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Bouncing Checks

Liabilities for Violation of B.P. 22

If a case is filed against me.Situation I issued a check. The person I issued the check to did not inform me that the check bounced. thinking that I had sufficient funds. will it prosper? .

the accused. It must also be shown that you. 22 prosper against me? NO. knew that when you issued the check.P. it must be established that the check was issued and that it was dishonored. To be liable under B. the account will not be sufficiently funded upon presentment of the check to the bank.P. . 22.Will a case of B.

.How can I be made liable under B. 22? For a B. the person who issued the check knew that there would not be sufficient funds if the check is presented to the bank. the following should be sufficiently established: 1. 2.P. 22 case to prosper. 3. At the time of issue. The check is dishonored. A check was issued.P.

This notice creates the presumption that you knew about the insufficiency.How can the complainant prove that I knew (2nd element)? Notice of Dishonor The complainant will sent you a notice of dishonor to prove that you were aware that you had insufficient funds and that the bank dishonored your check. .

the one you issued the check to. .Who can give valid notice of dishonor? The notice of dishonor may be given by: a. Remember that this is a criminal case and the guilt should be established beyond reasonable doubt. the bank. Note! This should be written notice or at least clear proof of notice. or b.

What if notice was really given? The law gives you five (5) banking days after receiving the notice of dishonor to fund the check or make arrangements for the payment. (Banking Days = Monday to Friday) .

What else should we remember? Even if the criminal case will not prosper. . Moral of the Story: Make good on your commitments. you may still be held liable for the civil aspect. This means that you have to pay the person you issued the check to – usually with legal interest and other interests that the Court may impose.

G. 2012) [Uploaded on 16 October 2015]] . People of the Philippines. 22 (An Act Penalizing the Making or Drawing and Issuance of a Check without Sufficient Funds or Credit and for Other Purposes) █ Campos v.R. People of the Philippines. G. 187401 (September 17.Sources █ Batas Pambansa Blg. No. 2014) █ Resterio v. No.R. 177438 (September 24.

volunteers. and contributors expressly disclaim liability of any kind with respect to the use and reliance on anything contained in this presentation or is a public service reserves the right to change this Disclaimer without prior notice. .DISCLAIMER and any of its representatives. Persons confronted with more specific legal issues are encouraged to seek the advice of independent counsel. AttyJuan. Information provided herein is of general information only and is not intended as a substitute for personal professional legal advice. AttyJuan.