Pwedi ba nato makiha ang tao ug swindling and estafa if...?

[bridz_2006]

---

Mga brod ug mga sis, labi na sa mga suheto ug balaod, ask lang ko sa inyong tambag,
pwedi ba nato makiha ang tao ug estafa if wala koy documentary evidence na ang usa ka tao, naka utang nako ug money?

Actually, naa koy friend, in fact best friend ni nako, nag sabot mi na mag negosyo ming duha, while i'm outside the country, cge ko niya ug padala ug money para ipuhunan sa amo gikasabotan na negosyo, cge lang sad ko padala but wala mi gipirmahan na papers. after 3 years wala man jud madayon ang among negosyo na gikasabotan, ako syang gi paningil na i uli nalang ako puhunan but it seems that he doesn't want to pay me back anymore. I told him even half lang after all we are best friend but still he refuse to pay me, instead call me names and said i'm a fool and then after all the argument, he disappear.

I'm so sad and desperate to get my money back especially that wala mi gipirmahan, but the only evidence
I had is that, the transaction slip and the bank to bank transfer which shows that I really tranfered money from my bank account to his bank account.

My question is, can I use this as my evidence? and is there any possibility that if ever I filled a case against my friend, do you think I will win? and unsa man na mga kaso akong i file sa iya? is estafa and swindling possible?

I trust him very much 'cuz his my best friend that's why wala lang ko magduha2 ug ask niya na papirmahon sya.
What will I do and pls help me... Any good lawyers here, pls pm me....

[Lissa]

Mura ug pwede ka ka file ana ug estafa kay there was misappropriation of money to your prejudice. The bank deposit slips could be used as evidence to prove his receipt of your money. Ang imo na lang problema is how to prove nga naa moy kasabutan nga mag negosyo and the money you sent was intended for that business. Maybe naa kay laing mga documents that would show circumstances pointing out your intention to do business. Pwede ra man pod siguro oral testimony nimo and other credible witnesses. Most importantly, you need to prove that indeed he had the intention to defraud you. About your question if you would win the case if ever, well, kabalo na bitaw ka sa atong judicial system diri *zip* Depende na sa imong ebidensya, sa imong abogado, sa iyang depensa, sa iyang abogado ug labaw sa tanan, sa Huwes

Ka faet baya nimo bai. Best friend pa jud. Lami baya ana ipakaon sa iho oi.

[bridz_2006]

The sad thingi is, I don't know how to communicate him anymore cuz his not replying my mail and all my call was rejected. I give him almost $125k and it's a big thing to just forget right?
Actually, i'm not Pinoy and he is not either he just married cebuana . But my concern is, it's ok if he will not pay me anymore 'cuz that's not possible right now, I just want to make even with him and maybe annoyed him. Maybe putting him into trial will be enough to make him sick?

[kamikaze426]

Thats possible but are you willing to spend more than the amount your friend owes you just to put him in trial?

[Onins]

125,000 US dollars? wow that's a lot of money? how did you communicate before? person-to-person? you dont have any other form of correspondence?

[kamikaze426]

$125k d i ni, dako2x gyud d i, wala ko kabantay sa "K" hehehehe... Goto Court nalang gyud...

[Lissa]

125K? Toinks!

File a crim case against him. If you think he will have difficulty in paying you a single cent and you just want to get even, dont get a private prosecutor. Just let the public prosecutor handle the case. File a hold departure order with the BID or probable ask for his deportation whichever will inconvenience him more.

[jungie]

dako dako jud 6M if in pesos

[Master_Lampa]

Art. 315. Swindling (estafa). — Any person who shall defraud another by any of the means mentioned hereinbelow shall be punished by:
1st. The penalty of prision correccional in its maximum period to prision mayor in its minimum period, if the amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos, and if such amount exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each additional 10,000 pesos; but the total penalty which may be imposed shall not exceed twenty years. In such cases, and in connection with the accessory penalties which may be imposed under the provisions of this Code, the penalty shall be termed prision mayor or reclusion temporal, as the case may be.
2nd. The penalty of prision correccional in its minimum and medium periods, if the amount of the fraud is over 6,000 pesos but does not exceed 12,000 pesos;
3rd. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period if such amount is over 200 pesos but does not exceed 6,000 pesos; and
4th. By arresto mayor in its maximum period, if such amount does not exceed 200 pesos, provided that in the four cases mentioned, the fraud be committed by any of the following means:
1. With unfaithfulness or abuse of confidence, namely:

(a) By altering the substance, quantity, or quality or anything of value which the offender shall deliver by virtue of an obligation to do so, even though such obligation be based on an immoral or illegal consideration.
(b) By misappropriating or converting, to the prejudice of another, money, goods, or any other personal property received by the offender in trust or on commission, or for administration, or under any other obligation involving the duty to make delivery of or to return the same, even though such obligation be totally or partially guaranteed by a bond; or by denying having received such money, goods, or other property.
(c) By taking undue advantage of the signature of the offended party in blank, and by writing any document above such signature in blank, to the prejudice of the offended party or of any third person.



i hope it will help you.. i try to research for you some of the relevant estafa/swindling jurisprudence just for you... but for now i am so so busy but in due time i will research it for you.. just keep on updating lang here in istorya id be glad to help people esp those who are defrauded!! take not also of the date of the last transaction that you had dealt with him coz PRESCRIPTION may arise in this case..

so to my assessment you have a fight in this case given the facts you have stated... but we'll see and research some of the jurisprudence to ensure the chances.. and just hire it a provincial fiscal for its a public prosecutor and ikaw nalang sad bahala ana niya kay syempre taw sad raba japon na nanginahanglan japon ug kwarta.. so gather nalang your witnesses and take all their depositions unya if naa kay nahibaw-an nga real property ana niya file ug NOTICE OF LIS PENDENS ana stating your claims against the owner.. ask lang sa certified lawyer ana jud kay mas sweto jd to cla.. gudluck and God speed!

[bridz_2006]

Yes, maybe a public prosecutor 'cuz I don't have so much money anymore to go to trial, besides i'm not in Philippines right now, I have only one Filipino friend who help me and suggested me that maybe I should bring this to court and she serves as my representative..