang tawag ko. So, ipinasok ko na ang mga cheke kasi baka ma-stale check na. It turned out, closed account na pala. At nalaman ko din na yun atm ng kumare ko ay nakasanla sa iba at ang atm na nasa akin ay savings account lang.

KAnina, siningil ko ulit yun kaibigan nya.. as usual nagdadahilan na naman. Ang sabi pa nun mapag-usapan namin yun talbog na cheke na. wala daw cyang talbog na cheke kasi closed account yun. NAsabi nya na daw sa akin na closed account yun eh wala naman ako maalala. Besides, ang sinasabi nya sakin na closed account ay yung ibang cheke nya at hindi iyon. Otherwise, kung alam ko, dapat sinabihan ko sya mag-issue ng panibago check.

Ano ba ang puede ko gawin sa mga ito? Sila na ang may utang.. sila pa ang matapang..

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8 Re: BP 22 and Estafa Today at 10:23 am

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