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22)
It is inevitable that we will encounter a check at least once in our
lifetime. This medium of commerce is still very common despite
the proliferation of credit cards. Sadly, with the increase in its use
there is also the increase in the number of individuals taking
advantage of checks to defraud other people.
For this reason, a provision in a Revised Penal Code was placed to
deal with this issue. This law however has defects and deemed
insufficient to answer certain situations, thus the Bouncing
Checks Law (B.P. 22) was passed into law.
For non-lawyers, these two laws may create confusion because of
its highly technical terminologies. As such, I have decided to write
this simple guide to aid those who seek more information about
estafa and the Bouncing Checks Law (B.P. 22).
How is estafa through the issuance of bouncing checks
committed?
It is committed by means of any of the following false pretenses
or fraudulent acts executed prior to or simultaneously with the
commission of the fraud:
By postdating a check, or issuing a check in payment of an
obligation when the offender had no funds in the bank, or his
funds deposited therein were not sufficient to cover the amount of
the check. (Article 315(2)(d) of the Revised Penal Code as
amended by R.A. 4885)
What are the elements of estafa through the issuance of
bouncing checks?
This form of estafa has the following elements:
Postdating or issuance of a check in payment of an obligation
contracted at the time the check was issued
Insufficiency of funds to cover the check, and
Damage to the payee thereof.
If any of these elements is not present then a person cannot be
held liable for estafa.
Remy went to a boutique to shop for jewelries. Since she
is a relative of the store owner, she was allowed to pay
later. After 30 days, Remy issued a check in payment of
the clothes she bought. The check bounced to the dismay
of the store owner. Can Remy be held liable for estafa?
No. Remy cannot be held liable for estafa because the check was
issued in payment of a pre-existing debt. As mentioned earlier,
estafa through the issuance of a bouncing check can be
committed only if the check was issued in payment of an
obligation contracted at the time the check was issued. Note