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TOPIC: Violation of BP22

Violation of BP22 6 years 10 months ago #152

A friend of mine received a letter of arraignment in connection to the violation of BP22 because of the checks she issued to a company pertaining to her loan.she wasn't able to pay such due to financial problem pero po nakikipagcoordinate sa sa lending company and naghuhulog sya hangang Ngayon. the letter reiterated that she needs to file a counter affidavit. What does she need to do? Hangang Ngayon naman po nga abayas say sun and may constant communication sa company but still ng file sila ng BP 22
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Violation of BP22 6 years 10 months ago #155

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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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