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Do you personally know Private Complainant Rose Ann

A. Delgado?
Yes. She is a co-proprietor of NLD Marketing, the
enterprise where I buy Coca-Cola Products for my
business.
How long have you been buying products from Private
Complainant?
5 months. September-January 2012
How do you get the products?
I ask my driver to pick up the products from their
warehouse.
W
How do you pay for the stocks?
I pay them through checks. They give me __ days to pay
after receipt of the stocks.
When you receive the products, does NLD give you an
invoice to show the total amount of the products
delivered?
Do you go with your driver to pick up the products?
No.
Do you know whether your driver receives an invoice of the
products and its amount?
Yes. The driver receives the invoice but there are times that
NLD Marketing does not give an invoice.
Do you immediately pay for the products upon its receipt?
No. I am given at least a week to pay for the products.
What is your mode of payment?
Usually I pay them cash. Although I give them a blank check
but it is only for security to assure that I will pay in one week.
If one week has passed, I will pay them in cash and get back
the blank check. Sometimes I let them fill up the check

So the check that you give to them is only for security, and not
intended for payment?
Yes.
Who fills up the blank checks?
______ fills up the checks as to the date and amount.
Are these checks signed?
Yes. My wife signs the checks.
How would you know how much ___ would write in the check?
I will only know when a certain amount is already deducted
from my account.
Do you check if the amount written in the check is the same
amount as the amount of the products you ordered?
Yes.
How would you know the amount written in the check if you
just give a blank check to ___?
I would only know if the amount in my account has already
been deducted.
Do you know whether the amount written in the check is
equivalent to the amount of products you received?
Sometimes. I can compare the amount deducted in my
account and the amount in the invoice given. However, there
are times when ____ does not give me invoice of my order. So, I
will just assume that the amount written is correct.
Do you have any fear if in case the amount written in the
check is in excess of the total amount of orders you
purchased?
I trust _______. I do not have any inkling thought that that the
spouses ____ can do such thing to me. ____ is a very close
friend of mine.
After you pay, do they give you receipts?
No. They do not.
Do you ask for one?

______
Can you describe your business relationship with ___?
Our business relationship stared out smooth. They provide me
the products and there was no problem in terms of payment.
However, sometime in December, I started to incur losses.
You mentioned earlier that you are given one (1) week to pay
after receiving the products, is there a time when you extended
your date of payment?
Yes. During late December and early January my business
started to incur losses. I would ask for an extension of
payment. I also asked them if I could obtain some of the
invoice that I did not receive so I could check my cash flow,
however, they declined my request.
As of now, do you know the amount of your indebtedness to
_____.
I do not know exactly since I did not receive any invoice or
statement of account from _____. However, they are demanding
from me a sum of _____.
Do you have any intention to pay your debt?
Yes. It is my moral obligation to pay. I even gave my truck to
them as a security until I can pay. However, aside from my
inadequate funds to pay, I do not know exactly how much I
owe _____.
You said that they demanded payment from you, did you
receive any demand letter?
No. I did not receive any demand letter. They only call me over
the phone. They demanded that I execute a Deed of Sale for
my truck to be disposed in their favour as payment of the debt.
Did you execute a Deed of Sale in their favour?
No. I did not. That is the reason why they filled up the
remaining blank checks with them and presented it to the
bank.
I am showing you six (6) checks, can you tell me the relation of
these checks to the one you mentioned?

Note:
Those are the same checks. Those are the blank checks that
they filled up and presented to the bank.
Did you receive any invoice or statement of account that
correlates with the amount in the check?
No. I do not even know if this is the correct amount of my
obligation.
In the following checks, there appears to have a signature,
whose signature is this?
That is my wifes signature.
The Private Complainant is filing a complaint against you for
BP 22, did you receive a Notice of Dishonor informing you that
you have insufficient funds?
No. I did not receive any Notice of Dishonor.

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