Estafa Vs B.P.22 – What Is the Difference?

We’re pretty sure there’s a point in time that you became party to a transaction, either as payee or payer. Of course as payee, receiving cash is much preferred as you are sure that your payment was given to you in full sans any further action needed from your end. Now as payer, issuing a check is so much more convenient, especially for substantial transactions, as you would not have to worry about bringing cash and making sure that all your expenses are accounted and debited for, up to the last centavo.

It’s great if all transactions went smoothly without any hitch. However, with both parties making and receiving payment all in good faith. But what if you were conned by someone you had the mistake of trusting? Or what if you issued a check as a show of good faith to close out on a deal but at the time of issuance, the account has insufficient funds and you made a mental note to replenish the account as soon as you got paid. Alas, you then notice that your check bounced.

The above instances had surged over the years and has caused an unfortunate chain reaction which prompted the filing of either or both the following cases: Estafa and Violation of Batas Pambasa (BP) 22 or the Bouncing Checks Law.

Estafa Through Issuance of Unfunded Checks
The crime of Estafa is punished under the Revised Penal Code. One can be held guilty for Estafa by means of issuing a bouncing check with the use of false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud:
“By postdating a check, or issuing a check in payment of an obligation when the offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check. (Article 315(2)(d) of the Revised Penal Code as amended by R.A. 4885)”

How can a person be held guilty for Estafa?

Under the RPC, the following elements are necessary to hold a person guilty of Estafa:

  1. Postdating or issuance of a check in payment of an obligation contracted at the time the check was issued
  2. Insufficiency of funds to cover the check, and
  3. Damage to the payee thereof.

The most important element here is the damage caused. Absent any of the following elements, a person cannot be held liable for Estafa.

Case in point:

Andres owns and operates a trading good business and bought merchandise from Bonifacio and issued an unfunded check in consideration of the goods received.

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. The issuance of the bounced check here was with fraudulent intent.

Bouncing Checks Law (BP 22)
Unlike Estafa which has its basis under the RPC, BP 22 is enacted through a special law. A person can be charged for violation of BP 22 when he commits the following acts:

  1. Making or drawing and issuing any check to apply 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 such check in full upon its 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;
  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?

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. Knowledge of the maker, drawer, or issuer that at the time of issue he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment; and
  3. 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.

Same with Estafa, the presence of all these requirements is important. Otherwise, the charge of BP 22 will not attach. 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. Additionally, in BP 22, good faith is immaterial. 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.

Where does the disparity lie?

It is Estafa when, among others, you issue an unfunded check with fraudulent intent in consideration of something of value you received. Here intent is material and good faith may be used as a defense.

It is a case for Violation of BP 22 when you issue an unfunded check whether or not it is for an obligation you contracted prior to the issuance of the check or not. Simply put, you are liable for BP 22 whether you issue a check for a present or a past obligation.

Civil Rights Attorney – Fighting For the Justice You Deserve

The ultimate goal of a civil rights attorney is to make sure that those who are not treated fairly are given justice. In Los Angeles and the rest of the United States, there are laws in place which state that businesses and the government cannot discriminate against citizens over certain factors, such as gender, race, sexual orientation, or age. If you live in Southern California and feel you may be the victim of discrimination, you might need to see a Los Angeles civil rights attorney.

There are tons of Los Angeles civil rights attorneys. If you do a search on Google, you will find an (seemingly) enumerable number of attorney’s to choose from. But, as with many services, it’s often best to talk to people who’ve had good experiences with the attorney’s service. You can’t get a list of former clients, but what you can do is talk to people and ask for recommendations of attorneys with which they’ve had great experience with.

You should also meet with the attorney and have a serious consultation. Ask them any questions you have and tell them your story fully and truthfully (without getting too emotional). Make sure you understand how they charge and what you might expect to pay. Finally, understand that you are not required to accept services from any attorney, although you may be charged a fee from some law firms for the consultation.

Other questions you might find useful to ask are inquiries about their background, including where they went to school, which states they have practiced law in, and how long they have been practicing law in California. You want to make sure that whomever you choose as your lawyer, that they have particular experience dealing with your type of case. If you’re dealing with a firm, make sure that the person you have a consultation with is the person who will be handling your case, as many firms have several lawyers who handle the workload. This will ensure that you are given the best chance possible of winning your case.

After you’ve decided upon a good Los Angeles lawyer, you will likely feel much more secure in your situation with the support of a professional who understands your situation and is willing to fight for your rights.

Tips For Selecting a Defense Attorney

In this country, if you are arrested as a suspect in a crime, you need the help of a defense/criminal defense attorney. Even if you are guilty of the crime of which you are accused, a good defense attorney can negotiate a reduced sentence in exchange for an admission of guilt. If you are not guilty, you have little or no chance of proving this on your own. Therefore, if you are arrested in the San Diego area, you will want to choose a San Diego defense attorney.

Not all San Diego lawyers are created equal. Some specialize in corporate law, others in tax law, and still others in criminal law. Even among the latter, some attorneys focus on ways to prosecute a suspect while others focus on ways to get a suspect acquitted through introducing proof that a person could not have committed the crime, introducing enough possibility of innocence to create a “reasonable doubt”, or getting a person off because of a technicality.

You may find that many attorneys specialize in a particular area of expertise. For instance, one attorney may specialize in executive clients accused of a crime such as embezzlement, while another lawyer may specialize in robbery, man-slaughter/murder, etc. When searching for a San Diego criminal defense attorney, you will want to make sure that you hire a person who is experienced in whichever area of the law your case falls into. The more specific you are when you choose your attorney the better your chances are for your case. You can easily do an Internet search on Google or a similar site and typing in the exact sort of lawyer you want.

While you do have the option to use a lawyer that is appointed by the court, you might be better off selecting your own lawyer, as it is important to feel comfortable with your lawyer and trust his/her abilities.

Finding a Good Family Lawyer

Family lawyers are needed in different situations including divorce. Such situations are very stressful and if you are not careful, you may have a very hard time during such times. There is a need to have a professional with a deep understanding of the law on your side so as to handle different situations that you may not know how to handle completely. This can make the process much easier for you and the whole family.

When you are looking for a family lawyer, there are some qualities that should be outstanding. These will help you know whether the person you have chosen to represent you is capable of handling himself and the case at hand. Some important qualities include:

  1. Communication: the lawyer should be able to communicate and communicate well. This is very critical. The lawyer needs to be able to communicate in an easy and clear manner. When you have a lawyer, it is necessary that you are able to voice your expectations and concerns. It is the job of the lawyer to explain things clearly to you as well as those that have to do with the case and to give you expectations that are realistic. The lawyer should also be able to communicate with other parties to the case. Good communication leads to effective negotiations keeping costs down. A good communicator will also be very helpful should the case go to court.
  2. Experience and skills: while it is important to have an attorney to represent you, it is important that he is able to represent you well. So as to do this, skills are required. A case such a divorce can touch on many aspects of family life as we know it. This may include career, retirement, finances and so on. The lawyer should be experienced and very knowledgeable so as to make sure that all your interests are protected. Experience in family law cases is an added advantage especially if such a case has a lot of similarities with yours.
  3. Availability: when you are searching for a representative, make sure it is a person that is available in all the important points of your case. If he can’t be present all the time, he should have support available to cover when he has other matters to attend to. The lawyer should avail himself to respond to questions in a good and timely way, he should work with timeframes so as to reassure you of his dedication. He shouldn’t be too held up with pother cases so as to be able to pay attention to yours.
  4. Composure: your family lawyer should be able to maintain his composure at all times. This isn’t only about staying focused and calm, but also exhibiting a lot of self-control when in the courtroom or when dealing with other lawyers, even if he feels frustrated, your interests need to represent very strongly but he shouldn’t take things too personally when the turn of events isn’t completely to his favor.
  5. Support and resources: lawyers have other clients too, and it is not possible that they will always be available to answer questions every time something comes up. It helps when the lawyer has a team working with him so that even emergencies can be handled swiftly.

Get Justice With a Civil Rights Attorney

Do you think you may need a Phoenix civil rights attorney? Are you being harassed at work? Have you complained repeatedly, and are still not being taken seriously?

Harassment is a very real problem that many people suffer from-usually at work. A person who is harassed because of their gender, race, religious beliefs, sexual orientation, etc. may have tried bringing the problem up with a supervisor, but do not see any change in the behavior of the harasser(s). Unfortunately, this is a catch 22 situation, as quitting could cause serious financial hardship in the current economy, yet staying will result in endless upset for the victim, or even being fired for “complaining” excessively.

If you’re a victim of a similar circumstance, any Phoenix attorney would tell you that you may not be fired legally for complaining about poor work conditions. Harassment on the job is without a doubt a poor work condition.

If you are expecting a new baby and being told that you may not take time off from your job in order to bond with your infant, without being fired, you should know your rights. The FMLA, or family medical leave act ensures this right for you as an American citizen. Anyone who tells you differently is either ill informed or lying. This is against the law, and a Phoenix attorney can help.

Perhaps you have developed an illness which requires you to take frequent and unforeseen time off of work due to treatments, recovery, or a similar health reason; but your employer becomes annoyed and threatens to fire you if you continue to miss work. This, too, is a violation of your civil rights, as stated in the Americans with Disabilities Act. A Phoenix civil rights case may be justified if you have or are in this type of situation at your workplace.

If you believe that you have been or are currently going through a similar situation as one of the above mentioned cases, you should know that your rights need to be defended. Speak to a Phoenix attorney as soon as you can to find out how you can correct the situation.

Copyright Infringement in the Digital World

Downloading files from the internet is not a crime, but if you download files for free which you usually have to pay for, then there’s a problem. The piracy issue occurs when the copyright owners do not get the amount that they are due.

Piracy is the illegal copying and selling of copyrighted materials, but the common misconception is that people don’t think it matters because no one gets hurt. In reality, the evolution of piracy from burning CDs and DVDs to digital copying has affected the global economy. Pirating a physical copy or streaming illegally affects the livelihood of artists too.

Pirated copies are not always great

Most of the time, illegal copies do not have the same quality as the legal content. A pirated movie may have been recorded on a camcorder at the back of a cinema, so the quality is poor. Its content may be grainy or black and white at some parts. Copies downloaded from the internet on the other hand may suddenly stop at some parts and the sound quality can be very quiet and muffled.

Easy digital access

Downloading directly from the computer has become popular among internet users primarily because of the ease of access. Even with the number of sites that offer legal downloads, there are still file-sharing networks that offer free access to copyrighted materials. And it’s sad that many are active in some form of piracy, either through streaming, downloading, or the old school style of buying counterfeit DVDs.

In any case, piracy costs the entertainment industry. It is stealing from the businesses involved in the art. People must remember that nothing is free. Pirate sites make money through subscription costs or advertising when a consumer streams illegal content. The operators of these sites earn from sharing copyrighted materials that they do not own and have no permission to distribute.

How to minimize the problem?

Having internet service providers get on board in helping fight piracy and detect copyright infringements has always been a struggle. It would require content holders to educate people and private entities to be responsible, make them understand the importance of copyright, and encourage them to support different ways to consume content legally like going to the cinema or subscribing to Netflix and other video-on-demand sites.

Piracy may not be easy to kill but it can be reduced. Besides, with all the latest technology coming out, we only need to keep up. Also, there are entities that help fight piracy with the use of software to detect copyright infringements.

If Traveling to Chicago, Know the Details of Chicago Traffic and Signal Rules

Chicago speed limits vary, and on most city roads it is 30 mph. however, the interstate highways, but for the congested areas accept a 55 mph speed limit. In Chicago at a red light turning right after stopping when there is no oncoming traffic is permitted, yet ensure there are no restrictions posted. In case of doubts, patiently wait for the green. Cameras are installed at most major city intersections to catch drivers running red lights and are the cause to other infractions. Chicago is filled with several one-way streets, particularly in and around, surrounding the Loop, so it is very essential to look for alert signs and also for other cars.

Likewise, the laws for drunk-driving in Illinois is quite strict. Anyone caught with.08 or more blood-alcohol content while driving will have automatically his or her license seized, besides will be issued a ticket. In fact, the home states authorities will also get notified. Drivers having Illinois driver’s licenses may have their licenses suspended on the first offense for three months.

Traveling to Chicago indicates following several rules and one is the passengers must wear seat belts and even children under the age eight may wear the strap in the child-safety seats. This city also does not permit using cellular phones handheld devices and is considered illegal while driving in the city. Of course these restrictions are not the same in the suburbs, it varies. There is a must for the headlights in case you are using the windshield wipers. In Illinois the radar detectors are legal.

Visiting Chicago is interesting, if you are ready to walk short distances. Most tourist attractions are close by that it can be covered by walking or you can use public transportation. But, if you wish to drive here, you must be prepared to accept the rules of Chicago. However Chicago is relatively easy to find your way around as it is logically laid out city. Although there is traffic jams in rush hours and is frustrating as in other large cities, yet you have to accept the fact that the traffic runs smoothly at most day times. Chicagoans are always ready for unexpected delays and one thing is definite that throughout the summer and spring months at least few downtown street or one major highway is sure to go under repair. That is the reason it is commonly told that Chicago has two seasons, construction and winter.

Driving in Chicago, make sure to take a spin along the stretch between the Museum Campus and North Avenue as it is truly stunning. However, do not miss out the posted driving rules. Be prepared always for some taxi occasionally to cut or made an unexpected turn without giving any signal. Generally, on seeing yellow light, the drivers here take speed and so hearing to honking is common, especially if you fail to make a mad dash prior to the light turning red. As expected, the parking price is at premium and street parking throughout downtown is limited for 2 hours, but get a ticket from nominated pay box and stick it to your dashboard.

Finding a Tax Attorney is Easier Than You Think, With These Tips!

In times such as these, it is not uncommon for us to develop tax issues. With such problems arising, it increases the need to hire the services of a tax lawyer. Whichever area of the United States you live in-let’s say, Pennsylvania-you’ll be on the hunt for an attorney. In our example, it might be a Philadelphia tax lawyer.

The first thing you should do is start looking in resources to gather a list of candidates. The Internet is a wonderful place to search, as many professionals keep websites with their portfolio and contact information. Doing a simple search in Google, such as *your state/city* IRS tax attorney will yield plenty of results for you to add to your list.

The main thing is that you sort through the attorneys based on your needs. If you require a criminal tax attorney, you should try to weed through the rest so that you aren’t wasting your time interviewing attorneys who will likely say they can’t help you.

You can also ask around. A member of your family, a friend, or a colleague may have used a specific attorney in the past. Recommendations are helpful. You can easily tell if the potential candidate is a good one.

It is imperative that you meet the attorneys on your list. You may want to begin by calling them on the phone, and that is fine. However, a face to face meeting is always better. You can see how the two of you will get along.

You will also be able to see firsthand how these lawyers answer your questions. To that end, you need to ask a lot of questions. You should not be shy about this.

First of all, you have got to inquire about every lawyer’s qualifications. You want to know what schools they went to and how much experience they have. If any of the lawyers on your list have worked for the IRS, that is a plus. At the very least, the lawyer you ultimately choose should have experience in accounting.

Lawyer Advice – How To Find And Seek Legal Advice From A Lawyer

With the explosion of the internet, finding the lawyer that you need for your case just seem to be the next natural thing to do since the internet is the leading source of information. Not only that, the Internet also provides the necessary information that you need about the lawyers to engage the right person to take on the case. By doing a search in the search engine, you will get listing of lawyers in which you can narrow down your searches to those in your area.

As the legal system is a complex system, it is better to find a lawyer to represent you even though you can be spending a lot of money to seek legal advice from a lawyer. In fact, it may actually turn up to be a good investment that can save you a lot of time, money and effort.

As every lawyer specializes in different field of the law, it is very important to find the right one who has the expertise and experience to efficiently represent a client in regards to the legal problem. This is especially important when you need good legal advice to protect your financial interests, comply with government rules and regulation for your business or keeping your properties from fraudulent individuals.

Thus, if you really need legal advice from a lawyer, you should approach the lawyer early as they would need time to prepare and analyze your case. You will find that things will be much clearer to you after talking to the lawyer and you will have a better perspective of the situation. You would also have a better idea of the decision that you may undertook and the kind of consequences that came along if you took that course of action.

When engaging a lawyer, do also consider the various factors that determine your lawyer’s fee as you wouldn’t want to have a leave a ‘dent’ in your bank account. Some of the common factors that affect lawyer’s fees would include advice, outcome, overhead, experience, time and effort, difficulty of case, prominence of lawyer, geographical location.

Communicate with the lawyer and agree upon the type of payment that suits your paying capabilities before you commence with any legal proceedings. By doing so, will ensure that you will have a smooth relationship with your lawyer towards the success of your case.

Choosing Representation For Your Civil Rights Case

Every United States citizen has certain rights designated by the constitution. These are known as civil rights, listed in the first Ten Amendments to the Constitution (The Bill of Rights), which include the freedom of speech and religion, the right to bear arms, and the right to a speedy and public trial, to name a few. These rights are protected by law and any violation of them should be brought to justice. If you ever find that any of your rights are infringed, or that you are the victim of discrimination, you should immediately seek the services of a Houston civil rights lawyer.

A Houston civil rights attorney will need to go through the tedious legal process before the actual case goes to trial. There is a lot going on when a litigation starts. The whole point of litigation is to use the law and somehow get an out of court settlement.

When both parties manage to reach settlement lots of money is saved as well as lots of legal time. However there isn’t a way to know if the case will actually go or not go to trial. This is why as an initial process the client is interviewed and asked if action needs to be taken using legal methods. Once all the facts are collected an agreement is decided upon as to what the lawsuit will be about.

One of the benefits of choosing to pursue a civil rights case is that it not only serves justice to you, but it also helps to prevent infringement of the rights of other people. Even if you just stop one person from discrimination or other violations, that’s one less person who could breach other peoples’ rights.

If you believe that you have experienced violation of your freedom by either the government or another person, please get in contact with a Houston lawyer as soon as possible. The only way we can stop this from happening is to step up and correct the guilty party.