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This Page Features The Full Text Of: Batas Pambansa Bilang 22. The Anti-Bouncing Check Law

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A collection of Philippine laws, statutes and codes

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This page features the full text
of
Batas Pambansa Bilang 22. chanrobles virtual law library

THE ANTI-BOUNCING CHECK


LAW. chanrobles virtual law library

 
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 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. 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 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 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.

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