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Monday, July 6, 2009

Bouncing Checks Law (B.P. 22)

You destroy those who tell lies; 
bloodthirsty and deceitful men the LORD abhors.”


“No one who practices deceit will dwell in my house; 
no one who speaks falsely will stand in my presence.”







        A check bounces either because there is not enough money or credit in a bank to cover its amount, as in DAIF (drawn against insufficient funds check), NSF (non-sufficient funds check) and closed account.

         Batas Pambasa Blg. 22 punishes any person who, KNOWING at the time he issues a check in payment of obligation that he does not have sufficient funds or credit with the drawee bank. The gravamen of this special penal law is the issuance of check, not the non-payment of the obligation. (Lozano vs. Martinez, 146 SCRA 323). Checks form part of the banking system for being substitutes for money. Hence, BP Blg. 22 is neither violative of the constitutional provision against imprisonment of non-payment of debt nor the non-impairment clause.
 
        In the case of Que vs. People, the Supreme Court settled that B.P.22 applies even in cases where the dishonored checks were issued merely in the form of a DEPOSIT or a GUARANTY and not as actual payment. The law does not make any distinction. Criminal liability attaches to the drawer of the check whether it was issued in payment of an obligation or merely to guarantee the said obligation.  PRESCRIPTION, which is the termination of the right to prosecute is a defense in B.P. 22. The lapse of four (4) years AFTER the expiration of the five (5) banking days from notice of dishonor is the prescriptive period for filing bounced check case.
 
            Whereas, if a person, at the time the check was issued, had the intention of stopping payment of check, shall be guilty of estafa under the Revised Penal Code. In estafa, the issuance of a post-dated or check without funds is intended to defraud and to cause damage to the payee.
 
            Deceit is an element of estafa while the same is not required in BP Blg. 22.  A person therefore, who issues a check in payment of an obligation can be held liable at the same time for violation of B.P. 22 and estafa under Article 315, par. 2 (d) of the Revised Penal Code.  Foreign checks, provided either they are drawn and issued in the Philippines, though payable outside, are within the coverage of the law. (De Villa vs. CA, 195 SCRA 722).
 
            The signatory/ies are the ones liable under the law whether the bounced check is issued by natural or juridical person because the corporation cannot be subject to arrest and criminal liability.

113 comments:

  1. Hi Lory,
    May I clarify an issue with prescription? I received four checks that were dishonored by the bank and stamped "ACCOUNT CLOSED" on June 25, 2008. One of the checks stamped with "ACCOUNT CLOSED" is dated December 24, 2009. Will the prescriptive period for filing BP.22 case start counting on June 25, 2008 or December 24, 2009? Thank you po.
    Brian

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  2. It is the RECEIPT of Notice of Dishonor which must be in WRITING that warrants the filing of B.P. 22. Prescription shall run AFTER the expiration of the five (5) banking days from Notice of Dishonor irregardless of the date of the check. Hence, if you received the Notice of dishonor along with the four checks on June 25, 2008, the prescriptive period shall commence on June 31, 2008 if the said 5 banking days will not fall on a Saturday or Sunday.

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  3. very Informative site. In situations where the issuer of the bounced checks absconded to another country,
    (a) can I still file a case of BP.22 or "Estafa"?
    (b) If the answer in (a) is yes for "estafa", will this also cover the prescription period of four years?

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  4. (a) Yes. every criminal case can still be filed even if the accused goes abroad. If the accused is arraigned in court and was preliminary released but failed to appear for trial despite valid notice, the trial shall be conducted in his absence known as "trial in absentia" and the judge shall render a decision in absentia.
    (b.) The filing of the case against the absconding accused interrupts the period of prescription and shall begin to run again if the charges is dismissed for reasons not constituting jeopardy.

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  5. hi,

    I just want to know if the checks were deposited beyond the 90-day period from its date, the issuer of the rubber checks still liable for violation of BP22?

    Thanks.

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  6. NO longer liable, as held in the case of PP vs. Lagui case, the presumption of drawer's insufficient of funds lies only when the check is presented WITHIN 90 days from the date of the check.

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  7. hi, i have made a personal loan from a bank payable in 3 years with post dated checks. unfortunately after more than a year of paying it, i experienced financial problems and was not able to pay my obligation.now after almost a year i received a letter from a law firm demanding me to pay a certain amount which is more than double of the amount of the eleven checks (to be exact)on or before 2 p.m. of the third day from the receipt of the demand letter or else they will file a criminal case against me and that i can be put in jail for i year for every bounce check, and that they will seek to get my properties or wages to ensure satisfaction of my obligation with their client. I called the nos.in the letter to inquire about it and to know what else can i do to pay my obligation but to my dismay the "lawyer" started to say degrading words which really made me shake and cry, and tried to tell him not to say those things to me, but instead he continued to say mean words and then told me to make a promisory note to be faxed to him within 15minutes and dictated to me what to indicate in the letter, and even given me 2 dates to settle my account in two equal payments, one on the third day and the other after 10 days.i am trying to contact the bank but i cant contact them. what else can i do? i do have a job but really cannot afford yet to pay the amount the "lawyer" is asking me to pay. please help! do lawyers really treat people this way?
    thank you and God bless!

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  8. hi we issued post-dated checks to a supplier for the goods which they supplied..at first our checks we were able to fund the checks..but due to financial difficulties and un business nmin nalugi..we opted to settle our debts by offering a car to pay our dues. she agreed and we prepared a written agreement that all debts incleding the issued checks will be cleared by the said car.. we both signed the agreement.they promised to return the checks..but after a few days she still deposited said checks in the bank..unfortunately we were not able to fund it because we are aware that she will not deposit it anymore because she signed the agreement that we are already paid. then she is threatening us now that she will file a bouncing check case against us.. what will we do!? will she still be able to file eventhough we already signed an agreement! hope to hear from you soon! thank you

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  9. was the contract executed meaning were you able to deliver the car to her?

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  10. RE: 08/21/09 reply

    No disrespect Ms. Law, but I think the drawer may still be held liable (for the crime). As I recall, the deposit of the check beyond the 90-day period only removes the presumption of knowledge of insufficiency of funds. In other words, the complainant will not enjoy the legal presumption established by Section 2 of B.P. 22, but he can still prove that fact by other evidence.

    In People vs. Laggui, the accused was acquitted from the charge of violation of B.P. 22 because he was erroneously acquitted by the lower court. In other words, double jeopardy set in which bars a review of the judgment of acquittal, however erroneous it may be.

    Please don't hate me.

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  11. the drawer may still be liable for other crime like estafa.. but no longer liable for B.P 22 if a check is deposited beyond the 90-day period.

    i appreciate you anonymous and i hope you reveal your identity..i can sense that you are a good attorney :)

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  12. hi ms. law,
    a former friend of mine texted me that she will sue me with bp22-estafa bec of the checks i allegedly issued to her. When i was in financial trouble she helped me in lots of ways. she said that i can pay her when able. i am still in a financial difficulty and now here she comes threatening me that she filed a case against me. she said that she just deposited the checks so it will bounce and then she filed the said case. i am willing to settle things with her but said the case is already filed and she doesnt want to see me anymore. she said that i only need to raise funds for the bail because anytime a warrant of arrest will be issued to me. i read that unless i fail to appear when required by court then thats the only time that a warrant will be issued against me. is this true?

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  13. YES. B.P. 22 case is governed by the Rules on Summary Procedure. According to section 16 of said rules, the court shall not order the arrest of the accused except for failure to appear whenever required.

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  14. ms. law
    a friend of mine rediscounted check from his client to me and the problem is it bounced, what should i do? what case should i file? to whom? thanks in advance

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  15. sino may obligation sayo? yong friend or client...kung si friend, you can neither file a case of B.P. 22 against his client nor your friend ....estafa pwede mong i-file ke friend.

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  16. ms. law,
    merong buyer sakin nag-issue ng checks pinatigil niya kasi closed na daw yung account niya. I didn't check anymore but I think the account was already closed even before she issued the checks because the following day, she texted me and asked not to deposit the check yet. She issued me new checks from another bank pero I didn't notice na mali yung year na nilagay niya, so the bank didn't encash it. I met up with her again and asked her to replace the checks she issued. Again, pumayag po ako na late na date kasi wala daw siyang pera pa. She bought the goods from me last year, and yung check dates na pinalagay ko ay post dated pa. Pagdeposit ko ng mga checks, nagbounce pa din po siya. I really appreciate your response since this person has caused me so much grief. Feeling ko sobra niya ako iniisahan. Thank you!

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  17. then you may now file a case of B.P. 22 against your friend...you'll be needing a lawyer to assist you..

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  18. ms law,

    we had a client whose checks had no funds. we made three demand letters subsequently. however, our atty did not specify the individual checks in the demand letter. he just stated that we are demanding a certain amount to cover for the checks that bounced..

    can this be a technicality to dismiss our bp 22 case against check drawer? can we send anew demand letters 7 months after the first set of demand letters our atty sent na walang itemized check listing?

    thank you so much for your very informative site.. more power and hope to see more attys like you..

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  19. Hi! Ms.Law,
    I'm margie I issued 2 checks last July 23,2004 an amount of 20,000 each, serves as my collateral only an interest of 2k each every month if I cannot pay the principal amt. and bec. of financial problems nalugi ako.
    Last December 2008 they filed a case B.P.22 against me and the lower court issued warrant of arrest as a criminal case.
    That time I felt so helpless,tama ba ang lower court na bigyan ako ng warrant even after 4 years I issued the said checks?

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  20. Hi Ms. Law,

    I really need to ask you this, and im hoping that you'll be able to help me. I have a loan from a bank, i got it last year for like 45 thousand pesos i think. i have to pay it for 18 mos. i signed 18 checks and they also opened a bank acct for that loan. now, its been 4 mos that i wasnt able to pay it and they are now telling me that they will file case BP22. i wasnt able to pay it on the due date since i cant, i dont have the means to pay it. i am now out of the country, still working but still struggling financially. what will happen? will they still be able to file the case against me though i am here abroad? will i get a record in the NBI? i still have plans to pay it though, its just that i need time. thank you.

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  21. yes they can still file...settle the amount or pakiusapan mo sila..

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  22. Hi Ms Law,

    i hope i caught you in right mood. i have problem with my friend who borrowed money from me. as form security of payment he issued pdc, however, when the first check is about to mature he called me and asked not to deposit the check. since i was already in doubt, i inquired with bank and found out that it was already a closed account. he doesn't know that it was already known to me about the status of his bank account. im planning to sue him for me to get paid. currently the checks are still me and i never deposited it. what is the proper way for me to get paid. i am not pushing the case if would just be paid. it was a hard earned money and i never wante to lose it. thanks in advance for taking your time to look into my case... jubert

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  23. good eve...

    ms. law, sa opinion nyo po, mababa nga ba talaga ang penalty meron ang bp 22??

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  24. Good day. I am seeking advice with my present predicament. franchised a foodcart amounting to 58K but since the franchiser didn't able to comply with the agreement written in the contract. I hv asked him to give back my money bec I cn't use the cart. So he bought back the cart with a only 30K pdc of 60 days.He got the cart and issued me the check of 30K when the check payment reached the issued date, I was informed by the Bank that it was stopped but funded.Now I don't know what to do because I was defraud, cheated by this man. Pl's advice. thanks.

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  25. good day ms. law,

    I hope you can help me on this matter.

    My wife loaned in one lending company amounting to 70k but she got 50k only before she went to Qatar. We failed to pay since her salary is always delayed up to the point that she havent received her salary for 2 months. So once she received her salary, its just enough to pay her debt to other co-employees he she owe for her to survive. Now, the lending company ask me to sign a restructed payment in behalf of my wife and since im the only one who earns on time...i wasnt able to pay also. I have already entered two restructured payment agreement
    (with me paying the check booklet fees), but failed to fund the cheques....
    Even if i asked them that i will be paying but yet they keep on telling no. So i have no option but to let the cheque bounce coz i have nothing to fund it.
    I believe for them, its better to have the check bounce as it will give them opportunity to present another restructured payment with a higher interest again.

    Now, they filed a case and threatened me that my wife will be deported bcoz of this. There are not willing to hear my request. What should i do? I hope you can give me an advice.....

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  26. hi bert, the best you can is to settle your obligation....maybe by installment if they would agree..

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  27. hi ms. Law,

    My sister received payments in checks 5 years ago amounting to 2M all in all(100k per check x 20 checks). My question is after 5 years, can she still file BP22 and estafa case against her friend? Next question is, can she issue special power of attorney to someone whom she can authorize to file the criminal case against her friend because she is out of the country.(my sister being the payee)
    Thank you very much ms.law

    Andy

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  28. Can a guarantor of a loan file a BP 22 case against a borrower? Isn't it the financing Company who granted the loan and to whom the PDC was issued by the borrower who should file the BP 22 in case of dishonor?

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  29. Logically,a guarantor cannot file the BP22 case against the borrower. The Financing Company or the creditor is the proper party to the lawsuit.

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  30. Is there a violation of the bp 22 when you did not issue any check

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  31. of course there shal be no violation...

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  32. thank you for the immediate reply ms law, i availed of a loan in a financing company and have not been able to update payments for 4 months, the collection agency is threatening to get police and barangay assistance , and is also threatening to visit place of work and home,confiscation of assets and with pagbabanta of humiliation ,they said its violation of bp 22 and ra 9510 .

    Can they sue me, criminl or civil . ?

    Do they have the right to do all that they texted me? They sent it via chikka text

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  33. If you have not issued a check, the financing company can only file a civil action against you such as collection of sum of money.

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  34. Good day ms. law...I'm margie,This is my follow up questions..I try to settle the amount which I owed amounting to 42K, we have an agreement in a court that I will pay 2K/mo.and I already paid 1 check amounting to 22K. Im asking them the copy of dismissal of that check, but incident happened last week the judge died...What will I do? Should I continue to pay? Pano madi dismiss ang kaso kapag bayad na ako, I need your comment please, thank you very much and God Bless

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  35. @margie...yes you have to pay in full so that the complainant will execute the affidavit of desistance in order that the next judge may dismiss the case.

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  36. Good Sunday Ms. Law, It's me again margie...Thank you very much for having time answering my questions, I really appreciate it.Sana lhat ng lawyer like you na mabait.Unlike my lawyer na taga PAO nagalit pa sakin, she said you have to pay that amount, even she did'nt know the story bkit ako nagkautang... May nakausap akong private lawyer na my commision dw kapag nagbyad ang accused Is it true? On the first place alam ko naman stale check na yon kasi almost 6 mos. na hawak nya check ko kahit close na, basta I paid 2K each check a mo.hangang magsara tindahan ko,nagta2ka lang ako bakit sya nakapagfile ng B.P.22 against me, wla din akong nata2nggap na demand letter,or galing ng court kasi lagi akong wala sa haus coz I work until My friend who work in court texted me na they issued warrant of arrest against me..Can I ask your opinion about these? Even It's over, feeling ko kasi laging ang nagpautang ang kinakatigan ng court.. Thanks again ...margie

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  37. hi ms. law, ask ko lang if i was forced to sign the check.. the payee knows that account closed na but still forced me. then deposito niya kaya ngayon kinasuhan niya ko. ano gagawin ko? thanks

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  38. hi Ms. Law, nanghiram kasi ako ng pera sa nagpapa 5-6. Amounting 10 100k. nagissue po ako ng 5 checks pero sa hindi inaasahang pangyayari na-close ang bank account ko kasi nalugi ang business. Nagsabi ako dun sa hiniraman ko ng pera na huwag na nya ipasasok muna sa bank ang cheke. Hanggang dumating ang time na di ko talaga nagawan ng paraan na mabayaran siya. Pero i promise na huhulugan ko monhtly ung hiniram ko na pera. Pumayag naman ung hiniram ko pero ngaun tinatakot na nya ako na idedemenda nya ako. Puede pa po ba nya gamiting evidence ang cheke ko kahit di nakapasok sa bangko at walang tatak na closed account?
    Ano ang puedeng ikaso sa akin? nakagpag-bigay na din ako ng around 35K sa kanya. Thanks!

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  39. there are questions or queries above which were not answered by ms. law..... answers to these queries will be very much appreciated which the situation therein were mostly happening currently to individuals.

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  40. "Anonymous said...

    there are questions or queries above which were not answered by ms. law..... answers to these queries will be very much appreciated which the situation therein were mostly happening currently to individuals."

    Anoymous, you may want to answer those queries. I'm super busy right now drafting contracts. I presume you're a great lawyer :)

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  41. MS.LAW,

    Kindly refer to me a good lawyer, a lawyer na may malasakit, sobra stress na ako if how can file a case against sa nag-issue sa kin ng talbog na tseke amounting to P500,000.00. I already sent her a demand letter but to no avail the family refused to sign any registered mail.
    How much is the atty. fees can i make pakiusap to him not to charge mahal na fees? For every hearing ba may fees ang mga lawyers? If yes what is the amount ? Pls enlighten me ... This was our hard earned money,sobra kami naisahan dito, gusto ko mabigyan ng justice naexperienced ko. Help me pls.

    Anonymous Mother

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  42. Hello Ms. Law. Kumusta? Hope you're doing well. I have a BP22 case and a warrant of arrest had been filed against me since I wasn't able to attend as required. Would it be possible for a lawyer or a representative to pay for my bail since I'm out of the country? If my case get dismissed, will my warrant be lifted? Please let me know. Thank you.

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  43. HI Ms. Law.
    A BP 22 case has been filed against me and a warrant of arrest has already been issued by the court... as said by the financing company... Is it possible that they pose my picture on any newspaper announcing my warrant of arrest?... Please enlighten me on this matter...

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  44. Hi Ms. Law,
    It is very much appreciated if I get a little time from you reading and answered my letter. My obligations is 2 checks and I paid the 1St checks.Can I demand for an affidavit of desistance for the checks I paid.Hindi nman dumadating ang ngdemanda everytime na ngbabayad ako. So I left it na lng sa employee ng court ang payment. thanks for being such a nice person.

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  45. this will help http://failuretopaycreditcard.blogspot.com/2010/05/credit-card-companys.html

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  46. Hi Atty..ask ko lang po ulit : Would it be possible for a lawyer or a representative to pay for my bail since I'm out of the country? A BP 22 case has been filed against me and a warrant of arrest has already been issued by the court - ang utang ko po is 4,000'pesos /2 last checks ko po sa financing agency na pinagkautangan ko po ...Maraming Salamat po. willing po ako na magbayad....

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  47. No. Hindi pwede. The right to bail, only accrues when a person is arrested or is under legal custody. Kelangan mo muna sumuko bago ka makapag-post ng bail kasi may warrant of arrest ka na, actually you are now considered as a fugitive from justice.

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  48. Hi Ms. Law.. I want to ask about this. I want to know what to do becoz a company has filed a demand letter against me about a large amount of cheques that was encashed to them. These checks are in my name and was not personally encashed by me but by another person who said represented me. I know that person but there was no instruction of encashing those cheques to anyone but to be deposited to the bank.

    Please help. I want to end this soon. thanks!

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  49. you have to reply to the demand letter to explain and defend yourself.

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  50. Hi ms. Law, I have a check here dated June 25, 2010, kelan ito magiging stale sa Dec. 25, 2010 ba stale na ito?

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  51. By current banking practice, a check becomes stale after MORE THAN six (6)months ...so sa Dec.26 stale check na yan..

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  52. Hi Miss Law.. Your site is very beneficial to us who have legal concerns. Thanks for sharing your expertise.. I also want to share my legal problem, just like most the people here I availed of personal loans (with checks) to different banks and for the past couple of months i have not been able to pay for my monthly amorts due to lack of finances. I have no desire to escape my obligations but Im just really broke these past months. Now, the banks or perhaps the collectors have been threatening me, even went to our office (fortunately i wasnt there) to i guess scare me off. The letters i have been receiving state that i already have a warrant of arrest and will have a Sherrif and SPO1 (both with names) to pick me up. Is this possible?.. Now that my checking account is closed how do i go about settling my accounts? I want to face my obligations slowly but im really scared with their threats.. scared to be humiliated and it's slowly stealing my sanity. I hope you could help me with my questions. Thanks in advance Miss Law. God bless.

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  53. You can send someone to the Records Section (open to public) of the Hall of Justice of the place where you issued the check or the place of the banks to check to ask if there is really a case filed or a warrant of arrest issued against you

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  54. hi..i have four pdc issued to me amounting to 470,000 all in all. the first check is due this july 22, 2010 amounting to 100k.if the first check will bounce and i will file bp 22 against the issuer..how long will it take for the case to be resolved in the court? im asking this because im also concern with the other pdc due on aug 22,2010(100k) sept 22, 2010(100K) and nov 22,2010 (170K) by the same issuer but i want to file a case against her right away in case the first check will bounce. what will happen to the other pdc? any advice? please enlighten me on what best to be done...thank you.

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  55. Hi Ms. Law, share ko lang po yung nangyari sa amin ng wife ko. We avail a loan from a Foundation and issued checks as collateral, we were able to pay our monthly amortization but tulad ng iba dahil sa humina ang negosyo hindi namin nabayaran yun ibang obligations namin. Tinawagan naman ang foundation to inform them na close na un account namin at nakiusap kami na bayaran n lang namin yun pag medyo nakaluwag at nakabawi ang negosyo namin. Isang araw pumunta dito s shop ko yung collector kasama ang manager nya at kinausap kami na bayaran yun kalahati ng utang namin at kung hindi ay babatakin nila yun mga computers dito sa aming shop, pinapirma nila ako at binigyan ng takdang araw para mabayaran ko yun kalahati ng utang namin pero sabi ko di ko kakayanin dahil masyadong maigsi yun panahon pero insist nila na kung hindi daw ay kukunin nila ang mga computers namin, pinirmahan ko po yun papel pero sabi ko sa kanila na hindi ko kayang bayaran yun ganong halaga. dumating po ang takdang araw na binigay nila (may 27, 2010) ang nabayaran ko po ay kalahati lamang ng halaga na pinag usapan namin at nakiusap ang wife ko na bigyan pa kami ng konting palugit. tinanggap po nila yun kabayaran namin, laking gulat po namin ng makatanggap kami ng subpoena na kasong BP 22.. kinausap po namin ang manager at sinabing bayaran na lamang namin ang lahat ng utang namin at huwag na kaming umatend ng hearing, pero sabi po ng wife ko na siyang pumunta at kumausap sa manager at di po namin kaya na bayaran yun at humihingi kami ng palugit na 2 months..ano po ba ang dapat namin gawin??? maraming salamat po..

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  56. Good Morning Miss Law,
    Meron po akong kinuhang house & Lot sa isang subd sa bulacan noong yr 2000. I paid for the equity and other costs for the acquisition and occupancy and the rest of the cost will be paid through GSIS over the counter. But during that yr I have a financial difficulty so hindi pa ako makasimula mag amortize sa GSIS so ibenenta ko sa pinsan ko na nasa Saudi only verbal agreement. We agreed that he will pay me P200T for the equity and my other costs then he will continue to pay the amortization. Nagpapadala cya monthly hanggang matapos ang 200T ng two years. So, yong sumunod nyang padala, doon palang ako nagstart maghulog sa GSIS as our amortization. After 3 months nyang padala huminto na sya. Tumawag sya sa akin at hindi na daw nya itutuloy ang pagbili. AT ngayon (after 8 years) tumatawag sya sa akin at gusto nyang ibalik ko raw ang perang naipadala nya sa akin. Paano gawin ko ms law, itinuloy ko yong GSIS na hulog ko at nagbayad ako ng malaking penalty and interest. May karapatan pa ba siya na kunin ang naibayad nya sa akin?

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  57. Hi Ms Law,

    I have now a pending warrant of arrest due to violation of BP 22. I was able to submit a motion to quash the information on the ground of lack of Merit since there was no notice of Dishonor being served.. However, the Court denied my motion. The bail was set to P10,000. I did not hire a lawyer coz I dont have money and the judge would seem not comfortable recommending me to have the PAO Services. My question is, are they going to arrest me by the time I will appear during hearing my motion to reduce bail, since I have pending warrant of arrest?

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  58. Dear ms law, 2nd post ko na po ito ng question wala pa kc sagot post ko uli. Question: Nagkaroon kami ng verbal agreement ng cousin ko year 2000 na ibenta ko sa kanya ang house & lot ko sa subdivision. Magbigay sya sa akin ng cash na P200t then the rest ay continue nya ang hulog ko sa GSIS. Ang ginawa na hinulugan niya ng installment for 2 years ang 200t ko then after 2 years naghulog na cya para sa GSIS thru remittance sa name ko, ako ang recepient ng remittance. After 3 the hulog he said hindi na nya ituloy ang pagbili ng property at babawiin nya ang binayad nya sa akin an. Umabot ng P247T ang total na padala nya. Binayaran ko ang GSIS na arrears kasama penalty dahil sa nangyari hindi kasi pwede na hindi bayaran kasi naka colateral ang aking GSIS pension plan.Pwede po ba nya ako icompel na bayaran lahat? thank you at sana po mareply nyo at once kasi parating na cousin ko nasa ibang bansa kasi cya. worried ako kasi wala naman ako pambayad.

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  59. Hi Ms. Law. Early this year I have made a personal loan for a need with a friend. We have agreed that the payment be made on 4 installment basis and showing good fate I have issued 4 checks. In the course of that time I was coordinating with my friend if I am unable to fund which by his response I presume ok. Most recently after some disagreement he desposited all four checks and I has informed by the bank. Unfortunately I was only able to fund 3 checks and one must be returned. I have called my friend to inquire why he didnt advise me that he will put all 4 checks in Fully recognizing my responsibility I have asked him to advise me of any liability on his inoccured for the return check and will issue a new check with the last balance and liability incurred on his part for the return checked to be paid on the end of this month. He responded favorably. Unfortunately, for whatever reason the check was redeposited and due to insufficient funds my account was closed. My question will be am I going to be held liable by law for the return checked even if I had made coordination for payment?

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  60. hi!
    I just would like to ask about a situation. we had issued a check that was funded but since the person we were to pay didn't comply to our earlier agreement, we had decided to call the bank and had the check to stop payment. is it still covered by bp 22 knowing that the check was funded and was just flagged at the bank for stop payment? no transaction has occurred yet since we decided to back out due to failure in compliance to our agreement. the check was supposed to be the down payment and the transaction would proceed only if we were able to give a down payment.

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  61. Since the check is funded at the time you issued a stop payment order to the bank, you are not liable for bp 22 provided the words "SPO-funded" are written at the back of the check. Since your reason for stop payment is valid, you are not liable for bp 22.

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  62. Anonymous lawyer, thanks for helping by answering the query :) i'm just too busy...

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  63. Good pm Ms. Law
    I already paid my obligations but the complainant hesitant to sign the affidavit of desistance. She wanted me to pay the lawyer na binayaran at sa nagastos nya. Ang alam ko kasi kng sino ang nagfile ng reklamo ang magba2yad ng filing fee.Payag ba ang court sa ganito? wala kasi akong alam na ganito ang usapan namin b4 na magbayad ako...tnanks and I really appreciate your answer.

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  64. good am ms law,

    I acquired a loan from a bank total of 60k. It was used for hospitalization of my father-in-law. We were able to pay around 15k only and wasn't able to continue payment up to now. Now I received calls from their legal dept stating that they'll be filing a case since my post dated checks are bouncing.
    I don't have the means of payment though I have work right now.
    Is it possible to just ask amnesty on the remaining liabilities.
    Thanks a lot.

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  65. gooa am miss law...lalabas po kaya sa n.b.i clearance nung tao na may kasong bp.22 at may warrant of arrest at pending court case pag kumuha sya ng n.b.i clearance for employment purposes?

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  66. good am ms. law

    i have a case at the fiscals office my landlord sued me for bp 22. because of the contract i entered sometime 2008 for the rent of the house. we were not able to settle the obligation amounting to 150k.

    my question/s:

    1. am i criminally liable under bp 22 eventhough iam not the signatory of the check

    2. would the fiscal know that base on the submitted check that it is not my signature? eventhough in my counter affidavit i wasnt able to state that iam not the account holder/signatory

    3. would there be any legal remedy if the case is submitted for resolution and filing

    thank you
    bone_mets

    ReplyDelete
  67. only a signatory of the check may be held liable for B.P. 22 but take note that the landlord may file a estafa case against you.

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  68. good am Ms LAw
    ask ko sana what charges ang pwede i file sa akin cause..meron akong friend na nag papautang.tapos may mga client akong naipasok sa kanya..nung una wala pang check na invole hangang 3 years ago kinuhanan nya ako ng check under my name para gamitin ko kung may mag loloan sa kanya. ung check ko ang pinaka-assurance.. tumagal ang transaction na ok. hangang sa last month hindi nakapag bayad, wala na din akong maiabono kasi kelangan monthly maibigay ang principal at interest..ang ini-issue kung check sa kanya 1 check per transaction, means kung ung client ko ay nag loan ng P50,000 for 5 months to pay, may client needs to pay 12,500 each month. ako naman ang require na mag issue ng check sa financer ng P62,500...nung last month hindi nakapag bayad. pati ung personal loan ko with check hindi din ako naka pag hulog sa kanya..pero tinatakot na nya akong idedemanda. nakikiusap din ako ng konting panahon. dahil babayaran ko na lahat ng utang ko..pero galit sya..natatakot na ako..i heard pinasok nya ung mga check..pati ung mga inihulog na namin isinama na nya..dahil bawal sa kanya ang hindi magbayad at magbayad ng kulang..kung ano ang pinirmahan sa contract na kung magkano ang monthly amount.. at bawal ang mag pass ng payment kahit 1 day lang...kaya namimilipit kaming lahat...ngayon ikakaso na nya ako...ano po ang gagawin ko...estafa po ba ito...makukulong po ba ako? pls help

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  69. pagnag bounced ang check mo BP22 kaso mo at the ame time pwede ka rin yan kasuhan ng estafa at may kulong ang estafa pag convicted ang accused.

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  70. thank you ms law for your answer =)

    bone_mets

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  71. Hi Ms. Law,

    I need your advice, im worried abt a check ive issued to someone who runs a lending business. Actually, I got a loan amounting to P25,000 from this person and Ive signed a contract stating that such loan will be paid in 4 mos thru a deduction of the bi-monthly payment from my salary atm card every pay day. But before I got the loan, he asked me to write off a check amounting to P35,000 (loan base amt + 4 mos interest @10%/mo)and this was dated September 15, 2010. Apparently, ive already resigned from my previous employer and so I wasnt able to pay him. I would still want to pay this loan not only because of the issued check which we never agreed that he would encash or deposit, but also he holds my philippine passport. Does he have the right to file a case against me for the issued check, if it turns out to be a bounced check, following BP 22? The last time he visited my house was 2 months ago and we never talked since then.. If he files a case against me, would I be arrested right away or a subpoena will be issued to me for court hearing? In the court hearing, am I entitled to get an arrangement to settle the debted amount or I'll be penalized to pay the fine amounting to twice the amount of the check so I wont be put in to jail? During the court hearing schedules, will I be detained in jail?

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  72. good day! can i have a copy of the digested case of betty king vs people? thankyou so much

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  73. I would like to know the procedures in filing a case for bouncing checks and estafa. somebody borrowed money from me amopunting to 165k inclusive of ineterests. all checks issued to me bounced until the account closed. Id really like to file an estafa case and make the person liable for her actions. is there a step by step procedure for this?

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  74. Good evening Ms.law,

    I already settled my obligations amounting to P42,000. We had an agreement to settle it by installment [P2,000/mo.]. But now na tapos na ako ayaw niyang pirmahan ang affidavit of desistance gusto niya bayaran ko nagastos nya s atty..what will I do? please help...

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  75. Hi ms law.. May family friend po kmi na sobrang close nmin, so yun mother ko po since mag bestfriend sila nakaka pag rediscount po sya ng mga cheke pero may 5 percent po na interest kada bwan pero wala pong tseke yun mother ko humihiram po sya sakin napopondohan nman po nya kaya lng po nun nagkaron kmi ng family problem hindi napo nakapagpondo yun mother ko kya po wala po akong choice kundi mag close acct kasi po kinakain na po nun mga nahiram n cheke yun pera ko sa banko, akala ko mapapakiusapan nmin yun bestfriend ng mother ko dahil nagpapatubo nman saya pero sa halip ako ang dinemanda nya, ano po ba ang dapat kung gawin kasi po yun mother ko nman yun may utang sa kanya, gusto po nya na ako ang makulong, wala nman akong pinirmahan kahit anong documento na may utang ako,

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  76. nabalitaan po ng friend ko na nagpapautang kmi ng pera na may interes, kunuha po sya sakin ng almost 250k sya po ang kumukuha skin ng pera at sinasabi nya lang skin na may nakuha skanya kya nag pa issue po ako ng cheke skanya para po sigurado ksi di ko kilala mga binibigyan nya lately po di na sila nakabayad skin ng tubo kya pinasok ko ang lahat ng cheke na issue nya sa different amount closed acct. na po lahat ng cheke pano po ang gagawin nmin un po bang tao na nag issue skin ang kakasuhan ko kasi sya naman po ang kumuha ng pera smin at un iba po di namin kilala sya lang ang nakakakilala pwede po sya namin i file ng case BP 22? estapa po ba tawag dun? makukulong po ba sya?

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  77. kung tumalbog mga tseke pwede kasuhan ng B.P.22 pero wala kulong yon...pwede rin estafa kung panloloko ginawa, yan ang may kulong.

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  78. I need your help po. My hubby issued a check (pay to cash) to a business partner who gave the check to another person who rediscounts checks. In short po, ang taong pinagbigyan ng check does 5/6 or is a usurer who charges 12% per month. Both hubby and his partner agreed on paying this amount and we fully intend to. However, when the time came, we were informed by one of our clients na madedelay lang ng 2 weeks ang payment nila. That money is what we were going to use to fund the check. So naturally, we talked to the usurer to at least wait a week before he deposits the check. But he denied our request and deposited the check still. So, in short, we were charged by the bank since we really had no money to fund it yet. My question is, can he file an estafa or bouncing checks complaint against us even if it wasn't us who handed him the check? We are very responsible people and this guy is what you would call "haragan" na nag 5 5/6. Anyway, he threatened us over the phone about filing a complaint. Can he do this to us when there is no deceit on our part? We did everything to ask him to delay it just for a week. What procedure can we do just in case he does and what should we expect if he does? While we are able to pay the amount next week, I'm still worried he might do something to file a case or whatever because he is a foul man. Please help us. THanks.

    And take note po, today is only the second day since he deposited the check and he is already threatening. We can pay him next week but he just won't stop being rude. We never ever ran away from any debts and I feel bad that there is this kind of person who does 5/6 and has no consideration for other people.

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  79. dapat ma-dishonor muna ang check at mag-bounced to warrant a complaint and a letter of demand from a lawyer is a pre-requisite in filing a complaint..dapat maka receive muna kayo ng demand letter...

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  80. Thank you Ms. Law. Just in case, can he file estafa against us when there is no intention to deceive?

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  81. If in case po ba kasi end of next week pa kami mag kaka funds and he may redeposit the check to cause it to bounce again, what can we do after receiving a demand letter?

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  82. hi Ms. Law

    I haven't seen any answer on the question po na pano kung after 5 years na yung pagbounce ng check? may kaso pa rin po ba? Thanks po.

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  83. wala na...read again may article, see about PRESCRIPTION -lapse of four (4) years...

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  84. Hi Ms. Law..

    My parents case po kasi was settled kanina on the court. The settlement was to pay for the check dated july 11 2005 with notice of dishonor june 21 2010. Magbabayad po kami next week for that check. Late na po ako nkagresearch on this coz may nabanggit nga na paso na ang tseke so i needed clarification.

    Does this mean na i dont need to pay for my parents checks? mga 5thousand lang po yung check plus they want me to pay pa interst for 5 years nung amount..

    What happens kung di ko na bayaran? kasi kung paso na naman pla, dapat walang kaso. May maiikaso ba sila sa parents ko kung hindi namin i-settle? Coz in the first place wala naman pala dapat kaso.

    What happens to bouncing check after four years? Does it become a civil case? Please enlighten me.

    Thank you po...

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  85. Hi Ms. law...
    Meron po kaming supplier, we've been doin' business for 11 years. last year nasunugan po kami ng establishment, pina close ko po agad ang bank account namin, meron kaming mga issued checks sa supplier na ito. bottomline po, bouncing checks ang nangyari, but we are in good faith na babayaran po namin ang account namin sa kanila, but for some reasons, humihingi kami ng supporting documents like sales invoice and the like, they just ignored it, and worst they have warrant of arrest (which is naka bail na kami) already but we did not even received any
    court order. possible po ba yun? Thank you and God Bless...

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  86. ms.law di po ba kmi pwede lumapit sa PAO, kami un natalbugan ng mga cheke..ksi nagtanong kmi sa PAO ayaw tangapin un reklamo namin...kung mag private po kmi ng atty. mga magkno po ang magagastus nmin? un po bang nireklamo nmin sila lang po ba un pwede lumapit sa PAO? salamat po nawa po masagot nyo mga tanong ko.

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  87. gud pm ms.law kung ang mga cheke po ba na nagkakahalaga ng almost 175K pwede po ba ikaso dun estafa? mga talbog na po lahat ng cheke. pag estafa po ba makukulong? un po bang BP22, may kulong po ba un? salamat po nawa masagot po nyo mga tanong ko.

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  88. gud pm po ms.law thnk u for answering my question, may tanong po uli ako. di po ba pwede na magreklamo kmi sa PAO tungkol sa BP22 n yan. pag maghire po kmi ng private na atty malaki po ba ang bayad? o ideretso ko po un kaso sa estafa,kasi di na po sumisipot at di na nagpapakita samin un nag issue sakin ng cheke talbog na po lahat ng cheke halata po n nagtatago na sya pati un cp # nya pinalitan nya po...di po ba estafa un ikaso ko dyan kesa sa BP22. salamat po nawa masagot nyo po uli ang tanong ko...

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  89. Hi Ms Law...

    Meron po kming customer nag issue ng cheque pero not on his name. then when we deposit the cheque nag bounce po then ni redeposit ulit nmin and sad to say twice nag bounce at pina stopped payment n ng may ari ang cheque. paano po un sino kya ang liable for that case at kung may liabilty din b ung nag issue ng cheque sa amin n hindi nman nya name???tnx a lot po

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  90. may specific time po ba na kailngan para mabayaran ng nag issue ng bounce check ang amount ng cheke. I mean what if i made muna an arrangement taz hindi naman nasunod, can i file BP22 againts him?

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  91. Hi ms. law,

    a police is calling me because a friend of mine get a loan to a bank and I am his guarantor. My friend doesn't pay for many months and the police is searching for him. They can't find the person and the police told me that they will issue a warrant of arrest to me. Do they have the right to issue a warrant to me? what will be my charges? if they can't do that to me, what should I need to do?

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  92. Hi ms, Law,

    if the bouncing check issued april 2005, still have case.

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  93. Hi Miss Law

    Is there a prescriptive period for warrent of arrest to expire?

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  94. Hi Miss Law

    If financial institutions and or creditors intentionally lend money knowingly aware the inability of those debtors to payback the loan, is there still BP22 or estafa against those debtors? Thank you.

    ReplyDelete
  95. Hi.

    Me prescriptive period po ba ang SPA? I mean period of effectivity ng SPA? thank you in advance for your help.

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  96. Anonymous1.
    Yes. There is still a violation. What the law punishes is the issuance of check KNOWING he does not have sufficient funds or credit at the time he issues a check.

    Anonymous2
    Wala period. SPA becomes effective immediately upon execution.

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  97. Thank you very much Ms. Law your advice have been very informative, can I ask another question?, what if the lender knew that when the check was issued at that time by the debtor the debtor have no sufficient funds and still the lender accepted the check or checks? isn't the lender responsible for their own actions of negligence? Thank you.

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  98. hi ms. Law,
    i think by express provision may penalty of imprisonment ang bp22, that is why such is a criminal case.. Also, the 90 day period is not an element of the crime, hence even if presented after 90 days from date of check, the drawer is still liable for bp22..
    Thank you and God bless

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  99. Issuing bounce check dated june 2011 for more than 1 year, still possible to charge bp 22?

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  100. yes, as long as it was deposited and the bank isssued a Notice of Dishonor.

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  101. Hi Ms Law! May pinautang po kami ng 200 thousand pesos. Tomorrow na po namin idedeposit ang check. Tinatawagan po namin yung taong umutang pero di na sya sumasagot sa call or sa text namin sa 2 numbers nya. Tapos she turned off her cellphone na din. She removed my boyfriend sa Facebook account nya. May ibang checks pa po na pending from her din bukod sa 200k. Pag nagbounce po yung check and we send her a notice, can we file for estafa agad? Another question is kung ayaw nya tanggapin ang notice to pay ano po ang ibang option namin? Thank you.

    ReplyDelete
    Replies
    1. oo, pwede isabay ang kaso ng estafa sa B.P.22.
      dapat may demand letter, pag di tinanggap, mail nyo sa post ofc. dapat REGISTERED mail.

      Delete
    2. Hindi po kaya ma-dismiss lang ang kaso kapag iba ang pumirma sa registered mail at hindi ang mismong akusado dahil ayon po sa batas ay tanging ang akusado lamang ang dapat pumirma sa demand letter.. Ako nga po ay nawawalan na ng pag-asang masingil ko pa ang perang pinaghirapan kong kitain na ipinaluwal ko sa isang mas higit ang pangangailangan at pinagtiwalaan ko dahil sa post dated checks at isang titulo na iginarantiya niya sa akin. Hindi po naman sa kinikuwestiyon ko ang proseso ng batas pero marami na po kaming ganito ang kalagayan na nagiging biktima na ng mga umutang sa amin ay biktima pa rin kami ng proseso ng batas. Paano po kami makakapaghain ng reklamo sa mga nambiktima sa amin kung sa unang hakbang pa lang nito ay talo na kami dahil lang sa hindi nila paglagda sa papel na mag-didiin sa kanila?

      Delete
  102. hindi ang akusado ang pipirma sa demand letter, lawyer ang dapat pumirma dahil yong letter ay para sa akusado.

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  103. Hi Ms law ask ko lang po kc yung umutang sa akin nag issue ng check ngayun po ipapasok ko na yung check sabi nya sa akin hndi daw sya ang naglagay ng date at amount pero pirmado kc naka type lang po yung date at amount itinatangi nya anu po ba maari kong gawin .at tinatawanan lang po ako nung sinabi ko na ipapasok ko yung check nya

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  104. pwede mo deposit ang check basta may pirma nong may-ari ng check kahit naka-type lang ang date at amount.

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  105. This comment has been removed by the author.

    ReplyDelete
    Replies
    1. oo, pwede pa maging liable sa estafa kahit nag prescribed na ang B.P. 22 kasi iba ang estaf at B.P. 22. kahit walang check na involve ay pwede makasuhan ng estafa.

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  106. Hi! Ms. Law, Nag-issue po kasi ng checks ang asawa ko sa kaibigan ko ng nagpapa 5-6. Tinanong nung friend ko yung asawa ko kung may pondo na yung mga cheke pero ang sabi ng asawa ko wala pa kasi nagkaroon di kami ng financial problem. Nakiusap ang asawa ko na huwag muna ipasok yung cheke sa bangko at gagawan na lang niya ng paraan para makabayad. In short, the checks were not deposited. Nakakabayad ng unti-unti but ngayon yung friend ko is demanding for the whole payment. Liable pa din po ba ang aswa ko sa estafa kahit di naman naipasok sa bank yung mga cheke at stale checks na din po yun.

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  107. oo, pwede pa syang maging liable sa estafa. iba ang estafa sa B.P. 22 kaya di kelangan na ma-deposit ang check para makasuhan sya ng estafa.

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  108. you've been very very helpful,despite how hectic and tiring your job is,you were still able to extend your help to people who are in need of legal advice for free..you have a good advocacy in life...God bless you...

    ReplyDelete

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