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Elements of BP22 and Estafa

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16 views

Elements of BP22 and Estafa

Uploaded by

slsu.gabrielpacaigue
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ELEMENTS OF BP 22:

The elements of violation of B.P. 22 are:


(1) making, drawing, and issuance of any check to apply on account or for value;
(2) 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) 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.

ELEMENTS OF ESTAFA (Article 315, RPC)


Jurisprudence has consistently held that such estafa consists of the
following elements:
(1) the offender has postdated or issued a check in payment of an obligation
contracted at the time of the postdating or issuance;
(2) at the time of postdating or issuance of said check, the offender has no
funds in the bank or the funds deposited are not sufficient to cover the amount
of the check; and
(3) the payee has been defrauded.

It has been settled in jurisprudence that in the above-defined form of


estafa, it is not the nonpayment of a debt which is made punishable, but the
criminal fraud or deceit in the issuance of a check.[12] Deceit has been defined
as "the false representation of a matter of fact, whether by words or conduct by
false or misleading allegations or by concealment of that which should have been
disclosed which deceives or is intended to deceive another so that he shall act
upon it to his legal injury."[13]

In People v. Reyes,[14] the Court ruled that for estafa under the above
provision to prosper, the issuance of the check must have been the inducement for
the other party to part with his money or property, viz:

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

Read the case found in:


https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/64202

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