September 10, 2011-A friend loan from me Php 800,000.00. He proposed to return it 2.8M after 3 months. Although its quite imposible, I told him just the principal and some interst will do. But he issued a PDC amounting to Php 800,000.00 (post-dated Feb. 2, Feb. 7 and March 3 2011 with different amountsbut summing to Php 800,000.00) that same day I gave him the money without collateral.
After 3 months I never recieved a payment. And when the date of payment for the PDC, he kept on promising that he will just pay the amount using manager's check for the whole Php 2.8M. So, we never deposited the PDC until after 90 days. The checks were deposited after 90 days.
I investigated and discovered that all the stories that he made are all false. It turned out that the buyer of his lot is false. There was no such negotiations as what he claimed.
I talked to him and he admitted that he just fooled me. Saying: Tanga ka kasi!
He claimed that I can never file BP 22 kasi I deposited beyond the 90 day period. I told him , "dun ka nagkamali". We are after estafa and NOT BP 22.
Here is the summary of the bounced checks:
BANK DATE ISUED DATE DEPOSITED STATUS
Metro FEB 2 June 5 CLOSED
Bank Feb 7 June 5 Closed
bank March 3 June 5 Closed
PCI May 6 June 5 Closed
PCI May 6 June 5 Closd
As you can notice only 3 checks (P800,000.00) were deposited beyond the 90 days, but the 2 checks (1M) were deposited within the 90 days period)
Can I sue him for estafa for the checks deposited beyond 90 days and sue him BP 22 for the checks deposited within the 90 days?
I ned your advise. Thank you so much.