Republic of the Philippines

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
Manila

88 ASIA FINANCE CORPORATION

rep. by: RONALD TAGUFA
Complainant NPS Docket No.: XV-07-INV-23K-04802

-versus- FOR: VIOLATION OF BP 22

RICKY BOY CLEOFE MENDOZA

Respondent
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D/F: 11/23/23D/A: 11/24/23 D/S11/28/23

RESOLUTION

Complainant alleges that it extended a loan to respondent. As partial payment

for theloan, respondent issued postdated EastwestCheck No. 111085 dated August 19,
2023 in the amount of Php25,200.00 and Eastwest Check No. 111086 dated September
19, 2023 in the amount of Php25,200.00.Upon maturity of thesechecks, complainant
presented themfor payment, but weredishonored by the drawee bank for reason of
Account Closed.

Complainant then wrote respondent a demand letter requiring himto pay the
amount of the dishonored checks. But despite expiration of the period given within
which to pay, respondent failed and refused to pay complainant to its damage and
prejudice. And in order to protect its rights and interest, complainant filed theinstant
criminal complaint. Complainant supported its complaint with copies of the
dishonored checks, demand letter and affidavit of service.

Based on the evidence presented, the undersigned is of the view that there is no
probable cause to indict respondent for violation of Batas PambansaBlg. 22. There is no
proof adduced by complainant that the demand letter was actually received by
respondent. The alleged registry receipt number mentioned by complainant in the
affidavit of service is not sufficient evidence that the demand letter has been received by
complainant. To warrant the indictment of respondent, it is necessary for complainant
to prove that the demand letter was received by respondent herself.

IN VIEW OF THE FOREGOING, it is hereby recommended that the complaint

be dismissed for insufficiency of evidence.

Manila, November 28, 2023.

FELIPE M. MAGAT, JR.
Assistant City Prosecutor
Member, Fifth Division
MCLE N0. VII-00067418/16/21
APPROVED FOR THE CITY PROSECUTOR

JESSICA C. JUNSAY-ONG
Deputy City Prosecutor
MCLE Compliance No. VII-0004027
Valid until April 14, 2025
Copy Furnished:

RONALD TAGUFA
208 Unionbank Center
Dasmarinas St., corner Quintin Paredes
Binondo Manila 1006

RICKY BOY CLEOFE MENDOZA

123 Santol
Balagtas, Bulacan 3016