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Showing posts with the label bp 22

Case Digest: Alonto vs. People, G.R. No. 140078, December 9, 2004

                           Rule 115: Rights of the Accused  |  Criminal Procedure                             Right to be Informed of the Nature and Cause of the Accusation Facts: Angelina Zabala Alonto was found guilty of three (3) counts of violation of Batas Pambansa Bilang 22 (B.P. 22) or the "Bouncing Checks Law,"  The charges against the petitioner stemmed from three separate incidents where she issued checks to Violeta E. Tizon, knowing that she did not have sufficient funds in her account to cover the checks.  The petitioner pleaded not guilty to the charges, and the prosecution presented two witnesses: Violeta E. Tizon and Fernando Sardes. Tizon testified that the petitioner purchased jewelry from her and issued a check as partial payment, but the check was dishonored due to "account closed." The pet...

Case Digest: Dico vs. CA, G.R. No. 141669, February 28, 2005

                           Rule 115: Rights of the Accused  |  Criminal Procedure                             Right to be Informed of the Nature and Cause of the Accusation Facts: Jaime Dico was charged with three counts of violation of Batas Pambansa Bilang 22 (B.P. Blg. 22). The prosecution presented Lily Canlas, Collection Manager of Equitable Card Network, Inc., as its sole witness.  The defense presented two witnesses: Debbie Dy, Manager of Equitable Card Network, Inc., Cebu Branch, as a hostile witness, and the petitioner himself. The evidence showed that the accused issued checks to Equitable Card Network, Inc., which bounced due to "Account Closed." The complainant sent a letter to the accused demanding payment, but the accused refused to comply.  The accused admitted issuing the checks but claimed the...

Case Digest: Lozano vs. Martinez – 146 SCRA 323

                   Non-Impairment of Obligation of Contracts  | Constitutional Law Facts: The constitutionality of Batas Pambansa Bilang 22 (BP 22 for short), popularly known as the Bouncing Check Law, which was approved on April 3, 1979, is the sole issue presented by these petitions for decision. BP 22 punishes a person "who makes or draws and issues any check on account or for value, knowing at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of said check in full upon presentment, 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." Issue: WoN   Batas Pambansa Bilang 22 is unconstitutional for impairing the obligation of contracts. Held:  NO. Checks are not mere contracts. The freedom of...