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I am just a researcher that needs some light on the application of "Bouncing Checks Law" a.k.a. BP 22 on this kind of situation...
Diana, (a fictional character created by me), went to a bank to loan P 100,000. After completing the requirements, Diana had to create 12 post-dated checks as stated in the agreement between her and the bank. Diana's account has sufficient balance at the time to pay for the loaned amount.For four months the checks are good but the following checks bounced and she could not provide to cover the full amount stated in the checks as she is unemployed and had no source of income.
During those times that the check bounced, Diana experienced a series of calls and text messages and letters that ranges from reminding her to pay her debts to harassing even her family to the point of threatening to arrest them should they be found lying or something of the sort. Though Diana had planned to send the bank notice of her inability to pay and to ask them if they could stop the increase to her debts, she was not able to do so, and has completely forgotten about it, due to emotional instability brought by "bank-agents"' threats and later her physical health is affected and also due to over-work.
After recovering for a bit from bed-ridden, Diana is reminded of her debt due to a letter written allegedly by a law office and a text message on her cellphone telling her she would be arrested for violating the R.A. 8484 and Article 315 of the penal code should she not coordinate to the specified Attorney.
My question is, how is BP 22 applied in this situation? Is there a possibility that she would be imprisoned due to her inability to cover her debts~thus issuing a bouncing check?
Diana, (a fictional character created by me), went to a bank to loan P 100,000. After completing the requirements, Diana had to create 12 post-dated checks as stated in the agreement between her and the bank. Diana's account has sufficient balance at the time to pay for the loaned amount.For four months the checks are good but the following checks bounced and she could not provide to cover the full amount stated in the checks as she is unemployed and had no source of income.
During those times that the check bounced, Diana experienced a series of calls and text messages and letters that ranges from reminding her to pay her debts to harassing even her family to the point of threatening to arrest them should they be found lying or something of the sort. Though Diana had planned to send the bank notice of her inability to pay and to ask them if they could stop the increase to her debts, she was not able to do so, and has completely forgotten about it, due to emotional instability brought by "bank-agents"' threats and later her physical health is affected and also due to over-work.
After recovering for a bit from bed-ridden, Diana is reminded of her debt due to a letter written allegedly by a law office and a text message on her cellphone telling her she would be arrested for violating the R.A. 8484 and Article 315 of the penal code should she not coordinate to the specified Attorney.
My question is, how is BP 22 applied in this situation? Is there a possibility that she would be imprisoned due to her inability to cover her debts~thus issuing a bouncing check?
