09 - BP 22 (Bouncing Checks Law)

C. B. No. 9 / 75 OG No.
15, 3291 (April 9, 1979)
[ BATAS PAMBANSA BLG. 22, April 03, 1979 ]

AN ACT PENALIZING THE MAKING OR DRAWING AND
ISSUANCE OF A CHECK WITHOUT SUFFICIENT FUNDS
OR CREDIT AND FOR OTHER PURPOSES.
Be it enacted by the Batasang Pambansa in session assembled:
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 five (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.
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.
Source: Supreme Court E-Library

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C. B. No. 9 / 75 OG No.

15, 3291 (April 9, 1979)

[ BATAS PAMBANSA BLG. 22, April 03, 1979 ]

Be it enacted by the Batasang Pambansa in session assembled:

SECTION 1. Checks without sufficient funds.—Any person who makes or draws

Where the check is drawn by a corporation, company or entity, the person or

SEC. 2. Evidence of knowledge of insufficient funds.—The making, drawing and

SEC. 4. Credit construed.—The word "credit" as used herein shall be construed

SEC. 6. Separability clause.—If any separable provision of this Act be declared

Approved, April 3, 1979.

Source: Supreme Court E-Library

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