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BATAS PAMBANSA BLG.

221
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 for or 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
dishonoured by the drawee bank for insufficiency of funds or credit or would have
been dishonoured 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 check which fine shall in no case
exceed Two Hundred Thousand Pesos, or both such fine and imprisonment at the
discretion of the court.
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 or 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 dishonoured 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.
BP Blg. 22 may be violated in two ways:
1. By making or drawing and issuing 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 dishonoured by the drawee bank for insufficiency of funds or
credit or would have been dishonoured for the same reason had not the drawer,
without any valid reason, ordered the bank to stop payment.
Elements of the offense:
a. That the person makes or draws and issues any check;
b. That the check is made or drawn and issued to apply on account or for value;
c. That the person who makes or draws and issues the check knows at the time of
issue that he does not have the sufficient funds in or credit with the drawee bank
for the payment of such check in full upon its presentment; and
d. That the check is subsequently dishonoured by the drawee bank for insufficiency
of funds or credit, or would have been dishonoured for the same reason had not
the drawer, without any valid reason, ordered the bank to stop payment
2. Having sufficient funds in or credit with the drawee bank when he makes or draws
and issues the check, by failing to keep sufficient funds or to maintain a credit to
cover the full amount of the check if presented within a period of nine (90) days from
the date appearing thereon, for which reason it is dishonoured by the drawee bank.
Elements of the offense:
a. That the person has sufficient funds in or credit with the drawee bank when he
makes or draws and issues a check;
b. That he fails to keep sufficient funds or to maintain a credit to cover the full
amount of the check presented within a period of ninety (90) days from the date
appearing thereon; and
c. That the check is dishonoured by the drawee bank.

GRAVAMEN OF BP 22 IS THE ISSUANCE OF THE CHECK, not the non payment of an


obligation (Lozano vs Martinez, 146 SCRA 323)
The law has made the mere act of issuing a bum check a malum prohibitum (People
vs Laggui, 171 SCRA 305)
BP 22 does not make a distinction as to whether the bad check is issued in payment
of an obligation or to merely guarantee an obligation
Section 1 imposes the penalty of imprisonment or a fine of not less than but not more
than double the amount of check, which fine shall not exceed P200,000.00 or both at
the discretion of the court.

1 Approved on April 3, 1979

Section 2. Evidence of knowledge of insufficiency of funds.- The making, drawing


and issuance of 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 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 arrangement for payment in full by the
drawee of such check within five (5) banking days after receiving notice that such
check has not been paid by the drawee.
It should be noted that BP 22 requires that the person who makes or draws and
issues a check must have knowledge at the time of issue that he does not have
sufficient funds in or credit with the drawee bank;
Section 2 established prima facie evidence of knowledge of such insufficiency of
funds or credit. 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, is
prima facie evidence of knowledge of insufficiency of funds or credit, when the check
is presented within 90 days from the date of the check
The element of knowledge of insufficiency of funds or credit is not present and
therefore the crime does not exist, when the drawer either
a. Pays the holder of the check the amount due thereon within 5 banking days after
receiving notice that such check has not been paid by the drawee; or
b. Makes arrangements for payment in full by the drawee of such check within 5
banking days after notice of non-payment.
Section 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 drawees dishonour 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
dishonour or refusal. In all prosecutions under this Act, the introduction in
evidence of any unpaid and dishonoured check, having the drawees refusal to
pay stamped or written thereon, or attached thereto, with the reason therefor as
aforesaid, shall be prima facie evidence of the making and issuance of said check,
and the due presentment to the drawee for payment and the dishonour thereof,
and that the same was properly dishonoured for the reason written, stamped or
attached by the drawee on such dishonoured 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.

Section 3 requires the drawee, who refuses to pay the check to the holder thereof, to
cause to be written, printed or stamped in plain language thereon, or attached
thereto, the reason for drawees dishonour or refusal to pay the same;
If the drawee bank received an order to stop payment from the drawer, the former
shall state in notice that there were no sufficient funds in or credit with it for payment
in full of the check, if such be the fact;
In all prosecutions under BP 22, the introduction in evidence of any unpaid and
dishonoured check with the drawees refusal to pay stamped or written thereon, or
attached thereto, shall be prima facie evidence of
a. the making and issuance of said check;
b. the due presentment to the drawee for payment and the dishonour thereof, and
c. the fact that the same was properly dishonoured for the reason written, stamped
or attached by the drawee on such dishonoured check.

Section 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.
Section 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.

Issuing a check in payment of an obligation, which is subsequently dishonoured, may


be punished under the RPC and under BP 22.
Such act of issuing a check without or with insufficient funds in the bank may be
punished under both laws

In estafa under Art 315 No. 2(d) of the RPC, as amended by RA 4885 2, the act
constituting the offense is postdating or issuing a check in payment of obligation
when the offender has no funds in the bank or his funds deposited therein were not
sufficient to cover the amount of the check
Deceit is an element of estafa and may be presumed for the failure of the drawer to
deposit the amount necessary to cover the check within 3 days from deceit of notice
of dishonour for lack or insufficiency of funds in the bank. Deceit is not required in BP
22
There must be damage in estafa, the same being the basis of [penalty

2 Amended Section 2 Paragraph (d) of Article 315 of the RPC:Sec 2. By means of any of the following

false pretenses or fraudulent acts executed prior to or simultaneous with the commission of the fraud:
(d) By postdating a check, or issuing a check in payment of an obligation when the offender
had no funds in the bank or his funds deposited therein were not sufficient to cover the amount
of the check . The failure of the drawer of the check to deposit the amount necessary to cover
his check within 3 days from receipt of notice from the bank and/or payee or holder that said
check has been dishonoured for lack or insufficiency of funds shall be prima facie evidence of
deceit constituting false pretense or fraudulent act.