anti-bouncing checks law / estafa

5. Who may incur liability under B.P. 22
A. Only the drawer is liable
B. The indorsee may also be held liable
C. The indorser may be held liable
D. Both the drawer and the indorsee may be liable

a

6. Person X entered into a contract of sale and simultaneously issued a check in favor of the seller. In this case, the check was issued _________.
A. For value
B. For account
C. For credit
D. For fund

a

7. Estafa by postdating or issuing a worthless check is a categorized as a
A. Crime against public interest
B. Crime against property
C. Crime against persons
D. Crime against public moral

b

9. Statement 1: Offense punishable under BP 22 is a crime mala in se.
Statement 2: Offense punishable under estafa by postdating or issuing a worthless check is a crime mala prohibita.
A. Only statement 1 is true.
B. Only statement 2 is true.
C. Both statements are true.
D. Both statements are false.

d

12. When is there prima facie evidence that the maker or drawer of check has knowledge that check he issued has insufficient fund?
A. The making, drawing and issuance of a check payment of which is refused by the drawee because of insufficient funds in or credit with such bank, when presented within sixty (60) days from the date of the check.
B. The making, drawing and issuance of a check payment of which is refused by the drawee because of insufficient funds in or credit with such bank, when presented within thirty (30) days from the date of the check.
C. The making, drawing and issuance of a check payment of which is refused by the drawee because of insufficient funds in or credit with such bank, when presented within twenty (20) days from the date of the check.
D. The making, drawing and issuance of a check payment of which is refused by the drawee because of insufficient funds in or credit with such bank, when

d

14. Which of the following is not an element of estafa?
A. The offender has postdated and issued a check in payment of an obligation contracted at the time of the postdating or issuance.
B. At the time of postdating or issuance of said check, the offender has no funds in the bank or the funds deposited were not sufficient to cover the amount of the check.
C. The payee has been defrauded.
D. All of the above are elements of estafa.

a

16. The drawer is given ___________ from notice of dishonor to make good the check and avoid criminal liability under B.P. 22.
A. Five banking days
B. Five weekdays
C. Five calendar days
D. Five days

a

17. Statement 1: What BP 22 punishes is the issuance of a bouncing check, and not the purpose for which the check was issued.
Statement 2: What BP 22 punishes is the issuance of the bouncing check, and not the non-payment of an obligation, or the terms and conditions of its issuance.
A. Only statement 1 is true.
B. Only statement 2 is true.
C. Both statements are true.
D. Both statements are false.

c

18. Under BP 22, it means an arrangement or understanding with the bank for the payment of such check.
A. Credit
B. Account
C. Value
D. Funds

a

19. Estafa under Art. 315(2)(d) differs from B.P. 22 in that
A. Good faith is a valid defense in estafa but not in B.P. 22
B. Good faith is a valid defense in B.P. 22 but not in estafa
C. There must be a pre-existing obligation to be convicted under estafa
D. There must be a pre-existing obligation to be convicted under B.P. 22

a

21. Can a person be held liable criminally for both BP 22 and estafa?
A. Yes, at the option of the prosecution.
B. Yes, at all times.
C. No, since it will be violate the principle on double jeopardy.
D. No, unless it is filed simultaneously.

a

25. Statement 1: Damage to the offended party and deceit of the offender are essential elements under estafa.
Statement 2: The indorser of a check is not liable under B.P. 22.
A. Only statement 1 is true
B. Only statement 2 is true
C. Both statements are true
D. Both statements are false

c

27. Person X is a lessee of a property. His rent for the period of December 2022 is due on 15 January 2023. On 15 January 2023, since Person X had no cash, he issued a check. In this case, the check was issued _________.
A. For value
B. For account
C. For credit
D. For fund

b

32. For presumption of knowledge of insufficiency to arise, the check must be presented within _________ from the ________ of the check.
A. 90 days; date
B. 90 banking days; issuance
C. 90 weekdays; date
D. 90 banking days; date

a

37. What is the evidence or defense that may be used by the issuer of a worthless check to destroy the prima facie evidence that he has knowledge of insufficiency of fund of the check?
A. The maker or drawer pays the holder thereof the amount due thereon, or makes arrangements for payment in full by the drawee of such check within (10) banking days after receiving notice that such check has not been paid by the drawee.
B. The maker or drawer pays the holder thereof the amount due thereon, or makes arrangements for payment in full by the drawee of such check within (15) banking days after receiving notice that such check has not been paid by the drawee.
C. The maker or drawer pays the holder thereof the amount due thereon, or makes arrangements for payment in full by the drawee of such check within (5) banking days after receiving notice that such check has not been paid by the drawee.
D. The maker or drawer pays

c

40. Where there are no sufficient funds in or credit with the bank, such fact
A. must always be explicitly stated in the notice of dishonor or refusal.
B. may be implied from the notice of dishonor or refusal.
C. may either be stated or inferred from the notice of dishonor.
D. the law is silent.

a

41. Statement 1: The maker's or drawer's knowledge of lack or insufficiency of funds is a conclusive presumption if the check is dishonored.
Statement 2: The law provides that the presumption of knowledge of lack or insufficiency of funds does not arise when the issuer pays the amount of the check or makes arrangement for its payment within five calendar days after receiving the notice of dishonor
A. Only statement 1 is true
B. Only statement 2 is true
C. Both statements are true
D. Both statements are false

d

45. Which is not a duty of the drawee in case it is presented with a bouncing check?
A. Write, print or stamp the reason for dishonor or refusal to pay.
B. Use plain language in writing, printing or stamping the reason for dishonor or refusal.
C. Where there are no sufficient funds in or credit with the drawee bank, such fact shall always be explicitly stated in the notice of dishonor or refusal.
D. Send a notice of dishonor for non-payment to the payee via registered mail.

d

47. Statement 1: Receipt of the notice of dishonor by the maker or drawer is an element under B.P. 22.
Statement 2: One of the elements of B.P. 22 is knowledge of the maker or drawer that, at the date of presentment of the check, he or she does not have sufficient funds in or credit with the drawee bank for payment of the check in full upon its presentment.
A. Only statement 1 is true
B. Only statement 2 is true
C. Both statements are true
D. Both statements are false

d

48. Elements of B.P. 22 include
A. Intent to deceive or defraud another person
B. Pre-existing obligation or contract
C. The indorsement of any check to apply to account or for value
D. Subsequent dishonor of the check by the bank for insufficiency of funds or credit

d

49. Under B.P. 22, when the check is drawn by a corporation, who will be liable for issuance of a worthless check?
A. The person/s in possession of the checkbook
B. The officers of the corporation
C. The president of the corporation
D. The person/s who actually signed the check

d

51. Who may incur liability under Art. 315(2)(d)?
A. Only the drawer is liable
B. The indorsee may also be held liable
C. The indorser may be held liable
D. Both the drawer and the indorsee may be liable

d

53. When refusing to pay the same to the holder of the check upon his presentment thereof, it shall be the duty of the ________ to cause to be written, printed, or stamped in plain language thereon or attached thereto the reason for the dishonor or refusal to pay the same.
A. Drawer
B. Drawee
C. Indorser
D. Maker

b

54. Statement 1: In the first element of the offense under BP 22, the bouncing check must be issued to apply for value. Statement 2: In the first element of the offense under BP 22, the bouncing check must be issued to apply on account.
A. Only statement 1 is true.
B. Only statement 2 is true.
C. Both statements are true.
D. Both statements are false.

d

56. To secure a conviction under B.P. 22, all elements must be based on
A. Probable cause
B. Proof beyond reasonable doubt
C. Preponderance of evidence
D. Circumstantial evidence

b

58. Violation of BP 22 is categorized as a
A. Crime against public interest
B. Crime against property
C. Crime against persons
D. Crime against public moral

a

59. In which of the following situations may prosecution under BP 22 prosper?

A. Person X makes and issues a worthless check for value.
B. Person X makes a worthless check and keeps it in his drawer.
C. Person X draws a worthless check and brings it to class for demonstration purposes.
D. Person X issues a worthless check for value.

a

60. Statement 1: Under violation of BP 22, liability or prosecution under it shall be without prejudice to any liability for violation of any provision of the Revised Penal Code.
Statement 2: Under the Revised Penal Code on estafa by postdating or issuing a worthless check, liability or prosecution under it shall be without prejudice to any liability for violation of any provision of the BP 22.
A. Only statement 1 is true.
B. Only statement 2 is true.
C. Both statements are true.
D. Both statements are false.

a

61. Issuance of worthless checks may be punishable under
A. B.P. 22 only
B. Art. 315(2)(d) only
C. Both B.P. 22 and Art. 315(2)(d)
D. Either B.P. 22 or Art. 315(2)(d) since one bars or precludes the other

c

64. Under BP 22, which of the following is not prima facie evidence in case the drawee bank dishonors the check?
A. The making or issuance of said check.
B. The due presentment to the drawer for payment.
C. The dishonor of the check.
D. The check was properly dishonored for the reason written, stamped or attached by the drawee on such dishonored check.

b

65. An element of B.P. 22 cases is the knowledge of the maker, drawer, or issuer at the _________________ that he or she does not have sufficient funds or credit with the drawee bank for the payment of the check in full upon its presentment.
A. Date of presentment of check
B. Date of opening of account
C. Time of issue
D. Date of check

c

66. Statement 1: B.P. 22 is malum in se and Estafa under Art. 315(2)(d) is malum prohibitum.
Statement 2: B.P. 22 is a crime against public interest and estafa is a crime against persons.
A. Only statement 1 is true
B. Only statement 2 is true
C. Both statements are true
D. Both statements are false

d

67. The notice of dishonor
A. must be in writing.
B. may be in writing or verbally communicated.
C. may be verbally communicated.
D. must be both in writing and verbally communicated.

a

69. Statement 1: In proving the element of knowledge under BP 22, the prosecution must be able to show actual knowledge that at the time of the issuance of the check, the maker or drawer knew that he does not have sufficient funds in or credit with the drawee bank.
Statement 2: Under BP 22, the maker or drawer of the bouncing check may absolve himself of any liability under BP22 by paying the amount due thereon within five banking days after receiving the notice that such check has not been paid by the drawee.
A. Only statement 1 is true.
B. Only statement 2 is true.
C. Both statements are true.
D. Both statements are false.

b

70. On 05 January 2023, Person X issues a check on even date in favor of Person Y, drawn against Bank Z. On 12 January 2023, Person Y enchased the check, but the same was dishonored by Bank Z. On 13 January 2023, Bank Z notified Person X by mail, which was received by Person X on 16 January 2023. Until when can Person X make good of the check to be absolved from any liability under BP 22?
A. 20 January 2023
B. 21 January 2023
C. 22 January 2023
D. 23 January 2023

d

73. Which of the following is not an element of criminal violation of BP 22 on the issuance of worthless checks?
A. There must be making, drawing, and issuance of any check to apply for account or for value.
B. There must be knowledge of the maker, drawer, or issuer that at the time of issue he does not have sufficient funds in or credit with the drawee bank for the payment of the check in full upon its presentment.
C. There must be an intent to commit fraud upon the issuance of worthless check.
D. There must be subsequent dishonor of the check by the drawee bank for insufficiency of funds or creditor dishonor for the same reason had not the drawer, without any valid cause, ordered the bank to stop payment.

c

76. Under B.P. 22, this refers to an arrangement or understanding with the bank for payment of a check
A. Certification
B. Credit
C. Contract
D. Condition precedent

b

78. Which of the following is correct in case the drawer or maker issues a stop payment order payment on the worthless check prior to the presentment for payment by the payee?
A. The drawee bank is no longer obligated to comply with its duties under BP 22.
B. The drawee shall state in the notice that there were no sufficient funds in or credit with such bank for the payment in full of such check, if such be the fact.
C. The drawee bank must ignore the stop payment order and encash the check.
D. The drawee bank shall immediately notify the maker once the payee presents the check and await for further instructions within five banking days.

b

1. BP 22 covers the issuance of
A. Bills of exchange
B. Personal checks
C. Promissory notes
D. Loan agreements

b

7. Person X may be liable under BP22 if he
A. Draws and issues a worthless check
B. Draws a worthless check
C. Indorses a worthless check
D. Issues and indorses a worthless check

a

8. At the time of the issuance of check, Person X knew that he had insufficient funds in his bank account to
answer for the full amount of the check. Which of the following statements is correct.
A. Person X can never be held liable under BP 22.
B. Person X is liable under BP 22 if he fails to keep sufficient funds in his bank account at the time of
presentment.
C. Person X is not liable under BP 22 at the time of the issuance of the check.
D. Person X is liable under BP 22 because he was not able to show good faith in the issuance of the check.

c

9. On 26 May 2023, Person X issued a check dated 28 May 2023 in favor of Person Y, drawn against Bank Z. On 29 May 2023, Person Y enchased the check, but the same was dishonored by Bank Z. On 30 May 2023, Bank Z notified Person X by mail, which was received by Person X on 31 May 2023. Until when can Person Y deposit the check with Bank Z so that the presumption of knowledge under BP 22 will arise?
A. 25 August 2023
B. 26 August 2023
C. 23 November 2023
D. 14 November 2023

b

10. The following are the primary parties to a check:
A. Drawee, payee and indorser
B. Drawee, indorser and indorsee
C. Drawer, drawee and payee
D. Drawer, payee and indorsee

c

14. For the purposes of BP 22, presentment of the check to the bank by the payee is
A. Presentment for acceptance
B. Presentment for payment
C. Presentment for issuance
D. Presentment for delivery

b