Question
Can someone help me explain these answers? (I understood it but I don't know how to explain please help) -Philippine Law about bouncing checks B.P22
Can someone help me explain these answers? (I understood it but I don't know how to explain please help) -Philippine Law about bouncing checks B.P22
Below are items with correct answers - I just wanted to know the explanation behind those answers with basis or citation. (as much as possible in-law basis) Philippines Jurisdiction.
1. The crime of estafa by issuing a check has the following elements. Which among the following is not included?
a. Existence of a contract between the parties
b. Postdating or issuance of a check-in payment of an obligation contracted at the time the check was issued
c. Insufficiency of funds to cover the check
d. Damage to the payee
2. A stale check is a check:
a. That cannot anymore be paid although the underlying obligation still exists
b. That cannot anymore be paid and the underlying obligation under the check is also extinguished
c. That can still be negotiated or indorsed so that whoever is the holder can claim payment therefrom
d. Which has not been presented for payment with a period of 30 days
3. Purpose of B.P. 22 or Bouncing Checks Law:
a. B.P. 22 was devised to safeguard the interest of the banking system and the legitimate public checking account user
b. B.P. 22 was purposely enacted to prevent the proliferation of worthless checks in the mainstream of daily business.
c. The purpose of B.P. 22 in declaring the mere issuance of a bouncing check as malum prohibitum is to punish the offender in order to deter him and others from committing the offense.
d. All of the above
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