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VVocatus · Bar Exam Practice

Criminal Law, 2019 Bar — Question A.5

Criminal Law
2019 BarCriminal LawQ. A.5

ESSAY

In August 2018, B entered into a contract with S for the purchase of the latter's second-hand car in the amount of P400,000.00 payable in two (2) equal monthly installments. Simultaneously with the signing of the contract and S's turnover of the car keys, B executed, issued, and delivered two (2) post-dated checks, all payable to S, with the assurances that they will be honored on their respective maturity dates. However, all two (2) checks were dishonored for being drawn against insufficient funds. Consequently, notices therefor were duly issued to and received by B, but this notwithstanding, no payment arrangements were made by him. Further, upon S's investigation, it was uncovered that B's checking account had only P50,000.00 when it was opened in June 2018 and no further deposits were made after that. S also found out that B knew fully well of such circumstance at the time he issued the two (2) checks. What crime/s should B be charged with and for how many counts? Explain. (5%)

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