Legal Question in Criminal Law in Philippines

My name is Elvin C. Quisido living in Purok 2, Brgy. Maulong, Catbalogan City Samar Philippines. In past month we spoke of my uncle there in catbalogan and said he met sewing machine agent name Rodolfo Lumacang Jr. and known him my uncle who lived there in bukidnon because he always to order fabric or other resources to tailoring. I am also ordering a computerized embroidery machine with him. He told me that he sold a second hand single head 12 needles Embro brand embroidery machine made in Japan. He said that the machine was in good condition, free software, free delivery and lifetime warranty, he told us with my uncle. I'm inclined his offer and I also trust each other because he says that they do there my uncle in bukidnon. We have no money then so I searched credit available. He says after one week if not more so budget we just go we first deposit just got even P30, 000.00 thousand pesos unsurpassed maybe because we much prefer to buy, So on April 9, 2013 my wife deposited P30,000.00 thousand in Palawan Pawnshop there to address his brother named Arnold Lumacang in Magwate, Phase 1, Paleparan, Dasmarenas Cavite. He always calls and text to me when I get full payment on the machine because he waited. So we owe us money worth P200, 000.00 thousand pesos with 5% interest for full payment. January 22, 2013 I went to Manila with my father and mother and my sister picks us. There we met an agent at Jollibee Monumento, Caloocan with his brother Arnold and the technician name was Nhiel Fernandez living in Sitio Puting Bridge, Brgy. Macabling, Sta. Rosa Laguna and the driver of the van they all four. They brought us there in the warehouse of Chinese name Michael Kho in # 146 beside the Franco machine shop, Lanzones st. Caloocan City. I saw other machines INBRO brand name Model: IB-C1201. I am surprised because unlike the name of the machine on my order. And they said both durable machine not only need more testing done because they run and the machine condition and without fear. They said not possible to operate the machine in a warehouse there because there is no power outlet and not allow the Chinese. I ask a receipt from Rodolfo and say he is not give me because we are inside the warehouse, but he says he should give delivery receipt out there that they have taught me how to operate the machine. I paid the amount of P170, 000.00 balances on the machine; I gave money to Rodolfo Lumacang. Saw it with my father, my mother and sister there with me to pay them. They hurry because late and close to the warehouse of Chinese... They served us there in the house of my sister Blk. 19, Damayan, Floodway Taytay, Rizal. Rodolfo says tomorrow we'll be back here and those technicians to teach me how to operate the machine and we give the payment receipt to return home soon. Tuesday April 22 they do not come until Friday. I called Rodolfo why they do not come; he told me they still program the diskette. I searched the internet about the machine and there I found this old model turned machine because it still diskette type. The technician arrived Sunday April 28 was not included Rodulfo and there I found wrong with the machine and he did not fixed it. I asked another technician to be posted in sulit.com and they said they viewed the machine in the warehouse of Chinese 3 years unused, and no way to repair the machine because not opened the workshop Inbro machines in Korea and no parts available. I called Rodolfo why this happened is not really talked about this, he said wait first there we fix the machine. Until now 1 month that I waited no longer appeared Rodulfo and was not able to fix the machine. I always called Rodolfo and so does he still did always said he promised to buy a portable embroidery machine 1 needle before he lend me to go home and I have used there, but until now still nothing. We have problems because of my wife a month we pay interest and I still do not work because I have not yet returned. I ask him to return the money because we do not really talk like this. I told the mechanic to please with Rodolfo that I take the receipts because they also regularly meet and for those I show my wife. And said Rodolfo he never claimed to provide even temporary receipt maybe because I use evidenced claimed against him I just got there and ask for a receipt in Chinese.

Sir, may I just ask what should be done to restore the money because he says he never claimed he was not returned money I just got to wait because they fixed the machine. Hopefully you can help me with my problem. Thanks! God bless!


Asked on 5/25/13, 5:01 pm

1 Answer from Attorneys

VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE

File a estafa case against him.

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Answered on 5/26/13, 4:42 am


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