roamtheplanet

I love you, goodbye - Celine Dione

Oo Davaogorilla. If you look at the elements of the crime of estafa (Art 315 par 2 of the Revised Penal Code), it would seem that the element of lack or insufficiency of fundsto cover the check is a vital element to the crime. However, I found an old case, US vs Lee Cheng Poe (39 Phil 466) which suggests that if the accused received money for the checks issued and that the accused all along has the intention of stopping payment therein, there is estafa. The essential element in this case is deceit, or intention to defraud another person.

bro,

 

nung una kong mabasa to, the first thing that came to my mind is an intra corporate dispute to be filed with the RTC, since you are members of the cooperative. pero mukhang ndi lang ganun.

 

 

i think this scenario is a case for syndicated estafa. (you can google Section 1, P.D. 1689) kc the "defraudation results in the misappropriation of moneys contributed by stockholders, or members of rural banks, cooperatives, samahang nayons, etc."

 

kunin mo na lang ung identities nung mga tao na nagpapatakbo ng cooperatiba. i think pwede ka pumunta sa DOJ Action Center sa Padre Faura to seek legal advice.. forte kc nila ung mga syndicated estafa cases na yan =)

 

pg punta mo ng DOJ, pwede mo ako i-libre ng banana cue sa kanto ng Padre Faura at Maria Orosa, hehehe. biro lang =)

Actually pwede mo rin sila ireport and ask for an investigation from the Cooperative Development Authority. Here is the link:

http://www.cda.gov.ph/index.php?option=com_content&view=article&id=263:mc-2012-01-rule-of-procedure-governing-the-conduct-of-investigation-or-inquiry-by-the-cooperative-development-authority&catid=115:memorandum-circulars&Itemid=435&lang=en

Pero Im with Mr. Jiraiya in this one, mas maganda pa rin ang criminal case ang ifile mo to force them these people to come out in the open and address your complaints. In my experience, ang una talagang hinahanap ko kung may problem is if I can file a criminal case just so that the other party will come out and talk to you. There is nothing better than the threat of imprisonment to make them talk. At any rate, I suggest that you avail of the services of a lawyer. Kung wala kayong pera, may Public Attorneys Office sa DOJ.

May nagsuggest sa akin na thera. She asked if I was a member of MTC. I said no, and I just got curious about it and now Im in!