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PROMISSORY NOTE

March 1, 2017

FOR VALUE RECEIVED, the undersigned Borrower(s) hereby


promises to pay to the order of CARMEN CARUNUNGAN the principal
sum of PHILIPPINE PESOS: FIVE HUNDRED THOUSAND (P 500,000),
due and payable without need of notice or demand on March 1, 2018,
together with interest on the principal amount; and in accordance with
the terms set forth below.

INTEREST: Interest rate of 10% per annum

JOINT AND SEVERAL LIABILITY: If there is more than one borrower of


this note, the obligation of each borrower shall be joint and several

DEFAULT: In case of default by the borrower(s), the lender may present


the check attached herein to serve as payment for the abovementioned
amount.

This Note is executed by the Borrower(s) and delivered to the Lender


this day of at , Philippines

LENDER BORROWER

BORROWER
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
THIRD JUDICIAL REGION
BRANCH
City of Malolos, Bulacan

PEOPLE OF THE PHILIPPINES


Plaintiff
Criminal Case No. 561-C- 2018
-versus- For: ESTAFA through falsification of
a commercial document

CARMINA CARUNUNGAN AND


CELESTE CARUNUNGAN
Accused
x----------------------------------------x

JOINT JUDICIAL AFFIDAVIT


OF
CARMINA CARUNUNGAN AND
CELESTE CARUNUNGAN

I, CARMINA COROMINAS, Filipino, of legal age, married, and residing at


Blk 10, Lot 15 Sunflower St. ,Pulong Buhangin Sta. Maria, Bulacan and I,
CELESTE COROMINAS, Filipino, of legal age, married, and residing at
Blk 5, Lot 5 Kimchi St. ,Pulong Buhangin Sta. Maria, Bulacan after having
been duly sworn in accordance with law, and in response to the
questions of ATTY.NIKKO FRANCHELLO J. SANTOS, at his office at 5/F
The Breakfast Club building, Tierra Road, Sta. Maria, Bulacan, with full
knowledge that I am under oath and may face criminal liability for false
testimony or perjury, hereby depose and state:

This joint testimony is being offered to prove the following:

1. The accused CARMINA and CELESTE CARUNUNGAN, cannot be


held guilty of the crime charged

2. The check issued is a form of security

3. The check was for a pre-existing debt

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QUESTIONS & ANSWERS:

1) Q: Please state your respective names, ages, and residences


A: We are Carmina Corominas and Celeste Corominas. Our respective
personal circumstances are stated in the preliminary information
above

2) Q: Why are you here now?


A: To give our joint sworn statement by way of a judicial affidavit –
kulang pa ito

3) Q: For the record, please state the name and address of the lawyer
who is now conducting or supervising your examination and the
place where the examination is being held now?

A: Our Legal Counsel, Atty. Nikko Franchello J. Santos is conducting


or supervising our examination now at his law office (NF Santos
Law Office) located at 5/F The Breakfast Club building, Tierra
Road, Sta. Maria, Bulacan.

4) Q- In what language do you want your examination to be conducted?


A- In English, Attorney.

5) Q: Are you the same Carmina Corominas and Celeste Corominas who
are co-accused in this case?
A: Yes, Sir.

6) Q: How do you know of the complainant in this case, Ms. Carmen


Carunungan?
A: She is our friend and our creditor

7) Q: How does she become your creditor?


A: It is when we contracted a loan with Carmen and borrowed
P 500,000 from her for to fund the expansion of our business and
we agreed that the amount will be paid in full with an interest rate
of 10% per annum without necessity of a demand and that we are
to be bound by the contract jointly and severally.

8) Q: When does this transaction happen?


A: On March 1, 2017, Sir.

9) Q: How do you prove this?


A: We have here the original contract signed by Carmen and the both
of us.
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(Witness is presenting copies of said contract which we pray to be
marked as Exhibit “1”.)

10) Q: After entering the contract what happened next?


A: The following day, Carmen went to our workplace in Marilao
and asked us to execute a promissory note and requested that
the loan be secured by a check representing the amount of
P 550,000.

11) Q: Have you complied with her request?


A: We agree to execute a promissory note but with respect to the
check of 550,000, we ask her if we could just use as security one
of our real property of the same amount.

12) Q: Did she agree with your offer?


A: No sir, she insisted that she wants the check as security and
nothing else.

13) Q: What did you do next?


A: We issued a post-dated check payable to Carmen in the amount
of 550,000 and the check was dated March 1, 2018.

14) Q: Do you have any proof?


A: We have here the copy of the promissory note which indicates
that the check issued is a security for the previously contracted
loan and the copy of the check we issued which attached in the
promissory note.

(Witnesses are presenting a copy of the promissory note dated March 2,


2017 and the copy of the check representing the amount of P 550,000
which we pray to be marked as Exhibit 2, Exhibit 3 respectively.)

15) Q: Do you want to add more in your testimony


A: No more for now, Sir.

21 February, 2019. Sta. Maria, Bulacan


CARMINA COROMINAS
Affiant

CELESTE COROMINAS
Affiant

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REPUBLIC OF THE PHILIPPINES)
STA. MARIA, BULACAN ) S.S.

SUBSCRIBED AND SWORN to before me on this _____day of


February 2019 at Sta. Maria, Bulacan, affiant who is personally known
to me, and/or has satisfactorily proven to me her identity through
competent evidence.

NOTARY PUBLIC

Doc. No. ____;


Page No. ____;
Book No. ____;
Series of 2018.

LAWYER’S ATTESTATION

I, Atty. Nikko Franchello J. Santos, do hereby attest that: (a) I have


conducted and supervised the examination of the witnesses, Carmina
Corominas and Celeste Corominas; (b) I have faithfully recorded and
caused to be recorded the questions I asked and the corresponding
answers that the witness gave; and (c) neither I nor any other person
then present or assisting me coached the witness regarding the latter’s
answers.

ATTY. NIKKO FRANCHELLO J. SANTOS

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REPUBLIC OF THE PHILIPPINES )
STA. MARIA, BULACAN ) S.S.

SUBSCRIBED AND SWORN to before me on this ___day of July


2018 at Sta. Maria, Bulacan, affiant who is personally known to me,
and/or has satisfactorily proven to me her identity through competent
evidence.

NOTARY PUBLIC

Doc. No. ____;


Page No. ____;
Book No. ____;
Series of 2018.

Copy furnished (by registered mail due to distance):

OFFICE OF THE PROVINCIAL PROSECUTOR


OF BULACAN
2nd Floor, Provincial Capitol Building,
Malolos City, 3000, Bulacan
REPUBLIC OF THE PHILIPPINES
METROPOLITAN TRIAL COURT
MANILA
BRANCH
Natividad Lopez St, Ermita,
Manila, 1000 Metro Manila

PEOPLE OF THE PHILIPPINES


Plaintiff
SPL No. 561-D- 2012
-versus- For: Violation of B.P. 22

HENRY CHAO
Accused
x----------------------------------------x

ACCUSED TRIAL MEMORANDUM

STATEMENT OF FACTS
In order that this honorable court may be enlightened and guided
in the judicious disposition of the above-entitled case, cited hereunder
the material, relevant and pertinent facts of the case to wit:

1. Accused is Henry Chao, manager of Atlas Parts, a corporation


established in accordance with law

2. On 01 June, 2011, the accused, in order to pay for the stocks of the
corporation, borrowed from Mr. Ben Que, the complainant, the
amount of P 50,000

3. The accused and the complainant agreed that the borrowed amount
shall be payable in five (5) equal monthly instalments of P 12,500
with 5% monthly interest.

4. In relation to the above transaction, the accused issued and delivered


five (5) Negotiable Order of Withdrawal slips (NOW slips) dated July
1, August 1, September 2, October 1 and November 1, all year 2011
respectively to the complainant at his house in Mandaluyong City.

5. All the NOW slips indicates Account No. 123456 which is owned by
Atlas Parts, as source of fund and was signed by Henry Chao being
the manager of Atlas Parts

6. That on June of 2011, the accused resigned as Manager of Atlas Parts.


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7. On their respective due dates, the complainant deposited each of
them to his savings account at BOD Bank, but all of them were
dishonoured by the drawee, Alloy Bank for the reason “Account
closed”.

8. That the accused did not receive any demand letter from the
complainant and was not aware of the dishonour

9. That the accused only knew of the fact that the NOW slips bounced
when the complaint of violation of B.P. 22 was served upon him.

STATEMENT OF ISSUE

Whether or not the accused committed violation of B.P. 22

ARGUMENTS

ELEMENTS FOR VIOLATION OF B.P. 22

Under Section 1, Batas Pambansa Blg. 22 on Checks without


sufficient funds provides:

“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 dishonoured by the drawee bank for insufficiency of
funds or credit or would have been dishonoured for the same reason
had not the drawer, without any valid reason, ordered the bank to stop
payment,

In other words, the elements to be proved by the prosecution in order


for one to be liable of violation of B.P. 22 are the following:

First, that a person makes or draws and issues any check; Second, the
check is drawn or issued to apply on account or for valuable
consideration; Third the person who makes or draws and issues the
check knows 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; Fourth, At the time the check was
presented for payment at due date, the same was dishonoured for
insufficiency of funds.

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It can be gleaned from the facts of the case that not all the elements for
violation of B.P.22 are present.

LACK OF ACTUAL KNOWLEDGE

In the case of Lina Lim Lao v. Court of Appeals, 274 SCRA 572,
June 20, 1997, where the accused is a signatory for a check where the
source of funds is the corporate account, the Supreme Court ruled that;

“the Court finds that Petitioner Lina Lim Lao did not have
actual knowledge of the insufficiency of funds in the corporate
accounts at the time she affixed her signature to the checks
involved in this case, at the time the same were issued, and
even at the time the checks were subsequently dishonored by
the drawee bank.
The scope of petitioner's duties and responsibilities did not
encompass the funding of the corporation's checks; her duties
were limited to the marketing department of the Binondo
branch. Under the organizational structure of Premiere
Financing Corporation, funding of checks was the sole
responsibility of the Treasury Department. Veronilyn Ocampo,
former Treasurer of Premier, testified thus:
xxx
Since Petitioner Lina Lim Lao signed the checks without
knowledge of the insufficiency of funds, knowledge she was not
expected or obliged to possess under the organizational
structure of the corporation, she may not be held liable under
B.P. 22. For in the final analysis, penal statutes such as B.P. 22
"must be construed with such strictness as to carefully
safeguard the rights of the defendant.”

Applying the above ruling in the present case, although the


accused affixed his signature on the issued NOW slips, it is clear that
the accused is without knowledge of the insufficiency of funds or the
fact that the “account is closed” as alleged by the complainant. For the
reason that the account indicated in all of the NOW slips is the account
belonging to Atlas Parts and as manager of Atlas Parts, his duties and
responsibilities only extends to the signing of commercial instruments
in behalf of Atlas Parts and to manage its daily operations and that the
accused do not have the responsibility to fund the account belonging to
Atlas Parts.

The absence of the abovementioned elements must result to the


accused acquittal as supported by the case People of the Philippines
and Jose C. Batausa, G.R. No. 116033 February 26, 1997.
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“ The element of knowledge of insufficiency of funds having
been proven to be absent, petitioner is therefore entitled to an
acquittal.”

PRAYER

WHEREFORE, it is respectfully prayed for of this Honorable Court


that judgment be rendered acquitting the accused from the crime
charged.

Defendants likewise prays for such other and further relief as this
honorable court may deem just and equitable in the premises.

Manila, Philippines, February 21, 2005

ATTY. NIKKO FRANCHELLO J. SANTOS

Copy furnished (by personal service):


CITY PROSECUTOR OF MANILA
Manila City Hall, A J Villegas Street, City of Manila, Metro Manila

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DEED OF ASSIGNMENT

KNOW ALL MEN BY THESE PRESENTS:


This Deed of Assignment, made and executed by and between:

CARMINA COROMINAS, of legal age, Filipino, married, and with


residence address at Blk 10, Lot 15 Sunflower St. ,Pulong Buhangin Sta.
Maria, Bulacan and
CELESTE COROMINAS, , of legal age, Filipino, married, and with
residence address at Blk 5, Lot 5 Kimchi St. ,Pulong Buhangin Sta. Maria,
Bulacan
(hereinafter referred to as the “ASSIGNORS”);

- and -

CARMEN CARUNUNGAN of legal age, Filipino, married, and with


residence address at 10th floor Livida vida loca tower, Amorsolo St.
Makati City (hereinafter referred to as the “ASSIGNEE”);

- WITNESSETH -
That the ASSIGNOR contracted a loan with the ASSIGNEE in the
sum of FIVE HUNDRED THOUSAND PESOS (P 500,000) payable on
March 1, 2018 at an interest rate of TEN PERCENT (10%) per annum.

That the ASSIGNOR failed to pay the ASSIGNEE the principal


amount together with interest in the total amount of FIVE HUNDRED
FIFTY THOUSAND PESOS (P550,000.00) and in full payment and
complete satisfaction thereof hereby assign, transfer and convey unto
the ASSIGNEE that certain jointly owned VEHICLE particularly
described as follows:

Maker Honda: Brand: CRV


Plate number: EWW 6146 Registration number: LTO-34567
Engine number: 100-45-0909 Color: Black

of which vehicle the ASSIGNORS is the registered owner, title thereto


being evidenced by Registration certificate issued by the Land
Transportation Office of Guiguinto Bulacan ; a copy of which is attached
herewith as Annex “A” and made an integral part hereof.
That the ASSIGNEE does hereby accept this assignment in full
payment of the above mentioned debt.

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IN WITNESS WHEREOF, the partied have signed this Deed on February
12, 2015 at Makati City, Philippines.

CARMEN CARUNUNGAN
Assignee

CARMINA COROMINAS
Assignor

CELESTE COROMINAS
Assignor

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ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES )


) S.S.

BEFORE ME, a Notary Public for and in the above jurisdiction, this
21th day of February 2019 personally appeared the following :

Name Tax Identification No.

CARMINA COROMINAS 104-124-510


CELESTE COROMINAS 115-321-676
CARMEN CARUNUNGAN 000-440-440

Who are personally known to me to be the same persons described in


the foregoing instrument, who acknowledge before me that their
respective signatures on the instruments were voluntarily affixed by
them for the purpose stated therein, and who declared to me that they
have executed the instrument as their free and voluntary act and deed
and that they have the authority to sign on behalf of their respective
principals.

This instrument refers to as a Deed of Assignment consisting of


three (3) pages, including this page wherein this Acknowledgment is
written, has been duly signed by the parties and their instrumental
witnesses on each and every page thereof.

WITNESS MY HAND AND SEAL at the place and on the date first
above written.

ATTY. DIANNEE B. ROMANO


Unit 1608, 88 Corporate Center
Sedeno corner Valero Street
Salcedo Village, Makati City 1227
Metro Manila, Philippines
SC Roll No. 5010, May 2008
IBP Lifetime No. 05249,
Metro Manila Chapter
PTR No. 1136795, January 3, 2014
MCLE Compliance No. III-0000999,
October 3, 2011
(0917) 8510891
NOTARY PUBLIC
Doc. No. _____;
Page No. _____;
Book No. _____;
Series of 2015.
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