10/5/2017 BATAS PAMBANSA BILANG 22 - CHAN ROBLES VIRTUAL LAW LIBRARY

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Batas Pambansa Bilang 22. chanrobles virtual law library

THE ANTI-BOUNCING CHECK LAW. chanrobles virtual law library

On-Line Bar
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Revised Penal Code of the Philippines - Quick Glance

Book One
Articles 1- 113
Book Two
Articles 114-367

BATAS PAMBANSA BLG. 22

AN ACT PENALIZING THE MAKING OR DRAWING AND ISSUANCE OF A CHECK WITHOUT
SUFFICIENT FUNDS OR CREDIT AND FOR OTHER PURPOSES.

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

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10/5/2017 BATAS PAMBANSA BILANG 22 - CHAN ROBLES VIRTUAL LAW LIBRARY
by a fine of not less than but not more than double the amount of the check

MCLE:
which fine shall in no case exceed Two Hundred Thousand Pesos, or both such
fine and imprisonment at the discretion of the court. chan robles virtual law
library

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
DebtKollect 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 (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

Intellectual 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
Property 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.

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