Elements to prove violation of BP 22
In order to successfully hold an accused liable for violation of BP 22, the following essential elements must be present: /checkwriting-02652edafc474abebe126a978d11000b.JPG)
"Of the three (3) elements, the second element is the hardest to prove as it involves a state of mind. Thus, Section 2 of BP 22 creates a presumption of knowledge of insufficiency of funds, which, however, arises only after it is proved that the issuer had received a written notice of dishonor and that within five days from receipt thereof, he failed to pay the amount of the check or to make arrangements for its payment.[2]
(1) the making, drawing, and issuance of any check to apply for account or for value;
(2) the knowledge of the maker, drawer, or issuer that at the time of issue he does not have sufficient funds in credit with the drawee bank for the payment of the check in full upon its presentment; and
(3) the subsequent dishonor of the check by the drawee bank for insufficiency of funds or credit or dishonor for the same reason had not the drawer, without any valid cause, ordered the bank to stop payment.[1]
"Of the three (3) elements, the second element is the hardest to prove as it involves a state of mind. Thus, Section 2 of BP 22 creates a presumption of knowledge of insufficiency of funds, which, however, arises only after it is proved that the issuer had received a written notice of dishonor and that within five days from receipt thereof, he failed to pay the amount of the check or to make arrangements for its payment.[2][1] Rico v. People, 440 Phil. 540, 551 (2002).
[2] Nissan Gallery-Ortigas v. Felipe, G.R. No. 199067, November 11, 2013.
