Reyzen Paul Unite Mendiola 2011030966

Legal Counselling and Social Responsibility – CLEP 4E

TASK 2

A prospective client, ABCDE CORPORATION, sought your advice on the demand

letter it received, which reads:

February 12, 2023

ABCDE CORPORATION
The Highest Tower, Don F Ortigas Jr. Ave.,
Ortigas Pasig City
Gentlemen:
We write you this letter on a matter which, we believe, deserves your most urgent attention and
concern.
As it happened, your company retained the services of our client 12345 Freight Forwarding
Company to act as your duly accredited broker for several shipments you imported to the
Philippines. Particularly, for your January 2023 shipments, you have unpaid brokerage fees
amounting to Php. 5,000,000.00. A copy of the statement of account is hereto attached for your
reference.
Moreover, as partial payment for the above amount, you issued to our client Bank of the
Philippine Islands Check no. 0000111 dated 01 February 2023 amounting to Php. 2,500,000.00.
However, the check was dishonored upon present for payment for having been drawn against a
closed account. Attached hereto is a copy of the check for you reference.
Thus, FINAL DEMAND is hereby made upon you and/or your Company to: a.) Pay your
outstanding unpaid brokerage fees amounting to Php. 2,500,000.00; b.) make good the value of
the check amounting to Php. Php. 2,500,000.00 within five (5) days from receipt of this letter.
Otherwise, much to our regret, we shall be constrained to file civil and criminal complaints
against you including violation of Batas Pambansa Blg. 22 or the Bouncing Checks Law.
Very truly yours,
For the Firm,
ATTY. JUAN DELA CRUZ
 As the lawyer for the Corporation, prepare the following:

1.) Draft Q and A of the possible questions you might ask your client;

A. Q: May you please state your name, age, and other personal circumstances?
A: I am Ma. Claire Makiling, President of ABCDE Corporation, 36 years old,
married, Filipino, and a resident of 669 Dapitan Street, Sampaloc, Manila City.

B. Q: May you please state who sent you this demand letter?
A: Chris Ibarra Solidaridad, President of, and representing, 12345 Freight
Forwarding Company.

C. Q: What is the nature of your business?

A: ABCDE Corporation is engaged in the business of manufacturing and selling
Styrofoam products and plastic cutleries.

D. Q: Was a written contract executed between your company and 12345 Freight
Forwarding Company?
A: Yes, there was.

E. Q: Did you issue a Bank of Philippine Island (BPI) check, bearing the nos.
0000111?
A: Yes, I did.

F. Q: When did you issue the aforementioned check?

A: Upon receipt of the shipment of raw materials I procured overseas, February
1, 2023.

G. Q: Prior to this letter, did you receive any other demand letter?
A: Yes, I have, last February 3, 2023.

H. Q: Did you, or ABCDE Corporation, know its account was already closed when
you issued the check?
A: No, I did not. In fact, I’ve only known about the closed account when the
demand letter was sent in my office.

I. Q: Did you receive any notice of dishonor?

A: No, I did not.
 2.) What are the applicable laws and possible defenses against in a BP
22 complaint?

The applicable law against a Batas Pambansa Blg. 22 (B.P. Blg. 22) complaint is
B.P. Blg. 22 itself. Moreover, since the aforementioned law is a special penal law, the
Revised Rules of Criminal Procedure is likewise applicable. Finally, since the
respondent may be held liable simultaneously for estafa for acts committed against B.P.
Blg. 22, the Revised Penal Code may also be applicable.
Defenses against a B.P. Blg. 22 complaint include:
a. The dishonored check was paid within five (5) banking days from receipt of
notice of the dishonor;
b. The respondent paid the complainant the value of the check before a criminal
case is filed in court;
c. There was no written notice of dishonor given to the drawer/issuer;
d. There is a substantial change or novation of the obligations of the parties
involved;
e. The stop payment was made due to a valid reason;
f. The payee was informed that the check had no sufficient funds during the
issuance.

3.) Draft the complaint affidavit and the counter-affidavit/answer on

the BP 22 case plus all other necessary documents to file the same in
court.
 REPUBLIC OF THE PHILIPPINES
NATIONAL JUDICIAL REGION
OFFICE OF THE CITY PROSECUTOR
MANILA CITY

12345 FREIGHT FORWARDING COMPANY,

as represented by its President, CHRIS IBARRA SOLIDARIDAD,
Complainant,
I.S. No. 115700
- versus -
For: Violation of
B.P. Blg. 22
ABCDE CORPORATION,
as represented by its President, MA. CLAIRE MAKILING,
Respondent.

x-------------------------------------------------------------------------------------------------x

COMPLAINT AFFIDAVIT

THE UNDERSIGNED COMPLAINANT respectfully alleges:

I, CHRIS IBARRA SOLIDARIDAD, President of 12345 Freight
Forwarding Company, of legal age, Filipino, single, and with postal
address at 668 Dapitan Street, Sampaloc, Manila City, after having been
duly sworn to in accordance with law, hereby accuses:
MRS. MA. CLAIRE MAKILING, President of ABCDE Corporation,
with postal address at 669 Dapitan Street, Sampaloc, Manila City where
summons and notices may be served for Estafa and for violation of Batas
Pambansa Blg. 22 committed as follows:
1.0. That, on January 2, 2023, ABCDE Corporation engaged with the
services of 12345 Freight Forwarding Company to ship two (2) tons of
what it claimed to be raw materials for Styrofoam products and
plastic cutleries from Bangladesh to the Philippines;
2.0. That, the shipment arrived in the Philippines on January 28, 2023 and
was promptly delivered to ABCDE Corporation’s principal address
on February 1, 2023;
3.0. That, on February 1, 2023, Mrs. Makiling issued a Bank of the
Philippine Island Check, bearing the nos. 0000111 with a value of
Two Million Five Hundred Thousand Pesos (PHP 2,500,000.00),
constituting a partial payment of the shipment, to me;
4.0. That, at the time Mrs. Makiling issued the check to me, she made the
assurance and representation that the said check is a good check and
would be covered by sufficient funds when presented for payment;
5.0. However, when the above mentioned check was deposited, the same
was dishonored and returned by the bank on the ground that the
same was drawn against a “CLOSED ACCOUNT.” A true and
faithful machine reproduction of the said check is hereto attached as
Annex “A”;
6.0. As such, I immediately notified Mrs. Makiling of the dishonor and
return of the said check on February 3, 2023, and demanded from her
that she make good of the said check within seven (7) days from
receipt thereof. A true and faithful machine reproduction of my
demand letter to him is hereto attached as Annex “B”;
7.0. When Mrs. Makiling failed to heed my demands, I endorsed the said
check to my legal counsel who immediately sent a formal demand
letter through registered mail with return card on 151 Pitong Gatang
Street, Tondo, Manila City, which was received by Mrs. Makiling on
February 15, 2022. As of March 12, 2023, however, Mrs. Makiling has
unjustifiably ignored all these demands to pay the said amount and
to redeem the said returned check. A true and faithful machine
reproduction of my demand letter to her is hereto attached as Annex
“C”;
8.0. I am therefore executing this Complaint Affidavit in support of the
charges for Violation of Batas Pambansa Blg. 22, in conjunction with
Republic Act No. 4885 against Mrs. Makiling, who may be served
with subpoena and other processes of this Honorable Office at her
 principal place of business 669 Dapitan Street, Sampaloc, Manila
City.

IN WITNESS WHEREOF, I have hereunto set my hand this March

12, 2023, at 151 Pitong Gatang Street, Tondo, Manila City, Philippines.

CHRIS IBARRA SOLIDARIDAD

In representation of 12345 FREIGHT FORWARDING COMPANY
COMPLAINANT

SUBSCRIBED AND SWORN to before me this 12th of March 2023 in

Manila City, the affiant exhibiting to me his National ID, card no. 001157.

DENNIS CONCEPCION
CITY PROSECUTOR

CERTIFICATION

I hereby certify that I have personally examined the affiant and am

satisfied that he voluntarily executed and understood his complaint-
affidavit.

DENNIS CONCEPCION
CITY PROSECUTOR
ANNEX “A”
 ANNEX “B”
February 3, 2023

ABCDE CORPORATION
The Highest Tower, Don F Ortigas Jr. Ave.,
Ortigas Pasig City

Gentlemen:
We write you this letter on a matter which, we believe, deserves your most urgent attention and
concern.
As it happened, your company retained the services of our client 12345 Freight Forwarding
Company to act as your duly accredited broker for several shipments you imported to the
Philippines. Particularly, for your January 2023 shipments, you have unpaid brokerage fees
amounting to Php. 5,000,000.00. A copy of the statement of account is hereto attached for your
reference.
Moreover, as partial payment for the above amount, you issued to our client Bank of the
Philippine Islands Check no. 0000111 dated 01 February 2023 amounting to Php. 2,500,000.00.
However, the check was dishonored upon present for payment for having been drawn against a
closed account. Attached hereto is a copy of the check for you reference.
Thus, DEMAND is hereby made upon you and/or your Company to: a.) Pay your outstanding
unpaid brokerage fees amounting to Php. 2,500,000.00; b.) make good the value of the check
amounting to Php. Php. 2,500,000.00 within seven (7) days from receipt of this letter.

Very truly yours,

CHRIS IBARRA SOLIDARIDAD

 ANNEX “C”
February 12, 2023

ABCDE CORPORATION
The Highest Tower, Don F Ortigas Jr. Ave.,
Ortigas Pasig City

Gentlemen:
We write you this letter on a matter which, we believe, deserves your most urgent attention and
concern.
As it happened, your company retained the services of our client 12345 Freight Forwarding
Company to act as your duly accredited broker for several shipments you imported to the
Philippines. Particularly, for your January 2023 shipments, you have unpaid brokerage fees
amounting to Php. 5,000,000.00. A copy of the statement of account is hereto attached for your
reference.
Moreover, as partial payment for the above amount, you issued to our client Bank of the
Philippine Islands Check no. 0000111 dated 01 February 2023 amounting to Php. 2,500,000.00.
However, the check was dishonored upon present for payment for having been drawn against a
closed account. Attached hereto is a copy of the check for you reference.
Thus, FINAL DEMAND is hereby made upon you and/or your Company to: a.) Pay your
outstanding unpaid brokerage fees amounting to Php. 2,500,000.00; b.) make good the value of
the check amounting to Php. Php. 2,500,000.00 within five (5) days from receipt of this letter.
Otherwise, much to our regret, we shall be constrained to file civil and criminal complaints
against you including violation of Batas Pambansa Blg. 22 or the Bouncing Checks Law.

Very truly yours,

For the Firm,

ATTY. JUAN DELA CRUZ