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Lack of Jurisdiction?

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1 Lack of Jurisdiction? on Tue Aug 20, 2013 5:09 pm

sh3424


Arresto Menor
Bebang contracted Bruno's shop, located at Las Pinas City, for office furniture for his 3 storey building in Makati City, for a total contract price of two million pesos. Bruno delivered furnitures for 20 offices out of the 50 offices, located at different floors of the building. Bebang paid only 30% in cash as down payment to Bruno for every delivery made as down payment. On June 7, 2013, Bruno asked Bebang to pay the balance on the 20 office furniture delivered or P/80,000.00 before delivery of the remaining orders. But instead of paying the balance, Bebang gave him a check with no. 2222 in the amount of P/300,000.00. Three days after, Bebang sent a letter to Bruno demanding the delivery of the remaining orders within 15 days otherwise the contract will be cancelled and legal actions for damages shall be filed against Bruno. The check paid by Bebang  was deposited in his bank in Muntinlupa City. The check was dishonored due to a "STOP PAYMENT ORDER-FUNDED" by Bebang. A Notice of Dishonor was received by Bebang on June 18, 2013. The check was issued to Bruno at Makati City and deposited in Muntinlupa City.
Bruno filed the case of violation of BP 22 against Bebang in Muntinlupa City. Bebang filed a motion to quash for lack of jurisdiction.

Issue: Whether or not the METC of Muntinlupa has jurisdiction over the case.

I need help urgent, I am a law student and I am having a hard time looking for references. Thank you so much!

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2 Re: Lack of Jurisdiction? on Wed Aug 21, 2013 1:12 am

gomez3279@ymail.com


Arresto Menor
Mr. we have the same case that need to be pass urgent. If you don't mind. You are from what school? If there is someone gives you an answer about this case please share your blessing. thank you.

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3 Re: Lack of Jurisdiction? on Wed Aug 21, 2013 2:11 pm

Atty.Melki


Arresto Mayor
The elements of said offense do not take place simultaneously but one after the other. It may occur then that the making, drawing and issuance of a check takes place in one municipality or territory while the dishonor thereof in another. Hence, it may be instituted and tried in the court of the municipality or territory where it was made, drawn and issued or where it was dishonored.

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4 Re: Lack of Jurisdiction? Today at 6:25 am

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