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Undated check

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1 Undated check on Fri May 13, 2011 1:05 am

yonP


Arresto Menor
What is your opinion on me placing a date on an undated check, and made a Promissory note which coincides with the date I placed on the undated check, made a mistake on the year, and had the owner of the check correct the year and placing his signature near the revised year.

Can that be considered as undated check?

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yonP


Arresto Menor
Regarding the undated check in my favor wherein I placed the date and made a Promissory Note which bounce, do I have the right to filed a Complaint Affidavit in the Court?

The Respondent through the guidance of her Lawyer made a Reply on my Complaint Affidavit in the following premise:

1. That according to her, she issued an undated check.

My rejoinder: Since I already place a date on the undated check, made an error on the year, having corrected by the Respondent and attest her signature, then it is no longer an undated check.

Secondly, she signed a Promissory Note wherein the date of the postdated check coincide with that of the promissory note, and therefore it is no longer an undated check.

2. That I prepared the Promissory note whereby the Respondent signed yet now she consider it spurious most likely by the Advise of her Lawyer. She even said that I threaten her into signing the Promissory Note. And third, that she is mentally incapable of signing a contract.

My rejoinder: The Respondent was formerly a military lady, and supplier of hundreds of thousand pesos worth of military supplies, so how can she say that she is not mentally capable?

3. The Respondent said, I did not informed her that I will file a lawsuit against her.

My rejoinder. How can she say that when she signed my Demand Letter which I personally delivered to her residence and was signed by her? In my Demand Letter, I said that I will give her 5 days to settle the account, otherwise, I will sue her.

4. She said that she paid the loans already and showed several checks amounting to not more than fifty thousand pesos (P 50,000) and added the salary deduction of her husband worth eighty thousand ( P80,000) as my former guarantor plus the cash deposits to my account of about forty Thousand pesos ( P40.000) with an aggregate amount of P 390,000 considering that her obligation was P500,000. The problem here is that those bank deposit receipts she use as Annexes were dates before the Check's dated. Her payment were also done before the Promissory Note was signed.

My Rejoinder is, All deposits made prior to the date of the Check or the promissory note has no bearing to the particular Complaint. My reason is that, she admitted that our business relationship stretch all the way to 1990. The Promissory Note was dated 2005 and the payments she use as Annexes were dated some time in 2002 and 2003. The question is why pay for something that has not yet exist?

5. She mentioned in the Counter Affidavit that the half a million pesos was a form of investment.

My Rejoinder: In her Promissory Note, it stipulates that she obtain a loan and not an investment.

6. Last, the Lawyer of the Respondent aver that I committed a perjury because the check was undated, and was issued way back 2002.

My rejoinder. Since the check is undated, and then later on, it was restructured and supported by a Promissory Note, how then that the lawyer says that the check has lapse? Then again, he said that the Promissory Note is spurious because the date is different from the first Promissory Note. The question here is it illegal to restructure a loan using an undated check but this time the date has been written down on the check.

Because of the recalcitrance of the Respondent lawyer considering that I am not a lawyer, I file a complaint in the Judiciary Bar Council at the Supreme Court against the Respondent lawyer.

I cited that the Respondent Lawyer has violated the Cannon of Professionalism among lawyers. In that Cannon, it says that Lawyers should study carefully the case at hand, and should not encourage their client to commit perjury. That the Lawyers should be frank to their client if the case at hand is winnable or not. And if not, to advice their client to resort to an amicable settlement.

I also mentioned in my Complaint against the Respondents lawyer that in the Reply to the Complaint Affidavit, the Lawyer of the Respondent included a counter Charge of Perjury against me, as Complainant.

I say again, I am not a lawyer, but I feel that it is inappropriate, unethical, immoral, and unprofessional on the part of the Respondent's Lawyer to make a Counter Charge of Perjury even before winning the case.

What seems to be too obvious is that the Respondent Lawyer is trying to intimidate the Complainant and cast suspicion to my integrity and credibility before the Court.

And so, Sir, I rest my case to you. Am I right to bring the attention to the Judiciary Bar Council regarding his actuation? Farther more, he again threaten me that he will file charges against me on top of a Perjury if he is considered innocent as charge by the Judiciary Bar Council. The question here is, "Are Lawyers practice these method of making Counter Charge of Perjury even before the case is heard in the Court?"

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3 Re: Undated check on Fri May 13, 2011 9:55 am

attyLLL


moderator
what did you file, bp 22?

most perjury complaints are just counter charges meant to intimidate the complainant. they are routinely dismissed unless the lie is too glaring.

if i were your lawyer, i would have said to just focus on the case and answer the perjury charge. nevertheless, you have a right to initiate your complaint at the IBP.


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yonP


Arresto Menor
When I quote the Cannon on Professional ethics, do you think, even just for a bit, will the Respondent's lawyer be reprimanded for encouraging the Respondent to lie in her Counter Affidavit?

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5 Re: Undated check on Fri May 13, 2011 11:49 pm

attyLLL


moderator
unless you are able to prove that he knew that it was false and he encouraged his client to commit perjury, my thinking is that there will be no disciplinary action.


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yonP


Arresto Menor
In the Cannon of Lawyer's Professional Ethics, it stipulates that Lawyers when rendering service to their client has to study fully well the crux of the matter. Meaning, they have to know all the facts as much as possible to avoid giving false hope to their client.

The problem here is that the client's Counter Affidavit is already full of glaring lies such considering the check as undated when in fact the Respondent's signature is reflected right where the date is written.

The Respondent perjure when she is not aware that I, the Complainant will file Criminal Charge of violation of B.P. 22, the fact that she has signed the demand letter.

The Respondent has committed several alibi on top of these, wherein the impression is that she is just doing these to abnegate in her obligation.

Now, being the Lawyer of the accused, are you not liable too of violating the Cannon of Professional Ethics which you vow to upheld?

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yonP


Arresto Menor
I filed a Complaint Affidavit in the SC Bar Confidant on matters which I believe was a wrong move by the Respondent's council. I believe that the lawyer of the Respondent in a Court case was not protecting his client by allowing the client to perjure herself in her Counter Affidavit.

Base on the "Lawyer's Cannon on Professional Ethics", Lawyers should study thoroughly the case before he give advice whether to pursue of not to pursue the case.

The Lawyer I filed with Complaint Affidavit in the SC threaten me that he will file damages for bi-smirking his reputation.

Is this legal?

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8 Re: Undated check on Sat Jun 25, 2011 4:21 pm

attyLLL


moderator
he can certainly file a case against you, but it will be his burden to prove that you should be made liable.


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9 Re: Undated check on Tue Aug 16, 2011 3:52 am

yonP


Arresto Menor
I filed a complaint affidavit in the Comelec regarding the election irregularity. After 4 years, I reported twice at Q.C. Comelec Office, unfortunately the respondent did not appear twice. Now, the Comelec Lawyer want me to write a memorandum. The question is what is a Memorandum after the respondent failed to appear on the hearing? The Comelec Lawyer said, the report will determine the result of the resolution. I am at a lost what is a Memorandum and what should be it's content. Pls. Help.

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10 Re: Undated check on Wed Aug 17, 2011 9:38 pm

attyLLL


moderator
a memorandum will summarize all your points and the basis of your complaint, and how the law applies.


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11 Re: Undated check Today at 3:54 pm

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