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BP 22 case, filed even with arrangement for payment.

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matamatz


Arresto Menor
GOOD DAY!
i would like to ask for an advice. any will be much appreciated.
Here is a quick info:
i was a distributor for products of a very big international company. but here in the phil, it is just a franchise.
i issue pdc to cover stocks purchased.
we have a contract
when they(the company) violated their contract for my distributorship, i decided not to fund the checks so that we can liquidate for we both have unsettled accounts to each other.
few weeks later, i received a demand letter regarding my bounced checks. i, contemplating on the revised penal code went to the company and talked with the general manager. the general manager offered to a settlement. he said that i can pay through monthly ammortization the unsettled accounts, so i agreed.
in the next few weeks, to my surprise, i received a subpoena to counter the complaint filed against me by the finance manager.
i asked the finance manager why he filed a case against me, he said that the length of the ammortization period was too long. but the general manager agreed to the terms already, the company even received the pdcs and gave me a receipt for them.
if the finance manager found the terms too long, but the general manager which signed the contract with me agreed to the terms, isn't this considered a novation already? the finance manager is the authorized person to handle this bad debt cases in behalf of the company, but to me, the person i deal with is the general manager becuase we are the two parties signed the contract. if the finance manager doesnt agree,but the general manager agrees, isnt this an internal problem in their company?
if not, will a warrant be issued to me even if i attend the hearing always. what if they will not send me a notice for the hearing just to hasle me and pressure an immediate payment through warrant of arrest, can they do this? and just an additional info, i also have a strong case against them for breach of contract and estafa for not fulfilling their end, but i did not file the case yet.
thank you.

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attyLLL


moderator
did you get back the bounced checks? bad move if not. do they have written proof that you received the notice of dishonor?

nevertheless, you can argue that your agreement extinguished your criminal liability not because of novation but because bp 22 is a compromisable case.

who signed the demand letter? you can argue that the GM had apparent authority to compromise with you.


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3 will a warrant be issued? on Sun May 01, 2011 11:28 pm

matamatz


Arresto Menor
thank you for the quick reply.

unfortunately i did not get back the bounced checks because all the while i was thinking that we had an arrangement already.

my only proof of the arrangement was the receipt that the company issued for the new monthly ammortization post dated checks which the General manager agreed to, to cover the bounced checks.

i got the knowledge that there will be no warrant issued unless i dont appear in court during hearings, but now that there is a joint resolution that a case be filed against me from the prosecutor, will the court issue a warrant to me or will i just be issued subpoena to appear in court? i asked the prosecutor, he told me that i will be given a warrant, but my research told me that there will be no warrant unless i dont appear in court. which one is true? can anyone please enlighten me.

thank you.

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attyLLL


moderator
monitor your case closely so that you will know when the arraignment will be scheduled. only if you don't attend will a warrant be issued.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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5 strength from this site on Fri May 06, 2011 10:35 am

matamatz


Arresto Menor
thank you moderators for a quick response. i got a lot of strength from this site.
Smile

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6 Need advise pls for BP22/Estafa Case on Sun Jul 21, 2013 11:53 pm

lowieda


Arresto Menor
Hi I just want to seek for an advise, may loan po ako sa lending company and di ko na po nababayaran dahil nawalan po ako ng trabaho. Nagissue po ako ng tseke sa kanila. Gusto ko lang po malaman, kasi nagpapadala po sila sakin ng notice of dishonor sa house namin pero since di na po ako don nagstay di ko po nasasign yung notice. Ask ko lang po, kung mag progress ba yung case sakin kahit hindi ko napipirmahan yung notice of dishonor? And kelan po papasok yung sinasabi nila na arraignment?

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Bruised Ween(er)


Arresto Menor
Pwede po dahil maliban sa notice of dishonor na hindi nyo pinirmahan, pwede po silang magbigay ng ibang ebidensiya para patunayang nalaman mo ang tungkol sa notice of dishonor. At alam na nga po ninyo di po ba?

Magkakaroon po ng Arraignment pag umabot na sa court ang kaso. Eto yung bababsahin sa inyo yung Information o habla tapos tatanungin kayo kung naintindihan nyo. Kung oo, tatanungin kayo kung inaamin nyo o hindi ang habla. Dapat may abogado na kayo sa arraignment. Kung wala pwde pong mag-appoint yung court ng abogado para i-assist kayo sa arraignment. Sumipot po kayo dito dahil kung hindi pwede po kayong ipa aresto. sifone 

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