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The crime committed in the given situation can be best argued through a civil

action. However, since our aim is to file a criminal suit against the offending
party, we looked into possible criminal liabilities, basing on the facts you have
given, which may be brought against the offending party.
The possible criminal liabilities that we have assumed are:
a. Culpable Insolvency presupposing that B has other properties that can
be utilized to set off his unpaid balance with A, however, to avoid his
liability, he concealed the existence of these properties. Thus, given this
situation, he may then be penalized with prision correccional (6
months-6years, 1 day imprisonment) in its maximum period to prision
mayor (6 years, 1 day 12 years imprisonment) in its medium period.
b. Estafa since in this case, there had been deceit when B had
successfully convinced you that he would be diligent in paying the
monthly rents and damage you have suffered in pecuniary form, at the
time he stopped paying the rents that are due to him. The two being the
principal elements of estafa, we can strongly argue that B is liable for
this crime, hence, he should be penalized with the corresponding
penalty which is, 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.
c. Swindling in other forms since B had made money out of leasing the
land to another without even asking the consent of the owner and the
court, and despite not paying the monthly rents. More importantly, B
tried to transfer the burden of fulfilling the obligation to another by way of
selling, mortgaging and the like, the property that is the subject of the
criminal or civil action. Given these facts, we can rely on the inference
that he has perpetrated a crime, therefore, he is liable for a penalty of
arresto mayor in its minimum and medium period and a fine of not
less than the value of the damage caused and not more than three
times of such value.

To establish our defenses, we must prove the jury that this case is qualified for a
criminal action. The jury then will decide based on the evidences that we will
produce. In light of this, the evidences shall justify that there have been fraud,
deceit, and damage, committed by B in the course of fulfilling his obligation.
The success of your case relies on persuading the jury that the elements

mentioned above are present. Proving those defenses would drive us towards
our success in this case. More importantly, this opinion is given for your sole
benefit and may not be disclosed or relied upon by any other person without our
prior consent.
Please do not hesitate to call us with any questions you may have. Also, if there
are any misstatements of fact in this letter it is important that you contact me
when possible. Again, it was a pleasure meeting you and we look forward to your
call.

Very truly yours,


________

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