BP 22 (BOUNCING CHECKS LAW)
ELEMENTS of Criminal Violation of BP 22 for:
A. issuance of worthless checks
1 Maker/Issuer/Drawer of any check to apply on account for value
2 MID has knowldger of insufficiency of funds
3 w/c check is subsequently dishonored
B. failure to maintain sufficient balance on issued check
1 there's sufficient funds at the time of making/issuing of the check
2 failure to keep SF w/n 90 days
3 the check is dishonored by the drawee bank
4 failure to pay the value w/n 5 banking days after receiving written notice
PENALTY for violation of BP 22
1 Imprisonment - not less than 30 days but not more than 1 yr
2 FINE - not less than but not more than double the amount of the check; not to exceed P200,000
3 Both, at the discretion of the court
DUTY of DRAWEE BANK
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:
*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.
Failure to establish that a written notice of dishonor was actually received by the maker or
drawer of the check is a ground for an acquittal.
DISTINCTIONS BETWEEN BP 22 AND ESTAFA
CRITERION FOR DISTINCTION
BP 22
ESTAFA
Nature of Crime
Type of Crime
Presence of Deceit/Fraud
Presence of Damage
Worthless check
Good Faith as a defense
Notice of Dishonor
Execution
Applicable Penal law
Mala Prohibita
against public interest
Not required
Not required
MANDATORY
Not applicable
REQUIRED
For account/Value
Special Penal Law
Mala in Se
against property
REQUIRED
REQUIRED
Not required
APPLICABLE
Not required
Simultaneously w/ fraud
Revised Penal Code