step three. In promissory notice, the brand new monthly payments from P1, for a year needless to say provided already hobbies and you can costs for the principal if not there is no reason otherwise logic behind why a good financing regarding P10, perform become more than just P15, upon this new performance of your promissory mention;

4. Until the acceptance on the mortgage, new accused was requisite once the a condition precedent to open a beneficial savings account and to matter each time in support of the financing business all the a dozen postdated checks in the a face property value P1, for every single to help you correspond to the fresh new one year installment payments within the promissory note;

5. The brand new accused opened the fresh membership into the BPI Loved ones Lender however, given that account was created without having any put, a similar is actually signed of the bank plus in identical times it absolutely was established and up until the deadline of basic postdated check;

six. In the event that basic postdated have a look at bounced into need „Membership Finalized,“ the latest accused verbally advised the financing business one to their account was currently signed and consequently, all several postdated inspections she got given would certainly bounced [sic] abreast of presentment;

One to just the earliest postdated take a look at are gone back to the newest implicated by the individual complainant and that employed another postdated checks despite the new money into the substitute for thereof already produced by the latest accused

eight. The original four (4) postdated inspections having been dishonored getting need off „Membership Finalized,“ she changed them with bucks (Shows „1“, „2“, „3“ and „4“);

8. 55155 dated July 31, 1991, Consider Zero. 55156 dated August 29, 1991, Examine No. 55157 old Sep 30, 1991 and look No. 55158 dated Oct 29, 1991 (Showcases „A“, „A-1“, „B“, „B-1“, „C“, „C-1“, „D“, and you can „D-1“) that have been dishonored for similar reason out of ‚Account Closed‘, the instant criminal costs for admission out-of BP 22 have been instituted;

The latest accused taken out financing from P10, payable in a single 12 months (Showcase „B“) and you will she needed to play an excellent promissory mention with one or two (2) co-providers to have P15, payable within one season from the P1, thirty days creating April cuatro, 1991;

nine. From inside the pendency of those times new implicated repaid P5, into the replacement for of four postdated inspections matter of your present charge against the woman; however the individual https://installmentloansgroup.com/payday-loans-mt/ complainant Caram Tips Firm argues this fee is actually credited in order to appeal and you will insufficient to repay this lady account less than this lady promissory notice;

ten. This new listing is bereft of every appearing the accused is told by mouth or even in creating by Caram Resources Corporation you to the woman fee off P5, (Display „5“) was just to repay the latest passion and lack of to cover par value of your own four (4) checks under consideration;

It had been held your gravamen of your offense significantly less than BP twenty two is the act of making and you can providing a pointless view otherwise a check that’s dishonored on their speech for payment. But the question is, imagine if the fresh new issuance of your own meaningless monitors have been in place of consideration and made to your agree, reassurance and instigation of payee which remaining the brand new worthless postdated inspections because of its own personal need? The new judge finds that the twelve postdated checks was awarded because of the this new implicated without any consideration. These monitors were granted each time and you may was in fact only utilized since the pledges in order to guarantee the brand new month-to-month collection of the borrowed funds provided on the implicated according to the promissory note, Display „B“. Lower than these circumstances, provides the implicated the amount of time an offense malum prohibitum? In that case, what about this new payee whom advised, inspired and marketed the new operate constituting brand new gravamen of your own offenses? Regarding Magno compared to. Judge off Is attractive, mais aussi al., G.R. 96132, ong someone else: