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Section 1. Checks without sufficient funds. – 1.

Any person who makes or draws and issues any


check to apply on account or for value, 2.knowing 3.at the time of issue that he does not have
sufficient funds in or credit with the drawee bank for the payment of such check in full upon its
presentment, which 4.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 5.&6.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 a 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.

1. Any person who makes or draws and issues any check – regardless of the ownership
of the check? No, it should be the owner of the check because one who does not own
a check cannot make or issue a check. So, any person who owns a check makes or
issues a check.
(NATURAL OR JURIDICAL?)/ if a person forged the signature of the owner of
the check and uses the same on account or for value, who will be liable? The owner of
the check or the forger? Is a minor who owns a check allowed to issue such?
2. Knowing- (IF ONE DOES NOT HAVE KNOWLEDGE, NOT LIABLE?)
-(ONLY PERSONS WHO DELIBERATELY DRAWS OR ISSUES ANY CHECK IS
LIABLE)
-(THE ACT IS WITH THE INTENT TO DEFRAUD ANOTHER BY ISSUING A
CHECK WITHOUT SUFFICIENT FUNDS)
3. at the time of issue- (NOT AFTER THE 3-DAY CLEARANCE) (ON DATE CHECKS)
4. check is subsequently dishonored -(CHECK MUST BE DISHONORED OTHERWISE,
NOT LIABLE) (IS THERE ANY PROOF OF DISHONOR NEEDED)
5. drawer, without any valid reason, ordered the bank to stop payment- (THE DRAWER
ORDERS THE BANK= THE DRAWER MAKES THE INITIATIVE TO STOP THE
PAYMENT, SO THE DRAWER HAS SUFFICIENT FUND BUT WITHOUT A VALID
REASON STOPS THE PAYMENT)
6. without any valid reason = what reasons are valid and what are not?

http://lawlibrary.chanrobles.com/index.php?option=com_content&view=article&id=85899:62265&cati
d=1612&Itemid=566

https://tiongcosiaobellolaw.com/2017/05/01/bp-22-defanged/

https://pdfs.semanticscholar.org/52cc/cdc564f2983c9b8c7c31026f07a403ea0b52.pdf

https://divinalaw.com/checks-and-crosses/

https://www.academia.edu/35954877/Culler_Jonathan_-
_On_Deconstruction_Theory_and_Criticism_after_Structuralism

https://newderrida.wordpress.com/2007/11/19/of-grammatology/

The same penalty shall be imposed upon any person who, 1. having sufficient funds in or credit with
the drawee bank when he makes or draws and issues a check, 2. 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.

1. having sufficient funds- DRAWEE HAS SUFFICIENT FUNDS AT THE TIME OF MAKING
OR ISSUING A CHECK/ WHAT DOES SUFFICIENT FUNDS CONSTITUTE?
2.

Where the check is drawn by a corporation, company or entity, the person or persons who actually
signed the check in behalf of such drawer shall be liable under this Act.

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