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This is a criminal complaint for ESTAFA and for violation of B. By post-dating a check, or issuing a check in payment of an obligation when the offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of check.

22 involving the sum of Five Million Pesos (P5,000,000.00) arising from various checks issued by the respondent to the person who shall defraud another by any of the means mentioned therein shall be punished by the penalty of prision correccional in its maximum period to prision mayor in its minimum period, if the amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos, and if such amount exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each additional 10,000 pesos; but the total penalty which may be imposed shall not exceed twenty years; provided that the fraud be committed by any of the following means: (b) By misappropriating or converting, to the prejudice of another, money, goods, or any other personal property received by the offender in trust or on commission, or for administration, or under any other obligation involving the duty to make delivery of or to return the same, even though such obligation be totally or partially guaranteed by a bond; or by denying having received such money, goods, or other property.

There are two legal provisions regarding the issuance of checks in our laws and both are criminal in nature. The offender must be able to obtain money or property from the offended party because of the issuance of the check or that the person to whom the check was delivered would not have parted with his money or property had there been no check issued to him.

The first falls under the crime of estafa and is committed by post-dating a check, or issuing a check in payment of an obligation when the offender therein were not sufficient to cover the amount of the check. Stated otherwise, the check should have been issued as an inducement for the surrender by the party deceived of his money or property and not in payment of a pre-existing obligation.

Appellant was charged of violation of Batas Pambansa Bilang 22 (the Bouncing Checks Law) in Criminal Cases Nos.

Appellant went to JCTs office and Torres showed her the check that bounced.

Appellant pleaded that Torres accept two checks to replace the first check that was dishonored, and Torres agreed.

The failure of the drawer of the check to deposit the amount necessary to cover his check within three (3) days from receipt of notice from the bank and/or the payee or holder that said check has been dishonored for lack of insufficiency of funds shall be prima facie evidence of deceit constituting false pretense or fraudulent act. 4885, approved June 17, 1967.)Article 316 (other forms of swindling) of the Revised Penal Code provides that the penalty of arresto mayor in its minimum and medium periods and a fine of not less than the value of the damage caused and not more than three times such value, shall be imposed upon “any person who, to the prejudice of another, shall execute any fictitious contract.”Article 318 (other deceits) of the Revised Penal Code provides that the penalty of arresto mayor and a fine of not less than the amount of the damage caused and not more than twice such amount shall be imposed upon any person who shall defraud or damage another by “any other deceit not mentioned in the preceding articles of this chapter.” , which check is subsequently dishonored by the drawee bank for insufficiency of funds or credit or would have been dishonored for the same reason had not the drawer, without any valid reason, ordered the bank to stop payment, shall be punished by imprisonment of not less than thirty days but not more than one (1) year or by fine of not less than but not more than double the amount of the check which fine shall in no case exceed Two Hundred Thousand pesos, or both such fine and imprisonment at the discretion of the court.

The same penalty shall be imposed upon any person who having sufficient funds in or credit with the drawee bank when he makes or draws and issues a check, shall fail to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within a period of ninety (90) days from the date appearing thereon, for which reason it is dishonored by the drawee bank.




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