BATAS PAMBANSA BILANG 22: THE BOUNCING CHECK LAW

•What is Batas Pambansa Blg. 22?

-Batas Pambasa Blg. 22, also known as The Bouncing Check Law, penalizes the making or
drawing and issuance of a check without sufficient funds or credit for other purpose.

•Who is liable for The Bouncing Check Law?

-Any person who makes or draws and issues 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.

•What are the elements of violation of BP 22?

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 at the time of the issuer that at the the of the
issue he does not have sufficient funds in or credit with the drawer bank for the payment of the
check in full upon its presentment.

3. The 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. (Bayani v. People, GR No. 154947)

•What must be proven to arise the presumption of issuer's knowledge of insufficiency of

funds?

For the presumption to arise, the prosecution must prove the following:

1. The check is presented within 90 days from the date of the check.

2. The drawer or maker if the check receives notice that such check has not been paid by the
drawee.

3. The drawer or the maker of the check fails to pay the holder of the check the amount there
on, or make arrangements for payment in full within five (5) banking days after receiving notice
that such check has not been paid by the drawee.
•What is the recognize defense for BP 22?

Only a full payment of the face value of the check at the time of its presentment or during the
five-day period could exonerate the accused from criminal liability.

•Will the subsequent payment of the amount due on check during the pendency of the case
will remove criminal liability?

The subsequent payment of the amount due on check during the pendency of the case will not
result in freeing someone from criminal liability because the same had already attached after
the check was dishonored. The said subsequent payments can only affect the civil liability but
not criminal liability. The gravemen of BP 22 is the issuance of a check, not the non-payment of
the obligation. (Macalaglag v. People GR No. 164358)

•Is good faith a defense in BP 22?

The allegations of good faith is immaterial because the offense in question is "malum
prohibitum"

•What is the punishment or/and penalty imposed for violation of BP 22?

The act is punishable by imprisonment of not less than thirty (30) days but not more than one
(1) year or by a fine of not less than but not more than double the amount of the check, which
shall not exceed P200,000, or both fine and imprisonment at the discretion of the court.

•What is the prescriptive period for filing a complaint for violation of BP 22?

Section 1 of Act No. 3326 states that the prescriptive period for filing a complaint for violation of
BP 22 is four (4) years from the day of the commission of the violation of the law, or if not
known at that time, from the discovery thereof.