Practice question
A business owner issues a check and later faces a BP 22 prosecution. The owner relies solely on non-imprisonment for debt, while the prosecution claims it need prove only nonpayment of the original loan. Which is best under Lozano?
- Both categorical positions are correct
- The constitutional objection does not automatically invalidate BP 22, but the prosecution must prove the statutory offense rather than debt alone
- Every loan default proves every check element
- The Constitution prevents all check regulation
- The creditor may convict the owner without court proceedings
Legal references
- Lozano v. Martinez, G.R. No. L-63419 et al., December 18, 1986, main opinion: https://lawphil.net/judjuris/juri1986/dec1986/gr_l-63419_1986.html
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