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Is a written contract required for it to qualify as a case of estafa?

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chelsae


Arresto Menor
I have contracted a local resident of our province to do a sort of carpentry works in our house. They call it straight contract i think since they will require a payment and they will be the one in charge of the labor and materials. There are 2 separate projects on the said contract, the first is the finishing of the concrete framing of the window (which is already done and payments are already settled) and the other one is the aluminum window frame which is not yet done. Its been almost 2 months since i gave him the money amounting to P27,000 (P25,000 for the initial downpayment and he asked an additional P2,000 when the concrete frame was finished)for the aluminum window frame. Said amount according to him is for the materials of the frame. Total amount of the contract is P37,000 and the balance of P10,000 will be given upon completion of the project. We agreed to have the project done in about 1 week from the time the concrete frame is done. Before the 1 week period, I have been constantly with him to follow up the project and he said it's almost done. The 1 week period comes and he did not deliver the aluminum frame since his worker is not available. I gave him another 3 days to deliver but was not able to. The act keeps on repeating in a month. I was about to cancel the contract but he ask to deliver it in about a week. I again agreed since the money is with him. After a week or two, he failed to deliver again despite several follow ups and calls and sometimes he is already out of reach. I plan to file a case but im afraid since we dont have a written contract. I have a few of our conversations thru texts. What would be my remedy to be able to get the money I which I gave to him? Thanks in advance for any advise you can give me.

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attyLLL


moderator
in my opinion, this is not good for estafa. you may want to consider a small claims case instead. rules on sc.judiciary.gov.ph


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cheche27


Arresto Menor
gud am ask ko lang po pano ko po ba malalaman na hindi na nila tinuloy ang kaso after nlang mag file ng motion for reconsideration and it still denied?thank you po

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