MEMORANDUM

X--------------------------------------------------------------------------------------------------------X

TO: Mr. Head Branch Manager

FROM: Glenn Royenn T. Fabi

RE: Mr. Branch Manager (AWOL)

DATE: February 25,2018

X--------------------------------------------------------------------------------------------------------X

Questions Presented

What is the best action to be done concerning Mr. Branch Manager who
went AWOL after the incident? Can you file a Civil or Criminal case?

Short Answer

The best action in my opinion is to first contact Mr. Branch manager or

at least try to, to have a better understanding on what is happening. I do not
advise to file in haste any case against Mr. Branch manager in the reason that
there are many factors surrounding this case and it could or maybe would be
settled by mere talking or contacting Mr. Branch manager to hear his side.

Statement of Facts

On the afternoon of February 3,2018, Mr. Client called Mr. Branch

manager to come to his house in order for him to pay his monthly amortization
of a 10 year loan but the payment due was February 2,2018 hence, Mr. Client
was late. However, this was his first time to incur late payment and he is a big
time client of the bank so he was entertained by Mr. Branch manager. Mr.
Client allegedly paid the said amortization to Mr. Branch manager and he have
a receipt with the signature of the latter t to be serve as a proof. However, the
said receipt is not yet know if its genuine or not.
Mr. Branch Manager after the incident went AWOL and cannot be called
through his phone for over (2) two weeks. In addition Mr. Bank Manager has no
authority to accept the money for BDO.

Discussion
In order to have a better sight at the dispute I recommend that, even
though it is two week and no news about the whereabouts of Mr. Branch
manager, you should try to have a contract with him either by going to his
house or contacting his immediate relatives. I do not recommend that you
would dismiss him from his position in the reason that you may violate a
provision under the Labor Law. I also do not recommend filing hastily a civil or
criminal case against the Mr. Branch Manager because there could be less
expensive and less difficulty in settling this dispute.

If however, you are sure that Mr. Branch Manager stole the cash paid by
Mr. Client and ran away and even issuing a not genuine receipt to the latter, I
advise that you file a civil case or a criminal case against Mr. Branch Manager
to protect your interest. If you only want to collect the cash that Mr. Branch
Manager ran away with, just go for the civil case. In the reason that we can
prove by mere preponderance of evidence that the acts of Mr. Branch Manager
are in violation of a law unlike in a criminal proceeding, we are compelled to
prove the guilt of the latter beyond reasonable doubt. We may incur a much
more expenses in filing a criminal case and with a low percentage of winning.
 If you insist in filing a criminal case we can use Article 315 of the Revised
Penal Code which punishes any person who shall defraud another by any
means. Art. 315 Swindling (Estafa) par. 1(b) provides that:

“By misappropriating or converting, to the prejudice of another,

money, goods or any other personal property received by the offender in
trust, or on commission, or for administration, or any under any other
obligation involving the duty to make delivery of, or to return the same,
even though such obligation be totally or partially guaranteed by a bond;
or by denying having received such money, goods, or other property”.

In your case, the Mr. Bank manager can be held liable for estafa because
he had the obligation to submit your payment to the bank but he did not do so.
He abuse his position in order for him to acquire the cash payment of
amortization by Mr. Client.

YOURS TRULY, MR. GLENN FABI