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How BP 22 Is Committed: Eyebook
How BP 22 Is Committed: Eyebook
What’s up Niel? How Can I borrow P100,000.00 from Here’s the Thank You, Mac.
may I help you? you? I badly need it for my P100,000.oo I’ll pay you after a
HOW BP 22 IS business. Niel. month.
COMMITTED
NIEL 09059837209
To prevent the proliferation of worthless checks in the mainstream of daily business and to avert not only undermining of the banking system, but also the infliction of
damage and injury upon the trade and commerce occasioned by the indiscriminate issuance of such checks. (They are referred to either as “watered checks”, “bouncing
checks”, or “worthless checks”)
Let’s have a drink next DEMAND LETTER
time. Take care, Mac. NORTHSOUTH
NORTHSOUTH BANK
BANK
See you mate.
Hi Ms.Flores. I would
Sure Mr.Corpuz.
like encash thisthe
hand me check
check
drawnandunder
canmy name.
I borrow
Thank your
you. identification
Niel. I will be
Account Number: 20003945690791 going tocard?
the bank after this
transaction. Take care and
Here’s the check, Mac. The Account Name: Niel Errol F. Libertatis see you around.
drawee bank is
NOrthSouth bank. Aug. 29, 2020
DRAWN AGAINST
INSUFFICIENT FUND!!!!
NIEL 09059837209
I’m Sorry, Mr.
Hey, Niel. You betrayed me. The
Corpuz but I can’t check that was drawn in me name
encash the check. was dishonored by the bank for
It was drawn insuffienct fund.
against insufficient I did not know that my account does
fund. not have enough money, Mac.
How am I going to pay
Mac. I might end up in jail.
You will go to jail, Niel.
ACTS PUNISHED
A. The making, drawing or issuance of any check to apply on account or for value, knowing at the time of issue that the drawer does not have sufficient funds in, or credit, with the drawee bank. In this case the check is a
worthless check at the time it is issued. 1). If issued by a juridical person those liable are those who signed the check. But a mere employee tasked to sign corporate checks in blank may not be deem to have knowledge of the
insufficiency of funds. 2). One who co-signs without knowledge of lack or insufficiency of the funds is not liable.
B. Failure to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within a period of 90 days from the date appearing thereon. The check may be good at time of issue but not at the time
of presentation (worthless at the time of presentation) 1). The fact that the check was presented beyond the 90-day period is of no moment. The 90-day period is not an element but merely a condition for the prima facie
presumption of knowledge of insufficiency of funds. 2). Under Banking practices, the check may be presented August 30, 2020
within 6 months from its due date, thereafter it becomes stale.
Oh okay,
Good afternoon, Mr. Mr. Niel Errol Libertatis There’s a letter
thank you!
Corpuz? How may I for you, Sir.
#16 Naguilian Rd., Baguio City
help you?
Yes. Why?
Are
you
Mr.
Good afternoon, Atty. Catuiza. Niel
Can you make a demand letter ?
for Mr. Libertatis? The check
he gave me was dishonered by
the bank.
1. Violation of B.P. is malum prohibitum a crime against public interest whereas Estafa is mala in se;
2. Violation of B.P. 22 does not require intent and damage as elements which matters are the elements of estafa;
3. Violation of B.P. 22 applies to all kinds of checks whereas Estafa applies only to checks issued as payment for a simultaneous obligation;
4. In Violation of B.P. 22 the drawer is given 5 days to pay or make arrangements for the payment of the check as against 3 days for Estafa.