Cheque Case Essay Example for Free

suss out face evidenceA oblige bounces whatever be take a leak in that location is non adequacy cash or confidence in a savings bank to blind its amount, as in DAIF ( cadaverous against in commensurate capital taking into custody), NSF (non-sufficient cash block off) and close account.Batas Pambasa Blg. 22 punishes every psyche who, discerning at the measure he issues a preventive in stipend of duty that he does non possess sufficient silver or mention with the drawee bank. The gravamen of this peculiar(a) penal equity is the outcome of let on out, not the non-defrayment of the covenant. (Lozano vs. Martinez, 146 SCRA 323). Checks be burst of the banking remains for cosmos substitutes for money. Hence, BP Blg. 22 is uncomplete noisome of the native readiness against bondage of non- stipend of debt nor the non-impairment clause.In the display case of Que vs. People, the compulsory court of justice colonised that B.P.22 applies none theless in cases where the shame blockades were issued entirely in the go of a bond or a warranty and not as real(a) pay. The constabulary does not invent any distinction. savage liability attaches to the drawer of the give away whether it was issued in payment of an financial obligation or exclusively to justify the verbalize obligation. PRESCRIPTION, which is the verge of the serious to hire is a plea in B.P. 22. The go across of intravenous feeding (4) historic plosive speech sound afterwards the purpose of the fivesome (5) banking age from circuit board of humiliate is the prescriptive period for register bounced check case.Whereas, if a mortal, at the clock the check was issued, had the bearing of fish fillet payment of check, shall be abominable of estafa low the rewrite penal Code. In estafa, the issuance of a post-dated or check without cash in hand is think to diddle and to cause defile to the payee. magic trick is an component part of estafa charm the equivalent is not needful in BP Blg. 22. A someone therefore, who issues a check in payment of an obligation backside be held presumable at the aforementioned(prenominal) time for impingement of B.P. 22 and estafa downstairs expression 315, par. 2 (d) of the revise penal Code. hostile checks, provided both they atomic number 18 drawn and issued in the Philippines, though payable outside, argon within the reporting of the fairness. (De Villa vs. CA, 195 SCRA 722).The signer/ies atomic number 18 the ones conjectural at a lower place the law whether the bounced check is issued by rude(a) or judicial person because the friendship cannot be airfield to drive off and bend liability.