LOZANO v. MARTINEZ
LOZANO v. MARTINEZ
LOZANO v. MARTINEZ
MARTINEZ
G.R. NO. L-63419; December 18, 1986
YAP, J.:
FACTS: Petitioners were charged with a violation of the Bouncing Check Law (Batas
Pambansa Bilang 22). Said law punishes a person "who makes or draws and issues
any check 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 said check in full
upon presentment, which check is subsequently dishonored by the drawee bank for
insufficiency of funds or creditor would have been dishonored for the same reason had
not the drawer, without any valid reason, ordered the bank to stop payment” which
violates the inhibition against imprisonment for debt explicitly stated in the Bill of
Rights, specifically Art. 3, sec. 20 which provides that “No person shall be imprisoned
for debt or non-payment of a poll tax." Petitioners insist that, since the offense under
BP 22 is consummated only upon the dishonor or non-payment of the check when it is
presented to the drawee bank, the statute is really a "bad debt law" rather than a "bad
check law." What it punishes is the non-payment of the check, not the act of issuing it.
The statute, it is claimed, is nothing more than a veiled device to coerce payment of a
debt under the threat of penal sanction.
ISSUE: Whether or not the Bouncing Check Law transgressed the constitutional
inhibition against imprisonment for debt?
RULING: NO. The enactment of the Bouncing Check Law is a valid exercise of the
police power and is not repugnant to the constitutional inhibition against imprisonment
for debt. The gravamen of the offense punished by the law is the act of making and
issuing a worthless check or a check that is dishonored upon its presentation for
payment. It is not the non-payment of an obligation that the law punishes. The law is
not intended or designed to coerce a debtor to pay his debt. The thrust of the law is to
prohibit, under pain of penal sanctions, the making of worthless checks and putting
them in circulation. Because of its deleterious effects on the public interest, the
practice is proscribed by the law. The law punishes the act, not as an offense against
property, but an offense against public order.
The effects of the issuance of a worthless check transcend the private interests of the
parties directly involved in the transaction and touch the interests of the community at
large. The mischief it creates is not only wrong to the payee or holder but also an injury
to the public. The harmful practice of putting valueless commercial papers in
circulation, multiplied a thousandfold, can very wen pollute the channels of trade and
commerce, injure the banking system, and eventually hurt the welfare of society and
the public interest.
The enactment of the Bouncing Check Law is a declaration by the legislature that, as a
matter of public policy, the making and issuance of a worthless check is deemed a
public nuisance to be abated by the imposition of penal sanctions.