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The lawyer, Atty. Lowell S. Tabuada, wrote to ABC Bank's Human Resource Manager regarding his client Jessica M. Tapia's case involving forged transactions by Neh Whang that made Tapia liable. Tabuada argues that holding Tapia responsible without investigating Whang or allowing Tapia due process is unfair and violates her constitutional rights. He encourages the bank to reinvestigate in order to reach a just settlement, otherwise he will pursue legal action on Tapia's behalf.
The lawyer, Atty. Lowell S. Tabuada, wrote to ABC Bank's Human Resource Manager regarding his client Jessica M. Tapia's case involving forged transactions by Neh Whang that made Tapia liable. Tabuada argues that holding Tapia responsible without investigating Whang or allowing Tapia due process is unfair and violates her constitutional rights. He encourages the bank to reinvestigate in order to reach a just settlement, otherwise he will pursue legal action on Tapia's behalf.
The lawyer, Atty. Lowell S. Tabuada, wrote to ABC Bank's Human Resource Manager regarding his client Jessica M. Tapia's case involving forged transactions by Neh Whang that made Tapia liable. Tabuada argues that holding Tapia responsible without investigating Whang or allowing Tapia due process is unfair and violates her constitutional rights. He encourages the bank to reinvestigate in order to reach a just settlement, otherwise he will pursue legal action on Tapia's behalf.
TEL. NO. (088) 221-3377, CELL NO. 09161347004 February 10, 2016 Chan Li Human Resource Manager ABC Bank Malaybalay City, Bukidnon Dear Mr. Li: Peace in Christ! My client Jessica M. Tapia came to my office last January 4, 2016 to seek a legal advice regarding the controversy involving her with the company, specifically the forged transactions of Ms. Neh Whang to the bank which made my client to be answerable and liable to those said transactions. As a lawyer, I just want to inform you that your actions regarding the said issue in enforcing Ms. Tapia to be made payable the same was not fair and prejudicial to her rights as a person. The same should be done in accordance with law. The forger, whos in this case Ms. Neh Whang, should be made liable with her acts when she exceeded her rights and acted beyond the scope of authority given by her principal, Mr. James Bond, in accordance with Negotiable Instruments Law of the Philippines. Moreover, Ms. Whang may be held guilty of Estafa under the Revised Penal Code of the Philippines for defrauding Ms. Tapia of the genuiness of the withdrawal slip and abusing the trust and confidence reposed in her by her principal, Mr. James Bond. In all instances, my client Ms. Tapia cannot be made payable, unless there is conspiracy between her and Ms. Whang of the illegal withdrawals of the latter or if Ms. Tapia is negligent in her acts in those aforementioned transactions. In this case it was not shown that she acted the same. In fact, she already sent an explanation letter regarding the said issue that she acted in good faith in dealing with those transactions. Further, based on the record of service and performance, it is clearly shown that Ms. Tapia is really committed and dedicated to her job as a Teller since she became an employee of such company.
More importantly, under the Philippine Constitution, specifically the provisions on
Bill of Rights, No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. The rights of Ms. Tapia for the due process of law is clearly violated. Hence, I encourage the management to reinvestigate the case in order to come up with a fair and just settlement of the herein case. Should the company failed to make reasonable efforts in resolving the said matter, we, together with my client, will not hesitate to file a case to the court to seek redress against the personnel involved and the management. Hoping that this letter will merit your actions. Thank you.
ATTY. LOWELL S. TABUADA
Counsel of Ms. Jessica M. Tapia Fortich St. Malaybalay City, Bukidnon PTR No. 2338680 Jan. 13, 2016 IBP O.R No. 709486, Jan. 13, 2016 Roll of Attorney No. 52426 TIN NO. 941-512-225 MCLE Compliance No. II-0007480 09/01/15 MCLE Compliance No. II-0016153 05/07/16
United States v. John Dioguardi, A/K/A Johnny Dio, Thomas Plumeri, David Perlman and Firstnational Kosher Provisions, Inc., 428 F.2d 1033, 1st Cir. (1970)