Some people still have confidence, which confidence may be regarded as misplaced by others, in the deterrent effect of Batas Pambansa Blg. 22, also known as the “Bouncing Checks Law” (full text here). Here are some things a layman should know:
1. Filing fees are generally not required for criminal cases. For B.P. 22 cases, however, the complainant is required to pay the filing fee (based on the value of the check/s and the damages claimed, just like in civil cases) upon filing of the case in court.
2. One major deterrent against the issuance of bouncing checks is the threat of a warrant of arrest being issued once the criminal case is filed in court. This is no longer true. No warrant of arrest is issued unless the accused fails to appear when required by the court.
3. Even if a criminal case under B.P. 22 is filed, the court cannot issue a hold-departure order. All violations of the Bouncing Checks Law, regardless of the amount involved, are filed only with the municipal/metropolitan trial courts. These courts cannot issue a hold-departure order.
4. Courts have the discretion of imposing: (a) imprisonment only; (b) fine only; OR (c) both. It is entirely possible that only a fine, without imprisonment, will be imposed.
5. The issuer is not automatically liable simply because the check “bounced”. A check generally “bounces” when dishonored upon presentment (reasons include: account closed, drawn against insufficient funds or DAIF). However, it is indispensable that the issuer must be notified in WRITING about the fact of dishonor, and he has five (5) days from receipt of the written notice within which to pay the value of the check or make arrangements for the payment thereof. This is based on the 1999 decision of the Supreme Court in King vs. People of the Philippines (G.R. No. 131540).
Recently, the SC “appears” to have relaxed this ruling in the 2005 case of Yulo vs. People of the Philippines (G.R. 142762). In this case, the SC reiterated the elements or requisites of the offense penalized by 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 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) the subsequent dishonor of the check by the drawee bank for insufficient funds or credit or dishonor for the same reason had not the drawer, without any valid cause, ordered the bank to stop payment.
It is immediately clear that the “written notice” is not an element of the crime. In fact, in the Yulo case, the High Tribunal rejected the argument of the accused regarding the absence of a written notice, thus:
We likewise find no reason to sustain petitioner’s contention that she was not given any notice of dishonor. Myrna had no reason to be suspicious of petitioner. It will be recalled that Josefina Dimalanta assured Myrna that petitioner is her “best friend” and “a good payer.” Consequently, when the checks bounced, Myrna would naturally turn to Josefina for help. We note that Josefina refused to give Myrna petitioner’s address but promised to inform petitioner about the dishonored checks.
This ruling, however, did not categorically overturn the doctrine enunciated in the earlier King case. In other words, at this stage, both sides could logically argue either way. (See also: Basic Reminders in Preventing Check Fraud)
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Hello po. You mentioned that even if bp 22 has been filed the court cannot issue a hold departure order. Unfortunately, I have a bad experience with that hold departure order. I was going to Singapore to attend a conference but I was held at immigration because apparently a hold departure order was issued to someone who has the same name as mine. Furthermore, the hold departure order has the name only (my name is a very common name) indicated and the case which is violation of bp22. There is no data on the birthday, or no picture was even sent by the court. So I was asked to get a Certificate of Not the same person from the Bureau of Immigration. Since my NBI clearance has a hit also, they told me that if I wanted to speed up the Certification (because I have to leave again for another trip outside the country) I have to get a Certification of not the same person from the municipality where the case was filed. Imagine me taking several days of leave just to be able to prove my innocence. I have to suffer because of that hold departure order. I would appreciate if you could comment on this. Thank you.
I would like ask kung paano ang format ng small claims demand letter and kung ano gagawin.. kasi may pinahiram ako na staff ng bank for 20k with 6%per month for 5 months..she issued me 10 checks of 2600…but only 1 check nag good and the rest nag account closed..she is still working with bank but dont know her home address kasi palipat lipat siya..want to send her the demand letter to her office…HR and bank union..baka madami pa sya maloko..can you send me the format and steps how to claim?.thank you
An intention to pay cheque on a closed account than insufficient fund account
Is it the same bp22 case penalty paying in bad faith plz reply. on how the case be files tnx
Hi Atty. Fred,
You mentioned that “it is indispensable that the issuer must be notified in WRITING about the fact of dishonor, and he has five (5) days from receipt of the written notice within which to pay the value of the check or make arrangements for the payment thereof.” Does this written notice need to originate from a lawyer or the complainant can send it to the issuer of the check in his/her own capacity?
Thanks.
is the issued check has a validity period para magamit sa bp22? Example po na issue ang cheke tapos ipinasok lang after 3 months then nag bounce na….then hindi na sya na redeposit at nag compromise na lang na babayaran muna ang interest pero verbal lahat…tapos lumipas ang isang taon hindi na makabayad ng interest…so ipinababalik na lang ay ang principal pero hindi na rin maibalik….now magdedemanda sya at gagamitin nya yung nag bounce na cheke which is a year ago na….pede pa ba yun gamitin as evidence pa rin…wala naman mga kasulatan…
Good pm Gladys..
Sa Demand Letter kung mag file k ng Small Claims sa MTC dapat ang demand letter mo is not more than 100K as rules and procedure sa SMC. Then ung demand letter mo is dapat naka address sya kung saan nakatira or nagwork. When it comes to format ng DEMLET dapat naka saad kung anu ang kontrata ng pagpapahiram mo sa kanya…Kung SMC ang ikakaso mo dapat makapaghabla ka sa kanya ng kaso bago lumampas ng sampung taon kc ung ang procedure when it comes to written contract…at kung BP 22 ikakaso mo dapat within 90 days naka file kana ng complain.
hi Goodmorningm
ask ko lang po kung reply below question as we have the same case, thankyou nad godblessed,
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hi warrior.
Gug pm.. tanong ko lang po may loan po kasi ako last year, and i issue post dated check, kasi un daw un required,. nakakabayad naman ako on time before, kaso due to finacial crisis, at nawalan na din po ako ng trabaho, bread winner pa ko sa pamilya ko.. d na ko nakahulog, parang nagclose aacount na ako sa bangko kasi hindi ko na sya napopondohan ng pera.. sa ngayon po kasi wala pa po akong trabaho, naghahanap palang..
Ano po bang pwede kong gawin?
Ano po ba makukulong po ba ako?
Please advise me…
Thank you po..
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Hi Chad! What happened sa loan mo? Ngfile ng kaso ang bank sayo?
Hi po we filed a group case for BP 22 checks issued for three of us that was bounce with markings of DAIF, STOP PAYMENT & account closed. It was dismissed allegedly telling the prosecutor of full payment. Submitted an accounting report not even duly sign by anyone nor an accountant. Checks was issued in bicol & was deposited on 3 places where our bank account located. Is it true that the jurisdiction to file case is where the transaction was made? Transaction meaning where it is deposited & bounces. This checks issued has accompanied list of postdated checks sign by the issuer. If the jurisdiction is where it is deposited & bounces, can we file a new case on where our bank account located? How come it was dismissed?
Thank you po.
What happens when i am about to pay an old case i just found out that it does exist any more? And the person who charged me is not authorized to collect the money. Is entitled to this money because she charged me for the company?what is the next step a lawyer would do?
Magandang hapon po..
Nong may 2014 my kaibigan po ako na ofw,nag loan sya sa lending company,ginawa po akong co maker at pnag
Open nla ako ng cheking account kahit wla akong account sa banko,at kahit alam nla na ang hanapbuhay ko ay gumagawa ng basahan.sa madaling slita nakautang ung kaibigan ko ng 40,k hagang nakaalis sya papuntang saudi,updated naman nakapaghulog sa banko ang kaibigan ko da pangalan ko papunta sa lending company hangang tntx nlang ako nong feb.20,2015 na my criminal case daw po ako at kailalan ko daw komontak sa legal lending company……..tinawagan ko kong bakit cla mananakot,kc daw ang kaibigan ko d na raw naghuhulog ng utang nya nong oct.2014
Ang sagot ko,bkit pnatagal nyo ng feb 2015 ako takotin,dapat nong d na sya nakapagpadala tnawaga nla ako para magawan ko ng paraan na ma contact ko…
Nalaman ko na pinauwi sya ng amo nya kc nagkasakit at d ko sya na conact …july 21,2015 nag txt ang lending na my criminal case at warant of arrest ako august 2015 at sept 2015 un parin panakot nla,ang sakin lang bakit ganun alam naman nla na hindi ako mismo ang utang bakt ako gusto nla ipakulong?hndi pa nacyahan tinawagan ung tiyahin ko at tntxt na ang utang ko daw ay 101,500k at huhulihin nlang ako ng pulis..
Nong dec.2 2015 my notice domating sa address na nabigay ko sa kanila my un daw naghatid mula bakod hangang loob ng bahay pumasok na wlang phintulot ng tao na nasa loob ng bahay….nong mach 26,2016 my dating na bp22 case at ang arraignment sa april 19,2016 ang lending tumawag nong april 8,2016 sbi ko don nlang kami mag usap kc d narin nla pinakingan ang kaibigan ko na nalaman nla na nagkasakit at operasyon ang nanyari,ang sagot lang nla na ang kailangan ang perang mabayad at wla daw cla pakialam at upakulong daw kaming dalawa ng kaibigan ko….
Inaasahan ko po ang inyong kasagutan
Maraming salamat po!!!
God bless!
Ano na Patie ano update same case tayo update naman pls