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Who is Guillermo Eleazar?

 

who is guillermo eleazar

Who is Guillermo Eleazar?


Guillermo Eleazar's full name is Guillermo Lorenzo T. Eleazar. He has a rank of PLTGEN (Police Lieutenant General.

As of this date, October 22, 2020, He is the Deputy Chief for Administration of the Philippine National Police (PNP).


Guillermo Eleazar held the following previous positions:


1. The Deputy Chief of the PNP for Operations

2. The Chief of the Directorial Staff

3. Regional Director of the NCRPO

4. Regional Director of the PRO4A

5. District Director of the QCPD

6. Director of the Anti-Cybercrime Group


He belong to the PMA class of 1987 and he graduated as "Cum Laude".


Among his awards and recognitions are:

1. Presidential Lingkod ng Bayan for best Public Service in NCR

2. Annual Awards for Continuing Excellence in Service (ACES)


You may want to read:

1. PNP Checkpoint Guidelines

BP 22

 BP 22


BATAS PAMBANSA BLG. 22


AN ACT PENALIZING THE MAKING OR DRAWING AND ISSUANCE OF A CHECK WITHOUT SUFFICIENT FUNDS OR CREDIT AND FOR OTHER PURPOSES.


Section 1. Checks without sufficient funds. - Any person who makes or draws and issues 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, shall be punished by imprisonment of not less than thirty days but not more than one (1) year or by a fine of not less than but not more than double the amount of the check which fine shall in no case exceed Two Hundred Thousand Pesos, or both such fine and imprisonment at the discretion of the court.


The same penalty shall be imposed upon any person who, 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.


Where the check is drawn by a corporation, company or entity, the person or persons who actually signed the check in behalf of such drawer shall be liable under this Act.


Section 2. Evidence of knowledge of insufficient funds. - The making, drawing and issuance of a check payment of which is refused by the drawee because of insufficient funds in or credit with such bank, when presented within ninety (90) days from the date of the check, shall be prima facie evidence of knowledge of such insufficiency of funds or credit unless such maker or drawer pays the holder thereof the amount due thereon, or makes arrangements for payment in full by the drawee of such check within (5) banking days after receiving notice that such check has not been paid by the drawee.


Section 3. Duty of drawee; rules of evidence. - It shall be the duty of the drawee of any check, when refusing to pay the same to the holder thereof upon presentment, to cause to be written, printed, or stamped in plain language thereon, or attached thereto, the reason for drawee's dishonor or refusal to pay the same: Provided, That where there are no sufficient funds in or credit with such drawee bank, such fact shall always be explicitly stated in the notice of dishonor or refusal. In all prosecutions under this Act, the introduction in evidence of any unpaid and dishonored check, having the drawee's refusal to pay stamped or written thereon or attached thereto, with the reason therefor as aforesaid, shall be prima facie evidence of the making or issuance of said check, and the due presentment to the drawee for payment and the dishonor thereof, and that the same was properly dishonored for the reason written, stamped or attached by the drawee on such dishonored check.


Not with standing receipt of an order to stop payment, the drawee shall state in the notice that there were no sufficient funds in or credit with such bank for the payment in full of such check, if such be the fact.


Section 4. Credit construed. - The word "credit" as used herein shall be construed to mean an arrangement or understanding with the bank for the payment of such check.


Section 5. Liability under the Revised Penal Code. - Prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code.


Section 6. Separability clause. - If any separable provision of this Act be declared unconstitutional, the remaining provisions shall continue to be in force.


Section 7. Effectivity. - This Act shall take effect fifteen days after publication in the Official Gazette.1âwphi1


Approved: April 3, 1979.


Bar Exam Question (2002)

BP 22; Presumption of Knowledge (2002)

A a businessman, borrowed P500,000.00 from B, a friend.To pay the loan, A issued a postdated check to be presented for payment 30 days after the transaction. Two days beforethe maturity date of the check, A called up B and told him not to deposit the check on the date stated on the face thereof, as A had not deposited in the drawee bank the amount needed to cover the check. Nevertheless, B deposited the check in question and the same was dishonored of insufficiency of funds. A failed to settle the  amount with B in spite of the latter's demands. Is A guilty of violating B.P. Blg. 22, otherwise known as the Bouncing Checks Law? Explain.

Suggested Answer:

Yes, A Is liable for violation of BP. Blg. 22 (Bouncing Checks Law), Although knowledge by the drawer of insufficiency or lack of funds at the time of the issuance of the check is an essential element of the violation, the law presumes prima facie such knowledge, unless within five (5) banking days of notice of dishonor or nonpayment, the drawer pays the holder thereof the amount due thereon or makes arrangements for payment in full by the drawee of such checks.

A mere notice by the drawer A to the payee B before the maturity date of the check will not defeat the presumption of knowledge created by the law; otherwise, the purpose and spirit of B.P. 22 will be rendered useless.

Bar Exam Question (1996)

Estafa vs. BP 22 (1996)

The accused was convicted under B.P, Blg. 22 for having issued several checks which were dishonored by the drawee bank on their due date because the accused closed her account after the issuance of checks. On appeal, she argued that she could not be convicted under Blg. 22 by reason of the closing of her account because said law applies solely to checks dishonored by reason of insufficiency of funds and that at the time she issued the checks concerned, she had adequate funds in the bank. While she admits that she may be held liable for estafa under Article 215 of the Revised Penal Code, she cannot however be found guilty of having violated Blg. 22. Is her contention correct? Explain.

Suggested Answer:

No, the contention of the accused is not correct. As long as the checks issued were issued to apply on account or for value, and was dishonored upon presentation for payment to the drawee bank for lack of insufficient funds on their due date, such act falls within the ambit of B.P. Blg. 22. Said law expressly punishes any person who may have insufficient funds in the drawee bank when he issues the check, but fails to keep sufficient funds to cover the full amount of the check when presented to the drawee bank within ninety (90) days from the date appearing thereon.

Bar Exam Question (2003)

Estafa vs. BP 22 (2003)

A and B agreed to meet at the latter's house to discuss B's financial problems. On his way, one of A's car tires blew up. Before A left following the meeting, he asked B to lend him (A) money to buy a new spare tire. B had temporarily exhausted his bank deposits, leaving a zero balance. Anticipating, however, a replenishment of his account soon, B issued A a postdated check with which A negotiated for a new tire. When presented, the check bounced for lack of funds. The tire company filed a
criminal case against A and B. What would be the criminal liability, if any, of each of the two accused? Explain. 

Suggested Answer:

A, who negotiated the unfunded check of B in buying a new tire for his car may only be prosecuted for estafa if he was aware at the time of such negotiation that the check has no sufficient funds in the drawee bank; otherwise, he is not criminally liable. B, who accommodated A with his check may nevertheless be prosecuted under BP 22 for having issued the check, knowing at the time of issuance that it has no funds in the bank and that A will negotiate it to buy a new tire, i.e., for value. B may not be prosecuted for estafa because the facts indicate that he is not actuated by intent to defraud in issuing the check which A negotiated. Obviously, B issued the postdated check only to help A: criminal intent or dolo is absent.

What is a memorandum check?

 Bar Exam Question (1994)


BP 22; Memorandum Check (1994)


1. What is a memorandum check?

2. Is the "bouncing" thereof within the purview of BP Blg. 22?


Suggested Answer:


1. A "Memorandum Check" is an ordinary check, with the word "Memorandum", "Memo" or "Mem" written across its face, signifying that the maker or drawer engages to pay its holder absolutely thus partaking the nature of a promissory note. It is drawn on a bank and is a bill of exchange within the purview of Section 185 of the Negotiable Instruments Law (People vs. Judge David Nitafan, G.R. No. 75954, October 22, 1992).


2. Yes, a memorandum check is covered by Batas Pambansa No. 22 because the law covers any check whether it is an evidence of Indebtedness, or in payment of a pre-existing obligation or as a deposit or guarantee (People versus Nita-fan).


Bar Exam Question (1995)


BP 22; Memorandum Check (1995)


1. What is a memorandum check?

2. Is a person who issues a memorandum check without sufficient funds necessarily guilty of violating B.P. Blg. 22? Explain.

3. Jane is a money lender. Edmund is a businessman who has been borrowing money from Jane by rediscounting his personal checks to pay his loans. In March 1989, he borrowed P100,000 from Jane and issued to her a check for the same amount. The check was dishonored by the drawee bank for having been drawn against a closed account. When Edmund was notified of the dishonor of his check he promised to raise the amount within five days. He failed. Consequently, Jane sued Edmund for violation of the Bouncing Checks Law (BP. Blg. 22). The defense of Edmund was that he gave the check to Jane to serve as a memorandum of his indebtedness to her and was not supposed to be encashed. Is the defense of Edmund valid? Discuss fully.


Suggested Answer:


1. A memorandum check is an ordinary check with the word "Memorandum", "Memo", or "Mem" written across the face, signifying that the maker or drawer engages to pay its holder absolutely thus partaking the nature of a promissory note. It is drawn on a bank and is a bill of exchange within the purview of Section 185 of the Negotiable Instruments Law. (People vs. Nitafan, 215 SCRA 79)

2. Yes, a person who issued a memorandum check without sufficient funds is guilty of violating B.P. Blg. 22 as said law covers all checks whether it is an evidence of indebtedness, or in payment of a preexisting obligation, or as deposit or guarantee. (People vs. Nitafan)

3. The defense of Edmund is NOT valid. A memorandum check upon presentment is generally accepted by the bank. It does not matter whether the check is in the nature of a memorandum as evidence of indebtedness. What the law punishes is the mere issuance of a bouncing check and not the purpose for which it was issued nor the terms and conditions relating thereto. The mere act of issuing a worthless check is a malum prohibitum. The understanding that the check will not be presented at the bank but will be redeemed by the maker when the loan falls due is a mere private arrangement which may not prevail to exempt it from the penal sanction of B.P. Blg. 22. (People vs. Nitafan)



You may want to read:

1. Special Penal Laws

PNPA Online Application

 

pnpa online application

PNPA Online Application


Philippine National Police Academy: Iskolar Para sa Bayan


Online Application ends on October 31, 2020.


Visit: www.pnpa.edu.ph


Date of Examination: November 8, 2020.


Benefits:


1. Full government scholarship with monthly pay and allowances for 4 years.

2. Cadetship program leading to a degree in Bachelor of Science in Public Safety (BDPS).

3. Developing Cadets into God-centered leaders of character to serve our communities as:


a. Chief of Police

b. Fire Marshalls

c. Jail Wardens


You may want to read:

1. How to become a PNPA Cadet?

Is Destierro a Penalty?

On
Is Destierro a Penalty?

Under Article 247 of the Revised Penal Code, is destierro a penalty? Explain.

Suggested Answer:

In the case of People v. Abarca, G.R. No. 74433, September 14, 1987, the Court ruled that Article 247 does not define a
felony. However, it went on to state that the penalty is merely banishment of the accused, intended for his protection. Punishment, therefore, is not inflicted on the accused.

Alternative Answer:

Yes. Article 247 of the Revised Penal Code does not define and provide for a specific crime but grants a privilege or benefit to the accused for the killing of another or the infliction of Serious Physical Injuries. Destierro is a punishment whereby a convict is banished to a certain place and is prohibited from entering or coming near that place designated in the sentence, not less than 25 kms. (People v. Araquel, G.R. No. L-12629, December 9, 1959)

Source: UP Law Center (Criminal Bar Examination Q & A)

You may want to read:

What is the Anti-Terrorism Act of 2020?

What is the Anti-Terrorism Act of 2020? 

Republic Act No. 11479

Salient Features:

Any person who shall threaten to commit any of the following acts shall suffer the penalty of 12 years imprisonment.'

1. Engages in acts intended to cause death or serious bodily injury to a person or endangers a person's life.

2. Engages in acts intended to cause damage or destruction to a government/public facility, public place or public property.

3. Engages in acts intended to cause damage or destruction to critical infrastructure.

4. Develops, manufactures, processes, acquires, transports, supplies, or uses weapons, explosives, or of biological, nuclear, and radiological or chemical; weapons.

5. Release of dangerous substances.

6. Proposal to commit terrorist acts

7. Inciting to commit Terrorism.

8. Voluntarily and knowingly join any terrorist organization, proscribed or designated by United Nations Security Council.

9. Being an accessory to a terrorist act.

Any person found guilty of these provisions shall suffer the penalty of life imprisonment without the benefit of parole and the benefit of Republic Act No. 10592.

1. Planning, training, preparing and facilitating the commission of a terrorist act.

2. Attempt or conspiracy to commit a terrorist act.

3. Recruitment to and membership in a terrorist organization.

4. Providing material support to terrorists.

Terrorism shall not include advocacy, protest, dissent, stoppage of work, industrial or mass action, and other similar exercises of civil and political rights, which are not intended to cause death or serious physical harm to a person, to endanger a person's life, and to create a serious risk to public safety.

Penalty for public official if found guilty of aforesaid acts
1. Shall be charged with administrative offense or grave misconduct/loyalty.
2. Dismissal from service.
3. Cancellation of Civil Service Eligibility.
4. Deprived of retirement benefits.
5. Disqualification from running for any elective or public  office.


Anti-Terrorism Act of 2020 (RA 11479)

Frequent Ask Questions Anti-Terrorism Act of 2020 (RA 11479)

Q: What is terrorism?
   What acts constitute terrorism?

The Anti-Terrorism Act of 2020 or R.A. 11479 defines terrorism and acts that constitute as terrorism to wit: (Sec. 4 to Sec. 12)
1. The engagement to the acts which intends to cause:
a. death or serious bodily injury to any person, or endangers a person's life;
b. extensive damage or destruction to a government or public facility, public place or private property;
c. extensive interference with, damage or destruction to critical infrastructure;


2. Development, manufacturing, possession, acquisition, transportation of supplies or use weapons, explosives or of biological, nuclear, radiological or chemical weapons;

3. The release of substances that causes fire, floods, or explosions;

4. Purpose of such acts' nature and context is to:
a. intimidate the general public or a segment thereof;
b. create an atmosphere or spread a message of fear, to provoke or influence by intimidation the government or any international organization;
c. create a public emergency or seriously undermine public safety.

Other acts or ways considered as committing terrorism (Sec. 5 to Sec.12)
1. Threat to commit terrorism
2. Planning, training, preparing, and facilitating the commission of terrorism
3. Conspiracy to commit terrorism
4. Proposal to commit terrorism
5. Inciting to commit terrorism (e.g. speeches, proclamations, writings, emblems, banners, or other similar manner with the same effect)
6. Recruitment or membership to a terrorist organization
7. Any person who travels to a state other than their state of residence or nationality, or arranges the travels of these individuals knowing their unlawful purpose, for the preparation, planning, participation in terrorism or to provide/receive terrorist training
8. Providing material support to a terrorist individual, group, organization, and/or association

Acts that are not defined as terrorism:
1. Advocacy
2. Protest
3. Dissent
4. Stoppage of Work
5. Industrial or Mass Action
6. Other similar exercises of civil and political rights

Provided that these acts do not intend to cause deathm serious physical harm, endanger a person's life, or puts public safety at risk.

How is one identified as a terrorist?
According to Section 25 of ATA 2020, terrorists are designated/identified by the Anti-Terrorism Council (ATC) through the following conditions:

- Those who fall under the UN Security Council Resolution (UNSCR) No. 1373 list of terrorists, terrorist groups, and those financing terrorists;

- Individuals, groups or organizations that are idenfified by ATC or other jurisdictions as terrorists following the criteria of the UNSCR No. 1373;

- Those designated by ATC upon the finding of probable cause that such individual/group/organization is committing, or attempting to commit or conspiring in the commission of terrorism.

What are the effects of being suspected or identified as a terrorist?

The following can happen to an individual/group designated by the ATC as terrorist/s:

- Sec. 24 par. 4: Assets of identified terrorists will be frozen by the Anti-Money Laundering Council (AMLC)

- Sec. 16: Law enforcement agents may secretly wiretap, overhear and listen to, intercept or record any private communications in whatever form, kind or nature. Moreover, all information relating to the identified terrorist may be demanded from the telecommunications service provider.

- Sec. 29: Law enforcers may take a person suspected of committing terrorism into custody even without judicial warrant of arrest, and detain said person within fourteen (14) days from actual arrest date, extendible up to ten (10) days.

- Sec. 39: Restriction on the Right to Travel

--- If evidence of guilt is not strong, the person in question is entitled to bail with his/her travel capacity limited only within the city/municipality where he/she resides or where the case is pending

--- If evidence of guilt is strong, the Court shall immediately issue an HDO and direct DFA to cancel the passport of the accused.

What are the rights of a person detained as provided under the ATA?

Rights of a person under custodial detention (Sec. 30)

Upon apprehension or arrest of a person charged or suspected of committing terrorism, the following rights are ensured:

a. he/she should be informed of the nature and cause of his/her arrest and to be read his Miranda Rights, to wit:

To remain silent and to have competent and independent counsel preferably of his/her choice. If the person cannot afford the services of counsel of his/her choice, the law enforcement agent or military personnel concerned shall immediately contact the free legal assistance unit of the Public Attorney's Office (PAO) or the Integrated Bar of the Philippines (IBP).

b. should be informed of the cause or causes of his/her detention in the presence of his legal counsel;

c. allowed to communicate freely, at any time, and without restrictions with his/her legal counsel;

d. allowed to communicate freely and privately without restrictions with, and to be visited by, the members of his/her family or nearest relatives; and 

e. allowed freely to avail of the service of a physician or physician of choice.

Protection of Most Vulnerable Groups (Sec. 51)

There shall be due regard for the welfare of the following suspects while under investigation, interrogation or detention:
a. Elderly
b. Pregnant
c. Persons with disability
d. Women and Children

What are the penalties provided under R.A. 11479 or Anti-Terrorism Act of 2020?
 
Life Imprisonment without the benefit of parole and the benefits of R.A. 10592 (e.g. conditional pardon, good conduct allowance etc.)
- Terrorism (Sec. 4)
- Planning, Training, Preparing and Facilitating the Commission of Terrorism (Sec. 6)
- Conspiracy to Commit Terrorism (Sec. 7)
- Recruitment to a Terrorist Organization (Sec. 10 par. 1)
- Traveling, or arranging the travels of these persons knowing their unlawful purpose, outside their state of residence or nationality for the purpose of perpetrating, planning, training, or preparing for or participating in terrorism, or providing or receiving terrorist training (Sec. 11)

Imprisonment of twelve (12) years
- Threat to Commit Terrorism (Sec. 4)
- Proposal to Commit Terrorism (Sec. 8)
- Inciting to Commit Terrorism (Sec. 9)
- Membership to a Terrorist Organization (Sec. 10 par. 3)
- Any person having knowledge and without having direct participation, having participated after the commission of terrorism by: (Sec. 14)
a. Profiting or assisting the offender to profit from the crime committed;
b. Concealing or destroying the body or effects or instrument of the crime;
c. Harboring, concealing or assisting in the escape of the principal or conspirator of the crime.

Liable as a principal to any and all terrorist  activities committed
- Providing material support to terrorist groups (Sec. 12)

What are the penalties provided under R.A. 11479 or Anti-Terrorism Act of 2020?

Imprisonment of ten (10) years
- Deleting, Removing or Destroying intercepted or Recorded Communication (Sec. 20)
- Unauthorized revelation of classified materials under the Anti-Terrorism Act of 2020 (Sec. 4)

Imprisonment of six (6) years
- Furnishing false evidence, forged document,or spurious evidence in any investigation or hearing related to any violations under this act (Sec. 43)

Imprisonment of four (4) years
- Any bank official or bank employee who refuses to allow a court-ordered examination of assets of terrorist individuals or groups or organizations (Sec. 39)

Source: Integrated Bar of the Philippines | @IntegratedBarPH

RA No. 3326

REPUBLIC ACT NO. 3326

AN ACT CREATING FOUR ADDITIONAL POSITIONS OF ASSISTANT PROVINCIAL FISCAL IN THE PROVINCE OF ORIENTAL MISAMIS, AMENDING FOR THIS PURPOSE Sec. SIXTEEN HUNDRED SEVENTY-FOUR OF THE ADMINISTRATIVE CODE, AS AMENDED

Section 1. The provisions of Section sixteen hundred seventy-four of the Administrative Code, as amended, relative to the number of assistant provincial fiscals in the Province of Oriental Misamis, is further amended to read as follows:

“Oriental Misamis, six assistant provincial fiscals;”

Sec. 2. This Act shall take effect upon its approval.

Enacted, without Executive approval, June 18, 1961.