3. According to the promissory mention, the new monthly installments of P1, to possess 12 months however integrated already hobbies and you may costs with the principal if you don’t there would be no reason at all or explanation why good mortgage away from P10, do be more than simply P15, on the new performance of the promissory mention;
4. Before the recognition of this financing, the fresh implicated was needed as the a condition precedent to open an effective family savings and to point at a time in support of the financing organization every twelve postdated monitors at the a face value of P1, each in order to correspond to the 12 months installment payments underneath the promissory note;
5. The latest accused open this new membership on BPI Relatives Lender however, once the membership was developed with no put, an identical is closed from the financial including in identical times it was established and before the deadline of the basic postdated evaluate;
6. In the event that basic postdated check bounced on the cause “Account Signed,” new implicated verbally advised the credit organization one to the girl membership are currently closed and consequently, the 12 postdated inspections she had provided would definitely bounced [sic] abreast of presentment;
That precisely the first postdated glance at are gone back to the latest accused of the individual complainant which chose another postdated inspections regardless of the brand new repayments in the replacement for thereof currently produced by the fresh accused
eight. The first five (4) postdated inspections having been dishonored to possess cause away from “Account Signed,” she changed all online payday WY of them with cash (Shows “1”, “2”, “3” and you can “4”);
8. 55155 dated July 31, 1991, Look at No. 55156 old August 31, 1991, Have a look at Zero. 55157 dated Sep 29, 1991 and check Zero. 55158 dated October 29, 1991 (Displays “A”, “A-1”, “B”, “B-1”, “C”, “C-1”, “D”, and you may “D-1”) that have been dishonored for similar reason of ‘Account Closed’, the instant unlawful costs for citation from BP twenty-two was in fact instituted;
New accused applied for that loan away from P10, payable in one single seasons (Display “B”) and you can she was required to play a promissory note having a few (2) co-suppliers to have P15, payable in a single year at P1, 1 month carrying out April 4, 1991;
nine. When you look at the pendency of them cases the latest implicated paid back P5, in the replacement for of your own four postdated inspections subject matter of present charges up against their; although private complainant Caram Resources Organization contends that the percentage are credited merely to hobbies and lack of to repay their membership lower than the lady promissory note;
ten. The newest list are bereft of every appearing that implicated is actually informed by mouth or perhaps in composing of the Caram Information Organization one to her payment out of P5, (Display “5”) was only to settle the fresh new welfare and shortage of to cover the par value of one’s four (4) monitors under consideration;
It absolutely was kept your gravamen of offense lower than BP twenty-two ‘s the act of making and you can giving a worthless examine or a that is dishonored through to its presentation getting payment. But the real question is, imagine if the new issuance of worthless monitors had been in the place of thought making on the agree, reassurance and you will instigation of your own payee whom kept the fresh worthless postdated checks for the personal reasoning? The fresh new court finds your several postdated inspections was awarded from the new accused as a given. Such checks was issued at one time and you will was just put once the claims to guarantee the monthly distinct the mortgage offered into accused according to the promissory mention, Display “B”. Not as much as these situations, comes with the accused enough time an offense malum prohibitum? If so, how about the fresh new payee which encouraged, inspired and marketed the latest work constituting the gravamen of the offenses? Regarding Magno versus. Courtroom off Is attractive, mais aussi al., G.R. 96132, ong others:
