Estafa Vs B.P.22 – What Is the Difference?

We’re pretty sure there’s a point in time that you became party to a transaction, either as payee or payer. Of course as payee, receiving cash is much preferred as you are sure that your payment was given to you in full sans any further action needed from your end. Now as payer, issuing a check is so much more convenient, especially for substantial transactions, as you would not have to worry about bringing cash and making sure that all your expenses are accounted and debited for, up to the last centavo.

It’s great if all transactions went smoothly without any hitch. However, with both parties making and receiving payment all in good faith. But what if you were conned by someone you had the mistake of trusting? Or what if you issued a check as a show of good faith to close out on a deal but at the time of issuance, the account has insufficient funds and you made a mental note to replenish the account as soon as you got paid. Alas, you then notice that your check bounced.

The above instances had surged over the years and has caused an unfortunate chain reaction which prompted the filing of either or both the following cases: Estafa and Violation of Batas Pambasa (BP) 22 or the Bouncing Checks Law.

Estafa Through Issuance of Unfunded Checks
The crime of Estafa is punished under the Revised Penal Code. One can be held guilty for Estafa by means of issuing a bouncing check with the use of false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud:
“By postdating a check, or issuing a check in payment of an obligation when the offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check. (Article 315(2)(d) of the Revised Penal Code as amended by R.A. 4885)”

How can a person be held guilty for Estafa?

Under the RPC, the following elements are necessary to hold a person guilty of Estafa:

  1. Postdating or issuance of a check in payment of an obligation contracted at the time the check was issued
  2. Insufficiency of funds to cover the check, and
  3. Damage to the payee thereof.

The most important element here is the damage caused. Absent any of the following elements, a person cannot be held liable for Estafa.

Case in point:

Andres owns and operates a trading good business and bought merchandise from Bonifacio and issued an unfunded check in consideration of the goods received.

In this scenario, Andres can be held liable for Estafa because he issued a check knowing it to be without sufficient funds to pay the items he bought from Bonifacio. The issuance of the bounced check here was with fraudulent intent.

Bouncing Checks Law (BP 22)
Unlike Estafa which has its basis under the RPC, BP 22 is enacted through a special law. A person can be charged for violation of BP 22 when he commits the following acts:

  1. Making or drawing and issuing 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;
  2. 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.

How can a person be held guilty for Violation of BP 22?

Violation of BP 22 can be filed against any person when the following are present:

  1. Making, drawing and issuance of any check to apply for account or for value;
  2. Knowledge of the maker, drawer, or issuer that at the time of issue he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment; and
  3. Subsequent dishonor of the check by the drawee bank for insufficiency of funds or credit or dishonor for the same reason had not the drawer, without any valid cause, ordered the bank to stop payment.

Same with Estafa, the presence of all these requirements is important. Otherwise, the charge of BP 22 will not attach. Note that knowledge of insufficiency of funds is presumed when it is proved that the issuer received a notice of dishonor and that within 5 days from receipt thereof, he failed to pay the amount of the check or make arrangement for its payment. Additionally, in BP 22, good faith is immaterial. Meaning, the mere issuance of an unfunded check already consummates the crime.

Using the same example above, Andres can also be charged for Violation of BP 22, other than Estafa, because BP 22 cases also cover issuances of bouncing checks for value received.

Where does the disparity lie?

It is Estafa when, among others, you issue an unfunded check with fraudulent intent in consideration of something of value you received. Here intent is material and good faith may be used as a defense.

It is a case for Violation of BP 22 when you issue an unfunded check whether or not it is for an obligation you contracted prior to the issuance of the check or not. Simply put, you are liable for BP 22 whether you issue a check for a present or a past obligation.

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Where Are Beaded Necklaces Today in Fashion Among Men?

Body decorations as well as jewelry appeared not necessarily out of the need to show some form of artistic manifestation, but rather to express religious respect. How could man actually stand out by looks and attitude in front of the “gods” on a special days? From such a perception to actually using body jewelry, there was only a small step to make; beaded necklaces were definitely among the easiest to manufacture, since round shapes have always been the most common in all societies.

Either plant seeds or small stones were at the base of the very first beaded necklaces; it was only later that gems or semiprecious stones, pearls and choral pieces came to be used as well, though they definitely required a more intense production process. Most necklaces which are beaded were attributed a ritual function: usually protection against evil spirits or disease. Turquoise stones, polished shells, jade and even bones were used to the matter.

Where are Beaded Necklaces today? Well, there is no longer a ritual function to be associated with them; however, they have extended their decorative function so much that jewelry manufacturing is considered one of the most profitable businesses nowadays. Produced in mass collections or hand-crafted, Necklaces with beads are important apparel accessories for both men and women. Presently, they are sold in the most common jewelry shops or online, and for prices that start at just a few bucks to get to hundreds of dollars.

Though for men, beaded necklaces come in somehow limited variants, they are nevertheless in the popularity tops. Sports and casual wear are usually the type of clothes that men associate with beaded necklaces, and they are usually short and worn close around the neck. Not the same thing can be said about women and their beaded accessories, since there is such a wide offer one really finds it difficult to choose. Worn tight or loose, with elegant fancy dress or casual wear, beaded necklaces make a woman feel glamorous.

Almost nothing of the ancient symbolism is still preserved with beaded necklaces nowadays. The only touch of esoteric meaning consists in the association of certain semiprecious stones with an astrological sign. The natives born under that sign would accordingly be protected and energized when wearing some form of crystal beaded necklaces for instance. Yet, one can never be sure about how much of the mystical charge is true, and how much is a pretext to sell more jewelry items.

A Nutritional War Between Roasted And Raw Nuts – Which One Is Better?

Nuts are very healthy and have many essential minerals and nutrients that benefit your body. Many people eat them raw whereas, many people love to eat them roasted or cooked. You can eat them as a snack because it is ready to eat item. The best part is you can also use it to make various recipes such as Desserts, Biscuits, and Cakes etc. It is the fact that both raw and roasted nut have their own way to benefits the body, but it is the fact that roasted nut tends to be healthier than the raw one. Here is a difference between roasted vs. raw nuts that will help you to understand that which type is better for health.

  • The Nutrients Value – Roasted nuts are usually being roasted in little oil and contain salt that can increase value of the sodium intake. It is the fact that roasted nuts are rich in calories as compared to raw nuts, so if you are looking for a weight gain then, roasted nuts can be your best choice.
  • Taste Factor – Both types of nuts have their own different taste, but usually people like roasted nuts because it contains flavors. Raw nuts are simplistic in taste and sometimes a person gets bored by eating them. You can eat both of them as a snack as they both have their own unique taste and nutrition value.
  • Bacteria – Raw nuts have the higher chances of bacterial attack whereas, bacteria cannot affect the roasted nuts easily. It is the fact that a huge amount or harmful bacteria get eliminate after the roasting process. The number of contaminates also get removed after the cleaning process of the nuts that makes them safe for our health.
  • Chemical Process – Many manufacturers use the chemical method to roast the nuts, so it is very important to buy it from a trustworthy manufacturer to get the good quality product. Chemical harms the nutrition of the nuts and makes them tasteless because of which many people opt for raw nuts rather than the roasted one.

These are some differences between raw and roasted nuts. Both are good for health,so you can choose according to your taste and preferences. It is very important to buy the nuts from a good supplier to get fresh and premium products. Both roasted and raw nut are healthy in nature and they are available at a very affordable price, so one can easily buy them. Make sure to buy from a good manufacturer as a good one will always deliver you the fresh and pure products.

Skull Pendants and Rings

There are various ways of accessorizing ourselves and based on our preferences, both men and women find some conventional means of achieving their desired look. Among the multiple accessories wears we have; necklaces, pendants, bracelets, rings, earrings and many others. These ornamental wears can have branded or inscribed with images that add versatility to the accessory. Pendants and rings can have images such as skulls, which is a popular fixture, engraved on them to give a fashion statement or add an appealing touch to the outfit.

The use of skulls on fashion wear has been embraced since the medieval times as a symbol of bravery, life, and death. The trend has spread to the recent times where social icons and celebrities are rocking in all manner of designer outfits bearing the skull symbol. The symbol is such an eye catcher wherever it is placed on, be it T-shirt imprints or on rings, making it one of the uniquely great motifs.

Types of Skull Pendants

There are different types of these skull pendants, and one difference is based on their make, such as the metal they are made of, we have, silver, diamond, gold and simple metallic pendants. The most widely available are the silver pendants, preferred for their durability and shininess making them glimpse catching pieces.

The other difference is based on the gender preference where women prefer slightly smaller pieces while men go for bigger and boldly showing pieces. This, however, can be alternated based on personal demands.

Skulls have been matched together with crossbones; therefore, a pendant can have a clear skull engraving or have both the skull and the crossbones.

The price difference also is a factor to consider; it is primarily dictated by the material made of the piece and the design touch given to it. The more expensive, the more sophisticated it is.

Conclusion

To make a grand fashion statement, go for bolder outfits that bear more significant meaning and are uniquely designed for that particular purpose. Skulls and crossbones symbol offers this and is widely recognized. Thus, it is advisable to wear such accessories that radiate with your intended gestures rightly where they can do so in a perfect way. For example wearing a skull ring on the dominant hand or wearing a pendant with a dress that allows it to be visible.

To enjoy best of this ornamental jewelry, purchase them from recognized dealers and go for quality rather than appealing prices.

Information About Hip and Pelvis Injury Compensation

The hip is a joint that connects our upper leg bones to our pelvis, giving us mobility. Our hip and pelvic bones are constantly at work for us, even when we are sleeping. Whether managing your everyday responsibilities or relaxing after they’re done, your hips are always playing a role in what you are doing with your body. They are a major component to your body’s overall stability, comfort, and physical capabilities. This explains why injuries to these areas are often very inconvenient and extremely painful.

Although most common in elderly patients, young to middle-aged adults and children can also be at risk for pelvic and hip injuries if they are involved in a serious accident. The most common types of accidents that cause severe pelvis and hip injuries include motor vehicle accidents, slip and falls, motorcycle accidents, pedestrian accidents, and even bicycle accidents. When a person is injured in such an accident as a result of another person’s carelessness, they are likely eligible for legal compensation. At this time, it would be in their best interest to hire an experienced personal injury lawyer for help with filing a claim against a wrongful party. They will develop an impactful case to profile the type of injuries their client suffered, and how it has negatively affected their overall health and quality of life. This will be the foundation of determining the amount of compensation that should be paid to the victim for their losses and damages.

Types of Pelvic Injuries

There are several types of hip and pelvic injuries, all of which are generally accompanied by muscle bruising and ligament sprains as well. They are all extremely painful, and can restrict a person’s mobility for months on end depending on the severity of the damage. Here are some of the most common hip and pelvic injuries seen as a result of negligent accidents:

Dislocations

Hip dislocations occur when an impact causes the ball-shaped head of the femur bone to come out of the cup-shaped acetabulum set in the pelvis. They are a very common injury among slip and fall victims, and victims of traffic accidents. It is unimaginably painful, and renders a victim immobile instantly. It can also cause nerve damage, resulting in numbness of the leg, foot, and ankle.

Hip Sprains

Hip sprains are serious muscle tears in the ligaments that support the hip joint. They occur when the ligaments are stretched past their limit and tear. This type of injury is tremendously painful, and can also result in bruising and swelling of the hip and pelvic area. It can take several weeks to heal, during which mobility is mostly restricted. Slip, trip, and fall accidents are common causes of hip sprains, but they also occur regularly in vehicle accidents and workplace accidents.

Pelvic Fractures

Pelvic fractures are among the most serious hip and pelvis injuries a person can sustain. This is because they have the potential to seriously change a person’s life forever. Some pelvic fractures comes with life-long consequences, or permanent complications. If the injuries are not permanent, they are still extraordinarily painful and are accompanied with months, or even years, of rehabilitation and healing. Painful physical therapy, loss of mobility, long-term medical care, and more are just a few circumstances a patient will face after fracturing their hip. Since the reproductive organs are in this area, more serious pelvis fractures can cause infertility, impotence, and sterility.

Hip Bursitis

One of the most common causes for hip pain, hip Bursitis is the inflammation of the bursa. The bursa is a fluid-filled sac that reduces friction between muscle tissues by providing a gliding surface. Although most cases can be treated at home with proper care and pain medication, they are very painful and can takes weeks or months to heal completely.

If you or someone you love has recently suffered a pelvic or hip injury as a result of a serious accident, call a licensed personal injury attorney to file a no-risk, no-fee claim. They have the proper resources and knowledge to effectively navigate your case and recover the fair amount of compensation you deserve.

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Of Film Festivals, Creativity, and Copyrights

Movies with poor reviews do not necessarily give anyone the excuse to pirate them. Art is subjective and stealing is wrong. These are two truths that should be recalled when dealing with piracy. It is not wrong to share content as long as it doesn’t cross any copyright. Copyrighted materials are certified and protected, and owners have grounds for copyright infringement claim if necessary.

Film Festivals

The world constantly asks for innovation; that’s almost a rule. In film festivals, exploration and development meet. Storytellers who take risks with fresh ideas get to display their original work. It is where indie or independent artists show off their stories without political and commercial pressures, and restrictions.

Film festivals connect artists and audiences in several countries. It is a place where both established and emerging artists show documentary and dramatic films, innovative short films, cutting-edge media and art installations, and live music performances. It brings together the modern day’s most original storytellers and supports engaging programs for students and the community.

Every film festival welcomes distinguished artists and opens great opportunities for students and newcomers. Some movies are even directed by celebrities. For example, “The Company You Keep” was directed and starred by an American actor. This political thriller was well-crafted, and the creator skilfully directed a cast of talented actors. When this TCYK LLC film was pirated, copyright holders tracked the infringers to protect their rights.

Media Copyright Literacy

While you play other people’s intellectual property, it is essential to have a basic understanding of what is legal and ethical. Everyone should learn how to be a good digital citizen and get familiar with the copyright law and respect content creators and their original work.

Upon creation, any work is automatically copyright-protected. When your work is capable of copyright protection, it is likely that you own the copyright. However, copyright might belong to someone else if you have assigned or transferred your copyright in writing. Also, ideas cannot be protected unless it is made into its material expression like a painting, novel, or film. So it is important to transform your ideas in its material form.

Copyright protection applies to all formats whether it’s in print, online, or digital media. While there are organizations that protect freedom of expression and help people understand their rights and responsibilities around copyright law, there are also entities like the owners of the TCYK LLC film that are dedicated to protecting the rights of creators and content owners.

Only the original content holders have the exclusive right to the use of their work. It isn’t fair that other people commoditize from other people’s work without their consent. Copying and distributing others’ work without permission is copyright infringement, which means illegal distributors could be charged with a huge sum for damages.

Creativity is unique, and artists deserve all credits due to them. Some are too passionate about their craft that they don’t mind how their work is being used. Unfortunately, this doesn’t apply to all. Most creators need financial support to make and produce their work. Pirating does not help them in any way.

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Personal Injury Should Be Well Taken Care Of

If there is ever a situation where a person is suffering terribly from an injury, disability or in worse case scenarios, even death, mostly due to a careless negligence of an individual, in such cases, the personal injury law covers these instances and extends its hand for help.

A severe injury can cost an individual to shell out a lot of money, sometimes an amount that the individual might not even be capable of paying, if you opt for a personal injury claim in such desperate moments then you are eligible to seek some compensation for the injury you have faced and the payment gets taken care of because of the claim.

Mostly this law covers all the kinds of injury that can possibly take place, these injuries can be of any type. It can either be something that can cause a lot of harm to your body or it can make you face some kind of emotional trauma as well. It can be anything and at anytime and having a claim especially for these kinds of injuries will help you in emergencies.

Be alert and be careful of every step you take.

Let us have a look at some of the tips that can help you get this claim:

• DO NOT DELAY TO GET SOME MEDICAL ATTENTION

The first and foremost step that you need to take when you get an injury is to seek out for medical help immediately and instantly. Do not under any circumstances delay that step because the more you delay it, the more serious it can get, therefore seek out for some medical help as soon as you find yourself in such a situation.

• BE CAREFUL OF THE STATEMENTS YOU MAKE

Be absolutely confident and clear in what you say in the accident scene. Do not say anything that might make the situation much more complicated than it already is or give rise to some kind of a conflict. Be clear in what you have to say and keep it straight when asked about it. This will help in dealing with the process much quickly.

• KEEP A CHECK ON ALL THE EXPENSES

This would include all the bills in the hospital. Be it expense bills; diagnose bills, medical bills or any other tests that you might have undergone. Have a record of all the expenses because it might be asked for when you go to claim for compensation. You can also keep a record of some lost wages that you might have faced due to missing work. Keep a track of everything.

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Bring Your App Business on the Right Track

Every entrepreneur seeks to know the secret recipe for success. What strategies are made to increase the conversion rate? What are the exciting ideas that can be implemented to make the company grow? It is super strategies that create opportunities for a company. There are always some brand new ideas that you can implement to grow your business. However, not all the existing tricks will give your business a boost. It is only when the right strategies are followed at the right time and the right place that you end up having a revenue-generating business.

If you have an app business, here are 5 strategies you can follow to make sure that your business climbs the ladder of success. Let’s take a closer look:

1. Know the Purpose

To start with, in your mobile app business, it is vital to know the purpose behind the creation of an app and the audience for whom the app is created. The advantages and the true value of the app shall not be confined to the number of features it has and rather on how the user experience is. One of the most significant factors in creating compelling apps is close collaboration among developers, the quality analysis team, and designers.

2. All About Planning

It is the business plans that earn you profits. Only with clear objectives can you come up with the most suitable solutions required by customers. When it comes to creating successful apps, it definitely requires sharp focus. The complexity of a mobile app can be huge but fundamentally, an app must be designed by having an understanding of the real world. Moreover, to come up with engaging apps, it is also important to identify the exact expectations of users. So you see that accurate planning is vital for creating successful apps.

3. Choose Your Platforms Wisely

A significant part of sales depends on how you reach out to your target audience and you basically have to connect with them in the best way possible. Unlike websites, mobile applications are designed for various platforms. These days, there are multiple devices and multiple vendors. For instance, most smartphone users make use of iOS devices and others go for iPhones. Thus, the process of app development completely depends on how customer engagement can be carried out on different platforms.

4. Cross-Check the Intuitiveness of the App

Do you think that the app that you design will help in making your client’s life easier and happier? Once you design an instinctive app, it can end up giving an amazing experience to its users. Apart from integrating notable UX designs and streamlined functions, it is equally important to check whether an app is responsive enough and provides suitable performance to cater to the needs of the user. Also, ensure that the app is free from bugs.

5. Promote Your App

Promotion plays an integral role in boosting your app business. One of the most significant factors behind the popularity of an app is the way it is promoted. Adequate promotion of an app through reviews, ratings, video teasers, recordings, and social media posts helps to create a buzz among the target audience.

When it comes to the app business, the competition is stiff and if you fail to follow the right strategies, you may end up causing your app to lose its visibility among an extensive range of audience. So, follow the sure-shot strategies stated above and ensure the success of your app.

All You Need To Know About Personal Loans

Loans are of several types. It can be classified according to the needs of the person. Suppose, if one wants a loan for his/her home, he/she should take a home loan. If the person needs money to fulfill the educational needs he/she shall be allowed the educational loan. Other types of loans are personal loan, payday loan, etc. However, when one is considering to take a loan he /she should keep in mind that the interest rates for all the types of loans do differ. In this article we shall be dealing with the personal loan and will try to find out how one can get a loan.

A personal loan is something that you might need at any moment for buying anything of your choice. This can be a television, a fridge or even a designer dress that you have come across in the shop. This can be the medical expenses that crops up immediately without any notice. Anything and everything can fit into the personal loan bill.

To apply for a loan one needs to have a good credit. This will make the loan approval process quicker. If one is having a bad credit score then the chances of getting a loan are much less. So, when you apply for a loan make sure you have a clean credit report.

A bank would take time to approve for a loan as they check all details before finally saying you “Yes”. If you want a loan fast you can apply to those financing institutions that offer loans quickly. The crucial point of choosing these organizations over the banks is that they might charge high interest rates, although all the some are an exception in this case. And of course it is better as the process is fast and hassle free when you are really in need of money.

If you are applying for the loans please be sure to go through the terms and conditions of the loans. This will make sure that you are aware of what you are agreeing to pay.

What are the things you need to be careful about?

Be careful about the repayment terms. We advise you not to go for long term loans. There are certain companies which charge hidden amounts and you will never know what you are paying for. So, make sure that you do not fall into their trap. Always take a bill when you pay them so that you have a proof of the money you have paid.

How You Should Process Your Short Term Loans

Borrowing money makes a decisive difference, especially when you are struggling through the times of financial emergencies. Small time loans like the Short Term Loans are one of the quick and convenient cash credit alternatives that you can and should consider to ameliorate your ongoing emergency financial crisis. These loans improve your credit score too, but again; you need to be a bit judgmental of other prerequisites and options.

Short Term Loans and the Credit Score – Understanding the Basic Scenario

Short term small loan applications usually show up in your credit report. If you had applied for these loans few months back, then your credit score reflects this option. Furthermore, all the repayments made towards the loan will highlight in your credit profile. Making the repayments on short term loans will show you in positive light before the lender. He will have trust, and you will enjoy peace of mind.

Short Term Loans Improve the Credit Score

Short term loans help to improve the credit rating. However, availing the loans is still a risky process, and you need to have an Argus-eye over it.

In general cases, the interest rates charged on these loans are considerably high. If you are confident of making the payments within lender’s designated time period, it will not cause any hindrance. But the longer you delay in paying-off the loans, the costlier these loans turn out. There comes a time when you might even repent your decision of having applied for cash advance for the sake of improving the credit score.

Instead of going for a short term loan to boost your credit rating, there are better ways to move the credit worthiness. What you have to do is to look for alternatives, rather than making a rash decision in an instant. Taking out a credit for the sake of credit is something that needs proper research and analysis too.

Having a good credit score is necessary, since it reflects your credibility as a borrower. A not so good credit score on the other has a negative impact, as it severely affects the flow of credit in the future.

Improving Your Credit Score: Placing the Sound Methodologies

Just because you are having a bad credit, it does not entirely mean the end of the road. You can still improve the credit score. Here are two legitimate points to look into:

  • Clearing outstanding debt by paying on time – Clearing your dues on time will maintain your credit score over a long period of time. If you are having outstanding debts, make sure to minimize them. This certainly helps to improve the rating.
  • Building a solid credit history – For first time borrowers, with no credit history, it is essential to build a good credit history. To increase the credibility, it becomes necessary to limit the expenses, and if you had availed loans and there are arrears, you must ensure to clear them. Paying off the debts within stipulated time frame is way to success.

Credit rating helps the borrowers to gain advantage and secure loans and debts. Good credit ratings help borrowers to borrow money. The methodologies you apply to improve your credit ratings will make huge difference in score records.