Question
Ms. Ana Dela Rosa, the manager and check signatory of Dela Rosa Corporation travelled to Mindanao for one (1) month. He left 10 pre-signed checks
- Ms. Ana Dela Rosa, the manager and check signatory of Dela Rosa Corporation travelled to Mindanao for one (1) month. He left 10 pre-signed checks for business operation of the company.
The company made a purchase of materials needed in its operation from Bright company for P150,000 but Mr. Bright wanted cash or be covered with postdated check for 3 days before he delivers. Zoe the Cashier, issued to Mr. Bright the pre-signed check and had it dated due after three (3) days. The next day, the company had an emergency purchase of equipment parts using another pre-signed check resulting to have a bank balance of only P50,000. On due date, Mr. Bright deposited the check but it bounced due to insufficiency of funds. Mr. Bright, demanded to replace the check but it took already 10 days, the company has not yet replaced with good check the postdated checks issued because, the company cannot secure enough fund to cover the issued postdated check. The cashier did not call Ms. Dela Rosa for fear he would be fired.
Mr. Bright is contemplating to file a case against the Manager, Ms. Ana Dela Rosa but he is not sure what kind of case he would file. Would it be violation of BP 22 or violation of RPC for estafa.
Mr. Bright asked your recommendation as your former business colleague.
What will be your recommendation?
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