Monday, October 2, 2017

Where should a BP 22 Case Be Filed?

Violation of B.P. Blg. 22 is in the nature of a continuing crime. Venue is determined by the place where the elements of making, issuing, or drawing of the check and delivery thereof are committed. Thus, as explained in People vs. Yabut, "[t]he theory is that a person indicted with a transitory offense may be validly tried in any Jurisdiction where the offense was in part committed. x x x The place where the bills were written, signed, or dated does not necessarily fix or determine the place where they were executed. What is of decisive importance is the delivery thereof. The delivery of the instrument is the final act essential to its consummation as an obligation."

(IBASCO vs. COURT OF APPEALS, G.R. No. 117488. September 5, 1996)


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