Bouncing Checks Law Flashcards
Elements of violation of bouncing checks law (CKD)
- The making, drawing, and issuance of any check to apply for account or for value
- 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
- 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
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
90 days
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
five banking days
An acquittal does not entail the extinguishment of the civil liability for the dishonored checks. True or false
true
Penalty for violation of bouncing checks law
imprisonment of ______________ and or or fine of ________
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
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
4 years
True or false. Good faith is a defense in bp 22
false. Good faith is a defense in estafa,,
If the check is in payment of a pre-existing obligation, there may be still liability in bp 22. True or false
true; crime of estafa can not exist
In bp 22 it requires that the accused both drew and issued the check. True or false
true
True or false. Estafa may be committed by merely issuing a worthless check
true
True or false a single act can only give rise to either estafa or violation of bp 22
false
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
true
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
false
What kind of evidence is needed when filing a case for violation of bp 22
probable cause or prima facie evidence
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
d&e
Damage is required in violation of bp 22. True or false
false. Only in estafa
True or false. Notice of dishonor is required in estafa
false. Only in violation of bp 22
What is the applicable penal law for violation of bp 22 and estafa respectively
special penal law, revised penal code
Worthless check is mandatory for estafa. True or false
false, only in violation of bp 22
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
true
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
true
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
true
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
true, they are deemed to have a special power of attorney to receive mail in behalf of the addressee
The violation of the bp22 is a crime of mala prohibita. True or false
true. Mala in se for estafa
True or false. Estafa is a crime against public interest while a violation of bp 22 constitutes a crime against property
false
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 _____________
180 days or six months
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
true
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?
Three times
