I want to ask if what are the grounds for estafa? Is it possible that the seller in Korea can come here in PH to file a case of Estafa? The situation is: I bought a Cellphone in a FB store in Korea when I was there. And I have an unpaid balance of 250,000KRW I went back here in PH last Jan 2017 without paying the seller. Is it ground already for estafa? I am hoping someone will help me with this case. I am nervous that maybe, he might filed a case against me and it will appear in my NBI clearance. But I haven't received any document about that. But maybe, it will appear in my clearance w/o notifying me first.
What are grounds for Estafa?
Jescelyn Del Rosario
is a Legal expert
in the Philippines
Estafa is a criminal offense Art.315 of the Revised Penal Code. It is committed by a person through unfaithfulness or abuse of confidence,false pretenses or through fraud. So at the start palang intensyon muna na manloko sa iba at dahil sa ginawa mo ay nagcause ito ng damage sa kanya. Iapply natin sa kaso mo, gustong kung klaruhin na noong kumuha ka ng cellphone alam mo bang hindi muna ito mababayran dahil uuwi ka na sas susunod na araw/buwan? Kung intensyon mong mangloko maaring estafa ang ginawa mo. Kaya lang dahil sa Korea yan naganap walang jurisdiction sila sa iyo dito sa ating bansa. Pero kung babalik ka doon baka may nakabinbin kanang kaso. It is better for you to check your NBI why hit ka marami namang reason why nagkaroon ka ng hit status.
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