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Find a lawyer narrates the facts and supporting evidences. The lawyer will make the formal complaint or affidavit.
File the formal complaint or affidavit to the prosecutor office where you are made to sworn.
After that do not make any offensive statement against the respondent otherwise the latter might sue you of libel or whatever, just keep your mouth shot or if ever you cannot be very careful that you could not offense the respondent.
What else can I help you with?
A swindling case but not estafa?
w can i file swindling case to the person who not paying his loan money
When will estafa case non bailable?
The Estafa Case was deemed non-bailable by a court in Pampanga on October 5, 2012. The case stemmed from allegations of a scam where ghost buyers were put in place for Globe Asiatique.
Is estafa a civil case?
It is a criminal case.
How long does an Estafa case prosper in the Philippines?
It will take forever if you will file here in the philippines especially if you are not following up the case. The justice system here is terribly unsystematic. I was really disappointed that I lived in this country, it was so frustrating as well.
Is swindling can be considered as estafa case?
Yes, swindling can be considered estafa, because swindling is committed by a person who defrauds another by means of cheating or stealing. Estafa on the other hand is committed by a person who defrauds another by means of unfaithfulness or abuse of confidence. therefore Swindling and estafa is committed by means of "deceit".
Can a person can file estafa if it is a personal loan agreement?
Yes, a person can file estafa in the context of a personal loan agreement if they can demonstrate that the borrower had no intention of repaying the loan and committed fraud during the agreement. Estafa typically involves deceitful practices that lead to financial loss. However, the specifics can vary by jurisdiction, and the person must provide sufficient evidence of the fraudulent intent and actions. It's advisable to consult a legal expert for guidance based on the particular circumstances.
Where can I file a civil lawsuit to a person who committed a estafa?
To file a civil lawsuit for estafa (fraud), you typically need to go to the local court in the jurisdiction where the defendant resides or where the fraudulent act occurred. You may also choose to file in a small claims court if the amount involved falls within its limits. It's advisable to consult with a legal professional to ensure you follow the correct procedures and understand the relevant laws in your area.
Will you be jailed if they filed a case of estafa swindling?
Yes, you could be sentenced to jail depending on the details of the case and the severity of your offense.Estafa is a term used to describe certain types of swindling under Philippine Law. For swindling to be called estafa under the law, there must be an element of deceit or fraud and the victim must suffer some damage or injury as a result. Estafa is a punishable crime under Article 315 of the Revised Penal Code of the Philippines.
What can happen when a person have an estafa case?
When a person faces an estafa case, they may encounter serious legal repercussions, including criminal charges, fines, and potential imprisonment if convicted. The individual could also suffer damage to their reputation and may find it challenging to secure employment or engage in business activities in the future. Additionally, they may be required to make restitution to victims, further complicating their financial situation. Overall, an estafa case can have long-lasting effects on both personal and professional aspects of a person's life.
What makes estafa a valid case?
Estafa, or fraud, is considered a valid case when there is a clear demonstration of deceitful conduct aimed at securing an unlawful gain at the expense of another party. Key elements include the presence of false representations, reliance on those representations by the victim, and resulting damages or losses incurred by the victim. Additionally, the perpetrator's intent to defraud must be established, making the act willful and malicious. If these criteria are met, it supports a valid claim of estafa.
What is large scale estafa?
Estafa is Spanish for fraud or criminal deception, from the word Estafar meaning to swindle
Does estafa warrant a hold departure?
Yes, estafa can warrant a hold departure order in the Philippines. If an individual is facing charges for estafa, especially if there is a significant amount involved or if the accused poses a flight risk, authorities may issue a hold departure order to prevent them from leaving the country. This is intended to ensure the person remains available for legal proceedings. Ultimately, the decision depends on the specifics of the case and the discretion of the court.
