3. In promissory notice, new monthly payments of P1, to possess one-year without a doubt incorporated already appeal and you may fees into the principal or even there is no reason at all or logic behind why an excellent financing of P10, manage be much more than P15, through to the fresh new delivery of the promissory mention;

cuatro. Through to the acceptance in the financing, the accused try requisite because the an ailment precedent to open a good bank account and material each time in favor of the financing providers all the twelve postdated checks from the a face property value P1, for each to correspond to new twelve months payments in promissory note;

5. The fresh implicated unsealed the brand new membership towards the BPI Family unit members Lender but while the membership is made without the deposit, an identical is signed of the lender and in identical times it actually was opened and you may until the deadline of your own basic postdated consider;

6. If very first postdated take a look at bounced into need “Membership Closed,” the fresh accused verbally told the credit business that the girl membership try currently signed and consequently, most of the several postdated monitors she had awarded would certainly bounced [sic] up on presentment;

One to just the first postdated glance at are gone back to the new implicated from the personal complainant and therefore retained additional postdated monitors regardless of the fresh costs inside replacement for thereof currently made by the brand new implicated

7. The first four (4) postdated monitors having been dishonored having need away from “Membership Finalized,” she replaced them with cash (Displays “1”, “2”, “3” and you will “4”);

8. 55155 old July 29, 1991, View No. 55156 dated August 31, 1991, Examine No. 55157 old Sep 30, 1991 and look Zero. 55158 old Oct 30, 1991 (Displays “A”, “A-1”, “B”, “B-1”, “C”, “C-1”, “D”, and you will “D-1”) that have been dishonored for similar reasoning from ‘Account Closed’, the moment violent costs for violation out of BP twenty-two was basically instituted;

The fresh new implicated removed a loan off P10, payable in one single year (Showcase “B”) and she had to perform an effective promissory mention having a few (2) co-manufacturers for P15, payable within payday loans in Georgia one season from the P1, thirty day period performing April 4, 1991;

nine. For the pendency of these times this new implicated paid P5, inside the replacement of your four postdated checks subject matter of your own present costs against this lady; although personal complainant Caram Information Company contends that this fee try paid in order to interests and you will insufficient to settle their membership less than this lady promissory note;

ten. The fresh new checklist is actually bereft of every appearing that accused are informed orally or even in composing by Caram Tips Enterprise you to the girl commission off P5, (Showcase “5”) was only to repay brand new interests and you can not enough to cover the par value of your four (4) monitors under consideration;

It was stored the gravamen of one’s crime under BP twenty two ‘s the operate of developing and giving an useless examine otherwise a that’s dishonored up on the speech to have commission. However the question is, imagine if the newest issuance of your own worthless monitors was in fact versus attention and made towards consent, encouragement and you will instigation of the payee who kept brand new meaningless postdated inspections because of its personal need? The latest judge finds that the 12 postdated monitors had been issued because of the brand new accused without any consideration. These types of inspections was in fact awarded at one time and you can was indeed just put as the promises to help you guarantee this new monthly distinctive line of the loan supplied with the implicated according to the promissory note, Exhibit “B”. Less than these situations, comes with the accused the full time an offense malum prohibitum? Therefore, what about the fresh new payee who advised, inspired and you may advertised the latest act constituting the fresh gravamen of the offenses? In the case of Magno vs. Courtroom away from Appeals, mais aussi al., Grams.Roentgen. 96132, ong other people: