The Anti-
Bouncing
Check Law
BATAS PAMBANSA
BLG. 22
WHAT IS BP 22?
BP22 or Batas Pambansa
Bilang 22 or most commonly
known as "Bouncing Checks
Law" in the Philippines. This
Law penalizes the making or
issuance of a check that is
dishonored due to insufficient
funds or a closed account.
Section 1 of the Bouncing Checks Law penalizes two distinct acts:
Making or drawing and issuing any check to apply on
account or for value, knowing at the time of issue that
the drawer does not have sufficient funds in or credit
with the drawee bank.
Having sufficient funds in or credit with the drawee
bank but failing to keep sufficient funds or to maintain
credit to cover the full amount of the check if presented
within a period of 90 days from the date appearing
thereon, for which reason it is dishonored by the
drawee bank.
PERSON LIABLE UNDER
BP 22
1
Any Person who makes or draws and issues
any check to apply on account or for value,
knowing at 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.
PERSON LIABLE UNDER
BP 22
Any person who, having sufficient funds in or
2
credit with the drawee bank when he makes or
drawn 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 or ninety (90) days
from the date appearing thereon, for which
reason it is dishonored by the drawee bank.
Elements of Violation
1 The making, drawing, and
issuance of any check to apply
for account or for value;
2 The knowledge of the maker, drawer,
or issuer that at the time of issue does
not have sufficient funds in or credit
with the drawee bank for the payment
of the check in full upon its
presentment; and
Elements of Violation
a) The subsequent dishonor of the check
3
by the drawee bank for insufficiency of
funds or credit
or
(b) would have been dishonored for the
same reason had not the drawer,
without any valid
cause, ordered the bank to stop
payment.
SECTION 3.
DUTY OF THE DRAWEE
ln all prosecutions under BP 22, the introduction in evidence of
It shall be the duty of the drawee of any unpaid and dishonored check, having the drawee's refusal
any check, when refusing to pay the
same to the holder thereof upon to pay stamped or written thereon or attached thereto, with
presentment, to cause to be written,
printed, or stamped in plain language the reason therefor as a foresaid shall be prima facie
thereon, or attached thereto, the
reason drawee's dishonor or refusal
evidence of:
to pay the same
1. The making or issuance of said check, and
2. The due presentment to the drawee for payment and
3. The dishonor thereof, and
4. That the same was properly dishonored for the reason
written, stamped or attached by the drawee on such
dishonored check.
PENALTY AND
PRESCRIPTIVE PERIOD
1. Imprisonment - not less than 30 days
but not more than 1 year
2. Fine - not less than but not more than
double the amount of the check, which
fine shall not exceed the amount of
P200,000; or
3. Both, at the discretion of the court.
(Prescriptive period of BP 22 Violation of B.P. Blg. 22
prescribes in four (4) years from the commission of the
offense or, if the same be not known at the time, from the
discovery thereof)
ELEMENTS OF ESTAFA according
to Supreme Court
1. The offender has postdated or issued a check in
payment of an obligation contracted at the time
of the postdating or issuance;
At the time of postdating or issuance of said
2. check, the offender has no funds in the bank or
the funds deposited are not sufficient to cover
the amount of the check; and
3 The payee has been defrauded.
DIFFERENCE WITH ESTAFA BY POST-DATING
OR ISSUING A WORTHLESS CHECK
GOOD FAITH IS A PAYMENT OF A PRE- ESTAFA MAY BE COMMITTED PERIOD TO MAKE
EXISTING OBLIGATION BY MERELY ISSUING A GOOD THE CHECK
DEFENSE IN ESTAFA WORTHLESS CHECK
Estafa: Estafa: Estafa:
✅ Good faith is a valid ✅ No estafa if the
Estafa:
⚠️ May be committed ⏳ 3 days to make
defense. check pays a pre- good the check.
✅ No deceit if the issuer existing obligation.
✅ No deceit involved.
by merely issuing a
worthless check.
informs payee not to BP Blg. 22:
present the check.
BP Blg. 22: BP Blg. 22: ⏳ 5 banking days
BP Blg. 22: ❌ Liability may still ❗ Requires that the grace period.
❌ Good faith is NOT a arise even for pre-
existing obligation
accused both drew
and issued the check.
defense.
Thank you!
