Part 2 COLLECTION IN CRISIS / LEGAL REMEDIES IN COLLECTION The “Collection in Crisis / Legal Remedies in Collection” is specifically designed for non-lawyers engaged in consumer credit and collection. Its aim is not only to discuss the pertinent substantive and procedural laws affecting the collection of past due and high risk accounts but also a walk-through of the civil and criminal litigation process to protect the creditor’s interest. Atty. Rowell Agustin is the (former) Head of Collection & Asset Recovery of Robinsons Bank Corp. (RBC). Before joining the banking industry, he has been with the academe for almost 14 years. He taught the Law on Obligations and Contracts and other Business Law courses at San Beda College in Mendiola and at the Pamantasan ng Lungsod Ng Maynila. He was also active in civil, criminal, and labor litigation. Finally, he is also a proud member of the Alpha Phi Beta Fraternity of the University of the Philippines. COURSE CONTENT Part 1 An Overview of the Law and the Legal System in the Philippines 1. 2. Nature of Philippine Courts 1.1 Principle of Judicial Hierarchy: Trial & Appellate courts; 1.2 Doctrine of Non-Interference; 1.3 Civil & Criminal Courts 1.4 Katararungang Pambarangay Law Criminal vis-à-vis Civil Actions; 2.1 Nature 2.2 Purpose 2.3 Parties 2.4 Law or Legal Basis 2.5 Jurisdiction 2.6 Venue 2.7 Preliminary Investigation and the Determination of Probable Cause; 2.8 Subpoena, Summon, and Information; 2.9 Warrant of Arrest; The Legal Collection Process: Civil Litigation 1. 2. 3. 4. 5. 6. Civil Litigation, basic process; Sum of Money: Small Claims, Summary Proceedings, Ordinary Proceedings Foreclosure and Mortgage 3.1 Judicial & Extra Judicial Foreclosure of Mortgage; 3.2 Writ of Possession; 3.3 Writ of Replevin Other Provisional Remedies that are pertinent to consumer credit & collection Special Civil Actions that are pertinent to consumer credit & collections Remedial measures (Techniques) to expedite Litigation TIARA ORIENTAL HOTEL (Sapphire Room) 7248 Malugay St., Makati City Part 3 The Legal Collection Process: Criminal Litigation 7. 8. 9. 10. Criminal Litigation, basic process; Prosecuting B.P. 22 & Estafa; Removal, sale or pledge of mortgaged property; Other Felonies punishable under the Revised Penal Code & Special Criminal Laws; 10.1 Forging Treasury or bank notes, obligations and securities, importing and uttering false or forged notes, obligations and securities; 10.2 Trespass to dwelling; 10.3 Threats & Coercions; 10.4 Discovery & Revelation of Secrets; 10.5 Anti-Carnapping Act; 10.6 Anti-Fencing Law; 10.7 Usurpation; 10.8 Fraudulent Insolvency; 10.9 Libel; 10.10 Imprudence & Negligence; Part 4: Integration & Open Forum PHP3,000.00 for the first (1) participant, PHP2,800.00 for the succeeding participant from the same company. ATTY. ROWELL G. AGUSTIN Former Head, Collection & Asset Recovery - Robinsons Bank Corp. Asst. Vice President – Head of Credit Investigation, Collection, Legal and Asset Recovery Group Insular Rural Bank, Inc. Company Address Telephone Please fax to 892-9102 _______________________ (Signature over printed name) Approved by: Position: ________________________________ ________________________________ ________________________________ : ________________________________ : ________________________________ : ________________________________ Name: _________________________________ _________________________________ _________________________________ REGISTRATION Room 401 Cattleya Condominium 235 Salcedo Street, Legaspi Village Makati City, Philippines Tel. Nos. 8182372; 8178386 Fax No. 8929102; 812-9880 e-mail:cmaphil@pldtdsl.net www.cmaphil.com Sponsored by: