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Rejoinder Affidavit
Rejoinder Affidavit
DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
CITY OF MANILA
MA.FE PEREZ,
Respondent.
x-----------------------------------------x
REJOINDER AFFIDAVIT
address at No. 1-A Vic Valley Compound, Tandang Sora, Quezon City,
after having been duly sworn to in accordance with law, hereby deposes
1. In its attempt to show that the checks in question were issued for
which the complainant entirely drew up, because the terms thereof
the same were never stipulated. Even when they lowered the
cover the obligation for the reason that they lost the said
account at the time and I feared that I would not be able to fund
which secured the subject loans since the Creditor neither received
the same from the Countryside Rural Bank (Real, Quezon), Inc. nor
The complainant very well knows that its claim that it “neither
declared:
to the lender bank), but at the same time would like me to forego
and forget all about the collaterals I offered to secure the said
cake and eat it, too. The complainant intended to unjustly enrich
itself.
it may, Article 2099 of the Civil Code holds the creditor liable for
not return the collaterals to me, then the value of said collateral
invalid, then the checks themselves are not valid for not having
been issued for value. Despite this, the complainant would still
issued must have been presented for payment or deposit with the
presented to, and were not dishonored by, the drawee bank. It was,
send a notice of dishonor to, or even to call the attention of, the
above, is fatally flawed in that it only gave me only five (5) days,
instead of the required five (5) banking days, within which to pay
like all penal statutes, is construed strictly against the State and
the check upon receipt of the notice of dishonor. Thus, on the very
same law firm. Having made the required arrangement to settle the
amount of the checks after the notice of dishonor, the prima facie
reluctance, upon the assurance that the checks will merely stand
as evidence of my indebtedness.
cannot issue any post-dated checks since I did not have any
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not be able to fund the checks when they fall due. However, the
and they will readily withhold the presentment of the checks. Upon
realizing that I could not fund the second check, Check No.
payment thereof.
5. While it is true that the instant proceeding is only for the purpose
protect him from an open and public accusation of crime, from the
dereliction of duty.5
We are aware from experience that the letter of the law is one thing
4
People vs. Poculan, 167 SCRA 176; Tandoc vs. Resultan, 175 SCRA 37
5
Bernardo vs. Mendoza, 90 SCRA 214
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MA. FE PEREZ
Affiant
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