BOUNCING CHECKS LAW

	Effectivity of Bouncing Check Law
	Constitutionality of the Bouncing Checks Law
	Definition and Essence Bouncing Check Law
	BP Blg. 22 as Transitory Offense
	Gravamen of the Offense or Thrust of Law
	Estafa by Postdating a Bad Check and BP. Blg. 22 Distinguished
	Person can be both liable for Estafa and BP Blg. 22
	Purpose
	What the Law Punishes
	Elements Making, Drawing and Issuance of Check to Apply on Account of for Value Knowledge of Insufficiency of Funds Dishonor of Check by the Drawee Bank
	Person/s Liable
	Liability Under Bouncing Check Law
	Irrelevant in Determining Culpability Why and to Whom the Check was Issued The terms and Conditions Surrounding the Issuance of the Checks  Proof that Check was Issued in Payment of Obligation or there was a Damage Malicious Intention to Commit Crime
	Two Modes of Violating Bouncing Check Law
	Notice of Dishonor and Bouncing Check Law
	Checks Covered
	Check and Promissory Note Distinguished Memorandum Check and PN Distinguished Checks as Guarantee,  Security Deposit and Evidence of Debt Stopped Payment Check Without Sufficient Fund
	Defenses Against Bouncing Check Law
	Penalty: Imprisonment and/or Fine Circular No. 12-2000 - On Fine Only Penalty Circular No. 13-2001 - Clarification on Fine Only Penalty Subsidiary Imprisonment
	Bouncing Checks Law and Probation
	Bouncing Checks and Novation
	Civil Liability Under Bouncing Check Law

 

Criminal Procedures Complaint or Information Pre-trial Stipulation of Facts Trial Judicial Admission Demurrer to Evidence Prejudicial Questions Ejectment and Bouncing Check Law Specific Performance, Recovery of Overpayment and Damages Motion to Quash Venue or Jurisdiction Venue is Determined by Allegation in the Complaint Knowledge at the time of Issue of the Insufficiency of Funds Where the Check was Dishonored Venue of the Delivery of Check as Contemplated by Law Filing and Other Legal Fees; Docketing Filing and Prosecution of Criminal Offenses Under BP Blg. 22 The civil action for recovery of civil liability is impliedly instituted with the filing of the criminal action. Private Prosecutor's Right to Intervene Judgment Appeal State may not Appeal the Dismissal Even if Erroneous When Motion to Quash is Denied, Appeal is the Remedy Denial of Petition for Review by Minute Resolution Objection to Jurisdiction may be Raised Muto Propio & at any Stage Certiorari Estoppel Laches

Evidence Admission of the Accused Not Sufficient Affirmative Declaration Checks are Presumed to have been issued for Valuable Consideration Denial Documentary Evidence Findings of Fact of the Trial Court Implausibility of Borrowing Big Amount of Money Judicial Admission Presentation of Checks Subject of the Informations as Evidence Presumption of Knowledge of Insufficiency of Funds Presumption of Issuance and Due Presentment Speculations and Possibilities do not Take the Place of Proof Statutory Construction of the Bouncing Check Law

 

Constitutional Law Police Power of the State BP 22 and Equal Protection of Law BP 22 and Impairment of Contracts BP 22 and Imprisonment for Debt BP 22 and Undue Delegation of Legislative and Executive Powers Rights of the Accused Right to Due Process Right to be Exempt from Double Jeopardy ~ See its mother site:  Legal Resources for Filipinos

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Last Updated: Monday, January 14, 2002 01:33:54 PM
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