front 1 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 | back 1 There must be criminal intent |
front 2 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 | back 2 Both statements are true |
front 3 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 | back 3 Both statements are true |
front 4 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 | back 4 Both statements are true |
front 5 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. | back 5 Both statements are true |
front 6 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 | back 6 Both statements are true |
front 7 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 | back 7 Statement II is true |
front 8 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. | back 8 Both statements are true |
front 9 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 a. Statement I is true | back 9 Both statements are true |
front 10 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 | back 10 Statement I is true |
front 11 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 | back 11 Both statements are true |
front 12 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 | back 12 The accused is the issuer of the check |
front 13 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. | back 13 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. |
front 14 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
| back 14 90 |
front 15 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 | back 15 5 banking days |
front 16 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 | back 16 None of the choices is an exception |
front 17 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 | back 17 Credit |
front 18 Good faith is a valid defense in: A. Estafa by postdating or issuing a worthless check | back 18 Estafa by postdating or issuing a worthless check |
front 19 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 | back 19 Can be guilty of violating both the Anti-Bouncing Checks Law and Estafa for issuing a worthless check |
front 20 In the violation of the Anti-Bouncing Checks Law, the accused must be: A. The issuer | back 20 Both the issuer and drawer |
front 21 The period given to make good the check in order to be exonerated of
liability: | back 21 3 days 5 banking days |
front 22 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 | back 22 the subsequent payment by the drawer to the holder of the check after it was dishonored by the drawee bank upon presentment |
front 23 A bounced or worthless check is also known as a A.Post-dated check B.Crossed check C.Bum check D.Special check | back 23 Bum check |
front 24 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 | back 24 I, II and III |
front 25 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 | back 25 Yes, because what is punished is the act of issuing a worthless check |
front 26 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 | back 26 Credit |
front 27 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 | back 27 the corporate officers signing the check |
front 28 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 | back 28 A and D. The punishment shall be either imprisonment of not less than 30 days but not more than 1 year, or fine of not less than but not more than double the amount of the check. |
front 29 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 | back 29 prima facie evidence of knowledge of such insufficiency of funds or credit |
front 30 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 | back 30 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 |