Deal sa lupa na hindi natuloy - is it Estafa?

**DonCamote** · October 24th, 2007 01:13 PM

Originally Posted by praetorian

How big was the downpayment? When you say the court allowed them to pay you in installment, did you agree to those terms?

Hi Praetorian,

Downpayment was about 400k. The installment terms were agreed upon through a Compromise Agreement.

I guess your recommendation is the same as what Red Bureau is saying.

I'll check our Compromise Agreement and see what is stated in case of default.

Thanks again mga kaibigan.

**Chip** · October 24th, 2007 01:24 PM

I have learned a lot from reading this thread. I sure hope ma-settle na tong kaso mo.

**DonCamote** · October 24th, 2007 01:30 PM

Originally Posted by Galactus

Based on your post, IMO borderline ang estafa sa 1st incident. Baka mahina ang lawyer mo and he didn't present his arguments clearly nung nag-file siya ng information. Depende rin kasi sa fiscal yan, sometimes yung iba maysadong by-the-book kaya nadi-dismiss yung kaso.

I know medyo bagito (just passed the board that time) ang lawyer ko, but I had faith in him. Mabait siya kaso nga lang, feeling ko pareho kaming nayari. Yun nga lang, di siya lugi kasi may fee siya from me kahit dismissed case ko.

Originally Posted by Galactus

Best you can do is file several counts of BP 22 (criminal case) and Sum of Money (civil case), depending on how many checks ang tumalbog. Kaya lang, steel yourself for a long and tedious court battle. Chances are, if ever you decide to file charges, mare-refer kayo sa mediation, kaya better draw up a strategy this early.

Ano po ba itong mediation? a unit of our justice system?

**DonCamote** · October 24th, 2007 01:46 PM

Originally Posted by Chip

I have learned a lot from reading this thread. I sure hope ma-settle na tong kaso mo.

True. I'm very grateful for you guys who take time to respond.

I'm trying to look for a lawyer to help me here. And now that you mentioned it, I think I'll keep this thread updated on what is going to transpire so that it can be shared with our fellow Tsikoters and learn from it.

**Galactus** · October 24th, 2007 04:50 PM

Ano po ba itong mediation? a unit of our justice system?

Mediation is part of the justice system. This is mandated by the Supreme Court for certain cases, primarily those monetary in nature involving relatively small amounts to declog the caseload of the various courts.

Sometimes kasi, kahit pwedeng idaan sa simpleng usapan, mas minabuting mag-habla, kahit trivial lang yung amount. AFAIK, more than 50% ng caseload ng mga Municipal/ Metropolitan Trial Courts are of the BP22, Estafa and Sum of Money genre, na pwede namang i-settle out of court.

But be advised that mediation may also take some time, kasi hearing dates are scheduled based on the availability of both parties. You may or may not opt to bring a lawyer. May P500 fee din per party, and may commission ang mediator based on a certain percentage of the final judgement. Kung hindi tumupad ang kabila sa provisions of the compromise agreement, pwedeng gawing writ yung executory provisions nun, so make sure its well crafted. Pa-approve nyo lang sa judge.

Good luck.