On May 23, 10:30 a.m.

, Jamie Gozon and his accountant went to Carlton Beern Paraaque

Sales Office to request for the reconciliation of his account. He was attended by Financial
Analyst Ben Lazo, whom requested warehouseman Cenon Veles to retrieve the necessary
documents.

While waiting, Gozon then requested Lazo to see BPI Check No. 17894 dated June 20
amounting P4,709,760.00, claiming that it was already covered by the return of equivalent
value of beer empties to Carlton. Lazo, however, explained that P2,700,000.00 was still
unaccounted. Lazo then asked Check Custodian Belen Yusi to show Gozon BPI Check No. 27867
postdated to July 8, amounting P11,500,000.00. The checks were initially given to Gozons
accountant, but Gozon subsequently put it on hold. Thereafter, Gozon and his accountant
immediately left the sales office.

Yusi pleaded Gozon to return the checks, and tried to prevent him from leaving but to no
avail. Yusi also failed to notify the security guards about the incident, resulting the failure to
prevent Gozon and his accountant from leaving.

Gozon claims that his relation with Carlton Beer was mere creditor-debtor. He says that the
reconciliation of accounts and the non-payment of beer empties cannot give rise to theft.
However, Carlton Beer disagrees mainly for the following reasons: First, the issue is not the
stealing. Second, the stolen check issued by Gozon was made for the payment of Carlton Beer
products, and not empties thereof.

Furthermore, the illegal taking of checks was never discussed in reconciliation meetings of
the parties. The reconciliation of account, which was the result of the parties agreement to buy
and sell, is governed by the Civil Code, while theft is covered by the Penal Code. This is the
reason why the theft committed by Gozon on May 23 was never discussed nor considered by
the representatives of Carlton Beer on discussions of the reconciliation of account.