BP 22 Flashcards
What are the requisites to be liable under B.P.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 insufficiency of funds
or credit or dishonor for the same reason had not the drawer, without any valid cause,
ordered the bank to stop payment
How is credit construed under B.P.22?
shall be construed to mean an arrangement or
understanding with the bank for the payment of such a check.
If the accused is found guilty, BP 22 provides that the penalty for its violation is?
imprisonment of thirty days to one year or a fine double the value of the check or both
at the discretion of the court.
The law presumes that the issuer knew of the insufficiency of his funds if the check is
dishonored within:
ninety days from issuance
How much is the fine imposed to any person who makes and issues checks for value with
insufficient funds?
A fine not less than or not more than double amount of the check which does not
exceed Php 200,000
Is there an exception to the presumption, when 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?
Yes. The presumption does not apply when the maker or drawer pays the holder of the
check the amount due or makes arrangement for payment in full by the drawee of such
a check within 5 banking days after receiving notice that such check has not been paid
by the drawee
Who shall be liable in BP22 in case the check is issued by a corporation
Where the check is drawn by a corporation, company or entity, the person or persons
who signed the check on behalf of such drawer shall be liable. This means that the
officers signing the check for the corporation will be the ones liable
Given that no person shall be imprisoned for non-payment of debt, is Batas Pambansa Blg. 22
constitutional?
Yes, it is constitutional. What is punished by this law is the act of making and issuing of a
worthless check or a check that is dishonored upon its presentation for payment, and
NOT the non-payment of the obligation.
When is a check considered “bounced”?
A check is considered “bounced”, when it is dishonored upon presentation (reasons
include: account closed, drawn against insufficient funds or DAIF).
Are filing fees generally required for criminal cases?
No, however, the complainant is required to pay the filing fee upon filing of the case in
court.
What imposition does the Court have the power of?
The court holds the choice of imposing: (a) imprisonment only; (b) fine only; OR (c) both.
It is entirely possible that only a fine, without imprisonment, will be imposed.
When is a warrant of arrest issued by the Court to the accused?
When the accused fails to appear when required by the court.
How many days does the issuer must pay the value of the check according to the written
notice?
the issuer must pay within 5 days
