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    Revised Memorandum of Facts and Law

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    G F
    The memorandum discusses the best course of action regarding a branch manager (Mr. Branch Manager) who went AWOL after an incident where a client claimed to have paid their loan payment to the manager. It recommends first trying to contact the manager to understand the situation before taking any legal action. If contact cannot be made and theft is confirmed, a civil case could be filed to recover losses. As a last resort, a criminal case for estafa could also be pursued if it is clear that the manager misappropriated funds and denied receiving them, in violation of his duties.

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    Revised Memorandum of Facts and Law

    Uploaded by

    G F
    256 views3 pages
    The memorandum discusses the best course of action regarding a branch manager (Mr. Branch Manager) who went AWOL after an incident where a client claimed to have paid their loan payment to the manager. It recommends first trying to contact the manager to understand the situation before taking any legal action. If contact cannot be made and theft is confirmed, a civil case could be filed to recover losses. As a last resort, a criminal case for estafa could also be pursued if it is clear that the manager misappropriated funds and denied receiving them, in violation of his duties.

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    The memorandum discusses the best course of action regarding a branch manager (Mr. Branch Manager) who went AWOL after an incident where a client claimed to have paid their loan payment to the manager. It recommends first trying to contact the manager to understand the situation before taking any legal action. If contact cannot be made and theft is confirmed, a civil case could be filed to recover losses. As a last resort, a criminal case for estafa could also be pursued if it is clear that the manager misappropriated funds and denied receiving them, in violation of his duties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    256 views3 pages

    Revised Memorandum of Facts and Law

    Uploaded by

    G F
    The memorandum discusses the best course of action regarding a branch manager (Mr. Branch Manager) who went AWOL after an incident where a client claimed to have paid their loan payment to the manager. It recommends first trying to contact the manager to understand the situation before taking any legal action. If contact cannot be made and theft is confirmed, a civil case could be filed to recover losses. As a last resort, a criminal case for estafa could also be pursued if it is clear that the manager misappropriated funds and denied receiving them, in violation of his duties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 3

    MEMORANDUM

    X--------------------------------------------------------------------------------------------------------X

    TO: Mr. Head Branch Manager

    FROM: Glenn Royenn T. Fabi

    RE: Mr. Branch Manager (AWOL)

    DATE: February 25,2018

    X--------------------------------------------------------------------------------------------------------X

    Questions Presented

    What is the best action to be done concerning Mr. Branch Manager who
    went AWOL after the incident? Can you file a Civil or Criminal case?

    Short Answer

    The best action in my opinion is to first contact Mr. Branch manager or


    at least try to, to have a better understanding on what is happening. I do not
    advise to file in haste any case against Mr. Branch manager in the reason that
    there are many factors surrounding this case and it could or maybe would be
    settled by mere talking or contacting Mr. Branch manager to hear his side.

    Statement of Facts

    On the afternoon of February 3,2018, Mr. Client called Mr. Branch


    manager to come to his house in order for him to pay his monthly amortization
    of a 10 year loan but the payment due was February 2,2018 hence, Mr. Client
    was late. However, this was his first time to incur late payment and he is a big
    time client of the bank so he was entertained by Mr. Branch manager. Mr.
    Client allegedly paid the said amortization to Mr. Branch manager and he have
    a receipt with the signature of the latter t to be serve as a proof. However, the
    said receipt is not yet know if its genuine or not.
    Mr. Branch Manager after the incident went AWOL and cannot be called
    through his phone for over (2) two weeks. In addition Mr. Bank Manager has no
    authority to accept the money for BDO.

    Discussion
    In order to have a better sight at the dispute I recommend that, even
    though it is two week and no news about the whereabouts of Mr. Branch
    manager, you should try to have a contract with him either by going to his
    house or contacting his immediate relatives. I do not recommend that you
    would dismiss him from his position in the reason that you may violate a
    provision under the Labor Law. I also do not recommend filing hastily a civil or
    criminal case against the Mr. Branch Manager because there could be less
    expensive and less difficulty in settling this dispute.

    If however, you are sure that Mr. Branch Manager stole the cash paid by
    Mr. Client and ran away and even issuing a not genuine receipt to the latter, I
    advise that you file a civil case or a criminal case against Mr. Branch Manager
    to protect your interest. If you only want to collect the cash that Mr. Branch
    Manager ran away with, just go for the civil case. In the reason that we can
    prove by mere preponderance of evidence that the acts of Mr. Branch Manager
    are in violation of a law unlike in a criminal proceeding, we are compelled to
    prove the guilt of the latter beyond reasonable doubt. We may incur a much
    more expenses in filing a criminal case and with a low percentage of winning.
    If you insist in filing a criminal case we can use Article 315 of the Revised
    Penal Code which punishes any person who shall defraud another by any
    means. Art. 315 Swindling (Estafa) par. 1(b) provides that:

    “By misappropriating or converting, to the prejudice of another,


    money, goods or any other personal property received by the offender in
    trust, or on commission, or for administration, or any under any other
    obligation involving the duty to make delivery of, or to return the same,
    even though such obligation be totally or partially guaranteed by a bond;
    or by denying having received such money, goods, or other property”.

    In your case, the Mr. Bank manager can be held liable for estafa because
    he had the obligation to submit your payment to the bank but he did not do so.
    He abuse his position in order for him to acquire the cash payment of
    amortization by Mr. Client.

    YOURS TRULY, MR. GLENN FABI

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