Hold Departure for A Friend

[HappyDancer 7]

The fact that she signed something indicates that there was a contract even if it was not formal.

Bear in mind that many verbal agreements are legally binding and a Lender can demand payment without a written contract. There are many ways to prove in court that the Lender was owed money, especially since she signed what I believe was a promissory note.

That being said, no hold departure orders can be issued if a case is not filed in court.

There are lots of gray areas here. Correct me if I am wrong, but as far as I am concerned, when it is not a criminal offense, no Hold-departure order shall be in order. On top of that, I am under the assumption that the lender can demand payment with the written contract being considered. When it needs to be paid? Who knows? The catch: If she issues a check and it bounced - that's estafa... She'll get in trouble and will then be grounds for a case as per the Bouncing Check Law.

OP: Better get a lawyer's view on this. Hope this helps!

Edited June 21, 2010 by HappyDancer

[Pinay Wife 47]

There are lots of gray areas here. Correct me if I am wrong, but as far as I am concerned, when it is not a criminal offense, no Hold-departure order shall be in order. On top of that, I am under the assumption that the lender can demand payment with the written contract being considered. When it needs to be paid? Who knows? The catch: If she issues a check and it bounced - that's estafa... She'll get in trouble and will then be grounds for a case as per the Bouncing Check Law.

Swindling is a criminal offense under Chapter 6, Articles 315 and 318 of the Revised Penal Code of the Philippines. If there was a bouncing check involved, that is an additional offense under BP 22.

http://www.chanroble...ppinesbook2.htm

Chapter Six

SWINDLING AND OTHER DECEITS

Art. 315. Swindling (estafa). — Any person who shall defraud another by any of the means mentioned hereinbelow shall be punished by: 1st. The penalty of prision correccional in its maximum period to prision mayor in its minimum period, if the amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos, and if such amount exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each additional 10,000 pesos; but the total penalty which may be imposed shall not exceed twenty years. In such cases, and in connection with the accessory penalties which may be imposed under the provisions of this Code, the penalty shall be termed prision mayor or reclusion temporal, as the case may be.

Art. 318. Other deceits. — The penalty of arresto mayor and a fine of not less than the amount of the damage caused and not more than twice such amount shall be imposed upon any person who shall defraud or damage another by any other deceit not mentioned in the preceding articles of this chapter.

http://www.chanroble...nsabilang22.htm

BATAS PAMBANSA BLG. 22

AN ACT PENALIZING THE MAKING OR DRAWING AND ISSUANCE OF A CHECK WITHOUT SUFFICIENT FUNDS OR CREDIT AND FOR OTHER PURPOSES.

Sec. 5. Liability under the Revised Penal Code. - Prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code.

EDITED: After carefully reading the Revised Penal Code, not paying someone back a loan is not mentioned in Article 315 but it could be considered criminal under Art. 318. "Other Deceits" if deceipt can be proven. Yes, could be a gray area.

Edited June 22, 2010 by Pinay Wife

[dluke77 9]

the word 'friend' keeps being used... sounds like a good friend.

[happywifeymom 4]

the word 'friend' keeps being used... sounds like a good friend.

There was no post dated checks as most are all verbal agreement . Thanks for all ur replies.