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what would be the the criminal charge can file againts us?

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emp_03


Arresto Menor
That I am an employee of a detained person as an office clerk, who suffered maltreatment from him and his wife. As for revenge I made several cash withdrawal from my employers bank account without his knowledge, that amounted Php 1,031,000.00 in total by means of forging his signature and his son's signature as for his authorized representative. I made all the withdrawal successful because of the help of my cousin who works as bank officer that in-charge for approving, validating and confirming for withdrawal transactions on the bank where my employers account deposited. When my employer got released from jail, He discovered the fraud when he go to the bank to withdraw and to update the passbook he found out that the passbook entries was being manipulated and manually changed by deleting the unauthorized transaction made by us. So he the manager to immidietely conduct an investigation. then the bank show all the withdrawal transactions including the false withdrawal slips. he ask the manager to give him photocopy of the fraud withdrawal slips. I learned from my concerned co-workers that I’m the suspect and my employer directed his lawyer to prepare the complaint against me ang my cousin. What would be the criminal charge can file against me? is my cousin also liable for a criminal charges? should the bank can also file charge against him? and since the complaint is not yet filed are we can still be put for arrest?

Note:
* my cousin get the 50% from the cash withdrawn for every successful withdrawals as his commission.
*our last withdrawal was 2 ago since today
*my employer discovered the false withdrawals a week ago

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rchrd


moderator
You have put yourself in a very terrible situation. Your claim of maltreatment would never be acceptable as reason for your crime. It will just be dismissed as a lame and shabbily crafted excuse.

The prosecutor will consider any of the following against you:
1. One count of Estafa against you and your cousin for all of your actions;
2. One count of estafa for each of the withdrawal you and your cousin committed.

The usual practice is for the prosecutor to file the gravest charge against the accused and it is up to the accused to wiggle himself out of the mess so to speak. He might even look for other criminal charges that can be filed against you though i do not personally see a graver offense that can be proven against you based on the disclosed information.

The bank can file other cases against your cousin on top of the charge common between him and you. If they are really pissed against you and your friend, they can even file administrative charges against you or your friend at the Civil Service Commission (if you are government employees) and the Professional Reg. Comm. for the revocation of your licenses if you are licensed professionals. Of course, your dismissal from your work and the ban stain on your record are sure things already.

The only breather for you as of this moment is that at least you cannot be arrested until the prosecutor had filed criminal cases and the court have issued Warrants for your arrest.

I hope i did not scare you so much but those things are just the immediate effects of your failure to think rationally. There are more that will follow soon but i hope they won't. Fix your life dear.

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emp_03


Arresto Menor
thanks for your early reply sir.. i will also ask if there is a ground to charge me "qualified theft? im very afraid that the involved amount is more than two hundred twenty thousand plus that can be a non-bailable offense

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attyLLL


moderator
to my mind, this is not estafa or qualified theft. this is falsification because a falsified document was used to acquire the money and more falsification to cover it up. falsification has a much lower punishment.

if i were the employer, i would request the bank for the video surveillance.


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I also think this is not estafa but there is still the possibility that the prosecutor will appreciate it as qualified theft. Well, let's wait and see. sifone

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emp_03


Arresto Menor
is it still bailable? ask ko rin po kung anong magiging reklamo sa pinsan ko?
pero ang balita ko po ang banko ang inireklamo ng amo ko, hahabulin po ba ako ng bangko? salamat po

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attyLLL


moderator
it all depends on the bank.


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