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    V. Knowledge of Insufficiency

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    yukibambam
    This document outlines the key elements of B.P. Blg. 22, which defines and punishes acts related to issuing checks without sufficient funds. It discusses the history and purpose of the law, the specific acts it considers punishable, what constitutes knowledge of insufficiency, the duties of drawers and drawee banks, how it relates to other laws like the Revised Penal Code, issues of jurisdiction and constitutionality, available defenses, how it handles prejudicial questions and the liability of corporations, administrative circulars on the law, a separability clause, and effectivity. It aims to comprehensively cover the major topics and provisions within B.P. Blg. 22 related to bouncing checks.

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    V. Knowledge of Insufficiency

    Uploaded by

    yukibambam
    20 views2 pages
    This document outlines the key elements of B.P. Blg. 22, which defines and punishes acts related to issuing checks without sufficient funds. It discusses the history and purpose of the law, the specific acts it considers punishable, what constitutes knowledge of insufficiency, the duties of drawers and drawee banks, how it relates to other laws like the Revised Penal Code, issues of jurisdiction and constitutionality, available defenses, how it handles prejudicial questions and the liability of corporations, administrative circulars on the law, a separability clause, and effectivity. It aims to comprehensively cover the major topics and provisions within B.P. Blg. 22 related to bouncing checks.

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    This document outlines the key elements of B.P. Blg. 22, which defines and punishes acts related to issuing checks without sufficient funds. It discusses the history and purpose of the law, the specific acts it considers punishable, what constitutes knowledge of insufficiency, the duties of drawers and drawee banks, how it relates to other laws like the Revised Penal Code, issues of jurisdiction and constitutionality, available defenses, how it handles prejudicial questions and the liability of corporations, administrative circulars on the law, a separability clause, and effectivity. It aims to comprehensively cover the major topics and provisions within B.P. Blg. 22 related to bouncing checks.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    20 views2 pages

    V. Knowledge of Insufficiency

    Uploaded by

    yukibambam
    This document outlines the key elements of B.P. Blg. 22, which defines and punishes acts related to issuing checks without sufficient funds. It discusses the history and purpose of the law, the specific acts it considers punishable, what constitutes knowledge of insufficiency, the duties of drawers and drawee banks, how it relates to other laws like the Revised Penal Code, issues of jurisdiction and constitutionality, available defenses, how it handles prejudicial questions and the liability of corporations, administrative circulars on the law, a separability clause, and effectivity. It aims to comprehensively cover the major topics and provisions within B.P. Blg. 22 related to bouncing checks.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 2

    I.

    INTRODUCTION

    II.

    HISTORY

    III.

    PURPOSE OF B.P. BLG. 22

    IV.

    ACTS PUNISHABLE
    1.
    2.
    3.
    4.
    5.

    Elements of first act punishable under B.P. Blg. 22


    Elements of second act punishable under B.P. Blg. 22
    Elements of third act punishable under B.P. Blg. 22
    Definition and Concept of Issue
    Checks

    V.

    KNOWLEDGE OF INSUFFICIENCY
    1. Actual Knowledge of Insufficiency of Funds Essential in B.P. Blg. 22
    2. Prima Facie Evidence of Knowledge of Insufficient Funds
    3. 90 day-period to deposit the check not an element of B.P. 22
    4. Importance of Notice of Dishonor
    5. Prevailing Doctrines on Notice of Dishonor

    VI.

    DUTY OF THE DRAWEE UPON REFUSAL TO PAY

    VII.

    PROSECUTION OF B.P. BLG. 22 WITHOUT PREJUDICE TO ANY LIABILITY


    UNDER THE REVISED PENAL CODE
    1. Comparison of Estafa and Bouncing Checks Law
    2. Deceit and Damage as element of Estafa
    3. Difference of Simultaneous Obligation and Pre-Existing Obligation
    4. Estafa through Issuance of a Check

    VIII.

    JURISDICTION, VENUE

    IX.

    CONSTITUTIONALITY
    1. Against imprisonment for non-payment of debt
    2. Non-impairment of contract clause
    3. Equal Protection
    4. Undue Delegation of Legislative Power

    X.

    DEFENSES IN B.P. 22

    XI.

    PREJUDICIAL QUESTION IN RELATION TO B.P. BLG. 22


    1. Concept of Prejudicial Question
    2. Concept of Prejudicial Question
    3. Rescission of an agreement in relation to B.P. Blg. 22
    4. Novation in relation to B. P. Blg. 22

    XII.

    CORPORATION IN RELATION TO B.P. 22


    1. Civil Liability when corporation is involved
    2. No subsidiary liability against a corporation in B.P. Blg. 22 cases

    XIII.

    CIVIL LIABILITY

    XIV.

    ADMINISTRATIVE CIRCULAR NO. 12-2000 AND 13-2001

    XV.

    SEPARARABILITY CLAUSE

    XVI. EFFECTIVITY
    XVII.

    CONCLUSION

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