Quote Originally Posted by CLAVEL3699 View Post
hindi ba sya pwede iconsider na stolen?

Ayaw nya ibalik eh saka tinatago na.

At ireport na carnap na,
it cannot be considered stolen. what you are really after is rescission of a failed sale if there was no deceit or estafa (swindling) if there was. in carnapping there must be taking without consent or through force/intimidation. you can report it as carnapped, but when the other party is able to show that they actually bought it, then there may be consequences.

dun sa acknowledgment of debt at promissory note, wala bang reference to the transaction, that it was for the sale of the car? ano nakalagay, "for value received"? if there was reference to the vehicle, then should be sufficient memorandum of the sale.

have your friend keep close to the bank and give whatever assistance they can to them because they have a lot of civil causes of action against your friend. unfortunately, it's also a crime to sell property under a chattel mortgage without consent of the creditor.

if you really want to file a criminal action (suggested: estafa), then you can either go to the police and report what is happening. they can investigate and file the complaint with the prosecutor. or your friend can narrate everything in an affidavit and file the complaint directly with the city prosecutor. based on your posts, there seems to be enough for the prosecutor to call for a preliminary investigation and eventually file an information.

but before doing so, i would suggest you also get to talk to bpi's legal dept re what action you will take. any action on your part might make it harder for the court sheriff to reclaim the vehicle when they foreclose.

mahirap talaga iyang sitwasyon ng kaibigan mo, there is no easy way out. another thing that is not clear is the reason for the refusal of the buyer to pay for the car, balasubas lang ba talaga and the evasion is with criminal malice or are they coming up with some sort of justification (whether tama o mali)? may natanggap ba kaibigan mo na pera as partial payment?