PRIMARY RESOURCES SECONDARY RESOURCES

BP 22 BP 22 Sec 1. Checks without sufficient funds.

which 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 reason,
ordered the bank to stop payment

Where the check is drawn by a
corporation, company or entity,
the person or persons who actually
signed the check in behalf of such
drawer shall be liable under this
Act

(Bautista vs. Court of Appeals,
G.R. No. 143375, 6 July 2001)
laid down two distinct acts
penalized by the Bouncing Checks
Law

Sec 3. Duty of drawee; rules of
evidence.
(NOT SURE ABOUT THIS)


COMMENT:
The act of issuing a bouncing
check could give rise to separate
offenses punishable under BP 22
and simultaneously under
the Revised Penal Code.

LAW ON OBLIGATIONS AND
CONTRACTS
ON OBLIGATIONS:
Art. 1156. An obligation is a judicial
necessity to give, to do or not to do.



Art. 1159. Obligations arising from
contracts have the force of law between
the contracting parties and should be
complied with in good faith. (1091a)

Art. 1167. If a person obliged to do
something fails to do it, the same shall
be executed at his cost.

Art. 1170. Those who in the
performance of their obligations are
OBLIGATION EX CONTRACTU
neither party may unilaterally evade
his obligation in the contarct, unless:
(1) contract authorizes it and (b)
other party assents.
guilty of fraud, negligence, or delay,
and those who in any manner
contravene the tenor thereof, are liable
for damages. (1101)

Art. 1232. Payment means not only the
delivery of money but also the
performance, in any other manner, of
an obligation. (n)
ON CONTRACTS:
FOR REBUTTAL:
Art. 1335. There is violence when in
order to wrest consent, serious or
irresistible force is employed.
There is intimidation when one of the
contracting parties is compelled by a
reasonable and well-grounded fear of
an imminent and grave evil upon his
person or property, or upon the person
or property of his spouse, descendants
or ascendants, to give his consent.

To determine the degree of
intimidation, the age, sex and condition
of the person shall be borne in mind.


CORPORATION CODE
SERIOUS ILLEGAL DETENTION
FOR REBUTTAL:
The maximum penalty of
reclusion perpetua (virtually life
imprisonment) is meted
automatically when the
kidnapping becomes serious. It
becomes serious illegal detention
if one of these elements are
present:
1. the detention lasted more
than five (5) days;
committed simulating public
authority;

2. if serious physical injuries
were afflicted
3. a threat to kill the victim
4. victim was either a minor,
female, or a public officer
extorting ransom

Read more: What is Serious Illegal
Detention?
http://www.manilaspeak.com/rod-
vera/what-is-serious-illegal-
detention/

COMMENT:
There can be no ground for
serious illegal detention in the
case at bar. There was none,
among the elements, present in
the case.
As for element no.1, there was
really no kidnapping incident
that happened, because it was
the initiative of Mini Bars
employees to sneak in and
remain inside the Pergola, as
stated by ana in her affidavit.

DAMAGES In favor of The Royal Club, Inc. due to
illegal stay of the staff of Mini Bar Inc. This
can be a ground because due to the illegal
stay of Mini Bar, Royal Club cannot utilize
the place, and cannot enter into another
leasing contract. Therefore, the loss of their
income can be acquired from this action.