Inter-office Internal Memorandum

To : Atty. John Doe

From: XXXXXXXXXXX
Date : 04 May 2023
Re: Whether or not breaching of contract is tantamount for eviction and issuance of bouncing checks is
ground for violation of B.P Blg. 22

Reference is made to the question of legality in the case of Jean Rodriquez vs. Jane dela Cruz.

You have asked me to prepare a legal memorandum on the question of whether or not breaching of
contract is tantamount for eviction and issuance of bouncing checks is ground for violation of B.P Blg. 22.

The facts are as follows:

Mrs. Rodriquez came to my office and asked for any legal action to sue Ms. Dela Cruz for breaching their
contract of which the complainant wants to issue a notice for eviction as well as filing a case of B.P. Blg.
22 after the checks being issued representing the fifth and sixth month payment had been dishonored
due to closed account.

Issue:
1) Whether or not breaching of contract is tantamount for eviction.
2) Whether or not issuance of bouncing checks is ground for violation of B.P Blg. 22

Brief Answer:

1) Yes. Under Rent Control Act of 2009 (RA 9653), grounds/ reason for eviction if the tenant fails to
pay the required monthly rent for a total three (3) months
2) Yes. The issuance of bouncing checks due to closed accounts is violation of B.P. Blg. 22. As
provides under the provision of B.P. Blg. 22. Any person who makes or draws and issues any
check to apply on account or for value, knowing at the time of issue that he does not have
sufficient funds in or credit with the drawee bank for the payment of such check in full upon its
presentment, which check is subsequently dishonored by the drawee bank for insufficiency of
funds or credit or would have been dishonored for the same reason had not the drawer, without
any valid reason, ordered the bank to stop payment. The facts clearly shows that Jane dela Cruz
issued a check under closed account.

It is therefore, the undersigned hereby recommends that a complainant must issue a notice of eviction
and file a case for the violation of P.B Blg. 22 against Ms. Jane deal Cruz.

XXXXXXXXX