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issuing personal checks

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1issuing personal checks Empty issuing personal checks Wed Jan 07, 2009 1:14 pm

bpljr2


Arresto Mayor

mejo hawig po ang tanong ko sa isang nakapost na na question
pero very specific po ito
may pananagutan po bang legal ang isang taong nagbayad using his personal check na un pala ay closed
account na?
un lang po , maraming salamat

2issuing personal checks Empty Re: issuing personal checks Thu Jan 08, 2009 12:16 am

trina


Arresto Mayor

meron po. Pwede pong dalawa ang kaso nya basta kumpleto ang mga elemento

I. Estafa by postdating a check or issuing a check in payment of an obligation

Elements:
1. That the offender post dated a check or issued a check in payment of an obligation and
2.That such post dating or issuing a check was done when the offender had no funds in the bank or his funds deposited therein were not sufficient to cover the amount of the check.

II. BP22 or the Bouncing Checks Law

ELEMENTS of offense defined in the 1st PAR. of Sec.1 of BP 22:
1. That a person makes or draws and issues any check;
2. That the check is made or drawn and issued to apply on account or for value;
3. That the person who makes or draws and issues the check knows at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment;
4. That the check is subsequently dishonored by the drawee bank for insufficiency of funds or credit, or would have been dishonored for the same reason had not the drawee, without any valid reason, ordered the bank to
stop payment.

ELEMENTS of offense defined in the 2nd PAR of Se.c.1 of BP 22:
1. That a person has sufficient funds in or credit with the drawee bank when he makes or draws and issues a check;
2. That he fails 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; and
3. That the check is dishonored by the drawee bank

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