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12 August 2018 Commented [u1]: Can be modified

Group 4
Taft Avenue, corner Menlo Street,
Pasay City Commented [u2]: Don’t know the addressee

Sir/Madam

This is to inform you that the post-dated check you issued with Check Commented [u3]: Should we add the actual post-date
as well? Check must be presented within 90 days
No. xxxxxx for the payment of our services, has been dishonoured by therefrom and proof to that effect
XYZ Bank for lack of funds.

Thus, we would like to remind you of your outstanding obligation with


our company and we request that the full payment be paid entirely in
CASH.

Attached to this letter is a copy of the said check with the stamp of dishonoured
deposit.

Accordingly, FINAL DEMAND is hereby made upon you to settle the


amount of Php 1,500,000 within FIFTEEN (15) days from receipt of Commented [u4]: Prision Correccional to

this letter. Otherwise, we will be constrained to file the necessary legal Commented [u5]: law requires 3 days from notice of
dishonour and 5 days from dishonour sa Art 315 and
action against you to protect the interest of our client. BP22 respectively so sobra

We trust that you will give this matter your prompt and preferential
attention to avoid the expense and inconvenience of litigation.

Truly yours,

ATTY. ______________ Commented [u6]: Do we write on behalf of our client or is it


written by the client himself?
In the instant case, petitioner through counsel, admitted receipt of private complainant's
demand letters sent via registered mail, informing him of the dishonor of the checks and
the reason therefor; and demanding that the value of the check be paid in cash. Commented [u7]: Basis
Pertinent portion of the transcript of stenographic notes, reads: (Ongson vs People)

The offenses we are required to complain of are both Estafa


under Art 315(2b) and BP22
Art 315(2b) is Estafa by postdating a check or issuing a check in payment of an
obligation
Elements of which are:
(1) That the offender postdated a check, or issued a check in payment of an obligation
(2) That such postdating or issuing a check was done when the offender had no funds
in the bank, or his funds deposited therein were not sufficient to cover the amount of
the check.

BP22 is Bouncing Checks Law


Elements of which are:
(1) Making, drawing, and issuance of any check to apply on account or for value
(2) Knowledge of the maker, drawer, or issuer that at the time of issue he does not have
sufficient funds in or credit with the drawee bank for the payment of the check in full
upon its presentment
(3) Subsequent dishonor of the check by the drawee bank for insufficiency of funds or
credit, or dishonor for the same reason had not the drawer, without any valid cause,
ordered the bank to stop payment.

SEC. 2. Evidence of knowledge of insufficient funds. - The making, drawing and issuance
of a check payment of which is refused by the drawee because of insufficient funds in or
credit with such bank, when presented within ninety (90) days from the date of the
check, shall be prima facie evidence of knowledge of such insufficiency of funds or credit
unless such maker or drawer pays the holder thereof the amount due thereon, or makes
arrangements for payment in full by the drawee of such check within five (5) banking
days after receiving notice that such check has not been paid by the drawee.