The delivery of the instrument is the final act essential to its consummation as an obligation.
The first falls under the crime of estafa and is committed by post-dating a check, or issuing a check in payment of an obligation when the offender therein were not sufficient to cover the amount of the check.
Hence, the two petitions for review on certiorari were filed by the People of the Philippines.
Ideally, give the check only when you have the funds to cover the check amount.Andan, in payment of articles and merchandise delivered to and received by said accused, gave and delivered the said checks to the said Freeway Tires Supply, the said accused Cecilia Que Yabut well knowing that at the time there was no or insufficient funds in the said Merchants Banking Corporation, and upon presentation of the said checks to the bank, the checks were dishonored and inspite of repeated demands by the owner of the Freeway Tires Supply to deposit the necessary funds to cover the checks within the reglementary period enjoined by law, failed and refused to do so, to the damage and prejudice of Alicia P.6, Petition in L-42902; Annex (Motion to Quash), p.Stated otherwise, the check should have been issued as an inducement for the surrender by the party deceived of his money or property and not in payment of a pre-existing obligation.On October 13, 1975, Judge Paras quashed the information because "(t)he elements of the crime (issuance of the rubber check, attempted encashment, and refusal to honor) alleged in the Information all took place within the territorial jurisdiction, not of Bulacan, but of Caloocan City." The People moved for reconsideration, but on February 9, 1976, the motion was denied.