Assignment #7

On 01 December 2019, business partners Harvey Specter and Mike Ross borrowed PhP700,000
from Chandler Bing. It was agreed that the amount will be paid in full one (1) year after, or on
30 November 2020, with interest at the rate of 10% per annum. Harvey and Mike also agreed to
be bound jointly and severally. For this purpose, Harvey and Mike executed a promissory note
in favor of Chandler, secured by a postdated check dated 30 November in the amount of
PhP770,000 drawn from Harvey and Mike’s joint account. Draft the said promissory note. [5
points]

When the debt became due, Chandler deposited the check but it was dishonored for insufficient
funds. Draft the notice of dishonor/demand letter to be sent to Harvey and Mike. [5 points]

The notice of dishonor went unheeded. Draft a complaint for the collection of a sum of money
to be filed by Chandler against Harvey and Mike including the required verification and
certification of non-forum shopping. [10 points]

Draft the judicial affidavit of Chandler. [10 points]

On 01 June 2021, the sheriff of the Municipal Trial Court of Dumaguete City, where the case
was raffled, was able to personally serve to Harvey and Mike the summons issued by the court
together with the complaint with attached annexes. After the lapse of the reglementary period
provided under the Rules to file an answer, Harvey and Mike failed to file their answer to the
complaint. Draft a motion to declare Harvey and Mike in default. [10 points]

Chandler likewise filed a complaint-affidavit against Harvey and Mike for violation of B.P. 22
before the Office of the City Prosecutor of Dumaguete City. As the investigating prosecutor
assigned, you found probable cause to charge Harvey and Mike for violation of B.P. 22. Prepare
an accusatory portion of the criminal information to be filed in court. [10 points]

Note: Rules 9, 11, 14 and 15 of the 2019 Amended Rules of Civil Procedure.
Deadline: For items A and B, 05 May 2022, on or before 11:00 A.M.
For items C and D, 12 May 2022, on or before 11:00 A.M.
For items E and E, 19 May 2022, on or before 11:00 A.M.