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criminal case turned civil

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1 criminal case turned civil on Mon Jul 04, 2011 12:10 am

boygeorge


Arresto Menor
i filed an estafa case which was dismissed because the prosecutor resolved it as civil case of unpaid loan basing on the document presented.

assuming the document presented is a loan in nature but what if it can be proven that the document is falsified, does this mean the loan agreement can be null and void thereby forfeiting any rights of the borrower to the loan???

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2 Re: criminal case turned civil on Sun Jul 10, 2011 9:31 pm

attyLLL


moderator
who falsified the document? why do you say it is falsified?


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3 Re: criminal case turned civil on Tue Jul 26, 2011 11:07 pm

boygeorge


Arresto Menor

I would presume the borrower falsified the document because

1. A name and signature of the supposed co-borrower of
the "loan" appears in the document but could not be
traced in the given address (no such name exist as per
barangay records and after barangay personnel conducted
a search of the person);

2. The name and signature of the borrower's husband
appears on the document as a consenting party but the
borrower, in her sworn affidavit, denied her
husband's knowledge of or involvement in the "loan".

I am planning to re-file the case, but are the above sufficient grounds ? if so, what is the appropriate case?

Thank you for the response....

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4 Re: criminal case turned civil on Tue Jul 26, 2011 11:18 pm

attyLLL


moderator
i think you are on the right track to charge falsification instead of estafa


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5 Re: criminal case turned civil on Thu Jul 28, 2011 9:38 pm

jessika


Arresto Menor
A magistrate's court at Ejisu has directed the police to turn a civil case against a chemical seller into a criminal case and institute criminal proceedings against him. The court presided over by Mr Noble Nkrumah gave the order when it was told that injections administered by Mr Mike Boamah, a chemical seller at Boankra on Madam Amma Oyinkah, a trader, has had serious effects on her as she now limps.However, Mr Boamah told the court that it was the complainant who forced him to administer the injection on her. Explaining the circumstances that led to his administering the injection, Mr Boamah explained that when the complainant approached him in his shop, he gave her drugs as first aid and asked her to go home but she refused.

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6 Re: criminal case turned civil Today at 10:27 am

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