Professional Documents
Culture Documents
City of Manila
) s.s.
COMPLAINT
EASYCASH LENDING COMPANY INC. is a corporation duly organized and
existing under and by virtue of the laws of the Philippines wit h office
address at 9th Floor Times Plaza, Building, United Nations Avenue, Ermita,
Mani la, herein represented by JOHN ALBERT S. DACASIN, account
1
Specialist-Legal. A copy of the secretary s certificate authorizing Mr.
Dacasin to prosecute the case is herewith attached as Annex "A".
1.
On August 31, 2012, GIOVANNI R. VI LLADOS AND GIRLIE P.
VILLADOS, maker and co-maker, respectively, secured a loan from ELCI in
the amount of One Hundred Fourteen Thousand Nine Hundred Seventy
Seven (Php114,977.08) Pesos at an agreed interest rate of four and eighty
four percent (4.84%) per month with maturity date on February 18, 2013. A
copy of the promissory note evidencing the transaction is herewith
attached as Annex "B".
3.
Aside from the said promissory note GIOVANNI R. VILLADOS
AND GIRLIE P. VILLADOS, were made to sign a disclosure statement
pursuant to the provisions of the Truth and lending Act. They were also
made to sign a computation sheet and payment schedule as well as
disbursement voucher evidencing receipt of the check representing the
borrowed amount. Copies of the said documents are herewith attached as
Annexes "C", "D" and "E".
4.
In addition to the promissory note and prior to the approval
thereof, the Respondents were required to submit several requirements
which include submission of two (2) government issued identification cards.
11
11
A copy of two (2) identification cards are hereby attached as Annex F
5.
To guarantee the payment of the agreed monthly amortization
of the loan, GIOVANNI R. VILLADOS AND GIRLIE P. VILLADOS, was required
to issue six (5) post dated checks covering the months of October 18, 2012
to February 18, 2013. Accordingly, GIOVANNI R. VILLADOS AND GIRLIE P.
VILLADOS issued the said checks.
6.
The checks were deposited as they fell due. However, when
the checks covering the months of December, January, February and March
2013 became due and were deposited for clearing all were dishonored with
annotations on the checks " DAIF "( Drawn Against Insufficient Funds).The
dishonored checks were as follows;
BANK CHECK
Security Bank 0803112
Security Bank 0803113
Security Bank 0803114
Security Bank 0803115
DATE
Dec. 18,2012
Jan. 18,2012
Feb. 18,2012
Mar. 18, 2012
AMOUNT
22, 995.42
22, 995.42
22, 995.42
22, 995.42
REMARKS
DAIF(Annex G)
DAIF(Annex H)
DAIF(Annex I}
DAIF(Annex J)
7.
Immediately on March 29, 2013 ,notice of dishonor were sent
through our counsel to the defendants which they personally received as
evidenced by a photocopy thereof attached as Annex "K".
8.
That in view hereof, we are charging GIOVANNI R. VILLADOS
AND GIRLIE P. VILLADOS fo r 4 counts of violation of Bat as Pambansa Bi lang
22 otherwise known as the An t i Bouncing Checks Law, for issuing worthless
checks and despite repeated demands she fai led to make good t he amount
thereof.
9.
That we attest to the truth of the foregoing allegations. Based
on my personal knowledge and/or authentic records.
~~EasyCash
February 18, 2013
Maturity Date: -- - - - - - -
114,977.08
PN No. -
Amou n t : - - - - - - - - - - INC. TH
J)~
For value reccived_l/Wea joinllv and severally. promise. to oay t<1!J:!.~o.rder oftyEASYCASH LENDING COMPANY,
u
une Hun red Fourteen Tho'US8nd N1ne11unun:u ~ven seven Pesos and Eight Centavos
lf.fiJ,M.f.n8
(P
from
PN-SML-0046-Z
- --------
Four ~NT (
October 18,2012
November 18,2012
December 18,2012
January 18,2013
February 18,2013
4.84%))per month
22,995.42
22,995.42
22,995.42
22,995.42
22,995.42
Note:
1.
2.
3.
4.
5.
6.
7.
BY AFFIXING OUR SIGNATURES below, we hereby acknowledge having carefully read and understood the entire
promissory note and agree to all the terms and conditions stipulated herein. We likewise acknowledge to have rece ived a copy of
this Promissory Note.
~NDate:
August31 , 2012
~~
G.!W& f VtW"oo5
Gmi&Villados
Co-Maker
es Plaza, UN Avenue
. EasyCash
1000
Fox.3SWS08
emoll: loane!I~P!!
Giovanni F. Villados or
TYPE 01-
ADDRESS
1645 Unit<.: Eusebio St.,
Pandacan. Manila
TER"\1S
LO,~'i
In months
SML
from
to
8!31/2012
211812013
# of payments 5
100,000.00
2
Monthl>
Check No.
500.00
12.300.00
P!'l no.
Others:
Advance Payment
Opening of Bank Account
Outstanding Balance from previous loan
NO
New
RenC\\al Nth loan
Installment f~pe
1.800.00
8.000.00
2.000.00
Branch:
P'-l-. S\1L
I lead Office
2.500.00
14.800.00
MODE OF PAYMENT:
...:C:.:.:h~cc:.:.:k_ __
85,200.00
Net Proceeds
12.300o
4.84o
3.00%
246.13%
10.90% Release Date:
8/3 1/12
Agent:
WALK NIH. GARCIA
SCHEDULE Of PAYMENT
Due Date
Period
Gross Loan
Amortization
laterest
Principal
Other Cbars!es
14,800.00
0
I
2
3
4
October
November
December
Januat)
February
18. 20 12
18. 2012
18.2012
18,2013
18. 20 13
Balance
100,000.00
100,000.00
22,995.42
22.995.42
22,995.42
22.995.42
22.995.42
4,840.00
3.96 1.28
3.040.03
2.074.18
1.061.60
18.155.42
19,034.14
19.955.39
20.921.23
2 1.933.82
114.977.08
14.977.08
100.000.00
100.000.00
81,844.58
62,810.44
42.855.05
21.933.82
0.00
Interest Rate of 4.84o/o is equivalent t the Add On Rate of 3/o per Month
Prepared I Verified b):
Released by:
I. Pa)' ouly 10 the uuthori/ed Cushier or Col t:ctor of EasyCash Lending Co.. Inc.
2. Always demand for an Official Receipt bearing the name of EasyCash Lending Company. Inc. everytime payment ismade to the authori7ed
Cashier or Collector. The company will not honor any future claim of payment if such amount is acknowledged or issued with an ordinary paper
(Provisional Receipt) or any receipt not o~\ned by Ea-;yCash Lending Co.. Inc.
3. Please pay your amortization dues on-time. Past dues will be charged with a penalty of 10% per month plus a holding fcc of5% of the check
amount in case of formal request for delayed deposits of check paymcnts.Payments made after due date shall be applied first to pcnnllics,
interest and principal.
0 II~'- A
-..._J
..,.
Manila
Disbursement Voucher
LAUOS
PAY TO
August 31,2012
Date
EXPLANATION
AMOUNT
85,200.00
T.M.2M~9~:
~~~1~
ed bv:
PreJ'a5EFF "SV
AMOUNT
Dr
Cr
ors.
Manager
Rec'bi"'-C:
85,200.00
-<~~ --------~
.soototfhe sum of
PFP
Q_
~1--L_
Opening ofBankAcct
NFP
;;
~~ ~2-
Doc. Fee
loan
Ull
CIB
Ar.count Name
~No
3013-4613-16
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0930~3- 461}7-1~
5~/821
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EASYCASH LENOI'
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AS~
1111111111111111111111111
886
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COMPANY INC.
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Date
'6:20
Ct-. No
RITNo
0000557821
t1et4
GIOVANNI F. VILlADcts
- - + -- - - - - - - - 1- - - - - - -- - - - -P
Order of.
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ACCOUNT NO.
CHE(X NO.
ACCOUNT NAME
111-006576-6
ACCOUNT110.
111-006576-6
,0803112
ACCOUNT NAME
o\\\-~~'-\l4:\ -o~
... /'
0803113
' JIT'NO
JQl014
0073
Date _.J
--'~
-\-=-~-t-2-C>
_ _::,~:........----=-
ACCOUNT 110.
111-0065 76-6
CHECK NO.
ACCOUNT NAME
......;lt\. - \)\_\;~
J_
Y.\ -
~~
0803114
ACCOUNT NO.
111-006576-6
Mr. Villados,
Our client EASYCASH LENDING COMPANY INCORPORATED has referred to us
the matter of instituting the appropriate legal action against you in connection with
the following returned checks:
Bank
Check
SECURITY BANK
SECURITY BANK
SECURITY BANK
SECURITY BANK
803112
803113
803114
803115
Date
December 18, 2012
January 18, 2013
February 18, 2013
March 18, 2013
Amount
Php :p,995.00
22,995.00
22,995.00
22,995.00
It appears that the aforesaid checks were issued in exchange for the granting
of our client a loan in your favor.
Needless to state such act of drawing checks without sufficient funds
constitutes a criminal offense violating B.P. BLG. 22 and Article 315 of the Revised
Penal Code.
In view of the foregoing, DEMAND is hereby made upon you to pay the
aforesaid amount within five {5) days from receipt hereof. Failure or refusal to do so
shall constrain us to file the appropriate legal action against you with immediate
dispatch in order to protect the interest of our client and pursuant to her instruction.
Best regards.