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ESTAFA !!!

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1 ESTAFA !!! on Wed May 25, 2011 6:32 pm

reyanramos


Arresto Menor
Hi guys,


I have a problem regarding an unknown estafa case here in Imus, Cavite. Just now i went to monumento to renew my n.b.i clearance, but i was shocked when they told me that i have an existing estafa case back in RTC imus, it was filed last april 21, 2008. I have no knowledge about this. Can someone explain to me what is estafa? And in case i did something wrong how can i clear my name and what possible thing i must do? Thank you in advance !!!

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2 Re: ESTAFA !!! on Fri May 27, 2011 1:22 pm

attyLLL


moderator
you first have to visit the RTC in IMus to clarify whether it is really you. you may just have the same name as the accused.


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3 Re: ESTAFA !!! on Sat May 28, 2011 7:01 pm

binibiningpulis


Arresto Menor
Under Art 315, the maximum penalty for the person guilty of estafa is prision correctional with a maximum period of 6 years. And if the amount of the fraud exceeds 22,000 pesos the person shall suffer a penalty of addtl 1 year for every 10,000 pesos but which shall not exceed 20 years. My question is why is it that there is no fine imposed upon the guilty person?What about the loss incurred to the victim?I suppose a person who is criminally liable is also civilly liable. Atty, can you please provide me with references that shows that the guilty has to pay the damages incurred to the victim.Thanks!

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4 Re: ESTAFA !!! on Sat May 28, 2011 8:13 pm

truthseeker


Arresto Menor
ang alam ko kapag meron kang "hit" sa nbi clearance mo, or meron kang kaso.. invite ka for interview nung chief or basta ung mataas ang position sa nbi, to clear kung ikaw nga yun or hindi.. just like what happened to me.. nung nag renew ako ng nbi clearance.. biglang for interview daw ako.. then tinanong ako ng parang agent nila sa office kung bakit daw hindi ako nag attend ng hearing.. and i was like "whaatttt?? anong hearing??" tapos tinanong ko kung san na -file, sa malabon daw.. i was asked kung tumira ba daw ako dun, all my life hindi.. dahil sa province kame ever since.. and yung spelling ng last name hindi pareho, "z" ung nasa last letter, "s" yung sa akin.. so i really denied.. tinanong ko pa kung anong case yun, hindi daw nya alam dahil yun lang ang pinasa sa kanila.. after that, meron lang pina sign na affidavit sakin stating na hindi ako ung taong tinutukoy dun, and explaining bakit hindi ako yun.. and i was able to get my clearance na..

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5 Re: ESTAFA !!! on Sat May 28, 2011 11:38 pm

attyLLL


moderator
bbpulis, i see you are about to become a law student. once you take up criminal procedure, on of the basic tenets is that the civil case is deemed instituted with the criminal case.


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6 Re: ESTAFA !!! on Mon May 30, 2011 8:34 pm

reyanramos


Arresto Menor
for example po ba sa makati nangyari ang estafa pwede sa imus naka file? m,ay ganun po ba ksi po di naman me tga imus

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7 Re: ESTAFA !!! on Thu Jun 02, 2011 8:05 pm

attyLLL


moderator
criminal cases should be filed where the elements of the crime were committed. just check with the imus court.


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8 Re: ESTAFA !!! on Fri Jun 03, 2011 10:41 am

binibiningpulis


Arresto Menor
I see.. Thanks Atty..Actually I have friends who are on the process of filing a complaint for the crime of Estafa that is why Im trying to read on things regarding estafa...There are about 30 persons who are victimized by a certain person and it involves a money worth of 3.5 million in separate transactions.the problem is some of them lost their bank receipts and some have not signed a contract with this person...however, there are still some victims who were able to secure a contract with her, fictitious contract and breach of contract..after months of unsuccessful negotiation with her,they found out that this person has a standing warrant of arrest for estafa,therefor, this person clearly has a deliberate intent to defraud my friends during the time she was having a business transaction with them.what shall they do about it?can the complaint of others who have evidence will suffice the complaint of others who have no evidence?eh ung biniktima niya ay isang grupo lang pero iba ibang circumstances pero same business transaction with her..

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9 Re: ESTAFA !!! on Fri Jun 03, 2011 10:46 am

binibiningpulis


Arresto Menor
i would like to ask too if admissable ba ung gathering info by one victim sa mga other victims, and that gathering of info through personal and telephone conversation lead to the conclusion that an amount of 3.5million has been received by the estafador..that info is contained in the complaint affidavit...

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10 Re: ESTAFA !!! on Fri Jun 03, 2011 11:30 am

attyLLL


moderator
if there is an outstanding warrant, then arrest her now.

for the other persons, i would advise that they consider a joint complaint for large scale estafa, but if i were representing one of the complainants, i would file my individual complaint.


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11 Re: ESTAFA !!! on Fri Jun 03, 2011 2:36 pm

binibiningpulis


Arresto Menor
ang sbi kc ng pulis,they are waiting for my friends' complaints because hindi daw bailable tong large scale estafa..the case filed againts her is bailable wherein she has a WOA..sort of strategy..is that possible atty? the suspect has enough money to bail..can they also implead her daughter as an accessory?kc it was her daughter who introduced one of my friends to her mother..then things went on just like a domino effect..now,they believe that her daughter is staying with the mother and logically, the mother provides for her daughter..which means the daughter is profiting from the fruits of the crime..

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12 Re: ESTAFA !!! on Sat Jun 04, 2011 2:20 pm

attyLLL


moderator
you can implicate the daughter but try to show that she made some convincing also, not just introducing.

what are your friends waiting for.


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13 Re: ESTAFA !!! on Fri Jun 17, 2011 9:06 am

rhandz831


Arresto Menor
good day!

i need your help atty. regarding bounced check. meron humiram sakin ng pera last november 2009 worth 300,000.00 pesos. ang agreement namin babayaran nya ko with the interest of 30% per month plus the principal. last april 4 2011 nag issue sya sakin ng check worth 1,100,000.00 saka humiram ulit ng 50,000 cash. unfortunately nung wiwithdraw ko na yung pera sa bank wala palang pondo. ano po ang pwede ko gawin na action regarding this matter?

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14 Re: ESTAFA !!! Today at 5:56 pm

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