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Facts:Oriel Magno Is On The Process of Putting Up A Car Repair Shop Sometimein April 1983 But He Lacks Fund in Acquiring

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Facts:Oriel

Magno is on the
process of putting
up a car repair
shop sometimein
April 1983 but he
lacks fund in
acquiring

complete set of
equipments
forhim to make
his shop
operational. Thus,
she approached
Corazon Teng,
VicePresident of

Mancor
Industries, for his
needed
equipment for car
repair of which
Mancor was a
distributor.Havin
g

been approached
by petitioner on
his predicament,
who fully bared
that he had no
sufficient funds to
buy the equipment
needed,
Tengreferred

Magno to LS
Finance and
Management
Corporation
advising its VicePresident,
JoeyGomez, that
Mancor was
willing and able to

supply the pieces


of equipment
needed if
LSFinance could
accommodate
petitioner and
provide him credit
facilities.The
arrangement went

on requiring
Magno to pay 30%
of the total amount
of theequipment as
a warranty deposit.
Since Magno dont
have that money
he requested Joey
Gomezto look for

third party who


could lend him
that amount. And
apparently
Corazon Teng was
theone who
provided that
amount without
the knowledge of

Magno. As a
payment to
theequipment,
Magno issued six
checks wherein
only two of them
were cleared and
the rest have
nosufficient fund.

Likewise, because
of unsuccessful
venture, Magno
also failed to pay
LS Financewho
then pulled out the
garage
equipments.
Magno was

charged four
counts of violation
of B.P.Blg. 22
(The Bouncing
Checks Law)
where he found
guilty and
affirmed by the
Court of Appeals.

Hence, the present


petition for
reviewIssue:Whet
her Magno should
be punished for
the issuance of the
checks in
questions.Ruling:T
he Supreme Court

held that Magno is


not criminally
liable for the
issued checks.
Tocharge the
petitioner for the
refund of a
"warranty deposit"
which he did not

withdraw as it
wasnot his own
account, it having
remained with LS
Finance, is to even
make him pay an
unjust"debt", to
say the least, since
petitioner did not

receive the amount


in question. All the
while, saidamount
was in the
safekeeping of the
financing
company, which is
managed,
supervised

andoperated by the
corporation
officials and
employees of LS
Finance.It is
intriguing to
realize that Mrs.
Teng did not want
the petitioner to

know that it
wasshe who
"accommodated"
petitioner's request
for Joey Gomez, to
source out the
needed funds for

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