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TOPIC: Violation of BP22- Lending Companies

Violation of BP22- Lending Companies 7 years 2 months ago #256

Good morning Atty and fellow readers:

I am also a victim of this bounced check law and I want to ask your assistance on how I can counter such private lending companies who are taking advantage of this. For every bounce check is already a big amount plus the interest.

I cannot guarantee promissory for such payments because I also have other obligations. Can you help me out please?
Atty. Libayan wrote:
Section 1 of the Bouncing Checks Law penalizes two distinct acts (Bautista vs. Court of Appeals, G.R. No. 143375, 6 July 2001):

(1) Making or drawing and issuing any check to apply
on account or for value, knowing at the time of issue
that the drawer does not have sufficient funds in or
credit with the drawee bank.

(2) Having sufficient funds in or credit with the
drawee bank shall fail to keep sufficient funds or to
maintain a credit to cover the full amount of the
check if presented within a period of 90 days from
the date appearing thereon, for which reason it is
dishonored by the drawee bank.

Sa BP 22, into ay malum prohibitum, ibig sabihin, kahit wala kang intention na i violate ito, pwede ka pa rin mapenalize basta nagawa mo ang mga pinagbabawal dito. Kaya habang yung mga tseke na yun ay di pa rin napopondohan o nakakacancel, pwede ka pang magkaroon ng liability mula dito.
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Violation of BP22- Lending Companies 7 years 2 months ago #284

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Do not let your checks bounce or better yet, do not issue checks. You cannot shield yourself from the law.
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