Recuerdo argued that her act of issuing the dishonored checks does not constitute the offense of Estafa considering that the subject checks were not issued and delivered to Floro simultaneous to the purchase of the pieces of jewelry, but only several days thereafter, when she had already thoroughly examined the jewelry and is fully satisfied of its fine quality; that out of the 17 subject checks, nine were honored by the drawee banks; that she made partial payments of the amounts of the subject checks while the case was pending in the CA, contrary to the findings of the courts that she acted with deceit when she drew and delivered the checks.
In this scenario, Andres can be held liable for Estafa because he issued a check knowing it to be without sufficient funds to pay the items he bought from Bonifacio.Simply put, you are liable for BP 22 whether you issue a check for a present or a past obligation. Her practice areas include intellectual property law, family law, real estate transactions, corporate law, immigration, taxation and litigation.For more information about this topic, you may contact Atty. She also specializes in estate planning and handles judicial and extrajudicial settlement of estates.Violation of BP 22 can be filed against any person when the following are present: 1.Making, drawing and issuance of any check to apply for account or for value; 2.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.How can a person be held guilty for Violation of BP 22?Same with Estafa, the presence of all these requirements is important. Note that knowledge of insufficiency of funds is presumed when it is proved that the issuer received a notice of dishonor and that within 5 days from receipt thereof, he failed to pay the amount of the check or make arrangement for its payment. Meaning, the mere issuance of an unfunded check already consummates the crime.Using the same example above, Andres can also be charged for Violation of BP 22, other than Estafa, because BP 22 cases also cover issuances of bouncing checks for value received. It is Estafa when, among others, you issue an unfunded check with fraudulent intent in consideration of something of value you received.315 of Revised Penal Code for, with intent to gain and by means of deceit, false pretenses and fraudulent manifestations, and pretending to have sufficient funds with the Unitrust Makati Commercial Center Branch, PCI Bank Makati-De La Rosa Branch, and Prudential Bank Legaspi Village Branch, did willfully, unlawfully and feloniously prepare, draw, make and issue checks amounting to P132,000, P78,000, and P600,000, to complaining witness Yolanda G.Issue: Whether or not petitioner Recuerdo committed the crime of estafa.