ANTI-BOUNCING CHECKS LAW
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 he does not have sufficient
funds in or credit with the drawee bank for the
payment of the check in full upon its presentment;
and
3. (a) The subsequent dishonor of the check 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.
Knowledge of the maker/drawer: The making,
drawing and issuance of a check payment of which is
refused by the drawee because of insufficient funds
in or credit with such bank, when presented within
ninety (90) days from the date of the check, shall be
prima facie evidence of knowledge of such
insufficiency of funds or credit.
Valid Defense - payment; Requirement of Notice:
Such maker or drawer will not be liable if he pays
the holder thereof the amount due thereon, or makes
arrangements for payment in full by the drawee of
such check within (5) banking days after receiving
notice that such check has not been paid by the
drawee.
DUTY OF THE DRAWEED
It shall be the duty of the drawee of any check, when
refusing to pay the same to the holder thereof upon
presentment, to cause to be written, printed, or
stamped in plain language thereon, or attached
thereto, the reason for drawee's dishonor or refusal
to pay the same.
Where there are no sufficient funds in or credit with
such drawee bank, such fact shall always be explicitly
stated in the notice of dishonor or refusal.
In all prosecutions under BP Blg 22, the introduction
in evidence of unpaid and dishonored check, having
the drawee's refusal to pay stamped or any aforesaid,
written thereon or attached thereto, with the reason
therefor as shall be prima facie evidence of:
1. The making or issuance of said check, and
2. The due presentment to the drawee for payment
and
3. The dishonor thereof, and drawee for payment
and
4. That the same was properly dishonored for the
reason written, stamped or attached by the
drawee on such dishonored check.
Notwithstanding receipt of an order to stop payment,
the drawee shall state in the notice that there were
no sufficient funds in or credit with such bank for the
payment in full of such check, if such be the fact.
CREDIT CONSTRUED
The word "credit" as used herein shall be construed
to mean an arrangement or understanding with the
bank for the payment of such check.
EFFECT OF ACQUITTAL ON CIVIL LIABILITY
An acquittal does not entail the extinguishment of the
civil liability for the dishonored checks. An acquittal
based on lack of proof beyond reasonable doubt does
not preclude the award of civil damages. (Mateo v.
People, GR 200090, March 6, 2013)
PENALTY AND PRESCRIPTIVE PERIOD
Penalty:
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: 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
DIFFERENCE WITH ESTAFA BY POST-DATING OR
ISSUING A WORTHLESS CHECK
1. GOOD FAITH IS A DEFENSE IN ESTAFA: - So that
when the accused who issued the check believing
that he would be able to make the corresponding
deposit, informed the complainant, when he sensed
that he could not make the deposit, not to present the
check to the bank for cancellation, he could not be
held liable for Estafa. (See People vs. Villapando) By
informing the payee, there is no deceit. (Firestone
Tire and Rubber Co. of the Philippines vs. Ines Chavez)
In BP Blg. 22, good faith is NOT a valid defense.
2. PAYMENT OF A PRE-EXISTING OBLIGATION -
NO ESTAFA: If the check is in payment of a pre-
existing obligation there is no deceit and hence, the
crime of Estafa cannot exist.
In BP Blg. 22, even if the check is issued to pay a pre-
existing obligation, there may still be liability.
3. ESTAFA MAY BE COMMITTED BY MERELY
ISSUING A WORTHLESS CHECK - unlike in BP Blg.
22 which requires that the accused BOTH drew and
issued the check.
4. PERIOD TO MAKE GOOD THE CHECK - is only 3
days in estafa, but 5 banking days in BP Blg. 22.
LIABLE FOR BOTH ESTAFA AND BP 22: Under Sec.
5 of BP Blg. 22, the prosecution thereof shall be
without prejudice to any liability for violation of any
provision of the RPC. It is now well settled that a
single act can give rise to Estafa and at the same time
to violation of BP Blg. 22.