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• Elements of violation of Bouncing Checks Law (BP 22)


  • The making, drawing, and issuance of any check to apply for account or for value
  • The knowledge of the maker, drawer, or issuer that at the time of issue he does not have sufficient funds for full payment
  • The subsequent dishonor of the for insufficiency of funds or credit
  • Dishonored for the same reason had not the drawer, without any valid cause, ordered the bank to stop payment
• Knowledge of the maker/drawer

  • MOI is refused by the drawee because of insufficient funds
  • Presented whin 90 days from the date of check
  • Prima facie evidence of knowledge of insufficiency
• Valid defense - payment

  • Maker or drawer is given notice by the bank
  • He pays the holder thereof the amount due thereon
  • Makes arrangement for payment in full within 5 baking days after receiving notice
• Duty of the drawer


  • To cause to be written, printed, or stamped in plain language
  • The reason for drawee's dishonor or refusal to pay the same
  • If there are no sufficient funds, shall always be explicitly stated in notice of dishonor or refusal
• Prima facie evidence


  • The making or issuance of said check
  • The due presentment to the drawee for payment and
  • The dishonor thereof
  • That the same was property dishonored for the reason written, stamped or attached by the drawee on such dishonored check
• Credit


  An arrangement or understanding with the bank for the payment of such check
• Penalty


  • Imprisonment - not less than 30 days but not more than 1 year
  • Fine - not less than but not more than double the amount of the check, which fine shall not exceed the amount of P200,000
  • Both, at the discretion of the court
• Prescriptive period


  Violation of BP 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
• Acquittal on BP 22

  Does not entail the extinguishment of the civil liability for the dishonored checks
• Acquittal based on lack of proof beyond reasonable doubt


  Does not preclude the award of civil damages
• Difference between BP 22 and Estafa by post-dating or issuing a check

  • BP 22: Good faith is NOT a defense, may exist on payment of a pre-existing obligation, requires that accused BOTH drew and issued the check, 5 banking days to make a good check
  • Estafa: Good faith is defense, not applicable for payment of a pre-existing obligation, may be committed by mere issuance of worthless checks, 3 days to make a good check
• Liable for both Estafa and BP 22