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Thread: Resolution for Estafa thru issuance of a check ordered by the city prosecutor himself

  1. #1
    Junior Member
    Join Date
    Jul 2011

    Resolution for Estafa thru issuance of a check ordered by the city prosecutor himself

    I'm al sir, who engaged in hauling of aggregates business, sometimes on November 24, 2005 i issued 5 several checks (1 dated & 4 pdc) for payment of 20 delivery receipts amounting to 26thou to the complainant, 4 checks were drawn & honored by the drawee bank except the remaining 1 check amounting to 10thou where dated Jan. 5, 2006 had already closed my account 3rd week of December, 2005, but complainant gone to the bank on dec. 23, 2005 to deposit my check and stamp even the date is Jan. 05, 2006.

    The complainant filed the case on March 25, 2011 without proper demand, no barangay endorsement and still the city prosecutor himself on June 2, 2011 endorsed for filing the information for estafa for violation of art. 315 par. 2 (d) sir with more than 5 years and 3 months period of waiting period?

    May I ask a question and hopefully and answer to my query sir if the prosecutor doing right of giving this order and knowing that the complainant is very much close friend to the said prosecutor, the amount involve was 10thou and the recommended bail is 40thou, was there an abuse of discretion made by the said prosecutor? Please help me sir, how I make my answer or defense for this situation, I submitted my motion for reconsideration for this order, and I do not know what will happen to this motion sir, kindly enlighten us sir.

  2. #2
    Administrator Atty. James S. Biron's Avatar
    Join Date
    Jul 2010
    Makati City
    Brandix, kindly visit my office for formal consultation. Thank you.

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