TeeUp Posted June 3, 2004 Share Posted June 3, 2004 With respect to the demand letter, if for any reason the same can not be served by personal service, Anne can mail the same by registered mail to Danita's last known address. The demand letter is of no moment when filing a criminal case. The same is needed only in civil cases for collection of sum of money. very well explained, companerong lakay! wyldswans, clarify ko lang ng konti, dalawang kasong criminal at isang kasong sibil ang pwede isampa laban kay danita base dun sa sitwasyon na iyong ikinwento. as mentioned by lakay, she can be sued for Estafa (on the basis of the fraud that she committed by making misrepresentations leading anne to believe that danita will in fact pay her obligation thereby prompting anne to extend the loan) and/or Violation of the Anti-Bouncing Checks Law (for issuing a worthless check). One or both cases may be filed. The civil case is for the collection of the sum owing to anne by danita. As for the issue of the demand, it is a prerequisite for the civil case to prosper. I would say however that also in the BP 22 case, there is a need for the prosecution to prove notice of dishonor. In one case, the Supreme Court ruled that since a criminal case should be proven beyond reasonable doubt, every element of the offense should be proven with the same degree of certainty. In BP 22 notice of dishonor is an essential element, hence, should be proven accordingly. In said case, the SC rejected the proof offered by the prosecution that notice was made through registered mail by showing a copy of the registry receipt. the SC said it is merely proof of sending and not proof of receipt and notice to the accused. This ruling made prosecution in BP 22 cases even more difficult. When I was still practicing dyan sa atin, what i used to to was present the registry receipt, as well as a certification from the postal office having jurisdiction of the place of the addressee stating that the demand/notice of dishonor was received by the accused or by another person of reasonable age and discretion, residing the the same house of the accused or by an employee/officer responsible to receive mails intended for the accused in the case of a business place or office (di pwede ang security guard). Quote Link to comment
TeeUp Posted June 3, 2004 Share Posted June 3, 2004 companerong lakay,,, welcome nga pala to the thread and the legal profession. we appreciate your help here... Quote Link to comment
LAKAY210 Posted June 4, 2004 Share Posted June 4, 2004 Thanks companero! Im glad to be a member of this noble profession. San ka nga pala based panero? you said you are no longer practicing here? Quote Link to comment
apipax Posted June 4, 2004 Share Posted June 4, 2004 Whew!!! I'm back. Sobra busy sa election just like most of u companeros. :mtc: Quote Link to comment
TeeUp Posted June 4, 2004 Share Posted June 4, 2004 Thanks companero! Im glad to be a member of this noble profession. San ka nga pala based panero? you said you are no longer practicing here? you're most welcome. nasa las vegas ako ngayon. Quote Link to comment
jomart19 Posted June 4, 2004 Share Posted June 4, 2004 mabuti at may thread na ganito, so people, what are you waiting for?any legal inquiries? we're here to help...!!! Quote Link to comment
TeeUp Posted June 4, 2004 Share Posted June 4, 2004 Thank you, TeeUp. anytime wyldswans. Quote Link to comment
LAKAY210 Posted June 4, 2004 Share Posted June 4, 2004 Thank you, LAKAY210 Oks lang pare. Anytime! Basta kayang sagutin. Quote Link to comment
LAKAY210 Posted June 4, 2004 Share Posted June 4, 2004 you're most welcome. nasa las vegas ako ngayon. panero may kilala ka ba na lawyer based in California? One who is allowed to practice there is preferable. Quote Link to comment
Dekampanilla Posted June 4, 2004 Share Posted June 4, 2004 Companero, I know some Pinoy lawyers who practice in LA. However, they are into either Tax or Immigration Law practice. What kind of lawyer are you looking for? Let me know. Cheers! Quote Link to comment
apollo11 Posted June 5, 2004 Share Posted June 5, 2004 mga kuya at ate... dami po akong tanong. I'm into video editing at kagabi ko lang to na encounter. I decided to use 120GB (seagate barracuda 7200RPM) instead of using the usual 80GB (Seagate Barracuda 7200RPM) on a project kasi dalawa ang gagawin ko. (ATA133 po) In the middle of my editing (Adobe Premiere 6.5) di na madetect ng program ang aking miniDV. ginawa ko po. Tinangal ko ang capture card (pinnacle studio deluxe gold) mula sa PCI 3 papunta sa PCI 2. Hindi ko kasi mailagay sa PCI 1 (ganun sa matrox rtx100 di po ba?)ang capture card kasi halos mababanga na ng card ang heat sink ng video card (inno3D GeForce FX 5200-8X,128MB/128bit na dual monitor DVI and CRT) luckily, tumakbo naman ng maayos. kinakabahan nga lang ako na baka mag crash na naman. The only modification I did was the 120GB instead of the usual 80GB.Saan po ako nagkamali? Pag gagamit ako ng PCI controller for Serial ATA mas maganda ba? Here's my system OS: windows XP service pack140GB system drive80GB file drive120GB Audio/Video and project files(adobe premiere 6.5)512MB PC2700 DDR memoryliteon DVD+-R/RWGeForce FX 5200 8X 120MB/128bit dual monitor graphic card (dvi/crt)motherboard: Asus P4S533-MX SiS chipsetprocessor: P4 2.40Ghz 533FSB Salamat po. Quote Link to comment
JuanTamod Posted June 5, 2004 Share Posted June 5, 2004 mga sir is there any way i could use my scsi scanner? nag upgrade kse ako ng pc at wala ng scsi slot sa mb. Quote Link to comment
smalltime Posted June 5, 2004 Share Posted June 5, 2004 Sirs,Bakit pag yung jumper na naka set yung jp1 1-2 pin normal at jp2 2-3pin (133Mhz) sa motherboard naghahang, yung processor naman AMD Athlon XP 1800 or XP 1700. Please advise.there can be various reasons y it dont work, depending on ur mb, cpu or bios version. better check ur manual, or the manufacturer's home page.btw, there r 2 kinds of AXP: palomino n thorobred. Quote Link to comment
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.