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Bouncing Checks Law: Batas Pambansa Bilang No. 22
Bouncing Checks Law: Batas Pambansa Bilang No. 22
Check
A check is a bill of exchange issued by a drawer ordering a drawee bank
to pay the payee named in the check a certain amount either payable to
bearer or order. It is a substitute for money to pay an obligation
incurred.
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PAYEE
DRAWEE
DRAWER
Bouncing check
A check is considered a bouncing check when upon its presentment for
payment, it is dishonoured for insufficiency of funds or when the
account of the drawer is already closed.
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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 90
days from the date appearing thereon, for which reason it is dishonored by
the drawee bank (Sec.1).
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1. That a person has sufficient funds in or credit with the drawee bank
when he makes or draws and issues a check;
2. That he fails to keep sufficient funds or to maintain a credit to cover
the full amount of the check if presented within a period of 90 days from
the date appearing thereon; and
3. That the check is dishonored by the drawee bank.
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Sec. 3 of B.P. 22 requires that the holder of the check of the drawee
bank, must notify the drawer of the check that the same was
dishonored, if the same is presented within 90 days from the date of the
issuance, and upon notice, the drawer has five days within which to
make arrangements for the payment of the check or pay the same in
full.
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If the stop payment is reasonable and with a just cause, there can be no
violation of B.P. 22. If it is unreasonable, there can be a violation of B.P.
22.
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Art. 315. Swindling (estafa). — Any person who shall defraud another
by any of the means mentioned hereinbelow shall be punished by:
Xxx
2. By means of any of the following false pretenses or fraudulent acts
executed prior to or simultaneously with the commission of the
fraud: x x x
(d) [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.
The failure of the drawer of the check to deposit the amount necessary to
cover his check within three (3) days from receipt of notice from the bank
and/or the payee or holder that said check has been dishonored for lack
of insufficiency of funds shall be prima facie evidence of deceit
constituting false pretense or fraudulent act.
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B.P. 22 vs Estafa
B.P. 22 ESTAFA
Malum prohibitum. Malum in se.
Crime against public interest. Crime against property.
Deceit not required. Deceit is an element.
Punishes the making or drawing of any check that is The act constituting the offense is postdating or
subsequently dishonoured, whether issued in issuing a check in payment of an obligation when
payment of an obligation or to merely guarantee an the offender has no funds in the bank or his funds
obligation. deposited therein were not sufficient to cover the
Issuance of a check not the non-payment of amount of the check.
obligation is punished.
Violated if check is issued in payment of a pre- Not violated if check is issued in payment of a pre-
existing obligation. existing obligation.
Damage not required. There must be damage.
Drawer is given 5 banking days to make Drawer is given 3 days to make arrangements of
arrangements of payment after receipt of notice of payment after receipt of notice of dishonour.
dishonour.