Legal Question in Credit and Debt Law in Philippines
this is regarding bouncing checks
My mom got hospitalised for 4 months and later die on that hospital. I paid some of her bill and the rest i issued postdated checks of 300,000 each. The first check bounce on aug. 30, 2006, Then i went to the hospital to replaced it with 10,000 each month checks and leave some jewelries to cover the whole amount of 600,000 for 3 years. This 1st check doesn't have interest. Then the second check bounced on Sept. 30, which i would like to replace but the hospital didn't allow long term payment for this and submit it to legal. The legal demanded that i pay it in shorter term of 1 and 1/2 year instead of 3 years again as in the mortgage stated that the jewelries will be foreclose if not paid in 3 years and interest if any will then be impose.
1. Can i insist on paying it in 3 years with out interest because the first check of 300t doesn't have interst for 3 years, and the mortgage covers the whole amount of 600t,
2. i am forced to sign this postdated checks though i told them i can't fund this, because they did not allow the remains of my mom to be out of the hospital on july 3 9pm when she died. I only got it on july 4 after paying 200t on cash and issuing postdated checks of 2 300t. Are they allowed not to discharge dead patien
1 Answer from Attorneys
Re: this is regarding bouncing checks
hospital are not allowed to withhold cadaver of dead patients. You should not have issued the pdc's because the hospital would sue you criminally later. You should have sought assistance from DSWD and or sue even the hospital for the release of the cadaver.
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