BP 22 vs ESTAFA POINT OF COMPARISON NATURE OF THE CRIME ELEMENTS BP 22 Malum prohibitum Pun s!"#$% A&t N'.

1 (n' (und 'r nsu(( & %nt (unds "t t!% t )% '( t!% ssu"n&%. a. that a person makes or draws and issues any check b. that the check is made or drawn and issued to apply on account or for value c. that the person knows that at the time of issue he does not have sufficient funds or credit with the drawee bank for the payment of such check upon its presentment d. that the check is subsequently dishonored by the drawee bank for insufficiency of funds or credit or would have been dishonored for the same reason had not the drawer, without any valid ESTAFA (Art. 315(2)(d) RPC) Malum in se a. that the offender postdated a check or issued a check in payment of an obligation b. that such postdating or issuing of a check was done when the offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check. PLUS (*%n%r"$ %$%)%nts '( %st"(") c. that the accused defrauded another by means of deceit. d. That the damage or prejudice capable of pecuniary estimation is caused to the offended party or third persons.

reason, ordered the bank to stop payment. Pun s!"#$% A&t N'. 2 (su(( & %nt (unds "t t!% t )% '( t!% ssu"n&% #ut (" $ur% t' )" nt" n su&! (unds) a. that a person has sufficient funds with the drawee bank when he makes or draws and issues a check b. that he fails to keep sufficient funds or to maintain a credit to cover the full amount if presented within a period of 18 days from the date appearing thereon c. that the check is dishonored by the drawee bank

OBLI+ATION

!ssuance of check is for value or on account. it is applicable to pre"e#isting obligations.

!t is the means to obtain the valuable consideration from the payee$ %in payment of an obligation& '()*T !+ ,-T ./)")0!+T!,12 (eceit and damage, or at least intent to cause

E,ISTENCE OF -ECEIT AN- -AMA+E

,-T necessary 'the gravamen of the offense

is the issuance of the unfunded check.

damage are essential 'the false pretenses must be prior to or simultaneous with the damage caused2 There are no funds or there are insufficient funds at the tie of issuance.

NO FUN-S OR INSUFFICIENC. OF FUN-S/ 0HEN

There is no funds or no sufficient funds at the time of the issuance 'punishable act no. 12 or at the time of presentment if made within 18 days 'punishable act no. 32 ,-T liable

LIABILIT. OF EN-ORSER NUMBER OF -A.S +I1EN 0ITHIN 0HICH TO PA. OR MA2E ARRAN+EMENTS FOR PA.MENT

4iable if endorser acted with deceit. (rawer is given 8 days after receiving notice of dishonor6 failure on his part results to a prima facie evidence of deceit.

(rawer is given 5 days after receiving notice of dishonor6 7ailure on his part results to a prima facie evidence of knowledge on his part. The maker or drawer and issuer knows at the time of the issuance that he does not have sufficient fund in or credit with the drawee bank for the payment of the check in full6 Thus, having no knowledge is a defense.

NECESSIT. OF 2NO0LE-+E RE+AR-IN+ THE SUFFICIENC. OF FUN-S AS AN ELEMENT

,ot necessary that the drawer should know at the time that he issued the check that the funds deposited in the bank were not sufficient to cover the amount of the check6 Thus, having no knowledge is ,-T a defense.

E,ISTENCE OF PRESUMPTION OF

Mere issuance of a check ,o presumption of that is dishonored gives knowledge arises

2NO0LE-+E

rise to the presumption of knowledge of insufficiency of funds ,o such circumstance since what is being punished is the %issuance& of worthless check and not the %purpose& for which it was issued.

'knowledge is not a necessary element to be convicted for estafa.2. This is possible when the person conspires with the one who issued the check to deceive a third person, and they actually committed the crime. 9e is punished for his guilty knowledge that his co"accused had no funds in the bank when he negotiated it and obtained value from a third person through deceit. ':agado vs ;< 1=8 +;/< 1>?2

UN-ER 0HAT CIRCUMSTANCE A PERSON 0HO -I- NOT ISSUE CHEC2 IN 3UESTION MA. BE HEL- LIABLE

A CONTINUIN+ OFFENSE4

@)+. Thus, a person violating this law may be prosecuted within the territory where any of the elements have been committed.

@es, thus a person violating this law may be prosecuted within the territory where any of the elements have been committed.