Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

X ordered assorted yarns amounting to P321394 from Z Corporation through its Vice-president for Operations, Y. In partial payment thereof, X issued 11 postdated checks

image text in transcribed
image text in transcribed
X ordered assorted yarns amounting to P321394 from Z Corporation through its Vice-president for Operations, Y. In partial payment thereof, X issued 11 postdated checks amounting to P134275. Whenever a check matured, however, X would either call or write to Y requesting him not to deposit the checks clue to lack of sufcient funds. In consideration of their business relationship, Y acceded to the request. But X continued to fail to settle her account. On October 6, 2022, Y deposited Check 0001 dated Juiy 25, 2022, but it was dishonored for Insufciency of funds. Y immediately informed X of the dishonor, who asked him to defer depositing the other checks since she was encountering nancial difculties. On October 8, 2022, Y received a letter from X explaining her predicament and reiterating her request to coordinate rst with her ofce before depositing any other check. She aiso offered to replace check 0001 with manager's check but failed to do so. In November 2022, Y tried to follow up with X, but she never returned hius call. On November 7, 2022, Y deposited Check 0002 dated July 21, 2022, but X made a stop payment order. On November 11, 2022, Y received a letter from X apologizing for her failure to pay with a promise to communicate on November 21, 2022. Since X failed to make payments, Y deposited the remaining checks which were all dishonored because the account has been closed. Y attempted to contactr X, but she never responded. Y also sent demand letters to X last known address, but she still failed to pay the value of the checks. On November 23, 2022, Y's counsel sent a demand letter to X's residence at Greenhills, San loan but the security guard of the townhouse complex refused to accept the letter in compliance with X's order. Thus, the liaison ofcer left the letter with the security guard with the instruction to deliver the same to X. Thereafter, he sent a copy of the demand letter to X by registered mail which was returned to his counsel's ofce with the notation \"N/S Party Out 12/12,!\"2022\" and that X did not claim it despite three notices to her dated December 12, 2022, December 22, 2022, and January 2, 2023, respectively. On June 5, 2023, X was charged with 11 counts of violation of BP 22. During trial, X claimed that she has an agreement with Y not to deposit her checks unless she gave a go signal. But Y ignored the agreement and deposited the nine checks which resulted in the closure of her account. On August 27, 2024, the lower court found X guilty of 10 counts of violation of BP 22. Was the demand letter sent by Y constituted the notice of dishonor required by BP 22

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Law Express English Legal System

Authors: Emily Finch, Stefan Fafinski

8th Edition

1292295457, 978-1292295459

More Books

Students also viewed these Law questions

Question

What does stickiest refer to in regard to social media

Answered: 1 week ago

Question

The relevance of the information to the interpreter

Answered: 1 week ago

Question

The background knowledge of the interpreter

Answered: 1 week ago