BP 22
Opening: Introduction to criminal law
Martinez vs. Lozano (is BP 22 against the constitutional proscription of imprisonment of debt?)
Ans: No!
What BP 22 penalizes? Is it the intent, or the act of issuing bum checks?
What crime is BP 22: Crimes against public order.
Remember that the check will become stale after 180 days – dishonored automatically.
What is on account, or for value? For value – pre-existing obligation. On account – me pre existing
obligation.
Elements of BP 22:
1. The making, drawing, and issuance of any check to apply for account or for value;
2. The knowledge of the maker, drawer, or issuer that at the time of issue he does not have
sufficient funds in or credit with the drawee bank for the payment of the check in full upon its
presentment; and
3. The subsequent dishonor of the check by the drawee bank for insufficiency of funds or credit or
dishonor for the same reason had not the drawer, without any valid cause, ordered the bank to
stop payment.
Presentment for payment
Production of a bill of exchange to the drawee for his acceptance, or to the drawee or acceptor for
payment or the production of the promissory note to the person liable for payment of the same
Within 90 days from the date of making of the check
Presumption of knowledge
90days Greater than 90 180 days
days but less than
180
With funds Yes No No
Without funds Yes Yes No
Kinds of estafa
What is the English translation of estafa? Rip off
Importance of the 5/3 days period? Defense in estafa.
Demand letter is essential in estafa? Why?
Anilao recounted that Baluyot, and one Calasiao went to his store, located inside a public market to
have her checks rediscounted. When B assured A that the checks were hers and were duly funded, he
was persuaded to buy a total of fourteen (14) checks at a rediscounted rate of five percent ( 5%) of the
total aggregate amount. B thereafter affixed her signature on the face of the checks in the presence of
A.
Upon the due dates stated on the checks, A attempted to deposit the checks to his bank accounts.
However, the drawee bank –BDO– refused payment for the reason "Account Closed" and thus returned
the checks to A. A then proceeded to B house to demand from her payment of the equivalent amount of
the said checks, giving her five (5) days within which to complete payment. B failed to do so.
Is B liable for estafa? What about BP 22?
B is liable for estafa. By inducing A to buy his checks, knowing that the checks had had no value, B
committed fraud. Moreover, B, in issuing a worthless check, committed BP 22, for it penalizes the
issuance of worthless check. (Martinez vs. Lozano)
To constitute estafa under this provision, the act of postdating or issuing a check in payment of an
obligation must be the efficient cause of the defraudation; as such, it should be either prior to or
simultaneous with the act of fraud. The offender must be able to obtain money or property from the
offended party because of the issuance of the check, whether postdated or not. It must be shown that
the person to whom the check was delivered would not have parted with his money or property were it
not for the issuance of the check by the other party. Stated otherwise, the check should have been
issued as an inducement for the surrender by the party deceived of his money or property and not in
payment of a pre-existing obligation
