BP 22 - Question AND Aswer PDF

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BATAS PAMBANSA BLG. 22 – BOUNCING CHECK1. What are the requisites to be liable under B.P?To be liable for violation of B. 22, the following essential elements must be present:(1) the making, drawing, and issuance of any check to apply for account or for value;(2) the knowledge of the maker, drawer, ...

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BATAS PAMBANSA BLG. 22 – BOUNCING CHECK

1. What are the requisites to be liable under B.P.22? To be liable for violation of B.P. 22, the following essential elements must be present: (1) the making, drawing, and issuance of any check to apply for account or for value; (2) the knowledge of the maker, drawer, or issuer that at the time of issue he does not have sufficient funds in or credit with the drawee bank for the payment of the check in full upon its presentment; and (3) the subsequent dishonor of the check by the drawee bank for insufficiency of funds or credit or dishonor for the same reason had not the drawer, without any valid cause, ordered the bank to stop payment 2. What are consider checks without sufficient funds under B.P.22? Any check drawn and issued to apply on account or for value when the checking account does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment that the drawee bank subsequently dishonored due to insufficiency of funds or credit. 3. What are the duties of the drawer under B.P.22? Duty of the Drawee – to cause to be written, printed, or stamped in plain language thereon, or attached thereto, the reason for drawee's dishonor or refusal to pay the same Where there are no sufficient funds in or credit with such drawee bank, such fact shall always be explicitly stated in the notice of dishonor or refusal. Notwithstanding receipt of an order to stop payment, the drawee shall state in the notice that there were no sufficient funds in or credit with such bank for the payment in full of such check, if such be the fact. 4. How is credit construed under B.P.22? Credit construed The word "credit" as used herein shall be construed to mean an arrangement or understanding with the bank for the payment of such check. 5. May a person liable under B.P.22, be also liable for Estafa under the Revised Penal Code of the Philippines? It must also be noted that a person liable for BP 22 may at the same time be liable for estafa under Article 315 (2-d) of the Revised Penal Code. The essential elements of the latter are: (a) a check is postdated or issued in payment of an obligation contracted at the time the check is issued; (b) lack or insufficiency of funds to cover the check; and (c) damage to the payee thereof. It is the deceit or fraud attendant to the issuance of the check which is punished. Prima facie evidence of deceit exists by law upon proof that the drawer of the check failed to deposit the amount necessary to cover his check within three days from receipt of the notice of dishonor. The key issue is whether the complainant would have parted with his money, property or any other object of the transaction were it not for the issuance of the check, which turns out to be unfunded....