1. Is a bounced check issued to pay pre-existing obligation covered by BP 22?

Yes, a bounced check issued to pay pre-existing obligations are covered by BP 22.
Under BP 22, if the check bounced or was dishonored upon presentation for payment, the person
who issued the check shall be liable under the law.
A check that was issued to pay pre-existing obligation which subsequently dishonored for
insufficient funds.
Is it also covered by Art. 315 (Estafa) of the RPC?

No, it is not covered by Art. 315 of the RPC.

An interpretation of the said article would mean that the issuance by the offender of the check,
postdated or not, prior to or simultaneous with the transaction, must be for the purpose of
contracting the obligation. If it was issued in payment of a preexisting obligation, no estafa is
committed.

Is it possible that an accused be prosecuted both under BP 22 and Art. 315, RPC for the single act
of issuing a check that later on bounced?

Yes, under Section 5 of said law, prosecution under BP 22 shall be without prejudice to any liability
for violation of any provision of the RPC. This applies only if the payment is not for a preexisting
obligation because such is not covered by Art. 315.

2. Differentiate BP 22 from Estafa under Art. 315 par. 2 (d), RPC

In BP 22, the reason for the issuance of the check must be a payment for account or for value while
in Estafa under RPC, the reason must be for the purpose of contracting an obligation, there must be
no preexisting obligation.

In BP 22, deceit and damage are not elements of the crime, the gravamen of the offense is the
issuance of the unfunded check while in Estafa under RPC, false pretenses or deceit and damage, or
at least intent to cause damage, are essential and the false pretenses mist be prior to or simultaneous
with the damage caused.

In BP 22, the drawer is given 5 days after receiving notice of dishonor within which to pay or make
arrangement for payer while in estafa, the drawer has only 3 days after receiving notice of dishonor.

In BP 22, mere issuance of a check that is dishonored gives rise to the presumption of knowledge of
insufficiency of funds while there in estafa, there is no presumption of knowledge.

In BP 22, it pertains that there are no sufficient funds at the time of the issuance or at the time of
presentment if made within 90 days, while in estafa under RPC, it refers to a situation where there
are no funds or there are insufficient funds at the time of issuance.

3. What are the punishable acts defined in BP 22?

The offenses punished under BP 22 are:
1. Making or drawing and issuing a check knowing at the time of issue that he does not have
sufficient funds. Its elements are the following:
a. That a person makes or draws and issues any check to apply on account or for value;
 b. That the person knows that at the time of issue he does not have sufficient funds or credit
with the drawee bank for the payment of such check upon its presentment; and
c. That the 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.
2. Failing to keep sufficient funds to cover the full amount of the check
a. That a person has sufficient funds with the drawee bank when he makes or draws and
issues a check;
b. That he fails to keep sufficient funds or to maintain a credit to cover the full amount if
presented within a period of 90 days from the date of appearing thereon; and
c. That the check is dishonored by the drawee bank.

4. Discuss/digest the ff cases:

a. Vaca vs. CA, GR No. 131714, Nov 16, 1998
b. Moslares vs. CA GR. No. 129744, 26 June 1998
c. Domagsang vs. CA, GR No. 139292, 05 December 2000
d. Llamado vs. CA, GR No. 99032, 26 March 1997
e. Lao vs. CA, GR No. 119178, 20 June 1997

5. Is plea bargaining allowed in a case involving violation of Comprehensive Dangerous Drugs Act?

No. Section 23 specifically provides that any person charged under any provision of the Dangerous
Drugs Act regardless of the imposable penalty shall not be allowed to avail of the provision on plea
bargaining.

6. Which court has a jurisdiction to try and hear cases involving violations of Dangerous Drugs Act if
the accused is a government official with a salary of SG 27 or above and the crime was committed
in connection with the performance of his official duties?

The Regional Trial Courts designated by the SC to try and hear cases involving violations of RA 9165
has jurisdiction over government officials with salary grade of SG 27 or above. The said law specifically
provides for such jurisdiction and the SC held in De Lima vs. Guerrero that it is the RTC who has
jurisdiction over drug cases involving public officers since there is a special law which provides for
such jurisdiction of the Regional Trial Courts.

7. Discuss/digest the following cases:

a. Pp. vs. Doria, GR No. 125299, 22 January 1999
b. Pp. vs. Ruiz, GR No. 173480, 25 February 2009
c. Pp. vs. Alejandro, GR No. 176350, 10 August 2011
d. Pp. vs. Pringas, GR No. 175928, 31 August 2007
e. Pp. vs. Sta. Maria, GR No. 171019, 23 February 2007

8. What are the specific acts of violence under RA 9262?

The specific acts of violence are enumerated in Section 5 of RA 9262. the crime of violence against
women and their children is committed through any of the following acts:
a. Causing physical harm to the woman or her child;

b. Threatening to cause the woman or her child physical harm;

c. Attempting to cause the woman or her child physical harm;

d. Placing the woman or her child in fear of imminent physical harm;

e. Attempting to compel or compelling the woman or her child to engage in conduct which the
woman or her child has the right to desist from or desist from conduct which the woman or
her child has the right to engage in, or attempting to restrict or restricting the woman's or
her child's freedom of movement or conduct by force or threat of force, physical or other
harm or threat of physical or other harm, or intimidation directed against the woman or child.
This shall include, but not limited to, the following acts committed with the purpose or effect
of controlling or restricting the woman's or her child's movement or conduct:

(1) Threatening to deprive or actually depriving the woman or her child of custody to
her/his family;

(2) Depriving or threatening to deprive the woman or her children of financial support
legally due her or her family, or deliberately providing the woman's children insufficient
financial support;

(3) Depriving or threatening to deprive the woman or her child of a legal right;

(4) Preventing the woman in engaging in any legitimate profession, occupation, business
or activity or controlling the victim's own mon4ey or properties, or solely controlling the
conjugal or common money, or properties;

f. Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her
actions or decisions;

g. Causing or attempting to cause the woman or her child to engage in any sexual activity which
does not constitute rape, by force or threat of force, physical harm, or through intimidation
directed against the woman or her child or her/his immediate family;

h. Engaging in purposeful, knowing, or reckless conduct, personally or through another, that

alarms or causes substantial emotional or psychological distress to the woman or her child.
This shall include, but not be limited to, the following acts:

(1) Stalking or following the woman or her child in public or private places;
 (2) Peering in the window or lingering outside the residence of the woman or her child;

(3) Entering or remaining in the dwelling or on the property of the woman or her child against
her/his will;

(4) Destroying the property and personal belongings or inflicting harm to animals or pets of
the woman or her child; and

(5) Engaging in any form of harassment or violence;

i. Causing mental or emotional anguish, public ridicule or humiliation to the woman or her
child, including, but not limited to, repeated verbal and emotional abuse, and denial of
financial support or custody of minor children of access to the woman's child/children.

9. Discuss the case of Pp. vs. Genosa, GR No. 135981, 15 January 2004

10. What are the prohibited acts under the following laws?
a. RA 4200
Section 1. It shall be unlawful for any person, not being authorized by all the parties to any
private communication or spoken word, to tap any wire or cable, or by using any other device
or arrangement, to secretly overhear, intercept, or record such communication or spoken
word by using a device commonly known as a dictaphone or dictagraph or dictaphone or
walkie-talkie or tape recorder, or however otherwise described:

It shall also be unlawful for any person, be he a participant or not in the act or acts penalized
in the next preceding sentence, to knowingly possess any tape record, wire record, disc
record, or any other such record, or copies thereof, of any communication or spoken word
secured either before or after the effective date of this Act in the manner prohibited by this
law; or to replay the same for any other person or persons; or to communicate the contents
thereof, either verbally or in writing, or to furnish transcriptions thereof, whether complete
or partial, to any other person: Provided, That the use of such record or any copies thereof as
evidence in any civil, criminal investigation or trial of offenses mentioned in section 3 hereof,
shall not be covered by this prohibition.

Section 2. Any person who willfully or knowingly does or who shall aid, permit, or cause to be
done any of the acts declared to be unlawful in the preceding section or who violates the
provisions of the following section or of any order issued thereunder, or aids, permits, or
causes such violation shall, upon conviction thereof, be punished by imprisonment for not
less than six months or more than six years and with the accessory penalty of perpetual
absolute disqualification from public office if the offender be a public official at the time of
the commission of the offense, and, if the offender is an alien he shall be subject to
deportation proceedings.
b. RA 11053
Section 3 of the Act provides that all forms of hazing shall be prohibited in fraternities,
sororities, and organizations in schools, including citizens’ military training and citizen’s
army traning.
c. RA 7877
Section 3. Work, Education or Training -Related, Sexual Harassment Defined. - Work,
education or training-related sexual harassment is committed by an employer, employee,
manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or
any other person who, having authority, influence or moral ascendancy over another in a
work or training or education environment, demands, requests or otherwise requires any
sexual favor from the other, regardless of whether the demand, request or requirement for
submission is accepted by the object of said Act.

(a) In a work-related or employment environment, sexual harassment is committed when:

(1) The sexual favor is made as a condition in the hiring or in the employment, re-employment
or continued employment of said individual, or in granting said individual favorable
compensation, terms of conditions, promotions, or privileges; or the refusal to grant the
sexual favor results in limiting, segregating or classifying the employee which in any way
would discriminate, deprive ordiminish employment opportunities or otherwise adversely
affect said employee;

(2) The above acts would impair the employee's rights or privileges under existing labor laws;
or

(3) The above acts would result in an intimidating, hostile, or offensive environment for the
employee.

(b) In an education or training environment, sexual harassment is committed:

(1) Against one who is under the care, custody or supervision of the offender;

(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the
offender;

(3) When the sexual favor is made a condition to the giving of a passing grade, or the granting
of honors and scholarships, or the payment of a stipend, allowance or other benefits,
privileges, or consideration; or

(4) When the sexual advances result in an intimidating, hostile or offensive environment for
the student, trainee or apprentice.
 Any person who directs or induces another to commit any act of sexual harassment as herein
defined, or who cooperates in the commission thereof by another without which it would not
have been committed, shall also be held liable under this Act.

d. RA 1829
Section 1. The penalty of prision correccional in its maximum period, or a fine ranging from
1,000 to 6,000 pesos, or both, shall be imposed upon any person who knowingly or willfully
obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation
and prosecution of criminal cases by committing any of the following acts:

(a) preventing witnesses from testifying in any criminal proceeding or from reporting the
commission of any offense or the identity of any offender/s by means of bribery,
misrepresentation, deceit, intimidation, force or threats;

(b) altering, destroying, suppressing or concealing any paper, record, document, or object,
with intent to impair its verity, authenticity, legibility, availability, or admissibility as evidence
in any investigation of or official proceedings in, criminal cases, or to be used in the
investigation of, or official proceedings in, criminal cases;

(c) harboring or concealing, or facilitating the escape of, any person he knows, or has
reasonable ground to believe or suspect, has committed any offense under existing penal laws
in order to prevent his arrest prosecution and conviction;

(d) publicly using a fictitious name for the purpose of concealing a crime, evading prosecution
or the execution of a judgment, or concealing his true name and other personal circumstances
for the same purpose or purposes;

(e) delaying the prosecution of criminal cases by obstructing the service of process or court
orders or disturbing proceedings in the fiscal's offices, in Tanodbayan, or in the courts;

(f) making, presenting or using any record, document, paper or object with knowledge of its
falsity and with intent to affect the course or outcome of the investigation of, or official
proceedings in, criminal cases;

(g) soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining from,
discounting, or impeding the prosecution of a criminal offender;

(h) threatening directly or indirectly another with the infliction of any wrong upon his person,
honor or property or that of any immediate member or members of his family in order to
prevent such person from appearing in the investigation of, or official proceedings in, criminal
cases, or imposing a condition, whether lawful or unlawful, in order to prevent a person from
appearing in the investigation of or in official proceedings in, criminal cases;
(i) giving of false or fabricated information to mislead or prevent the law enforcement
agencies from apprehending the offender or from protecting the life or property of the victim;
or fabricating information from the data gathered in confidence by investigating authorities
for purposes of background information and not for publication and publishing or
disseminating the same to mislead the investigator or to the court.