2022 Criminal Law, Q14

On February 25, 2019, Bob approached Edward to borrow Php 100,000.00 purportedly to settle some obligations, promising that he would pay the loan using a postdated check. Convinced by Bob’s promises of repayment with interest, and because of their closeness as former classmates in high school, Edward agreed to lend the said amount. As payment, Bob made, drew, issued in favor of, and delivered to Edward in the latter’s residence at No. 112 Maria Orosa St., Ermita, Manila, CBC Savings Bank Check No. 32710 postdated August 25, 2019 in the amount of Php 105,000.00. When the check was presented for payment on its due date in CBC Savings Bank Quezon City Branch, it was dishonored due to: “Drawn Against Insufficient Funds” (DAIF). On January 22, 2020, Edward sent a demand letter to Bob to pay the face valueof the check, but said demand, although received by Bob, was not heeded. Hence, the check remained unpaid, with no arrangement for its payment. Draft the appropriate Information, complete with caption and title, charging Bob for violation of Batas Pambansa Blg. 22. (5 points)

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Where may a criminal Information for violation of Batas Pambansa Blg. 22 be validly filed and tried?

What creates the statutory prima facie presumption of knowledge of insufficient funds under Section 2 of B.P. 22?

Which court has original jurisdiction over a criminal action for violation of Batas Pambansa Blg. 22?

What essential requirement regarding notice of dishonor is necessary to sustain a conviction under B.P. Blg. 22?

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Why is the venue in Manila proper for an Information charging Bob for issuing a bounced check delivered in Ermita, Manila?

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1. BP 22 Elements
Under Batas Pambansa Blg. 22, the essential elements are: (1) making, drawing, and issuing any check to apply on account or for value; (2) knowledge by the maker or drawer at the time of issue that he does not have sufficient funds in or credit with the drawee bank; and (3) subsequent dishonor of the check by the drawee bank for insufficiency of funds or credit, or dishonor for offset without valid cause. An Information charging violation of B.P. Blg. 22 must explicitly allege all these elements to satisfy constitutional requirements.

2. Notice of Dishonor
To establish prima facie evidence of knowledge of insufficiency of funds under Section 2 of B.P. Blg. 22, the prosecution must prove that the drawer received a written notice of dishonor and failed to pay the face value of the check or make arrangements for its payment within five banking days from receipt. The Information must specifically allege that the accused received notice of dishonor and failed to pay or make arrangements within the statutory five-day period, as this element completes the presumption of knowledge required for conviction.

3. Proper Venue
Violations of Batas Pambansa Blg. 22 are continuing crimes, and venue is jurisdictional in criminal cases. A criminal action for violation of B.P. Blg. 22 may be validly instituted and tried in any court of the municipality or city where any of the essential elements of the crime occurred, such as the place where the check was made, drawn, issued, delivered, or dishonored. Since the check in question was drawn and delivered in Ermita, Manila, the Metropolitan Trial Court of Manila has proper territorial jurisdiction.

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