Cheque Case Essay Example for Free

Check Case Essay A check bobs either in light of the fact that there isn't sufficient cash or credit in a bank to cover its sum, as in DAIF (drawn against lacking supports check), NSF (non-adequate finances check) and shut record. Batas Pambasa Blg. 22 rebuffs any individual who, KNOWING at the time he gives a check in installment of commitment that he doesn't have adequate assets or credit with the drawee bank. The gravamen of this extraordinary reformatory law is the issuance of check, not the non-installment of the commitment. (Lozano versus Martinez, 146 SCRA 323). Checks structure some portion of the financial framework for being substitutes for cash. Henceforth, BP Blg. 22 is neither violative of the protected arrangement against detainment of non-installment of obligation nor the non-weakness provision. On account of Que versus Individuals, the Supreme Court settled that B.P.22 applies even in situations where the disrespected checks were given just as a DEPOSIT or a GUARANTY and not as real installment. The law doesn't make any qualification. Criminal risk connects to the cabinet of the check whether it was given in installment of a commitment or only to ensure the said commitment. Solution, which is the end of the option to arraign is a barrier in B.P. 22. The slip by of four (4) years AFTER the termination of the five (5) banking days from notice of shame is the prescriptive period for documenting skiped check case. While, if an individual, at the time the check was given, had the expectation of halting installment of check, will be liable of estafa under the Revised Penal Code. In estafa, the issuance of a post-dated or check without reserves is expected to cheat and to make harm the payee. Misdirection is a component of estafa while the equivalent isn't required in BP Blg. 22. An individual in this way, who gives a check in installment of a commitment can be held at risk simultaneously for infringement of B.P. 22 and estafa under Article 315, standard. 2 (d) of the Revised Penal Code. Remote checks, gave it is possible that they are drawn and given in the Philippines, however payable outside, are inside the inclusion of the law. (De Villa versus CA, 195 SCRA 722). The signatory/ies are the ones at risk under the law whether the bobbed check is given by characteristic or juridical individual on the grounds that the company can't be liable to capture and criminal obligation.