Republic of the Philippines

OFFICE OF THE CITY PROSECUTOR

Manila

88 ASIA FINANCE CORP. REP. BY RYAN SAN ANTONIO,

Complainant,
-versus- NPS Docket No. XV-07-INV-19E-03457
For: Violation of B.P. Blg. 22 (2 Counts)
MICHELLE VIRATA,
Respondent.
X-------------------------------------X
D/F : May 16, 2019; D/A: May 29, 2019
D/R: May 29, 2019 D/S: June 18, 2019

RESOLUTION

RYAN SAN ANTONIO, the duly authorized representative of 88 Asia Finance Corporation, for and in
behalf of the latter (Secretary’s Certificate, Annex “A”), alleges that he seeks prosecution of MICHELLE
VIRATA (respondent) for 2 counts of Violation of BP 22. Sometime in October of 2018, respondent obtained a
loan from complainant in their office in Binondo, Manila, in the amount of Seven Hundred Fifteen Thousand
Pesos (Php715,000.00) and promised to pay in twelve equal installment payments at Php59,584.00. In payment
of the said loan, respondent drew, issued and delivered to complainant’s office in Manila, several post-dated
checks, among which are as follows:

BANK CHECK NO. DATE AMOUNT

Metropolitan Bank & Trust Company 0665209735 March 29, 2019 Php59,584.00
Metropolitan Bank & Trust Company 0665209736 April 29, 2019 Php59,584.00

Nevertheless, upon presentment for payment, the aforementioned checks (Check, Annexes “B” and
“C”) were dishonored for the reason “DAIF”/ Drawn Against Insufficient Funds. Respondent was duly advised
of the dishonor of the subject checks, via a Demand letter (Demand letter, Annex “D” and series), for the
payment of the amount stated in the checks. But despite demand for payment or settlement of the check, no
payment has been made.

The elements of the offense penalized by Batas Pambansa Bilang 22 (BP 22) are: the making, drawing,
and issuance of any check to apply for account or for value; the knowledge of the maker, drawer, or issuer that
at the time of issue there are no sufficient funds in or credit with the drawee bank for the payment of such check
in full upon its presentment; and the subsequent dishonor of the check by the drawee bank for insufficiency of
funds or credit or dishonor for the same reason had not the drawer, without any valid cause, ordered the bank to
stop payment.

In view of the uncontroverted evidence submitted by complainant, the undersigned finds that probable
cause exists in the filing of a case for violation of BP 22 against respondent for issuing the subject checks for
value, which were dishonored by the drawee bank for the reason “DAIF” and that despite receipt of the
complainant’s notice of dishonor, the same remained unpaid.

WHEREFORE, finding probable cause, it is hereby recommended that respondent MICHELLE

VIRATA be charged with Two (2) counts of Violation of BP 22. Accordingly, let an Information for violation
of Batas Pambansa Blg. 22 be filed in the Metropolitan Trial Court of Manila against her.

Manila, June 18, 2019.

APPROVED FOR THE CITY PROSECUTOR:

IRENE D. COLOSO-ZABALA
RAYMUNDA A. CRUZ APOLO Assistant City Prosecutor
Senior Assistant City Prosecutor MCLE Compliance No. VI-0005588 until 4/14/22
Chief, Seventh Division
MCLE Compliance No. VI-0001829-03/27/17
Copy Furnished:
88 ASIA FINANCE CORP. REP. BY RYAN SAN ANTONIO 10th Flr Union Bank Center Manila, 208
Dasmarinas St., Binondo, Manila
MICHELLE VIRATA 184 Canero Heights Novaliches, Quezon City