TO : Records and HR
Subject: MC 2017 - 11
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JUS
Memorandum Circular No 2017 - 11
WINDLING AND OTHER DECEITS
Art. 315. Swindling (estafa). — Any person who shall defraud another by any of the means mentioned hereinbelow shall be punished by:
This memo seeks to impose less stiff penalties in terms of fine rather than the extreme which is Class D offense. (Dismissal)
This is just a reiteration of what was practiced before at the mother company - Unisun
1. Objectives
1. To achieve higher efficiency and productivity:
Efficiency: Outputs/Input > 1
Productivity: output/individual --increasing year on year
2. To develop good shitsuke, self discipline to be a good employee and businessman.
What are to be developed:
1. Punctuality (that means arriving on or before 7:30) and 100% attendance . (In Toyota Japan, they award a hatch car)
Award of P500.00 monthly
2. Punishment:
1. If you are late beyond 8:30, you are to be considered absent;
2. You can only go half day from 12 onwards, not 8:00 to 12
3. If you are AWOL especially without notification and unjustifiable reason, you are decked for another day
3. Late reports/submission beyond the deadline:
P100.00 penalty for every day of delay
4. Others:
1. P50.00 for every wrong check issued
2. P500.00 for every double sale committed to be distribute among:
At the sbu
P100. cmo
P100 sfc
P100 css 1
P100. rcrma
P100 TA
Again this is a preventive measure and better than spending years in jail for estafa. Now you will be aware not to commit double sales. Without this, double sales becomes a norm
Art. 315. Swindling (estafa). — Any person who shall defraud another by any of the means mentioned hereinbelow shall be punished by:
1st. The penalty of prision correccional in its maximum period to prision mayor in its minimum period, if the amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos, and if such amount exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each additional 10,000 pesos; but the total penalty which may be imposed shall not exceed twenty years. In such cases, and in connection with the accessory penalties which may be imposed under the provisions of this Code, the penalty shall be termed prision mayor or reclusion temporal, as the case may be.chanrobles virtual law library
2nd. The penalty of prision correccional in its minimum and medium periods, if the amount of the fraud is over 6,000 pesos but does not exceed 12,000 pesos;
3rd. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period if such amount is over 200 pesos but does not exceed 6,000 pesos; and
4th. By arresto mayor in its maximum period, if such amount does not exceed 200 pesos, provided that in the four cases mentioned, the fraud be committed by any of the following means:
- 1. With unfaithfulness or abuse of confidence, namely:
- (a) By altering the substance, quantity, or quality or anything of value which the offender shall deliver by virtue of an obligation to do so, even though such obligation be based on an immoral or illegal consideration.chanrobles virtual law library
(b) 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 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.chanrobles virtual law library chan robles virtual law library
(c) By taking undue advantage of the signature of the offended party in blank, and by writing any document above such signature in blank, to the prejudice of the offended party or of any third person.chanrobles virtual law library
- (a) By using fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions, or by means of other similar deceits.chanrobles virtual law library
(b) By altering the quality, fineness or weight of anything pertaining to his art or business.chanrobles virtual law library
(c) By pretending to have bribed any Government employee, without prejudice to the action for calumny which the offended party may deem proper to bring against the offender. In this case, the offender shall be punished by the maximum period of the penalty.chanrobles virtual law library
(d) [By post-dating a check, or issuing a check in payment of an obligation when the offender therein were not sufficient to cover the amount of the check. The failure of the drawer of the check to deposit the amount necessary to cover his check within three (3) days from receipt of notice from the bank and/or the payee or holder that said check has been dishonored for lack of insufficiency of funds shall be prima facie evidence of deceit constituting false pretense or fraudulent act. (As amended by R.A. 4885, approved June 17, 1967.)]
(e) By obtaining any food, refreshment or accommodation at a hotel, inn, restaurant, boarding house, lodging house, or apartment house and the like without paying therefor, with intent to defraud the proprietor or manager thereof, or by obtaining credit at hotel, inn, restaurant, boarding house, lodging house, or apartment house by the use of any false pretense, or by abandoning or surreptitiously removing any part of his baggage from a hotel, inn, restaurant, boarding house, lodging house or apartment house after obtaining credit, food, refreshment or accommodation therein without paying for his food, refreshment or accommodation.chanrobles virtual law library
- (a) By inducing another, by means of deceit, to sign any document.chanrobles virtual law library
(b) By resorting to some fraudulent practice to insure success in a gambling game.chanrobles virtual law library
(c) By removing, concealing or destroying, in whole or in part, any court record, office files, document or any other papers.chanrobles virtual law library
PAGSASANAY SA TAGUMPAY (Training for Success)
Jorge U. Saguinsin
1. LET US WORK TOGETHER TO CREATE BEAUTIFUL LIFE STORIES (not worries)
2. BIDDA: BELIEVE, INSPIRE, DREAM, DO AND ACT
3. Read and answer all email and texts. Be responsible
4 RRURAC (Read, Reflect, Understand, Realize Act, Check) # 3
5. Makipag TIPAN - iGALANG ang mga nasusulat: CCD handbook at MC
YOUR OFFICES ARE OBLIGED ORDERED TO UPDATE THEIR POSTS AT THE FOLLOWING SITES: (they have been placed here for your easy reference)
Weekly posting at HolyGardes Communications and Best Pictures
Notice: This email address is a private property of Holy Gardens Group and its contents are private and confidential. Its contents and attachment may not be copied nor forwarded to parties other than the ones intended to, nor can the contents be used other than the original intent You are advised to delete the message you received if in case it may have been wrongly sent to your good office
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