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FRIDAY, 13 MARCH 2015 * 9:00AM to 5:00PM EDSA SHANGRI-LA HOTEL, MANDALUYONG CITY, PHILIPPINES
A substantial number of collection cases filed in the office of the prosecutor or court using BP 22 and/ or ESTAFA are dismissed due to legal technicalities. You should never be a VICTIM of bouncing checks again if you know the right way to prevent it, prosecute offenders, and collect debts effectively. In this one-day comprehensive seminar, our experts will teach you all the relevant regulations governing bouncing checks, how to file a court case properly against the offenders, surefire ways to secure criminal conviction, as well as how to enforce court decisions and recover your money with the right out-of-the-box collection strategies. Attend this special course and learn how to fight back against non-paying and abusive debtors!
REGISTER NOW Avail of Early Bird and Group DISCOUNTS Contact Person: Lara Magnait Manila lines (+632) 556-8968 or 69 Manila Telefax (+632) 842-7148 or 59 Cebu lines (+63 32) 512-3106 or 07 Baguio line (+63 74) 423-5148 Legazpi line (+63 52) 736-0148 Email:
[email protected] Check: http://www.cgbp.org Lecturer 1: Judge Marlo B. Campanilla He authored six criminal law books and is presently the presiding judge of Metropolitan Trial Court, Branch 83 in Caloocan City. He is a bar review lecturer in in six law centers including the University of the Philippines. He conducts Mandatory Continuing Legal Education for 4 MCLE providers and is also a law professor in 2 universities.
Lecturer 2: Atty. Pearlito B. Campanilla, DEM He is a practicing lawyer with a track record of successfully handling collection cases. He is presently the chairman of the legal department of the Polytechnic University of the Philippines. He also specializes in cases involving civil, criminal and labor law. He was formerly the chief of the legal department of the Board of Investments. His topic in this seminar will cover creative ways in effectively collecting from abusive debtors. Who Should Attend: • Business Owners • Entrepreneurs • Management • Treasurers/CFOs • Lawyers • Law Students • Business Consultants _______________________________ Seminar Investment is P8,980 inclusive of Meals, Resource Kit, & Certificate of Attendance
HOW TO PREVENT, PROSECUTE AND COLLECT BOUNCING CHECKS Best Practices Guide on the Use of BP 22, Estafa and Other Effective Collection Methods Edsa Shangri-La Hotel, Mandaluyong City, Philippines 9:00 am to 5:00 pm, Friday, March 13, 2015
Course Outline THINGS YOU NEED TO KNOW ABOUT A CHECK AS INSTRUMENT OF PAYMENT AND HOW IT IMPACTS ON YOUR COMMERCIAL TRANSACTIONS I. DIFFERENT KINDS OF CHECK 1. Restricted or cross check 2. NOW (Negotiable Order of Withdrawal) instrument 3. Foreign account check 4. Postdated check 5. Memorandum check 6. Check, not intended for deposit 7. Guarantee check 8. Manager's Check 9. Cashier's Check 10. Traveller's Check 11. Money Orders - Postal & Bank 12. Personal or Business 13. Fake Check II. HOW TO MAKE SURE THAT THE CHECK IS GOOD: RELIABLE OR UNRELIABLE III. MAKING, DRAWING AND ISSUANCE OF CHECK 1. Drawing and issuance 2. Making and issuance 3. Issuance a. First delivery (actual or constructive) b. Complete in form c. Holder - payee, indorsee, bearer (payable to cash or bearer) d. What payee must know about 1st, 2nd and succeeding endorsement of check/s e. Presumed issuance IV. TO APPLY ON ACCOUNT OR FOR VALUE 1. On account - check covers pre-existing obligation 2. For value - check involves obligation incurred simultaneously with the issuance of the check 3. Presumed consideration 4. Illegal consideration 5. Accessory contract 6. Magno case (Utilitarian theory) V. NATURE OF THE CRIME UNDER BP BLG. 22 1. Mala in se and mala prohibita 2. Differences between estafa and crime under BP Blg. 22 3. Purpose of the criminalization 4. Utilitarian or protective principle 5. Voluntariness and knowledge as elements of a crime
HOW TO SUCCESFULLY PROSECUTE OR DEFEND CASES INVOLVING BP 22 I. FIRST OFFENSE UNDER FIRST PARAGRAPH OF SECTION 1 FIRST ELEMENT 1. Making, drawing or issuing check 2. Apply on account or for value SECOND ELEMENT 1. Insufficiency of the funds or credit at the time of issuance 2. Knowledge of such insufficiency Disputable presumption Presentment within 90 days Expiration of grace period from notice of dishonor Complete defense and incomplete defense Actual knowledge Rebutting the presumption THIRD ELEMENT 1. Presentment for payment Presumed presentment 2 . Dishonor due to insufficiency of funds or credit a. Presumed dishonor b. Closed Account Exercise of right c. DAUD - drawn against uncollected deposit d. Non-presentation of bank representative e. Other reasons for dishonor II. SECOND OFFENSE UNDER FIRST PARAGRAPH OF SECTION 1 FIRST ELEMENT 1. Makes, draws or issues check 2. Apply on account or for value SECOND ELEMENT 1. Insufficiency of the funds or credit at the time of issuance 2. Knowledge of such insufficiency THIRD ELEMENT Dishonor due to stop payment order FOURTH ELEMENT Insufficiency of funds or credit FIFTH ELEMENT Without valid reason III. OFFENSE UNDER THE SECOND PARAGRAPH OF SECTION 1 FIRST ELEMENT 1. Makes, draws or issues check 2. Apply on account or for value SECOND ELEMENT 1. Sufficiency of the funds or credit at the time of issuance 2. Failure to maintain the sufficiency of funds for 90 days THIRD ELEMENT Dishonor due to failure to maintain such sufficiency of funds DAIF/Close account Difference between the crime under 1st and 2nd paragraph Improperly charging the accused under the 1st paragraph IV. COMPLAINANT AND ACCUSED 1. Director of the corporation 2. Liability of corporate officer 3. Conspiracy and endorser 4. Borrower V. OTHER MATTERS INVOLVING BP BLG. 22 1. Prescription of crime 2. Venue of criminal action 3. Intervention of offended party 4. Civil liability 5. Penalty
SUREFIRE WAYS TO SECURE CONVICTION FOR BOUNCING CHECKS VS. HOW TO AVERT CRIMINAL ACTION I. RULE ON NOTICE OF DISHONOR AS A SOURCE OF CONVICTION OR ACQUITTAL 1. Complete defense a. Prevention of application of presumption b. Deprivation of right to avert prosecution - violation of his right to due process Notice of dishonor, not an element of the crime II. HOW TO INSURE COMPLIANCE WITH THE RULE ON NOTICE OF DISHONOR 1. Sending notice after dishonor of the check 2. Convey information of dishonor of the check Notice of dishonor, not demand letter Failure to describe the check in the notice of dishonor Misdescription of check in the notice of dishonor Demand to pay within 3 days will not invalidate the notice of dishonor 3. Written notice of dishonor Estafa BP Blg. 22 Knowledge of fact of dishonor of check, not enough 4. Receipt of notice of dishonor a. Authentication of registry receipt and registry return receipt (return card) Signatures in the check and return card or Postman Proof of sending and receipt Delivery to the addressee or agent upon written order b. Refusal to receive notice c. Certification: Returned to sender d. Reply to demand letter - "tacit admission" e. Acknowledgment f. Judicial admission g. Telegraphic notice of dishonor h. Unknown address of the offender i. Notice to the corporation, not notice to employee j. Proof of date of receipt k. TIPS ON HOW TO SERVE NOTICE OF DISHONOR TO DRAWER III. MODES OF SETTLING OBLIGATION COVERED BY A DISHONORED CHECK 1. Payment a. Application of payment b. Tender of payment and consignation c. Petition for suspension of payment d. Face value vs. the amount due on the check e. Full payment within the grace period Effect if the check is in the possession of complainant or accused Payment beyond the grace period 2. Arrangement for payment a. Depositing money in the checking account b. Novation Compromise agreement Unfulfilled promise Subrogation Replacement check Good replacement check - Arrangement for payment Dishonored replacement check Desistance
THER WAYS TO EFFECTIVELY COLLECT DEBT INVOLVING BOUNCING CHECK I. HOW CAN A BUM CHECK BE A SOURCE OF CRIMINAL CASE OF ESTAFA IN ADDITION TO BP BLG. 22
1. Elements Damage Fraud Notice of dishonor Memorandum check Guarantee check Check in payment of pre-existing obligation Postdated check 2. Penalty II. EXECUTION OF DECISIONS 1. Attachment, Levy and Garnishment 2. How to deal with sheriffs III. TURNING PAPER INTO MONEY: Street-smart Collection Strategies and Other Out-Of-the-Box Solutions
VALUABLE TIPS IN CRAFTING CONTRACTS IN BUSINESS TRANSACTIONS INVOLVING CHECK 1. Trusted employee, who will transact business with the drawer 2. Name of the signatories to the check 3. Ensure that the signature of the drawer is authentic 4. Completion of the details of the check 5. Representation that that the check is funded at the time of delivery (or will be funded at the time of maturity) and the checking account involving the check is not yet closed 6. Representation that the signatories are aware of the transaction involving the check 7. Commitment that drawer will not order stop payment and representation that there no valid reason to make such order of stop payment 8. In case of guarantee check, require the borrower to endorse the check and to make a commitment that he will fund the check 9. Address of the drawer at which the notice shall be served 10. Persons, who are authorized to receive notice of dishonour of check 11. Statement that the goods were delivered or money was handed to the drawer after or simultaneous with the issuance of the check 12. Date of receipt of goods and money and issuance of checks 13. Place of issuance or delivery of the check
VALUABLE INSIGHTS AND LESSONS IN ACCEPTING PROMISSORY NOTES
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- SEMINAR FEE PER PERSON: P 8,980 (Fee covers Meals, Resource Kit, Certificate of Attendance) GET AS MUCH AS 15% DISCOUNT! AVAIL OF ANY OR ALL OF THE FOLLOWING: • Less 5% for early registrants (on registrations made on or before February 13, 2015) • Less 5% for early payment (if made on or before March 3, 2015) • Less 5% for group registration (minimum of 3 participants)
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