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CHECKS Drawers and Drawers and endorsers

endorsers are may still be liable


- A check is a bill of exchange drawn on a discharged from
bank payable on demand. liability
- Must be presented for payment within a The death of the Death of drawer does not
reasonable time after its issuance. drawer revokes the revoke the authority of
authority of the bank bank to pay
Effects of certification of checks to pay
- Certification of check = acceptance of
check. Different Kinds of Check
- Operate as an assignment of the funds
of the drawer in the hands of the drawee 1. Personal Check
bank. - comes from a personal checking
account.
Bill of exchange - Most common kind of check
- Does not operate as an assignment of 2. Memorandum Check
funds in the hands of the drawee and - Borrower to a lender for a short
the latter is not liable unless he accepts loan
the same. - “memo” “mem” and
- May be addressed to two or more “memorandum” across its face
drawees (JOINTLY – not alternative or 3. Cashier’s Check
in succession) “and” not “or” - Drawn by the cashier of a bank
- Inland bill of exchange – both drawn and in the name of the bank against
payable in the Philippines. the bank itself.
- May be treated as a promissory note - Drawer = cashier
when: - Drawee = bank
4. Managers Check
 Drawer and drawee are the same
- Drawn by the manager of a
person.
bank in the name of the bank
 Drawee is a fictitious person.
against the bank itself.
 Drawee is incapacitated to contract.
5. Traveler’s Check
Checks vs Bill of Exchange - Used by a traveler to supply him
with funds instead of cash.
Checks Bill of Exchange - The signature of the holder must
Always drawn on a May be drawn on a bank appear twice (1) the time of
bank or an individual issuance (2) the present time.
Always payable on Either on demand or at a - Obsolete already due to credit
demand determinable/ fixed future card
time 6. Certified Check
Does not really have There are instances - Bears the word “certified” on its
to be presented for where presentment is
face to certify that it is
acceptance required for acceptance
recognized and certified by the
Intended for Only intended for
immediate payment circulation as an bank.
instrument of credit - Effect if certified = there is
Accepted for A reasonable time is the already an assignment of funds.
payment within a date of the last 7. Crossed Check
reasonable time negotiation - Bears 2 parallel lines on the
Once accepted: the Once accepted: drawer upper left portion of its face.
drawer is discharged will be totally discharged - Only for DEPOSIT.
to the extent of the - Can only be deposited to the
loss caused by the payee’s account (to avoid
delay forgery)
- Not for immediate encashment. -Payee = Who’s favor the check was issued/
8. Stale Check Who has the right to encash the check
- Also known as long outstanding.
- Non-encashment for 6 months -Pay to cash = payable to bearer/ who has the
physical check
Kinds of Bill of Exchange
-Pay to specific person = only who’s name to
1. Slight draft receive is on the check
- Written order on the drawee to
pay. R.A 4885. ESTAFA
2. Time draft - Mala in Se, an act is inherently wrong.
- Payable on a certain date after
its acceptance. - Mens Rea “criminal mind” or “criminal
3. Trade acceptance intent”.
- Drawn by the seller on the buyer
- Is a criminal offense that involve deceit,
and the latter accepted it.
4. Inland bill fraud, or misinterpretation resulting in
- Both drawn and payable in the financial harm or damage to another
same country.
5. Foreign bill person or entity.
- Drawn in one country and - It can be by abuse of confidence or
payable in another.
deceit
6. Bill in set
- Bill is drawn in a set, each part - It refers to the act of defrauding another
of the set being numbered and person or entity by intentionally
containing a reference to the
deceiving them through false pretenses,
other parts. The whole parts
constitute one bill. fraudulent acts, or other similar

Kinds of Instrument schemes.


- Fraudulent act was performed prior to or
1. Order instrument
- Indorsement + Delivery simultaneously with the fraud.
- “Paid to the order of Mr. X” - Time of transaction (issuance after 10
2. Bearer instrument
- Delivery days of the pre-existing obligation is not
- “Paid to the order of counted as ESTAFA)
Cash/Bearer”
Elements for violation in ESTAFA
NOTES:

-Bank has a right to select those with whom it - Issuing a Postdated check at the time of
will do business and its refusal to accept an the transaction
account is not open to question.
- Insufficient Funds
-One cannot compel the bank to pay the check - Damage to the payee thereof
and no one can file a case against the bank if
the -Dishonorment of check is because of IF. Notice of Dishonor
-The Endorser must always warrant that the
check is genuine. - 3 days upon arrival of notice, the latter
shall provide funds to it. Not doing so
-Drawer = Depositor
shall give effect to the “presumption of
-Drawee = Bank
deceit.”
- Non settlement (after 3 days) of the - Per issuance of bouncing checks
check after it was dishonor, the law - Imprisonment for more than 1 year but
presumes that it is a “prima facie less than 30 years
evidence of deceit constituting - Fine for double the amount but
fraudulent act.” maximum of 200,000

BP22. BOUNCING CHECK LAW R.A 3765. TRUTH IN LENDING ACT

- To protect the public from lack of awareness of


- Mala Prohibita, wrong because the law
the true cost of credit by requiring from the
prohibits doing it. creditor the disclosure of full information incident
- An act penalizing the making or drawing to a credit transaction

and issuance of a check without Disclosure Requirement


sufficient funds or credit or for any other 1. The cash prize or delivered price of the
purpose. property or service to be acquired
2. The amounts, if any, to be credited as
- Check issued for Value or Account down payment and/or trade in
- Issued for Value, there is no pre-existing 3. The difference between the amounts set
forth
obligation.
4. The charges, individually itemized,
- Issued for Account. There is an existing which are paid or to be paid by such
obligation [w/funds, w/o sufficient funds, person in connection with the
transaction but which are not incident to
W/ Insufficient Funds]
the extension of credit
- The mere issuance of worthless check 5. The total amount to be financed
constitutes BP 22 6. The finance charge (atty. Fees,
collection fees.) expressed in terms of
- The mere fact you do it, regardless of pesos and centavos
the state of mind, it is punishable. 7. The percentage that the finance bears to
total amount to be financed expressed
Elements for violation of BP 22 as a simple annual rate on the
outstanding unpaid balance of the
- Making, drawing, and issuance of a obligation

check to apply for an account or any Who are the lenders required to disclose?
value. - Banks and other financial institutions
- Knowledge of the act - Any person in the business of extending
loans, or selling or renting property or
- Subsequent dishonor
services on a time, credit, or installment
basis, either as principal or grant.
Notice of Dishonor
What are the effect if the creditor fails to
- 5 Banking days disclose?
- Presumption of knowledge - The credit transaction remains valid
- Absolute defense after the payment of and enforceable, but the debtor are
afforded for ff. remedies:
bouncing checks
a. File a civil case for damages in the
amount of Php100 or of twice the
Penalties
finance charged, whichever is
greater, but not to exceed P2,000. offense of money laundering
Must be brought within 1 year from referred to in paragraphs a, b, or c
the date of occurrence, in any court
of competent jurisdiction Money laundering is also committed by any
b. If non-disclosure is willful, file a covered person who, knowing that a covered or
criminal case. Penalty is fine not suspicious transaction is required under this act
less than P1,000 or more than to be reported to the Anti-Money Laundering
P5,000 or imprisonment for not less Council, fails to do so.
than 6 months, nor more than 1 Money Instrument
year. Or both
c. The lender will have no right to - Coins or currency of legal tender in the
collect such charge or increase PH, or of any other country
thereof, even if stipulated in the - Drafts, checks, and notes;
promissory note - Securities or negotiable instruments,
bonds, commercial papers, deposit
R.A 9160. ANTI-MONEY LAUNDERING ACT certificates, trust certificates, custodial
- To protect and preserve the integrity and receipts or deposit substitute
confidentiality of bank accounts and to ensure instruments, trading orders, transactions
that the Philippines shall not be used as a tickets and confirmations of sale or
money laundering site for the proceeds of any investments and money market
unlawful activity instruments.

Money Laundering Covered Persons

- Activities intended to disguise the origins - Report to the AMLC all covered and
of the proceeds of the crime through suspicious transactions within 5
processes that transform illegal inputs working days from occurrence thereof
into apparently legitimate sources. - Exception: Lawyers and Accountants
- Committed by any person who, acting as independent legal
knowing that any monetary instrument professionals (professional secrecy)
or property represents, involves, or who happened you acquire a suspicious
relates to the proceeds of any unlawful information from that client of yours.
activity. (PUTA-CA) Safe Harbor Provisions
1. Transacts said monetary instrument
or property - No administrative, criminal or civil
2. Converts, transfers, disposes of, proceedings, shall lie against any
moves, acquires, possesses, or person for having made a covered or
Uses said monetary instrument or suspicious transaction report in the
property regular performance of his duties in
3. Conceals or disguises the true good faith, whether or not such
nature, source, location, disposition, reporting results in any criminal
movement or ownership of or rights prosecution under this act.
with respect to said monetary
Covered Transactions
instrument or property
4. Attempts or conspires to commit - Transaction, in cash or other equivalent
money laundering offences monetary instrument, involving a total
5. Aids, abets, assists in or counsels amount in excess of P500,000
the admission of the money (threshold amount) within one banking
laundering offences referred to in days. Casinos (in excess of
paragraphs a, b, or c, and; P5,000,000)
6. Performs or fails to perform any act
as a result of which he facilitates the Suspicious Transactions
- A transaction with a covered institution, - Covered institutions shall maintain
regardless of the amount involved where accounts only in the true and full name
any of the following circumstances of the account owner or holder.
exists (SUSU-DIC) - Accounts shall be opened and created
1. No Underlying legal or trade obligation, face-to-face but due to pandemic, online
purpose, or economic justification is adopted
2. Client is not properly Identified - Peso and foreign currency non-checking
3. Amount involved not Commensurate numbered accounts shall be allowed.
with clients business or financial Provided, that the true identity of the
capacity customers are satisfactorily
4. Transaction Structured in order to avoid established based on official and other
being subject of reportorial requirements reliable documents and records, and
5. Transactions which Deviates from that the information and documents
clients profile and/or clients past required under the provisions of these
transactions with covered institutions rules are obtained and recorded by the
6. Transactions related to Unlawful covered institutions
activities, including those committed or
about to be committed Minimum information/documents required
7. Similar or analogous transactions for corporate and juridical entities:

Preventive Measures and Obligations of 1. Articles of Incorporation/Partnership


Covered Persons 2. By laws;
3. Official address or principal business
Customer Identification address
4. List of directors/partners
- Covered institutions shall establish and 5. List of principal stockholders owning at
record the true identity of its clients least 2% of the capital stock
based on official documents. They shall 6. Contact numbers
maintain a system of verifying the true 7. Beneficial owners, if any; and
identity of their clients. 8. Verification of the authority and
- For trustees, nominee and agency identification of the person purporting to
accounts: Verify and record the true act on behalf of the client
and full identity of the person on whose
behalf a transaction is being conducted AMLC is composed of:

Record Keeping 1. Bangko Sentral ng Pilipinas (Governor)


2. Insurance Commission (Chairman); and
- All records of all transaction of covered 3. Securities and Exchange Commission
institutions shall be maintained and (Chairman)
safely stored for five (5) years from the
dates of transactions. Said records and AMLC Powers
files shall contain the full and true
identity of the owners or holders of the Inquire into deposits or investments when:
accounts involved in the covered - Upon order of any competent court
transactions and all other customer (court of appeal) based on an ex parte
identification documents application
- If closed account-at least five (5) years - Under the Anti-Terror Law
from the dates when they were closed - No court order shall be required in;
- If a money laundering case was filed-file Kidnapping for ransom, Drug Offenses,
must be retained until it is confirmed that Hijacking, destructive arson and
the case has been finally resolved or murder, including those perpetrated by
terminated by the court terrorists against non-combatants and
Prohibition Against Certain Account similar (civilian) targets, similar foreign
offenses, and AMLC’s authority under because we are no longer have “A”
the Anti-Terror Law credit)

Freeze Order Salient Amendments to AMLA

- You cannot withdraw/use the account in - Included transactions in excess of


such period of time. Freeze order shall P500,000 of all Philippine offshore
be effective immediately, for a period of Gaming Operators (POGO) within the
20 days either lift or extend the freeze purview of AMLA
order (if extend, only up to 6 months [20 - Included real estate brokers and
days is included]) developers as “covered persons” but
- Anti-Terror Law only for single cash transactions
involving amounts in excess of
Asset Forfeiture P7,500,000, effectively narrowing the
- AMLC may institute civil forfeiture burden of reportorial requirements for
proceedings and all other remedial high-risk transactions
proceedings through the office of - Included tax crimes with a threshold in
solicitor general excess of P25,000,000 and violations
- When? When there is a covered of the Trade Management Act on the
transaction or suspicious transaction financing of the proliferation of weapons
report made and the court has, in a of mass destruction. As a predicate
petition filed for the purpose, ordered offense
the seizure of any monetary instrument - Granted the AMLC the ff. powers:
or property, in whole or in part, directly a. Authority to require, receive, and
or indirectly, related to said report analyze covered or suspicious
- If monetary instrument or property to be transaction reports from covered
forfeited cannot be located, the persons
convicted may be ordered to pay the b. Issue subpoenas and conduct
value of the monetary instrument or search and seizure of suspicious
property in lieu of forfeiture accounts
c. Preserve, manage, or dispose
Updates on AMLA assets pursuant to a freeze order,
preservation order, or judgement of
- RA 11521 which was signed into law on
forfeiture
January 29, 2021, introduces
d. To implement targeted financial
amendments to AMLA in a bid to
sanctions in relation to the
prevent the country from being included
proliferation of weapons of mass
on the ”gray list” or countries with weak
destruction and their financing
policies against dirty money by the
- Adopted information security and
Financial Action Task Force (Based on
confidentiality proposals, safeguarding
Paris, Global Money Laundering and
information processed through AMLC
Terrorist Financing watchdog.)
and deterring the council’s staff leaking
- Financial Action Task force set
or misusing information
international standards that aim to
prevent this illegal activities and the
harm it will cause the society.
- Being included in the “Gray list” means
there will be a higher interest rates and
processing fees as well as more layers
of scrutiny from financial institutions (in
case mangungutang nanaman ang
pilipinas it will be hard to us to ask for it
2. 20,000km of operation after such
delivery
- This shall be the period during which the
consumer can report the nonconformity

R.A 10642. LEMON LAW Motor Vehicle

- it is hereby declared the policy of the state to - Any self-propelled, four-wheeled road
promote full protection to the rights of vehicle designed to carry passengers
consumers in the sale of motor vehicles (Ex. Sedans, Pick-ups, vans)
against business and trade practices which are - Excluding: motorcycles, delivery trucks,
deceptive, unfair or otherwise inimical to dump trucks, busses
consumers public interest Nonconformity
Definition of Terms - Refers to:
Brand New Vehicle 1. Defect of condition that substantially
impairs the use, value or safety
- Constructed entirely new parts 2. Prevents it from conforming to the
- Never been sold or registered with the standard or specification
DOTC 3. Which cannot be repaired
- But excluding:
Collateral Charges
1. Conditions resulting from
- Fees paid to LTO for the registration of noncompliance by the consumer
brand new motor vehicles 2. Modifications not authorized by the
- Such as but not limited to, the cost of manufacturer
insurance pertaining to the vehicle, 3. Abuse or neglect
chattel mortgage fees and interest 4. Damage due to incident or force
expenses if applicable majeure

Comparable Motor Vehicle Warranty

- Motor Vehicle that is identical or - Refers to written assurance, so labeled


reasonable equivalent by the manufacturer
- Offsetting from the value(motor vehicle)
Warranty Booklet
for reasonable allowance for its use is
allowed - Issued by the manufacturer shall clearly
state the manner and form of such
Dealer/Retailer
notice to constitute a valid and legal
- Sell brand new MV directly to the retail notice to the manufacturer.
buyers and public - It shall also clearly state the
responsibility of the consumer under this
Distributor section
- Sell brand new MV to duly authorized Warranty Period
dealer/retailer
- Refers to the period provided for under
Implementing Agency the contract of sale
- Department of Trade and Industry (DTI) Requisites to Invoke Lemon Law Rights
Lemon Law Rights Period 1. Brand new MV
2. Purchased in the PH
- Refers to whichever comes first;
3. Reported by the consumer in the
1. 12 months after the date of original
nonconformity of MV
delivery
4. Within 12 months after the date of 2. In such amount agreed upon by the
original delivery or first 20,000km of parties
operation from such deliver, whichever 3. A service vehicle at the option of the
comes first manufacturer

Repair Attempts Determination of Reasonable Allowance

- At any time, within the lemon right law 1. 20% per annum deducted from the
period, and after at least 4 separate purchase price
repair attempts 2. By using the formula: Distance Travelled
(in KM) * purchase price/ 100,000KMs
Notice of Availment
Any disagreement on this matter shall be
- The consumer shall, in writing, notify the resolved by DTI
manufacturer of:
1. Unresolved complaint Remedies for Dispute Resolution
2. Intention to invoke his right
Mediation
Availment of Lemon Law Right
a. The principle of negotiation,
- Subsequent to the filing, the consumer conciliation and mediation towards
shall bring the vehicle to the amicable settlement must be observed
manufacturer for a final attempt to b. Any cost incurred establishing the
address the complaint of the consumer validity of the consumers complaint shall
to his satisfaction be borne jointly by the consumer and
- It shall be the duty of the manufacturer manufacturer
to attend such complaint c. Complain shall be deemed valid if it is
- In the case of nonconformity remains proved that the MV does not conform
unsolved, the consumer may file a to the standards or specifications set
complaint before the DTI by manufacturers
d. Upon failure of Mediation, the parties
Deemed Successful Repair shall execute a certificate attesting to
- If the vehicle is not returned for repair such failure
within 30 calendar days from the date of Arbitration
notice of release
- In the event of failure to settle the
Event where nonconformity issue still exist complaint, both parties may voluntarily
- After the 30 days but within the lemon decide to undertake arbitration
law period, the consumer may be proceedings
allowed to invoke his rights Adjudication
Compensation for non-use a. In the event that both parties do not
- To compensate for non-usage of the undertake arbitration proceedings, at
MV, the consumer shall receive a least one of the parties may commence
reasonable allowance which covers adjudication proceedings. Adjudication
the transportation from his residence to shall no later than 20 working days
his workplace b. In case of finding where nonconformity
is proved. Either of the ff. remedies must
Reasonable Allowance is equivalent to: be performed
- Replace the motor with a similar and
1. Air-conditioned taxi fare, as evidenced
comparable MV, subject to availability
by official receipt
- Accept the return of the MV and shall - Manufacturer, distributor, authorized
pay for the purchase price plus the dealer or retailer who violated this act
collateral charges shall pay for a minimum amount of
P100,000 as damage to the aggrieved
In case consumer decides to purchase different party
item, the difference between shall be paid by
the latter

In both cases, the reasonable allowance for use


shall be deducted from determining the value
of the nonconforming MV R.A 9394. CONSUMER ACT

c. In case where nonconformity is not CHAPTER 1: Consumer Product Quality and


found: Safety
- Manufacturer can reimburse the cost Implementing Agency
incurred by the latter in validating the
consumers complaints Department of Health

An appeal may be taken after such final - With respect to food, drugs, cosmetics,
judgment within 15 days from the receipt devices and substances
thereof. The appeal shall be taken by filing a
Department of Agriculture
memorandum of appeal to the secretary of the
DTI, with notice of appeal to the adjudication - With respect related to agriculture
officer, with a copy of duly furnished the
adverse parties on any of the ff. grounds: Department of Trade and Industry

1. Grave abuse of discretion - With respect to those listed above


2. The decision/order is in excess of
Publication of Standard
jurisdiction
3. The decision/order is not supported by - In 2 newspaper of general circulation
the evidence and at least once a week for a period
not less than 1 month
The secretary shall decide on such appeal not
later than 30 days from the receipt thereof. A Effectivity of Rules
party seeking for further appeal from the
decision of secretary of DTI may file a case of - Shall not exceed 90 days from the date
certiorari to the COA promulgated

Disclosure on Retail Injurious, Dangerous and Unsafe Products

- Should the returned MV be made - Must be subject to seizure from public


available for resale sale or distribution
- Prior to the sale or transfer, disclose in - Within 48 hours from such order
writing to the next purchase the ff.
Penalties
1. The specific MV was returned
2. The nature of the nonconformity - Fine not less than 1,000 but not more
3. The condition of the MV at the time than 10,000
of delivery - Imprisonment for 2 months but not more
than 1 year
The responsibility of the manufacturer shall
- Or both
cease upon the sale of the affected MV to the
first purchaser CHAPTER 2. Food, Drugs, Cosmetics, and
Devices
Penalty
Implementing Agency
- Department of Health micro-organism which has the capacity
to inhibit or destroy micro-organism
Adulterated Food
Adulterated Cosmetics
- if it bears any poisonous or deleterious
substance - Filthy, putrid or decomposed
- it has passed its expiry date - Prepared under unsanitary condition
- there has been omission or abstraction - Poisonous or deleterious
- if its bears a color additive which is - If its contain color additive, except hair
unsafe dye
- if it is confectionary, and it bears or
contains any alcohol or non-nutritive Factory Inspection

Regulation of Unprocessed Food - To enter at a reasonable time


- To inspect in a reasonable manner
- the provincial, municipal and city - Prior to the inspection, the inspector
governments shall regulate the shall give a receipt to an agent in charge
preparation and sale of mean, fresh - Copy of result or such analysis shall be
fruits, vegetables, and other foodstuff for furnished promptly to the owner,
public consumption operator or agent in charge

Exceptions for Conformity with Regulation Drug Reference Manual & Drug Bulletin

- it and its use or intended use conforms - The department shall publish such
to the terms of an exemption for being manual and bulletin to serve as
solely intended for investigational use by reference by manufacturers, distributors,
qualified experts physicians, consumers and such other
- The respective department prescribe the group
conditions under which such additives
may be safely used Administrative Sanction

Adulterated Drugs and Devices - Not less than 1,000 not more than 5,000

- It contains filthy, putrid or decomposed Prohibited Acts and its penalties


substance - Fine of not less than 5,000 not more
- It purports to be or is represented as a than 10,000
drug - Imprisonment of 1 year but not more
- its efficacy, quality or purity falls below than 5 years
Exemption in Case of Drugs and Devices - Or both

- Drugs intended for use by man which; CHAPTER 3. Hazardous Substance


habit forming Implementing Agency
Licensing and Registration - Department of Health
- Within 180 days after filing of an Penalties
application, the department shall either
approve or give the applicant notice of - Fine not less than 1,000
an opportunity for a hearing - Imprisonment not less than 6 months
nut more than 5 years
Antibiotic Drug defined. - Or both
- Any drug intended for use by man Protection against deceptive, unfair and
containing any quantity of any chemical unconscionable sales acts or practices
substance which is produced by a
Implementing Agency
- Department of Trade and Industry - Imprisonment not less than 5 months
not more than 1 year
Unfair or Unconscionable Sale - Or both
- The sale was done in bad faith, the Regulation of Practices Relative to Weights
consumer is in physical or mental and Measures
infirmity, ignorance, illiteracy, lack of
time - Provincial, city or municipalities
- Shall be tested, calibrated and sealed
Chain Distribution Plan every 6 months by the official sealer
- Also known as the Pyramid Sales Use of Metric System
Schemes
- This scheme shall not be employes in - Legal instruments and documents shall
the sale of consumer products be in the metric system

Home Solicitation Sales Full warranty

- No business shall conduct any home - If the written warranty meets the
solicitation sales minimum requirements

Home Solicitation; When Conducted Limited warranty

- 9:00am – 7pm of each working day - If the written warranty does not meet
- Other time where the person solicited such minimum requirements
has previously agreed to the same
CHAPTER 4. Labeling and Fair Packaging
Home Solicitation; Whom Conducted
Implementing Agency
- By a person who has a proper
identification and authority from his - Department of Trade and Industry
principal to make such solicitation The prohibition does not include to:
Receipts for Home Solicitation Sales - Engaged in packaging or labeling
- Sales shall be properly receipted - Prescribe or specify by any means the
manner in which such product is pack
Prohibited Representations - Having knowledge, refuse to disclose

- Buyer has been specially selected Philippine Product Standard Mark


- A survey, test or research has been
conducted - The label may contain the Philippine
- Seller is making a special offer to a few Product Standard Mark if it is certified to
person only for a limited time have passed the consumer product
standard
Referral Sales
Special Packaging for Protection of Children
- Shall not be used in the sale of
consumer products generally - The degree or nature to children
- Unless, the seller executes in favor of - Feasible, practicable and appropriate
the buyer a written undertaking that will Price Tag Requirement
grant a specified compensation or other
benefit to said buyer - Shall not be sold at a price higher than
that stated therein
Penalties
Manner of Placing Price Tag
- Fine not less than 500 not more than
10,000 - Product per unit in pesos and centavos
- Visible placement
- There shall be no erasures or alterations

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