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29 April 2017

MS. MARIA CLARA


22 Fatima St, Barangay Plainview,
Mandaluyong City

Re: Notice of Dishonor of Checks

Dear Ms. Clara,

We write on behalf of our client, Mr. Juan De la Cruz, in connection with the Banco
de Oro (BDO) check nos. 2345677 to 2345688 (BDO Checks).

On April 5, 2014, Mr. De la Cruz entered into a Contract of Lease with herein
addressee over a commercial property located in Mandaluyong City. Under the
contract, herein addressee (lessee) is obligated to issue in favor of the Mr. De la
Cruz (lessor) 12 post-dated checks for the 10 th day of each month.

On January 12, 2015, Mr. De la Cruz went to deposit the BDO Checks dated January
10, 2015 and February 10, 2015 for the sum of PHP 200,000 each issued by you
drawn from your BDO account. However, upon presentment at the bank, BDO
dishonored the BDO Checks and were stamped with DAIF or Drawn Against
Insufficient Funds.

Pursuant to Batasang Pambansa Blg. 22 (BP 22)1 or An Act Penalizing the Making
or Drawing and Issuance of a Check Without Sufficient Funds or Credit and For
Other Purposes, The requisites that should be met to penalize an act under BP 22
are the following:

(1) the making, drawing, and issuance of any check to apply for account
or for value;

(2) the knowledge of the maker, drawer, or issuer that at the time of issue
he does not have sufficient funds in or credit with the drawee bank for the
payment of the check in full upon its presentment; and

(3) the subsequent dishonor of the check by the drawee bank for
insufficient funds or credit or dishonor for the same reason had not the
drawer without any valid cause, ordered the bank to stop payment.

From the foregoing facts stated, herein addressee met the all the requisites
mentioned when she issued the check to apply for account for value over the
payment of lease. There was a subsequent dishonor of the check by the drawee for

1 An Act Penalizing the Making or Drawing and Issuance of a Check Without Sufficient Funds or Credit
and For Other Purposes. [Bouncing Checks Law], B.P. 22 (1979).
insufficient funds which caused the bank to stop the payment resulting in the
prejudice of Mr. De la Cruz and failure to receive the credit due to him.

I would ask that herein addressee make the necessary arrangement to pay IN
FULL within FIVE (5) BANKING DAYS after receipt of this notice. The failure of
such to comply with this demand is proof or evidence that there is deceit evidencing
false pretense and fraud punishable under our laws.

Respectfully, yours

ATTY. MICHELLE B. FELLONE

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