Extraterritorial Liability Checks
The issue of bounced checks is a significant concern in the Philippine legal landscape, particularly under Batas Pambansa Blg. 22, also known as the Bouncing Checks Law. The law seeks to promote trust and confidence in the issuance and use of checks, and it imposes penalties for the making or issuance of a check that is later dishonored due to insufficiency of funds or a closed account. This article discusses the intricacies of extraterritorial liability under this law, focusing on scenarios where the issuer of the check is residing in a foreign country.
Issuance and Notice of Dishonor
Under BP 22, upon the dishonor of the check, the drawee bank is mandated to issue a notice of dishonor to the drawer. Following this, the drawer has five banking days to make the check good or face penalties. This notice is crucial for establishing criminal liability.
Service of Notice Abroad
The service of notice becomes complicated when the drawer is located in a foreign country. According to Philippine jurisprudence, the notice of dishonor may be sent via registered mail to the last known address of the drawer. However, actual receipt of the notice by the drawer is essential for prosecution. If the drawer can prove non-receipt, they may evade liability under BP 22.
Legal Consequences and Jurisdiction
If a criminal case is filed in the Philippines, the court must establish its jurisdiction over the accused. Being in another country doesn't automatically exempt the accused from liability. However, the enforcement of any judgment becomes a complex issue that might involve international laws and treaties.
Extradition and Deportation
Deportation of the accused to face charges in the Philippines is possible but generally unlikely solely for bounced checks. Extradition depends on existing treaties and the nature of the crime. Financial crimes like issuing bounced checks may not usually merit extradition unless they are part of larger, more severe financial fraud schemes.
Defense and Strategies
Challenge Service of Notice: A key defense would be challenging the proper service of the notice of dishonor.
Jurisdictional Issues: One could raise jurisdictional defenses, particularly when the check transaction has little or no connection to the Philippines.
Statute of Limitations: BP 22 offenses have a statute of limitations, and if a significant time has passed, the accused could use this as a defense.
Conclusion
Understanding the limitations and challenges of pursuing a case under BP 22 when the accused is abroad is crucial for both the aggrieved party and the accused. The law is clear in its requirements for notice and the drawer's response, but international boundaries complicate its enforcement. Legal advice should be sought to navigate these intricacies effectively.