Title
Using Promissory Notes and Checks for Payments
Law
Ltfrb Memorandum Circular No. 90-024
Decision Date
Nov 19, 1990
Operators may use promissory notes and post-dated checks to settle outstanding obligations with the Board, facilitating payments while imposing penalties for bounced checks and requiring Board approval for amounts exceeding P100,000.
A

Definitions

  • Promissory Note (PN): A written promise by a delinquent operator to settle outstanding obligations within a specified period.
  • Post-dated Check (PDC): A check issued with a future date, used in conjunction with a promissory note.

Use of Post-Dated Checks

  • PUV operators may issue PDCs payable to the LTFRB to settle unpaid accounts.
  • If a PDC bounces, the operator must pay the amount plus surcharges and/or penalties.
  • The Board may take appropriate legal actions against operators who issue checks without sufficient funds.

Evaluation and Approval of PNs and PDCs

  • Acceptance and evaluation shall be done by a Board Member designated by the Chairman.
  • For obligations exceeding PHP 100,000.00, approval of the Chairman is required.
  • In Regional Offices, Regional Managers can evaluate and accept PNs and PDCs; however, amounts over PHP 100,000.00 require prior clearance from the Board.

Monitoring and Safekeeping Procedures

  • PDC dates shall be set on the 15th or 30th of the month to facilitate monitoring.
  • After approval, PDCs shall be submitted to the Cashier for safekeeping before due dates.
  • The Cashier issues a Provisional or Temporary Receipt (TR) to the operator upon safekeeping.
  • Upon collection on due dates, payments are acknowledged via Payment Order Slips and/or Official Receipts indicating the corresponding TR numbers.
  • In absence of provisional receipts, receipt of PDCs may be acknowledged on duplicate copies of compromise letters or promissory notes.
  • The Cashier must maintain a PDC Register with entries including date, name of operator, TR number, bank, check number, amount, or reference number/date.

Limitations on Promissory Notes

  • Operators are allowed to issue only one promissory note per book account.

Enforcement and Legal Action

  • Operators failing to settle obligations by due date shall be subject to appropriate sanctions.
  • The Legal Division shall be informed for necessary legal proceedings against delinquent operators.

Administrative Details

  • The Memorandum Circular was adopted on November 19, 1990.
  • Signed by the Chairman and two Board Members of the LTFRB.

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