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Estafa- rental contract and Hold departure order

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lexus512


Arresto Menor
I am the owner of a condo unit and I rented it out to an Austrian national with Filipina girlfriend. I have a notarized rental contract signed by the Austrian dated Dec 31, 2010. After 3 months of stay, the leasee failed to pay and eviction from the premises followed. A total of P47,000 was left unpaid for Meralco, rental and damages to furniture and fixtures. As collateral security supported with promissory note, the leasee left behind hi original passport. As such, I trusted in his promise that he will return and pay within 10 days. However, I did not receive any payments and the Leasee never communicated.
I called and wrote to the Austrian embassy in Makati to inform them of the estafa case I filed against the Austrian and his filipina girlfriend. In the 2 court hearings for estafa, the respondents never showed up.
I am praying for the case resolution so I can proceed to file a hold departure order. Please advise the merits of my case and my request for HDO against both respondents.

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attyLLL


moderator
to my mind, that is not estafa unless you can prove deceit existed from the very beginning.

nevertheless, you can request for issuance of a Watchlist order. it has the effect of an HDO, but good only for a max of 4 months.


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lexus512


Arresto Menor
When I filed my case at Manila City Hall, it was accepted to proceed as estafa because when he signed the lease contract, he moved in without full payment of required 2 mos deposit with a promise of giving it in a few days. After 3 mos of sta, he defaulted in his monthly rent, and never paid the pending deposit required. Also, when he was evicted, he left as security collateral his original passport and promissory note to pay all dues and damages to property.
Please advise if the circumstances merit an estafa charge and how and where do I apply for a watchlist? Can I request a watchlist even pending the case resolution?

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attyLLL


moderator
my opinion is the same. this is a case proper for collection, but not estafa.

a wlo is applied for at the doj


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