Mark Anthony Bias De Guzman - Fraud cases

Thank you @Admin and @Middleman

 

Two buyers that I sold bases to started complaining that the base info got changed. I also had a third base that had its info changed. All three of these bases were from Mark. He had to recovered information before, then all of a sudden he recovered a maxed town hall 9 level 9 walls, a th10 level 10 walls, and a th9 maxed half level 10 walls from me. They all happened on the same day so it could not have been a coincidence. Mark has also stopped responding to me completely.

 

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.[/trigger]

[trigger=by]For: Rolan Re: #24[/trigger]

 

Yes we can provide details on what to do. Biggest thing is you have to be patient during the legal process. Mainly because hearings and scheduled dates are spaced several weeks apart so the issue won't be resolved right away.

Another option for you is you could try to file a fraud case criminally in the Philippines. In the US they wouldn't pursue a case like this but it's a possibility in the Phillippines. Criminal case would be free. What's the total dollar amount combined stolen here?

Just gather up all the images and documents possible. Mainly the PayPal Proof of Payment will be enough evidence. I think you guys have a solid case against him but will need to gather up all documents and create affidavits.

 

[trigger=error]Expression violates expected format: fraud case criminally in the Philippines[/trigger]
[trigger=by]For: Admin Re: #25[/trigger]

 

In short here:

- I believe this is a suitable small claims court case
- You should file the case in Rizal (where he is located I believe) but you can also try to submit in your local courthouse. I need to get information from legal on this as you maybe able to submit in your jurisdiction.
- One person needs to represent the civil lawsuit
- If I remember right the fee to file a case is very affordable in the Philippines
- Gather up all receipts, proof of conversations, emails, and any documentation
- Fill out the court filings and pay the fee at the courthouse
- You'll then need to serve him the court documents
- If he fails to show up to court which it sounds like he may, then eventually he'll be held in contempt.

Also if Mark has an employer you can try to submit a complaint with them. I know from experience companies blacklist employees in the Philippines.

 

The rationale behind the Philippine Rule of Procedure for Small Claims Cases as Amended (SC En Banc Resolution dated October 27, 2009 in A.M. No. 08-8-7-SC) is to make claims for P100,000.00 or less be heard in a quick and inexpensive manner through a procedure that is simple and informal. It is informal as only the parties appear at the hearing. Lawyers are not allowed to appear. The parties themselves will present their case speaking even in their own dialect.The Rule encourages parties to settle their differences with the court’s assistance. But even if the Rule of Procedure for Small Claims Cases is simple, laymen could not easily digest the wordings of the rule, thus, defeating its very purpose.As a court worker assisting in the filing of Small Claims Cases, this blog aims to shed light to some basic questions raised about this rule.

What is the “Small Claims Rule”?

The Small Claims Rule is a special procedure where money claims for P100,000.00 or less, exclusive of interest and cost are heard. The process is quick and inexpensive. The procedure is simple and informal.


Who can fileSmall Claims Cases?
Any person whether an individual, corporation, partnership, limited liability partnership, association, or other juridical entity endowed with personality with law.

What are the cases covered under the Small Claims Rule?

The Rule applies to all action which are: (a) purely civil in nature where the claim or relief prayed for by the plaintiff is solely for payment or reimbursement of sum of money, and (b) the civil aspect of criminal actions, either filed before the institution of the criminal action, or reserved upon the filing of the criminal action in court, pursuant to Rule 111 of the Revised Rules Of Criminal Procedure.

These claims or demands may be:

(a)For money owed under the following:

1.Contract of Lease;
2.Contract of Loan;
3.Contract of Services;
4.Contract of Sale; or
5.Contract of Mortgage;

(b)For damages arising from any of the following:

1.Fault or negligence;
2.Quasi-contract; or
3.Contract;

(c)The enforcement of abarangayamicable settlement or an arbitration award involving a money claim covered by this Rule pursuant to Sec. 417 of Republic Act 7160, otherwise known as the Local Government Code of 1991.

Where to file Small Claims Cases?

Small Claims Cases can be filed before the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides, or in the case of a non-resident defendant where he may be found, at the election of the plaintiff.

How is Small Claims Action commenced?

A small claims action is commenced by filing with the court an accomplished and verified Statement of Claim (Form 1-SCC) in duplicate, accompanied by a Certification of Non-forum Shopping (Form 1-A, SCC), and two (2) duly certified photocopies of the actionable documents/subject of the claim, as well as the affidavits of witnesses and other evidence to support the claim.

What to prepare before filing an accomplished and verified Statement of Claim?

The plaintiff should gather all documents and evidence pertinent to the claim. Examples:

(a.)Contract/Agreement
Promissory Note/Receipts/Affidavit of Witness/es/ Other important documents such as Check/s or Picture/s
(b.)Latest Demand Letter (if any), its proof of service and proof or receipt
(c.)Certificate to File Action from thebarangay, if necessary
(d.)Special Power of Attorney in case plaintiff cannot attend the hearing
(e.)Secretary’s Certificate of Board Resolution authorizing you to file the case, if you are representing a corporation, partnership, cooperative or association


Is there a filing fee for Small Claims Cases?
Yes. The plaintiff shall pay the docket and other legal fees prescribed under Rule 141 of the Revised Rules of Court, unless allowed to litigate as an indigent.

What are the actions of the Court after a Small Claims Case had been filed?

The Court has two (2) actions:

(a.)Dismissal of the Claim. – After the court determines that the case falls under the Rule of Procedure for Small Claims Cases, it may, from an examination of the allegations of the Statement of Claim and such evidence attached thereto, by itself, dismiss the case outright on any of the grounds apparent from the Claim for the dismissal of a civil action.

(b.)Summons and Notice of Hearing. – If no ground for dismissal is found, the court shall forthwith issue Summons on the day of receipt of the Statement of Claim, directing the defendant to submit a verified Response.

The court shall also issue a Notice to both parties, directing them to appear before it on a specific date and time for hearing, with a warning that no unjustified postponement shall be allowed.

When to file a Response in Small Claim Cases?

The defendant shall file with the court and serve on the plaintiff a duly accomplished and verified Response with a non-extendible period of ten (10) days from receipt of summons.

How to make a Response?

A Response form (Form 3-SCC) will be served to the defendant. The defendant will simply fill up the form. The Response shall be accompanied by certified photocopies of documents, as well as affidavits of witnesses and other evidence in support thereof.

What is the effect of failure to file a Response?

Should the defendant fail to file his Response within the required period, and likewise fail to appear at the date set for hearing the court shall render judgment on the same day, as may be warranted by the facts.

Should the defendant fail to file his response within the required period but appears at the date set for hearing, the court shall ascertain what defense he has to offer and proceed to hear, mediate or adjudicate the case on the same day, as may be warranted by the facts.

Is a representative allowed in Small Claims Cases?

Appearance through a representative is allowed but must be for a valid cause. The representative of an individual-party must not be a lawyer, and must be related to or next-of-kin of the individual party. Juridical entities shall not be represented by a lawyer in any capacity.

The representative must be authorized under a special power of attorney to enter into an amicable settlement of the dispute and to enter into stipulations or admissions of facts and of documentary exhibits.

What is the effect of non-appearance of parties?

Failure of the plaintiff to appear shall be cause for the dismissal of the claim without prejudice. The defendant who appears shall be entitled to judgment on a permissive counterclaim.

Failure of the defendant to appear shall have the same effect as failure to file a Response. This shall not apply where one or two or more defendant who are sued under a common cause of action and have pleaded a common defense appears at the hearing.

Failure of both parties to appear shall cause the dismissal with prejudice of both the claim and counterclaim.

Is postponement allowed in Small Claims Cases?

A request for postponement of a hearing may be granted only upon proof of the physical inability of the party to appear before the court on the scheduled date and time. A party may avail of only one (1) postponement.

What will happen during the hearing of Small Claims Cases?

At the hearing, the judge shall exert efforts to bring the parties to an amicable settlement of their dispute. Any settlement or resolution of the dispute shall be reduced into writing, signed by the parties and submitted to the court for approval.

What will happen if there is no settlement?

If efforts at settlement fail, the hearing shall proceed in an informal and expeditious manner and be terminated within one (1) day.

When willDecision be issued in Small Claims Cases?

After the hearing, the court shall render its decision on the same day, based on the facts established by the evidence. The decision shall immediately be entered by Clerk of Court in the court docket for civil cases and a copy thereof forthwith served on the parties.

The decision shall be final and unappealable.


How to execute Small Claims Cases?

If the decision is rendered in favor of the plaintiff, execution shall issue upon a motion.

Finally, under the Rule of Procedure for Small Claims Cases, the Clerk of Court or other court personnel shall provide such assistance as may be requested by a plaintiff or a defendant regarding the availability of forms and other information about the coverage, requirements as well as procedure for small claims cases.


Sources:

1.The Rule of Procedure for Small Claims Cases as Amended (S.C. En Banc Resolution dated October 27, 2009 in A.M. No. 08-8-7-SC).
2.The Philippine Rules of Court.

 

The process actually isn't that complicated especially for small claims. It only gets tricky if it's a case which requires superior, business or a higher court.

 

Not too much. What you could do is just file the claim now and then gather up the evidence later.

 

As can see, @mark de guzman has no desire to resolve these cases, he deleted his facebook page, his k:I:K been deleted. He read this dispute and has not even responded. I believe he scammed us all. The proof is all here. I feel this time the appropriate actions is to ban @mark de guzman all his accounts and ip from playerup.com and for each of us to file a case against him.. @Admin he broke many rules and violated a lot of policies as well scammed many people a lot of money. This I feel needs to be done. Thank you

 

[trigger]Guide - How To Report A Dispute

Automated Response​

Hello, if someone has scammed/frauded you, please open a dispute form (takes 2 minutes) using the link below. Filing a report will then provide us the necessary information to take action against the individual and assist you at resolving the dispute.

Disputes - Active | PlayerUp - Video Game Accounts Marketplace. Player 2 Player Secure Platform.

Thank you for your cooperation on this matter and sorry to hear about the problems you experienced.


















.[/trigger]

[trigger=by]For: Trueprime Re: #31[/trigger]

 

He clearly does not care to resolve and has ran away with money

 

@Admin the situation is still the same and more reports of bases @mark de guzman has sold have had compromised issues. Also I received messages from some victims he scammed in their phillipines area. Mark did this intentionally is my personal feelings on this. Also since many people were victim and Mark does not want to reply. He already deleted all his contact methods so he does not intend to settle this. I still want to suggest to ban @mark de guzman . Playerup is good safe site and does not need these type of members. Thank you @Admin

 

Yes he also scammed me out of 2 max th10 accounts, I had previously bought off hime so I trusted him. I got contacted by his "cousin" yesterday who said that he was caught scamming by his mom and that she was trying to get me the accounts, she then sent me details but the passwords were incorrect. her name was Michelle David ([email protected]) another person involved is Carlos David. it seems there is some funny business going on. all I know is i'm down 950+ usd and i'm not at all confident I will ever get it back. It seems just cause a person is trustworthy once or twice it doesn't mean they wont screw you. BE CAREFUL.

 

Alright lets do this here you guys. Lets get this organized here breaking this down:

Can you write out each victim, what he took, and the total dollar amount.

Example:

@Rolan
Stole his TH10 Account
$550.00

Once I get an organized list then I can really see if this is worth you guys pursuing legally. Also who here is in the Philippines. I know a couple of you are in the US, Rolan I believe is in PH, any others?

 

Note though that any civil court proceeding will take months to resolve. It's not an overnight fix. The Philippines court system is very similar to the United States court system as is most of the worlds court systems in countries that follow the same similar form of government process.

 

@G-man
Stole money - never delivered
$90.00

 

@Middleman He stole $740 from me, 2 maxed town hall 9s, and 2 strong town hall 10s.

 

Yours is the easiest. Paid cash, didn't receive item. Easy to prove.

Do you written proof that $740 was the agreed upon price for both of these?

 

@Rolan do you have proof of the $550 as well?

So far we're up to $1,380 in total damages assuming you guys have proof.

Who else?

 

@Middleman I can take screenshots of our kik chat to show you. He had promised to pay back the loans with interest on a specific date, but he disconnected his phone from kik and stopped responding. Should I add pics from kik?