Alright, so RFPT again, BP22 again. This is the core of our negotiable instruments because as you know, the cheque is a type of negotiable instrument. It's a bill of exchange. Alright, now, for you to understand BP22 well, it is best to discuss it together with staff.
Okay, staff. So, let's go there first. Basically, this is the same deal with checks.
So, the staff and BP22, when you look at them, it's almost similar. Why? Because the bounce of the cheque is what we're talking about here. Why is the cheque bouncing? Most of the time because the funds are insufficient.
There's no money. There's no money or there's not enough money. How did they change?
That's where the so-called... magagandang words ng batas, mala inse, tas yung mala prohibita. Okay?
Ano ibig sabihin yan? Kapag nakita mo yung mala inse, ibig sabihin yan, is, this, itong act na ito, ay inherently wrong. Okay?
Inherently evil daw. Okay? Kapag mala prohibita naman, it is only wrong, because sinabi ng batas.
Yun lang siya. Okay? If, walang batas about it, okay lang daw.
you do that. Okay? Like for example, you need to wear a helmet when you ride a motorcycle. Okay? It's not inherently wrong, but the law says so.
Okay? Now, when you see the malainse, that's where the so-called mens rea is important. The criminal mind.
Okay? Or that's where the criminal intent comes in. Okay?
So, it's not enough that you did it. Your state of mind when you did it. criminal. Okay?
Merong kang malevolent or wrongful intent. Ginagawa mo yan. Whereas, kapag mala prohibita or malum prohibitum, okay? Pag yan ang ginagawa mo, the mere fact na ginawa mo siya, regardless kung anong nasa state of mind mo, bawal pa rin siya.
Pwede ka pa rin makulong doon. Okay? Now, So, our coding for colors, okay?
Remember, if it's green, it's a staffa. If it's blue, it's BP22. And if it's red, it's red, not pink.
If it's red, it's common. Okay, they're common requirements. Now, let's go to the staffa. Staffa is basically panloloko.
Okay, it's defrauding someone else. Now, the staffa, there are two. It can be by abuse of confidence or by means of defrauding.
deceit. Yung deceit ang pinag-uusapan natin ngayon. Okay?
Yung deceit, marami ring pamamaraan. Paano gawin yan? In particular, para sa case natin today, it is through fraudulent acts. Okay? So again, staffa can be done in two ways.
Abuse of confidence or deceit. Pinag-uusapan natin, deceit. Yung deceit, marami ring ibig sabihin. sabihin yun. For one of which is fraudulent acts.
Okay? Iyon yung pinag-usapan natin today. Ano mismo yung fraudulent act?
Yun po yung pag-issue or pag-post date ng cheque na walang laman. Okay? So, stafa muna tayo. Stafa muna. So, dito sa ating diagram, ang tatandaan mo dyan is para maging stafa siya ay dapat ito.
Okay, yung fraudulent act was performed prior or simultaneous to the fraud. Okay, prior or simultaneous to the fraud. Big sabihin... The person was able to obtain goods or services because he was fooled.
If there is no fooling, he will not get the goods, he will not get the services, he will not get the money. Okay? That is the basic principle of staff.
Ang binabawal dyan is yung panloloko. Okay? So, it is the fraudulent act. I'm sorry. The fraudulent acts must be done prior or simultaneous to the fraud.
Ganun siya. Okay? Now, anong coverage niyan?
Issue 1s, tsaka post-dating. Okay? Issue 1s, tsaka post-dating. I'll check.
Ang next mong titignan ay ito. Di ba pag cheque, bayad ka na ba pag binigay sa'yo yung cheque? Hindi pa.
Kailangan mo pa yung E-N Cash. Okay? Anong tawag doon?
Presentment for payment. Okay? Remember, The cheque is a bill of exchange.
But you will never present for acceptance the cheque. It's always a presentment for payment. There's no presentment for acceptance of the cheque.
It's always a presentment for payment. So you're directly here. Maybe you're confused with the nego. That if it's a bill of exchange, you should have accepted it first. The cheque is an exception.
There's no acceptance there. You're directly here for payment. So if it's a presentment.
So, when you present the payment, what you will see is this. What is 180? That is days. So, you need to present the cheque within 180 days.
Why? If 180 days have passed, it's been 6 months, right? If 180 days have passed, six months and check a nagging stale okay basically well on a pong silva check in a on okay so kapag nag present can and shake it after six months dishonored yan guaranteed okay Pero kapag ka na-dishonor siya after 180 days, hindi ka na po pwedeng maging liable for estafa.
Bakit? Kasi stale na yung cheque. Hindi na po talaga i-honor yun kahit may pondo pa. Gets?
Now, so yan ang marker mo ha, 180 days. Okay? Now, ang next na mangyayari of course, pag nabayaran yung cheque, di wala problema. Tapos na.
But what we're talking about is when you're dishonored. When you're not paid for the check, that's called dishonor. Alright?
So, there's a notice of dishonor. Because how can a person who issued a check know that he's not paid for the check if you're not going to give him this? Okay? Why? Because if he receives this, he'll be given...
three days. Three days for what? To deposit a fund or to fund the cheque.
If it's funded, we don't have any problem again. There will be trouble in this situation if after three days, there is still no money. If that's what happens, there will be a presumption of deceit and you can continue with the staff.
These are the penalties of the staff. Later, let's go back. It depends on the amount.
So, let's go back to that. So, in BP-22, as I mentioned, it's a malum prohibita or malum prohibita. Okay, ito po. Okay, ano ang dahilan ng pagkakakulong mo sa BP22? Wala pong kinalaman yung state of mind mo.
Hindi kailangan nakapanloko ka. Isa lang. Okay, kapag nag-issue ka ng cheque at tumatanggap. That's the only reason to stay here. Regardless of what you're thinking, if your thinking is bad or even if it's good, as long as the check is in the bank, because there's no money, you're in trouble.
So, that's it. There are acts that are covered by BP22. Basically, it's almost the same.
And according to some authorities, BP22 also covers post-dating. It's also possible. But what's important here is the dishonor. So, issue, that's the first delivery.
Technically, when it comes to the bill of exchange, draw. You draw a bill of exchange. Technically speaking, it should be a negotiable instrument that is promissory note.
But the law wants to be comprehensive so that you don't have any issues. As long as you make a check, it is possible. for you to come under BP 22. This is where they have differences.
Remember this. If it's BP 22, it can be issued for value or on account. What are the differences between the two? For value, there is no pre-existing obligation. Okay?
In the staff earlier, we said that the only reason why a person received goods, services, or money is because he issued a cheque. That is what is for value. wala pang pre-existing obligation either sabay or sorry sabay or prior to the fraud. Okay, so pwede ka mag-issue for value, walang pre-existing obligation.
Covered din ang BP22 yan. Okay, now yung... One, the on account, has an obligation. That's the example. An illustrative example would be what is done in financial accounting.
For example, it's account payable. You bought goods and it's payable to 10N30. When it comes to N30, you still haven't paid the money. You made a check. That's the situation.
There's an obligation, but... you will be paid a cheque again. Although, so far, that is still cash, right?
But, legally, that is a different thing. The other thing is, you have an obligation to pay for an account. You have a liability. Then, in law, if you just pay a cheque, for paying the liability, your obligation is not yet extinguished. Unlike in financial accounting, if you pay a cheque, na yung cheque, cash na yun.
Bayad na. Tapos na. Diba? Pero sa batas, hindi pa bayad kapag nagbigay ka ng cheque.
Bakit? Kasi diba kailan ba nagiging bayad to? Once and cashed pa. Alright? So again, kapag BP22, dalawa po ang situation.
You issued a check for value, meaning wala pang pre-existing obligation. Yung cheque ay kasabay ng obligation. Or pwedeng on account.
May obligation na a It's already existing. Then you issue a cheque for that. That's important. Why?
For the staff, this is not included. Only this. Why?
Because it needs to be prior or simultaneous. Now, your cheque Here, another difference is that your cheque can be with funds, without funds, or with insufficient funds. For staff, there is no or not enough.
But for BP22, situation na kahit may pondo nung pagka-issue mo, pwede ka pa rin mayari. Although, ano to, rarely used, tsaka unusual. Pero, para lang alam mo, may ganun.
So, excuse me. What will you do next when you issue a cheque? Of course, presentment for payment.
That's why it's common. You will do that either. So the situation with BP22, you need to...
mo mag-divide ng tatlong time period. Okay? Yung kanina, diba, 180 lang. Yung pagiging stay lang.
Pero dinon, dito. But you need to divide the time periods into three. Okay?
90 days, yung in between, at saka yung more. than 180. Let's talk about more than 180. Why is that? If you present a cheque more than 180 days after its date, what happens? It's stale.
So, it's gone. You can't be liable under A, you can't be liable under B. kasi stale ng cheque. Remember, pag nag-present ka ng cheque na stale for payment, matik yan, dishonored yun.
Okay? May laman man or wala, dishonored yan. Next.
You're here first in 90 days. Because what does BP22 say? Specifically mentioned is 90 days. Okay?
First, let's go to with funds. It says, when you present... cheque na may pondo nung in-issue siya.
In-issue yan ha. In-issue may pondo. Pero nung na-present siya within 90 days from the, sorry, from the date of the check, tumalbog.
Meron siyang pondo. pwondo nung in-issue, pero nung pag-present tumalbog within 90 days, liable ka pa rin for BP22. Okay? Weird, di ba? Pero may ganon.
Unusual yan, hindi yan masyadong tinatanong. Pero may ganon talaga. Okay?
Now, remember, ha, may pwondo siya kailangan, sorry, kailan? Pagka-issue. Tapos, kailan mo siya pinresent for payment?
Within 90 days. At tumalbog siya. Alright?
So, yun. Next, Situation B. Ito naman, pareho lang naman ang effect pag without funds or insufficient funds. Pareho lang tatalbog yan. Now, kapag Situation B, bakit importante yung 90 days?
Bakit importante yung 90 days? Kasi, kapag daw pinresent mo yung cheque within 90 days, 90 days merong presumption nagkakaroon ng presumption of knowledge okay kapag ka nag dishonor siya bakit kasi ang nakalagay sa batas natin knowingly sadya mong ginawa ito remember that's different from intent ha yung intention mo doon manloko dito enough lang na alam mo na walang pondo to Of course, we don't know the exact time when the checkbook was issued. But, what's important in BP22 is that you know.
na kulang, alam mo na walang laman. E paano mo patutunayan yun? Kung ikaw ang magdidimanda, bumalay ko ba anong iniisip niya?
Kaya tutulungan ka ng batas. Kaya po nagkakaroon ng presumption. Okay? Kasi, alam na, syempre, naiintindihan namang ng mambabatas natin na, mahirap patunayan, mahirap patunayan kung anong nasa loob ng isip ng ibang tao.
Okay? Mahirap yun. Kaya tutulungan ka niya.
Binibigyan ka ng presumption. And one of the requirements para magkaroon ng presumption na ganun is you present the check within 90 days from its date. Okay? Ngayon, what happens? What happens?
happens? Kapag dun ka sa gitna, more than 90 days but less than 180 days, dun mo pinresent yung cheque. Okay, nasa gitna ka na.
Ano nangyayari? Pag sa situation A ka, what happens? Wala na pong liability. Bakit?
Yun ang sabi ng batas eh. With pag nag-issue ng cheque na may pondo. Tapos pinresent beyond 90 days, hindi ka na po pwedeng maging liable dito.
Wala na. Okay? Situation B.
90 days, more than 90, less than 180. The check was issued without or with insufficient funds. Pwede pa rin. However, medyo mahirap na to.
Kasi paglampas na ng 90 days, wala na pong presumption of knowledge. Wala na. So ngayon, hindi ka na tinutulungan ng batas. You need proof that when you issue the cheque, the person knows that there's no money.
That's hard. So, of course, you try to go with where the law helps you. But of course, you can't avoid it. Sometimes, you'll really be present here.
The purpose of this table is for you to remember when there's nothing and when there's something. So, what happens? Presentment for payment.
Alright. Kung nabayaran? Tapos na usapan.
Okay na tayo lahat. Of course, pag hindi, anong kasunod? Notice of Dishonor.
Bakit mo kailangan ng Notice of Dishonor? Kasi binibigyan uli ng batas ng parang leeway or correct, sa dito, cure period. Binibigyan niya ng time yung tao na magbayad.
Binibigyan niya ng time yung tao magbayad. Five days po dito ha. Actually nakalagi, five banking days. Dun sa staff ha, ang nakalagi sa batas natin, three days lang.
Basta days lang yun. Okay? Magkaiba po ang three days sa three banking days.
Magkaiba yan. Okay? Now, what will he do in those five days?
It's either he pays or he arranges for credit. For example, he told the bank that instead of depositing, he will take. or borrow from another account or borrow from the bank that's the other way around as long as the amount of the cheque is paid for or you arrange for payment within 5 banking days why is 5 important? why is 3 important? because according to the authorities payment with regard to staffa and to BP22 payment within the 3 day period or the 5 day period is an absolute defense.
If it's called an absolute defense, you can't be held accountable. Okay? So, even if your check fell short at first, but you paid here, you paid here, we don't have criminal liability. Alright? That's what they're talking about.
Okay? Okay. So, so, With regard to the penalty, Penalty, these are the penalties.
You will notice that in the staff, the penalty depends on the amount. Okay? The RP is a reclusion perpetua. Okay? See, it's just in the sound.
That's ugly. Okay? Perpetua...
Reclusion perpetua is actually not perpetual. Okay? That's 40, 40 years maximum.
Okay? Yung RT, reclusion temporal naman yan. Temporal. Okay? Pero, ay sorry, yung PM, presyon mayor naman yan.
Okay? So, so basically, ang maximum nun ay 40, maximum nito ay 20, this one is I think 12. Alright? Presyon mayor.
Now, I'm going to go ahead and Depende kung how much. Kung gano'ng kalaki ninakaw mo, gano'ng katagal ang kulong sayo. Okay? Na itong table na to, hindi yan ganyan dati. Okay?
Dati nasa mga 20,000 lang. Mare-reclusion perpetua ka na yata ano. Basta it's a very... small amount okay kaya nagkaroon po nito yung RA 10951 ni-rationalize nila yung mga fines and penalty yung scale basically bakit remember itong staff ay matatagpuan sa batas na to.
Act number 3815. Yan po ay 1938 pa. Okay? Makakita ka dyan ng multa, 200 pesos. Okay?
Kaya nila ina-adjust. Kasi, if hindi nila i-adjust yan, hindi naman naniniwala sa time value of money ang criminal law natin eh. Okay? Actually, may lumaban na nun. Pumunta siya sa Supreme Court.
And anong kaso niya? Staffa. Sinasabi niya na yung nakalagay na amounts dun ay hindi... na makatotohanan kasi precisely because of the time value of money anong sabi ng supreme court eh sa kongreso ka makipag-usap huwag sa amin okay kaya nagkaroon ito all right now This is also related to the malainse of this. Criminal intent is required, mens rea, criminal mind.
What this scale shows is The criminalization of your mind is a big deal. The more you lie, the bigger the crime. Okay? So, for the law, it's worse if the person who lied to you is 8.8 million versus the person who only gave you 4.4 million.
And how can I say that? Because it takes longer to get caught if it's 8.8 million. So, it means you're more criminal.
Okay? In BP-22, again, right? Not the criminal intent.
We don't care about the criminal intent here. The mere fact that you issued a check and it went wrong. That's it.
So, look. It doesn't depend. sa amount.
Wala siyang pakialam sa amount. Well, sa fine, oo. But, tingnan mo yung pagkakakulong. Walang nakalagay dyan. Regardless kung 1,000 pesos yung cheque, or 1 million pesos yung cheque, ito lang ang penalty.
Okay, why? Because intent is not material here. He doesn't care what's on your mind or how bad you are as a person when you did that. As long as...
you issued a check, it fell, that's your penalty. Okay? Now, the most consoling, the most, the most that your penalty can adjust to is, per check. cheque yan.
Bawat isang cheque yan. So kung binigyan mo yung, kunyari, ikaw ay ano, bumili ng kotse. Hiningang ka ng 24 na post-dated cheques.
Lahat yun, di mo binayaran. O di times 24 yan. Okay? Ang pinaka-consuelo mo na lang is this one. Yung fine.
May maximum po yung fine. Okay? 200 is the upper limit. So it can be double the amount or 200,000.
This fine will not go to the person who demanded it. You will pay that to the government. Okay?
That is included in your penalty. The civil liability is different. This is just criminal liability.
Alright? So... Just a quick recap Check it out what I'm talking about here King Tumalbog basically again staffa punishes deceit alright or fraudulent activity this one we don't know what is the intent what is this about?
the issue of cheque that has been broken one is the fraudster okay staffa is a fraudster this one is a cheque that has been broken so just follow this again and And hopefully, you'll understand. Okay, so let's answer now. BP 22. So number 7. What is the minimum number of days for maintaining a balance in the checking account to cover a check he issued for the drawer to be exempted from conviction for violation of BP 22? It's this. The 90 days.
What number 7 means is there's a bond. From the start. So if it's presented within 90 days that there's a bond, then there's no liability.
We don't have a problem. All right. So, number seven, that's letter A, 90 days. Number eight, 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?
Okay. Letter A, there must be knowledge of the maker, drawer, issuer. Okay? Knowledge.
You need knowledge. Letter B, there must be criminal intent. There.
We were saying earlier, BP-22 is essentially mala prohibita. It does not require criminal intent. So that's the answer.
Let's continue. Letter C. There must be subsequent dishonor. Right? Because if the check is paid, we don't have to talk about it. The dishonor is important.
Letter D. There must be making, drawing, issue of a check. to apply on account or for value. So, element pa din yan. So, number eight, the answer is letter B. Number nine.
Statement one. What BP-22 punishes is the issuance of a bouncing check, not the purpose for which the check was issued. Tama.
True yan. Bakit? Diba kanina pinag-usapan natin. Walang pakialam si BP-22 sa state of mind mo. Okay?
Walang criminal intent na necessary dito. Bakit ka kinukulong? Dahil yung cheque mo tumalbog. Yun yun.
Okay? Or nag-issue. issue ka ng checking, tumalbo.
So, statement one is true. Statement two, what BP22 punishes is the issuance of a bouncing check, not the non-payment of the obligation or terms and conditions of its issuance. Yes, that's also true. Okay?
Yung cheque kasi in-issue mo ng walang pondo. Kaya siya tumalbo. Yun ang ibig sabihin ng yun ang pinaparusahan ng ating BP22.
Okay? So, statement two, that's also correct. So, the answer should be letter C. Both are true.
Number two. Number 10, Statement 1, each act of drawing and issuing a bounce check constitutes a violation of BP22. Yes, per check ito. So, Statement 2, the rule is that there is only one offense when the offender is moved. By one criminal intent cannot apply to BP22 because criminal intent is immaterial.
Yes, that is also true. Meron kasing concept sa mala inse, yung singularity ng intent. Na kapag isa lang yung criminal intention mo, absorbed lahat ng crimes doon, isa lang yung kinu.
It's not allowed in BP-22. Why? Because the intent is not an element here. So, it's important to have that singularity when you're a Malay.
Because in Malay, it requires mens rea. So, statement, sorry, number 10, letter C is the answer. Both are true.
Number 11, BP-22 does not make a distinction as to whether the bad check is issued in payment of an obligation or merely to guarantee. Yes, it doesn't matter what the intention is. If you issue a check that has no content, tapos tatalbog yan.
Okay? So, the statement 2. Okay? Palagyan na lang ng 2. The essence of BP-22 is the issuance of a check, not the non-payment of the obligation. Yes.
Okay? Anong pinapanish dyan? Yung nag-issue ka ng check na walang laman. Okay?
Kaya, pabaga, consequence lang naman yung pagtalbog eh. Alright? So, number 11, both statements are true. Number 12, okay, the maker's knowledge of the insufficiency of funds is presumed from the dishonor of his check for insufficiency of funds except statement 1. When the check is presented after 90 days from the date of the check. Okay?
Remember, after 90 days, it can still be done. However, you don't have a presumption of knowledge. Then, statement 2. When the maker or drawer pays the holder the amount due thereon or makes arrangement for payment in full by the drowie of such check within 5 banking days after receiving notice that the check has not been paid by the drowie. Okay?
So, that's also true. So number 12 is the answer should be letter D because letter A is missing. So the third choice, both are true.
Number 13, statement 1. Notice of non-payment by the draw. The bank is not sent to the maker or drawer, then the presumption or prima facie evidence of knowledge cannot arise. Yes, that's true. Bakit?
Important po yung notice of dishonor. Bakit? Doon nagsisimula yung bilang ng five days.
Okay? Pag habang hindi pa tapos yung five days na to, wala pa yung presumption na yan. Okay?
Next. Statement 2. The presumption of knowledge of insufficiency of funds or credit does not lie when the check is presented after 90 days from the issuance of the check. Yes.
Okay? That's why this is important. 90 days.
Okay? 14. Statement 1. It shall not be the duty of the drawee of any check when refusing to pay the same. Upon presentment, to cause to be written, printed, or stamped in plain language their owner attached thereto, the reason for the drowie's dishonor or refusal to pay the same. That is false. Okay?
Duty na yun. Drowie. Sino ba ang drowie pag-cheke? Banko. Okay?
Pag-cheke po, ang drowie laging banko. So the bank has that duty. Usually sinastamp yan.
Okay? Bakit? Kasi maraming iba-ibang paraan paano ma-disonor ang cheke. Ang importante lang sa staffa and this one, is insufficient funds.
Kaya kailangan sabihin ng banko na, okay, dishonored to due to insufficient funds. Alright? Now, statement two.
So, statement one is false. Dapat duty na yun. So, statement two. When there are no sufficient funds or credit, the fact shall always be explicitly stated in the notice of dishonor or refusal. That's true.
Yan yung kailangan niya gawin. So, number 14, the answer should be letter B. Statement 2 is true.
15. Statement 1. Under BP22, the prosecution must prove not only that the accused issued a check that was subsequently dishonored, but it must also establish that the accused was actually notified that the check was dishonored. And that he or she failed within five 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. That's true. That's why it's important. He needs to get it.
Because why? Again, if the notice of dishonor hasn't been received yet, the five banking days haven't started yet. So statement two. The notice of dishonor of a check must be in writing. It may be sent to the drawer or maker by the drawing bank, by the holder of the check.
or the offended party either by personal delivery or by registered mail that is also true okay so kailanian writing so statement two is true but be careful lang pala kasi yung registered mail na yan it will require a few more steps okay pero anyway ang point lang is pwede na registered mail meaning pinadala mo via sulat or pwedeng personal okay pero i advise gawin nyo na lang personally okay so number 15 the answer is letter c 16 statement one Where there are no sufficient funds in or credit with the drawback, such fact shall always be explicitly stated in the notice of dishonor or refusal. A mere oral notice or demand to pay would appear to be insufficient for conviction under the law. That's true.
Okay? Because it needs in-writing. Because you need proof that you sent it to him and he received it.
Okay? Why? Because that's where the five banking days will start.
Okay? So statement one, that's true. Statement two, the full payment of the amount in the check, within five banking days from notice of dishonor is a complete defense yes that is also true okay remember ah yung pag nakapagbayad dito pag nakapagbayad dito wala na wala na tayong criminal case na pinag-uusapan okay yun ang ibig sabihin ng complete defense okay all right so Now that's 16, okay?
Both are true. Number 17, statement 1, under BP22, only a full payment at the time of presentment or during the 5-day period could exonerate one from criminal liability, and that subsequent payments can only affect civil but not the criminal liability. Okay, that's true.
Statement 2. Full payment of the amount within 5 banking days from notice of dishonor is a partial defense. Okay, that is false. Because as we said, if you're a buyer within that period, it's a complete defense.
So, 17, the answer should be letter A. 18. BP22 punishes. The issuance of a bouncing check and not for the purpose for which it was issued or the terms and conditions relating to its issuance. Yeah, that's true. It was repeated earlier, right?
Statement 2. The issue of lack of valuable consideration for the issuance of checks. Sorry, sorry. Excuse me.
The issue of lack of valuable consideration for the issuance of checks which were later dishonored for insufficient funds is immaterial to the success of a prosecution under BP22. That is also true. Okay?
It doesn't matter what the state of the issue is. The important thing is that you issued a cheque, there's no content, and you were disowned at the end. Alright?
That's it. So, that is... Wait, where is it? Yeah, so, number 18. Statement 1 is true.
Statement 2 is also true. Alright? So, letter C. 19. What is the legal obligation on the part of the drawer of a funded check in order to exempt himself from criminal liability for a bouncing check?
Okay. So, funded, huh? So, funded. Let's go here. With funds.
Okay? So, letter A. He must keep...
sufficient funds or maintained credit to cover the full amount of the check within a period of 90 days from maturity of the check. Yes, that's the answer. This is it. Okay? So, remember, if you issue a check that has a fund, there's a responsibility.
you still have the possibility to keep the money for 90 days. Why? Because if you issued a cheque, and it was presented within 90 days and it was sold, remember, when you issued it, it had content.
And when it was presented, it was sold, you are still liable to BP22. Alright? So number 19, the answer should be letter A. 20. What is the prima facie evidence of knowledge of insufficiency of funds or credit by the maker or drawer of a check?
Letter A. The making, drawing, and issuance of a check. payment of which is refused by the drowie because of insufficient funds in or credit with such bank when presented within 120 days from the date of the check. Not that, 120. Letter B, making, drawing, and issuance of a check payment of which was refused by the drowie because of insufficient funds or credit with such bank when presented within 90 days. There you go. So, this is it.
If you issued it without funds and it was presented within 90 days, the presumption is, you know. Okay? That's what he meant to say.
So, letter C is, of course, wrong because it's only 60. Letter D is also wrong because it's only 30. Remember, 90. 90 days. Okay? Number 21. What act may be presented by the maker or drawer of a check to destroy the prima facie evidence or the prima facie presumption of knowledge of insufficiency of funds or credit as established by the preceding number? Okay. See?
It was presented within 90 days. Presumed that you have knowledge. What can you do to get rid of it?
There is no presumption of knowledge. Here it is. You are a lawyer within the five banking days.
If you do that, there is no presumption of knowledge. As I mentioned, there are other authorities saying that knowledge alone is not enough. You can still prove it.
But according to the Supreme Court, payment within this period is a complete defense. If you pay for it, the presumption of knowledge is gone and in fact, the criminal case is gone. It's paid. But remember, this happens before the case is filed.
This case hasn't been filed yet. It's just a dishonor. It's different when there's a case and then you try to pay for it.
It's different. So again, issue ka ng cheque, walang pondo, na present within 90 days, presume na alam mo. How will you destroy the presumption? Bayad ka. After notice of dishonor.
Okay? So, hanapin natin yung nagbayad siya. This is number 21. Okay.
The maker or drawer, letter A. The maker or drawer pays the holder they're of, the amount due thereon, or makes arrangement for payment in full, by the drawee bank, within 15 banking days after such, after receiving notice that the check has not been paid by the drawee. Okay. So... So, lahat ito bayad.
Yung period na lang ang kailangan natin napin. Anong sabi natin? Five banking days. So, hanapin natin yung five. Letter B, 20. Hindi yan.
Letter C, 10. Hindi yan. Letter D, ayun, five. Okay? So, number 21. Ang sagot dyan is, the maker or the drawer pays the holder thereof the amount due thereon or makes arrangements for payment in full by the drowie of such check within five banking days after receiving notice that such check has not been paid by the drowie.