Beruflich Dokumente
Kultur Dokumente
March 1, 2017
LENDER BORROWER
BORROWER
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
THIRD JUDICIAL REGION
BRANCH
City of Malolos, Bulacan
1
QUESTIONS & ANSWERS:
3) Q: For the record, please state the name and address of the lawyer
who is now conducting or supervising your examination and the
place where the examination is being held now?
5) Q: Are you the same Carmina Corominas and Celeste Corominas who
are co-accused in this case?
A: Yes, Sir.
CELESTE COROMINAS
Affiant
3
REPUBLIC OF THE PHILIPPINES)
STA. MARIA, BULACAN ) S.S.
NOTARY PUBLIC
LAWYER’S ATTESTATION
4
REPUBLIC OF THE PHILIPPINES )
STA. MARIA, BULACAN ) S.S.
NOTARY PUBLIC
HENRY CHAO
Accused
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STATEMENT OF FACTS
In order that this honorable court may be enlightened and guided
in the judicious disposition of the above-entitled case, cited hereunder
the material, relevant and pertinent facts of the case to wit:
2. On 01 June, 2011, the accused, in order to pay for the stocks of the
corporation, borrowed from Mr. Ben Que, the complainant, the
amount of P 50,000
3. The accused and the complainant agreed that the borrowed amount
shall be payable in five (5) equal monthly instalments of P 12,500
with 5% monthly interest.
5. All the NOW slips indicates Account No. 123456 which is owned by
Atlas Parts, as source of fund and was signed by Henry Chao being
the manager of Atlas Parts
8. That the accused did not receive any demand letter from the
complainant and was not aware of the dishonour
9. That the accused only knew of the fact that the NOW slips bounced
when the complaint of violation of B.P. 22 was served upon him.
STATEMENT OF ISSUE
ARGUMENTS
“Any person who makes or draws and issues any check to apply on
account or for value, knowing at the time of issue that he does not
have sufficient funds in or credit with the drawee bank for the
payment of such check in full upon its presentment, which check is
subsequently dishonoured by the drawee bank for insufficiency of
funds or credit or would have been dishonoured for the same reason
had not the drawer, without any valid reason, ordered the bank to stop
payment,
First, that a person makes or draws and issues any check; Second, the
check is drawn or issued to apply on account or for valuable
consideration; Third the person who makes or draws and issues the
check knows at the time of issue that he does not have sufficient
funds in or credit with the drawee bank for the payment of such
check in full upon its presentment; Fourth, At the time the check was
presented for payment at due date, the same was dishonoured for
insufficiency of funds.
2
It can be gleaned from the facts of the case that not all the elements for
violation of B.P.22 are present.
In the case of Lina Lim Lao v. Court of Appeals, 274 SCRA 572,
June 20, 1997, where the accused is a signatory for a check where the
source of funds is the corporate account, the Supreme Court ruled that;
“the Court finds that Petitioner Lina Lim Lao did not have
actual knowledge of the insufficiency of funds in the corporate
accounts at the time she affixed her signature to the checks
involved in this case, at the time the same were issued, and
even at the time the checks were subsequently dishonored by
the drawee bank.
The scope of petitioner's duties and responsibilities did not
encompass the funding of the corporation's checks; her duties
were limited to the marketing department of the Binondo
branch. Under the organizational structure of Premiere
Financing Corporation, funding of checks was the sole
responsibility of the Treasury Department. Veronilyn Ocampo,
former Treasurer of Premier, testified thus:
xxx
Since Petitioner Lina Lim Lao signed the checks without
knowledge of the insufficiency of funds, knowledge she was not
expected or obliged to possess under the organizational
structure of the corporation, she may not be held liable under
B.P. 22. For in the final analysis, penal statutes such as B.P. 22
"must be construed with such strictness as to carefully
safeguard the rights of the defendant.”
PRAYER
Defendants likewise prays for such other and further relief as this
honorable court may deem just and equitable in the premises.
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DEED OF ASSIGNMENT
- and -
- WITNESSETH -
That the ASSIGNOR contracted a loan with the ASSIGNEE in the
sum of FIVE HUNDRED THOUSAND PESOS (P 500,000) payable on
March 1, 2018 at an interest rate of TEN PERCENT (10%) per annum.
1
IN WITNESS WHEREOF, the partied have signed this Deed on February
12, 2015 at Makati City, Philippines.
CARMEN CARUNUNGAN
Assignee
CARMINA COROMINAS
Assignor
CELESTE COROMINAS
Assignor
2
ACKNOWLEDGEMENT
BEFORE ME, a Notary Public for and in the above jurisdiction, this
21th day of February 2019 personally appeared the following :
WITNESS MY HAND AND SEAL at the place and on the date first
above written.