Escolar Documentos
Profissional Documentos
Cultura Documentos
Sir,
Based on his narration of facts and set of evidence presented, you can be prosecuted
criminally and civilly. Under Article 315, (2-d) of the Revised Penal Code which states as
follows:
Art. 315. Swindling (estafa). Any person who shall defraud another by any of the
means mentioned herein below . . .
xxx xxx xxx
2. By means of any of the following false pretenses or fraudulent acts, executed
prior to or simultaneously with the commission of the fraud;
xxx xxx xxx
(d) By postdating a check or issuing a check in payment of an obligation when the
offender had no funds in the bank, or his funds deposited therein were not sufficient to
cover the amount of the check.
Your act in issuing checks from an unfunded account is a criminal act under the Revised
Penal Code and of the Batas Pambansa Blg. 22 or known as Bouncing Checks Law. To avoid
prosecution, I am demanding you to PLEASE SETTLE YOUR MONETARY OBLIGATION
WITH MY CLIENT IMMEDIATELY.
It would be harsh on your part if we will file a complaint directly in court without giving
you an ample opportunity to settle your obligation. Thus, may I give you one last opportunity to
settle with my client, within SEVEN (7) days from the receipt of this notice; otherwise, we will
be constrained to file appropriate criminal and civil actions against you in court.
Your continuous failure could give me no other recourse except to bring this matter in
court. Enclosed herewith are the photocopies of the investment agreement and of the bounced
checks for your perusal.