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Check

A person can be criminally liable under B.P. Blg. 22 even if a check was issued only as security. The law punishes the act of issuing a worthless check, regardless of its intended purpose. Key factors include the issuance of the check, its bouncing, and the issuer's failure to rectify the situation within 5 banking days after notice.

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11 views1 page

Check

A person can be criminally liable under B.P. Blg. 22 even if a check was issued only as security. The law punishes the act of issuing a worthless check, regardless of its intended purpose. Key factors include the issuance of the check, its bouncing, and the issuer's failure to rectify the situation within 5 banking days after notice.

Uploaded by

reigoraoul56
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Bar Question (1995, simplified):

Is a person criminally liable under B.P. Blg. 22 if the check he issued was used just as a security
and not for payment?

Answer (Simplified):

Yes, a person can still be criminally liable under B.P. Blg. 22 even if the check was issued only
as a security.

● Why? Because B.P. Blg. 22 punishes the act of issuing a worthless (bouncing) check,
not the reason behind issuing it.

● The law focuses on the act of issuing a check that later bounces due to insufficient funds
or because the account is closed.

● It doesn’t matter if the check was meant as payment, a loan guarantee, or security —
once it’s issued and dishonored, the law applies.

Key Concept:

The purpose of the check (payment vs. security) does not matter under B.P. Blg. 22. What
matters is that:

1. A check was issued,

2. It bounced,

3. The issuer failed to make good within 5 banking days after notice.

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