Elements to Establish a BP 22 Case Flashcards
What are the elements needed to establish a BP 22 case?
To file a complaint for violation of BP 22 against X, it is essential to establish the following elements:
(1) the making, drawing, and issuance of X of checks to apply on account or for value;
(2) the knowledge of X that at the time of issue of said checks, he or she does not have sufficient funds in or credit with the drawee bank for the payment of the checks in full upon its presentment; and
(3) the subsequent dishonor of the checks by the drawee bank due to insufficiency of funds or credit or dishonor for the same reason had not X, without any valid cause, ordered the bank to stop payment.
To substantiate the second element abovementioned, one must be able to establish that a notice of dishonor has been sent to X, that said notice was in fact received by him/her, and that he/she failed to pay the amount of the check/s or to make arrangement for its payment within five days from receipt of the notice.
