1. Which of the following is punishable act
What act may be presented by the maker or
under BP 22 also known as Bouncing
Checks Law?
a. Any person who (a) makes or draws and
issues any check to apply on account or
for value, (b) knowing at the time of issue
that he does not have sufficient funds in
or credit with the drawee bank for the
payment of such check in full upon its
presentment, (c) which check is
subsequently dishonored by the drawee
bank for insufficiency of funds or credit or
would have been dishonored for the
same reason had not that drawer,
without any valid reason, ordered the
bank to stop payment.
b. Any person who, having sufficient funds
in or credit with the drawee bank when
he makes or draws and issues a check,
shall fail to keep sufficient funds or to
maintain a credit to cover the full amount
of the check if presented within a period
of ninety (90) days from the date
appearing thereon, for which it is
dishonored by the drawee bank.
c. Either A or B
d. Both A and B
2. Which of the following is not an element of
violation of BP 22 for issuance of worthless
check sufficient fund (NSF) check?
There must be criminal intent to
defraud on the part of the drawer of
the check.
3. What is the legal obligation on the part of the
drawer of a funded check in order to exempt
himself from criminal liability for bouncing
check?
He must keep sufficient fund or
maintain credit to cover the full
amount of the check within a period of
90 days from the maturity date of the
check.
4. What is the penalty for violation of BP 22 or
Bouncing Checks Law?
Imprisonment of not less than 30 days
but not more than (1) years or fine of
not less than but not more than
double the amount of the check which
fine shall in no case exceed Two
Hundred Thousand Pesos or both
imprisonment and fine.
5. What is the prima facie evidence of the
knowledge of insufficiency of funds or credit
by the maker or drawer of a check?
The making, drawing and issuance of
a check payment of which is refused
by the drawee because of insufficient
funds in or credit with such bank,
when presented within (90) days from
the date of the check.
6.
drawer of a check to destroy prima facie
presumption of knowledge of insufficiency of
funds or credit as established by the
preceding number?
The maker or drawer pays the holder
thereof the amount due thereon, or
makes arrangements for payment in
full by the drawee of such check
within (5) banking days after receiving
notice that such check has not been
paid by the drawee.
7. Which of the following is not a duty of a
drawee bank under BP 22?
The drawee bank report the act of
issuance of worthless check to AMLC
even if the amount does not exceed
the quantitative threshold to be
considered covered transaction.
8. The introduction in evidence of any unpaid
and dishonored check. Having the drawee’s
refusal to pay stamped or written thereon or
attached thereto, with the reason therefor as
aforesaid, shall be prima facie evidence of
the following elements of crime of issuance
of worthless check, except
The knowledge of the maker or drawer
of the insufficiency of fund or credit of
the check he issued.
9. Under BP 22, it shall be construed as an
arrangement or understanding with the bank
for the payment of such check.
Credit.
10. What is the quantum of evidence required to
sue or file a criminal case for criminal
offense involving violation of BP 22 for
issuance of worthless checks?
Probable cause or prima facie
evidence.
11. What is the quantum of evidence required for
conviction of criminal offense involving
violation of BP 22 for issuance of worthless
checks?
Proof beyond reasonable doubt.
12. What is the quantum of evidence required for
awarding of civil damages for issuance of
worthless checks?
Preponderance of evidence.