BP 22 - FULL TEXT
All Sections
BATAS PAMBANSA BLG. 22
AN ACT PENALIZING THE MAKING OR DRAWING AND ISSUANCE OF A
CHECK WITHOUT SUFFICIENT FUNDS OR CREDIT AND FOR OTHER
PURPOSES.
Section 1. Checks without sufficient funds. - 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, shall be punished by imprisonment of not less
than thirty 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 fine shall in no case exceed Two
Hundred Thousand Pesos, or both such fine and imprisonment at the discretion of
the court.
The same penalty shall be imposed upon any person who, 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 ninety (90) days from the date appearing
thereon, for which reason it is dishonored by the drawee bank.
Where the check is drawn by a corporation, company or entity, the person or
persons who actually signed the check in behalf of such drawer shall be liable under
this Act.
Sec. 2. Evidence of knowledge of insufficient funds. - 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 unless such maker or drawer 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.
Sec. 3. Duty of drawee; rules of evidence. - 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: Provided, That
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 this Act, the introduction in evidence of any unpaid and
dishonored check, having the drawee's refusal to pay stamped or written thereon or
attached thereto, with the reason therefor as aforesaid, shall be prima facie
evidence of the making or issuance of said check, and the due presentment to the
drawee for payment and the dishonor thereof, and 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.
Sec. 4. 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.
Sec. 5. Liability under the Revised Penal Code. - Prosecution under this Act shall
be without prejudice to any liability for violation of any provision of the Revised
Penal Code (http://www.chanrobles.com/revisedpenalcodeofthephilippines.htm) .
Sec. 6. Separability clause. - If any separable provision of this Act be declared
unconstitutional, the remaining provisions shall continue to be in force.
Sec. 7. Effectivity. - This Act shall take effect fifteen days after publication in the
Official Gazette.
Approved: April 3, 1979.
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