BOUNCING CHECK Flashcards

Which of the following is not an element of the violation of BP 22 for issuance of a worthless check or no sufficient fund check?

a. There must be knowledge of the maker, drawer or issuer

b. There must be criminal intent

c. There must be subsequent dishonor

d. There must be making, drawing, issuance of a check to apply on account or for value

Which statement/s is true?

Statement I: What BP 22 punishes is the issuance of a bouncing check not the purpose for which the check is issued

Statement II: What BP 22 punishes is the issuance of a bouncing check not the non-payment of the obligation or terms and condition of its issuance

a. Statement I is true

b. Statement II is true

c. Both statements are true

Statement I: Each act of drawing and issuing a bounce check constitutes a violation of BP 22 .

Statement II: The rule is that, the rule that there is only one offense when the offender is moved by one criminal intent cannot apply to BP 22 because criminal intent is immaterial.

a. Statement I is true

b. Statement II is true

c. Both statements are true

Statement I: BP 22 does not make a distinction as to whether the bad check is issued in payment of an obligation or merely to guarantee

Statement II: The essence of BP 22 is the issuance of a check not the non-payment of an obligation

a. Statement I is true

b. Statement II is true

c. Both statements are true

The maker’s knowledge of the insufficiency of funds is presumed from the dishonor of his checks for insufficiency of funds except :

Statement I: When the check is presented after 90 days from the date of the check.

Statement II: When the maker or drawer pays the holder, the amount due thereon or makes arrangements for payments in full, by the drawer of such check within 5 banking days after receiving notice that the check has not been paid by the drawee.

a. Statement I is true
b. Statement II is true
c. Both statements are true

Statement I: If notice of non-payment by the drawee bank is not sent to the maker or drawer then the presumption or prima facie evidence of knowledge cannot arise

Statement II: The presumption of knowledge of insufficiency of funds or credit does not lie when the check is presented after 90 days .

a. Statement I is true
b. Statement II is true
c. Both statements are true

Statement I: It shall not be the duty of the drawee of any check when refusing to pay the same upon presentment to cost to be written, printed, or stamped in plain language or attached thereto the reason for the drawee’s dishonor or refusal to pay the same

Statement II: When there are no sufficient funds or credit, the facts shall always be explicitly stated in the notice of dishonor or refusal

a. Statement I is true
b. Statement II is true
c. Both statements are true

Statement I: Under BP 22, the prosecution must prove not only that the accused issued a check that was subsequently dishonored but it must also established that the accused was actually notified that the check was dishonored in that he or she failed within 5 banking days from receipt of the notice to pay the holder of the check the amount due thereon or to make arrangement for its payment.

Statement II: The notice of dishonor of a check must be in writing maybe sent to the drawer or maker by the drawee bank by the holder of the check or the offended party either of personal, delivery or by registered mail.

a. Statement I is true
b. Statement II is true
c. Both statements are true

Statement I: When there are no sufficient funds in or credit with the drawee bank such fact shall always be explicitly stated in the notice of dishonor or refusal. A mere oral notice or demand to pay could appear to be insufficient for conviction under the law
Statement II: The full payment of the amount in the check within 5 banking days from notice of dishonor is a complete defense

a. Statement I is true
b. Statement II is true
c. Both statements are true

Statement I: Under BP 22, only a full payment at the time or presentment or during the 5-Day period could could exonerate one from criminal liability and that subesequent payments can only affect civil but not the criminal liability

Statement II: Furtherment to pay the amount within 5 banking days from notice of dishonor is a partial defense

a. Statement I is true
b. Statement II is true
c. Both statements are true

Statement I: BP 22 punishes the issuance of a bouncing check and not for the purpose for which it was issued or the terms and condition relating to its issuance.

Statement II: The issue of lack of valuable consideration for the issuance of chec ks which are later dishonored for insufficient funds are immaterial to the success of a prosecution under BP 22.

a. Statement I is true
b. Statement II is true
c. Both statements are true

Which of the following is an incorrect element in order to be found guilty of violating BP Blg. 22?

A. The accused is the issuer of the check
B. The accused had knowledge of the insufficiency of funds
C. The check was dishonored for insufficiency of funds
D. None of the choices is incorrect

Lorenzo de Medici issued a check to Cesare Borgia drawn against Florence Bank. When the date on the check arrived, Cesare presented the check for payment. To his surprise, Florence Bank dishonored the check since a Stop Payment Order was issued therefor at the request of Lorenzo. In this case,

A. Lorenzo may not be prosecuted for violating BP Blg. 22 because he is not the drawer thereof.

B. Lorenzo may be prosecuted for violating BP Blg. 22 if the check would have been dishonored for insufficiency of funds if there was no Stop Payment Order.

C. Lorenzo may not be prosecuted for violating BP Blg. 22 even if there were insufficiency of funds since there was a Stop Payment Order.

D. Lorenzo may be prosecuted for violating BP Blg. 22 whether the check would have been dishonored by insufficiency of funds or not since the check was already dishonored because of the Stop Payment Order.

Knowledge of insufficiency of funds in BP Blg 22 would be presumed if the check was presented within __ days from the date of the check
A. 30
B. 60
C. 90
D. 120

The drawer and issuer of the worthless check will not be liable under BP Blg. 22 if he pays the holder or makes arrangements for the payment in full by the drawee of the amount of the check within ___________ after receiving notice that such check has not been paid by the drawee:

A. 3 calendar days
B. 3 banking days
C. 5 calendar days
D. 5 banking days

The stamp of the drawee written on the dishonored check, with the reason therefor, shall be prima facie evidence of the following, except:

A. Making or issuance of the check
B. Due presentment to the drawee for payment
C. The dishonor of the check
D. None of the choices is an exception

This shall be construed to mean an arrangement or understanding with the bank for the payment of the subject check under BP Blg 22:

A. Arrangement
B. Contract
C. Credit
D. Loan

Good faith is a valid defense in:

A. Estafa by postdating or issuing a worthless check
B. BP Blg 22
C. Both Estafa and BP Blg 22
D. Neither Estafa nor BP Blg 22

Neal Caffrey issued a check to Peter Burke which induced the latter to deliver goods in exchange for the check. Peter presented the check 30 days from the date of the check and the same was dishonored due to insufficiency of funds. Assuming the notice requirement has already been complied with, Neal

A. Can be guilty of violating the Anti-Bouncing Checks Law
B. Can be guilty of Estafa for issuing a worthless check
C. Can be guilty of violating both the Anti-Bouncing Checks Law and Estafa for issuing a worthless check
D. Did not commit any crime

In the violation of the Anti-Bouncing Checks Law, the accused must be:

A. The issuer
B. The drawer
C. Both the issuer and drawer
D. Either the issuer or the drawer

The period given to make good the check in order to be exonerated of liability:
Estafa BP Blg. 22
A 3 days 3 banking days
B 5 days 3 banking days
C 3 days 5 banking days
D 5 days 5 banking days

Which of the following is not one of the elements of violation of BP Blg. 22?

A. the making, drawing, and issuance of any check to apply for account or for value

B. 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

C. 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

D. the subsequent payment by the drawer to the holder of the check after it was dishonored by the drawee bank upon presentment

A bounced or worthless check is also known as a A.Post-dated check

B.Crossed check

C.Bum check

D.Special check

Which of the are checks without sufficient fund, as contemplated by BP Blg. 22.

I. A check dishonored by the bank upon presentment, due to insufficiency of funds, and the issuer has knowledge of insufficiency at the time of issue

II.A check which would have been dishonored for insufficiency, were it not for the drawer’s unjustifiable order to his bank to stop the payment of the check

III. A check dishonored for insufficiency when presented for payment within 90 days from issue, even if there was sufficient fund at the time of issue

A. I and II only

B. I and III only

C. II and III only

D. I, II and III

A issued check in favor of B. A knew at the time of issue that the check has no sufficient fund in the drawee bank. Upon presentment by B, the bank dishonored the check for insufficiency. B filed charges against A for violation of BP Blg. 22. A, however, subsequently issued another check to B in payment of the amount covered by the original check. Can A still be charged with violation of BP Blg. 22?

A. No, because the subsequent check cleared the offense

B. No, because there is no more unpaid debt

C. No, because no person shall be imprisoned for debt

D. Yes, because what is punished is the act of issuing a worthless check

As used in BP Blg. 22, it shall mean an arrangement or understanding with the bank for the payment of check.

A. Debit

B. Credit

C. Deposit

D. Withdrawal

When a worthless check is issued by a corporate entity, who shall be liable?

A. the shareholders

B. the corporate officers signing the check

C. the Board of Directors

D. no one

Persons guilty of issuing checks without sufficient funds face which two of the following sanctions?

A. Imprisonment of not less than 30 days but not more than 1 year

B. Imprisonment of not less than 60 days but not more than 2 years

C. Fine equal to the amount of the check

D. Fine of not less than but not more than double the amount of the check

The making, drawing and issuance of a check payment of which is refused by the drawee because of insufficient funds in or credit with such bank, when presented within ninety (90) days from the date of the check, shall be

A. prima facie evidence of knowledge of such insufficiency of funds or credit

B. conclusive evidence of knowledge of such insufficiency of funds or credit

C. indisputable evidence of knowledge of such insufficiency of funds or credit

D. proof beyond reasonable doubt of knowledge of such insufficiency of funds or credit

When a check presented has bounced, it is the drawee bank’s duty to

A. initiate the filing of charges against the drawer for violation of BP Blg. 22

B. advise the payee of the check to file charges against the drawer for violation of BP Blg. 22

C. Cause to be written, printed, or stamped on the check, in plain language, or attached thereto, the reason for its dishonor or refusal to pay

D. All of the above