BP 22

Question 1

Requisites to be liable under BP 22

Answer 1

1. making, drawing, issuance of check to apply for account or for value
2. The knowledge of insufficiency of funds
3. dishonor due to insufficiency of funds with or without stop order payment

Accommodation party maybe liable

Question 2

prima facie evidence of knowledge of insufficient funds

Answer 2

check is presented within 90 days from DATE OF CHECK

Question 3

valid defense under BP 22

Answer 3

payment to holder within 5 BANKING days after receipt of notice of dishonor due to insufficient funds

Question 4

Duty of the Drawee

Answer 4

to write, print, stamp in plain language or attach thereto, the reason for drawee’s dishonor or refusal to pay the same.

Question 5

Credit

Answer 5

arrangement or understanding with the bank for the payment of such check

Question 6

effect of acquittal on civil liability

Answer 6

does not extinguish the civil liability for dishonored checks

Question 7

prescriptive period

Answer 7

4 years from commission of the offense or discovery

Question 8

Estafa vs. BP 22
Good faith

Answer 8

Estafa- YES
BP 22 - NO

Question 9

Estafa vs. BP 22
payment of pre existing obligation

Answer 9

Estafa- NO
BP 22 - YES

Question 10

Estafa vs. BP 22
merely issuing a worthless check

Answer 10

Estafa- YES
BP 22 - NO

Question 11

period to make good the check
clue: B.P means Banking

Answer 11

Estafa- 3 days
BP 22 - 5 banking days

Question 12

Penalty under BP 22

Answer 12

30 days to 1 year

min: 2x the amount
max: 200k
or both at the discretion of court.