Bouncing Checks Law

Question 1

Elements of violation of bouncing checks law (CKD)

Answer 1

1. The making, drawing, and issuance of any check to apply for account or for value
2. The knowledge of the maker, drawer, or is over at the time of issue does not have sufficient funds in or credit with the with the drawee bank for the payment of the check in full of one it’s presentment
3. The subsequent dishonor of the check by the drawee bank for insufficiency of funds or credit or would have been dishonored for the same reason had not the drawer, without any valid cause, order the bank to stop pain

Question 2

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 _____________ from the date of the check, shall be prima facie evidence of knowledge of such insufficiency of funds or credit

Answer 2

90 days

Question 3

The maker or drawer will not be liable if he faced the holder thereof the amount due thereon or makes arrangement for payment in full by the drawee of such check within ___________ after receiving notice that such check has not been paid by the drawee

Answer 3

five banking days

Question 4

An acquittal does not entail the extinguishment of the civil liability for the dishonored checks. True or false

Answer 4

true

Question 5

Penalty for violation of bouncing checks law

imprisonment of ______________ and or or fine of ________

Answer 5

30 days to 1 year; and/or not less than but not more than double the amount of check, which fine shall not exceed the amount of 200,000

Question 6

Prescriptive period of bp 22 violation prescribes in _________ from the commission of the offense, or if the same be not known at the time, from the discovery thereof

Answer 6

4 years

Question 7

True or false. Good faith is a defense in bp 22

Answer 7

false. Good faith is a defense in estafa,,

Question 8

If the check is in payment of a pre-existing obligation, there may be still liability in bp 22. True or false

Answer 8

true; crime of estafa can not exist

Question 9

In bp 22 it requires that the accused both drew and issued the check. True or false

Answer 9

true

Question 10

True or false. Estafa may be committed by merely issuing a worthless check

Answer 10

true

Question 11

True or false a single act can only give rise to either estafa or violation of bp 22

Answer 11

false

Question 12

True or false. It shall be the duty of the joey to cause to be written, printed or stand in plain language thereon or attached thereto the reason for the dishonor or refusal to pay a check

Answer 12

true

Question 13

True or false. the drawee did not state in the notice that there was no sufficient funds or credit with such bank for the payment in full of check presented if there was a receipt of an order to stop payment

Answer 13

false

Question 14

What kind of evidence is needed when filing a case for violation of bp 22

Answer 14

probable cause or prima facie evidence

Question 15

Which of the following checks or not covered by bp 22

a. Corporate check

b. Accommodation check

c. Personal check

d. Managers check

e. Cashiers check

Answer 15

d&e

Question 16

Damage is required in violation of bp 22. True or false

Answer 16

false. Only in estafa

Question 17

True or false. Notice of dishonor is required in estafa

Answer 17

false. Only in violation of bp 22

Question 18

What is the applicable penal law for violation of bp 22 and estafa respectively

Answer 18

special penal law, revised penal code

Question 19

Worthless check is mandatory for estafa. True or false

Answer 19

false, only in violation of bp 22

Question 20

True or false. Failure to establish that a written notice of dishonor was actually received by the maker or drawer of check is a ground for an acquittal

Answer 20

true

Question 21

True or false. To establish the actual receipt of notice of dishonor, the prosecution must also proved that the signature appearing on registry return card or notice in case of personal service belongs to that of the estimate of the dishonored check or at the very least to his authorized agent

Answer 21

true

Question 22

True or false. A corporation or an officer of a corporation that receives a notice of dishonor address to one of its employees has no obligation to forward the notice to the employee concerned. Thus, such receipt is not the receipt contemplated by bp 22

Answer 22

true

Question 23

True or false. Notice of dishonor sent to the residence of the maker or drawer of the dishonored check and received by its housemaids is a receipt contemplated by bp 22

Answer 23

true, they are deemed to have a special power of attorney to receive mail in behalf of the addressee

Question 24

The violation of the bp22 is a crime of mala prohibita. True or false

Answer 24

true. Mala in se for estafa

Question 25

True or false. Estafa is a crime against public interest while a violation of bp 22 constitutes a crime against property

Answer 25

false

Question 26

Pursuant to current banking practices, the reasonable time within which the maker drawer or issuer of the check as the duty to maintain a sufficient fund balance is _____________

Answer 26

180 days or six months

Question 27

True or false. If a check was presented after 90 days but before 180 days from the date written on its face, was dishonored on the ground that the maker drawer or issuers failure to maintain a sufficient balance, search maker draw her or if we would still be liable for violation of bp 22

Answer 27

true

Question 28

Bounced checks which are stamped by the bank indicating insufficiency of funds against which the checks were drawn can be presented for encashment again to the drawee bank or redeposited to a bank for up to how many times?

Answer 28

Three times