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Need help on my STAFA case.
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TOPIC: Need help on my STAFA case.

Need help on my STAFA case. 10 months, 4 weeks ago #467

  • benchguy
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Nag email ako sa boss ko regarding sa incident sa trabaho ko. Dahil sa dami ng in-actives sa mga customers namin naisipan ko na ipangalan ang orders ng isang bagong customer namin sa mga luma na in-actives na. At first ok naman ang payments pero later on meron nang hindi nabayaran. Hindi na ito ma singil. Hindi na mahanap ang customer. Inako ko ang pagkakamali at inako ang total na hindi na bayaran. Around 148,000 yun. Nag email ako nun may 31, 2011. After nun lagi ako na naga follow.up na sana ma charge na yun sa akin para hindi na magka problema pag mag bili uli yung mga nadamay na customer. On june 8, 2011 the management sent me the emailed msg and a notice to explain by fax and let me explain and signed the letters. On the next day i was terminated from work and where sent a fax letter that i am terminated from work and is obliged to pay the full amount in just 7 days or they will file a STAFA case against me. My 2 months salary, 13th month pay, commissions and etc was put into hold. until ill pay the said amount. I am not into the thing na tatakasan ang obligation ko. Kaya nga i sent the management a letter to let them know my intention. Now, i have no job but still looking para makabayad sa obligation ko. I ask the management that ill pay in installment but they disagreed. The case was files June 28,2011. But the name na kinasuhan nila is my nickname and not my real name. Hindi ko pala pinirmahan ang termination letter. Ang mga tanong ko ay: Makukulong po ba ako? Mapipilit ba nila ako na bayaran ang amount in full? wala po akong mga properties at wala po akong trabaho as of the moment kaya hindi ko talaga yun mababayaran in full maski na cguro pag magka trabaho ako. Ano po ang pwede ko na gawin para ma settle ito na hindi ako mapepressure na bayaran ito in full?

Re:Need help on my STAFA case. 10 months, 3 weeks ago #468

  • JaneDoe
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I think the best way you can do here is talk to your employer, explain your plight and beg that they give you a chance to pay the money you owe them.

Re:Need help on my STAFA case. 10 months, 3 weeks ago #470

  • lorenjay
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As to your question: kung makukulong ka?

Meron possibility because as per your narration you employed deceit “naisipan ko na ipangalan ang orders ng isang bagong customer namin sa mga luma na in-actives na.” Without this wrongful act of yours, your company would have not contracted with the new customer.

Though it might appear that you did not benefit from the transaction since you did not receive the goods, your employment of this scheme still benefited you indirectly. In a way, you were able to achieve a certain employment status.

The essence of the crime of estafa is damage. From your narration, when you were not able to collect, the element of damage is now present. Your company losses what it has delivered to a third person whom you represented to be old customers. Hence, a criminal action for estafa may be commenced against you. In the event of conviction, you might suffer imprisonment.

However, if you will be able to convince your company that you acted in good faith, they might not pursue criminal action. Instead, they might decide to commence civil action for damages. Kung civil action lang, hindi ka makukulong.

As to your question: kung mapipilit ka bayaran?

Whether civil action or criminal action, you will be required to pay.

Being a principal by indispensable participation, part of criminal liability is the civil liability to compensate for the damage. Thus, your company might force you to pay legally by commencing criminal action against you.

As to your last question: Ano po ang pwede ko na gawin para ma settle ito na hindi ako mapepressure na bayaran ito in full?

I absolutely agree with JaneDone, try to compromise. You will also have a chance to mediation proceedings.

In the meantime, your best action is to try to collect from the new customer and to convince your company you acted in good faith by paying for the damage you have caused them.

Also, try to seek the services of a lawyer, since anything you say or do may be used against you.
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