1. What is the purpose of the law? The essential elements: 1.

A check is postdated
The purpose of the law is to penalize the
making or drawing and issuance of a check
without sufficient funds or credit and for other
purposes. In order to afford protection to
business and the public in general, and prevent
the circulation of worthless checks, Batas
Pambansa (BP) Blg. 22, also known as “An Act
Penalizing the Making or Drawing and Issuance
of a Check Without Sufficient Funds or Credit
and For Other Purposes,” was approved in April
1979.
or issued in payment of an obligation
contracted at the time the check is issued; 2.
Lack or insufficiency of funds to cover the check;
and 3. Damage to the payee thereof. It is the
deceit or fraud attendant to the issuance of the
check which is punished.
There are two ways of violating the said law: By
making or drawing and issuing a chack to apply
on account of for value. Knowing that, at the
time of issue, that the check is not sufficiently
funded. Elements:

1. The making, drawing, and issuance of any

The law punishes the acts of making and check to apply for an account or for value;
issuing a check with knowledge by the issuer
2. The knowledge of the maker, drawer, or
that at the time the check is issued, that he
issuer that at the time of issue he does not have
does not have sufficient funds, and the failure
sufficient funds in or credit with the drawee
to keep sufficient funds to cover the full amount
bank for the payment of such check in full upon
of the check if presented within a period of 90
its presentment; and
days from the date appearing on the check.
3. The subsequent dishonor of the check by the
drawee bank for insufficiency of funds or credit
Section 1 of the law provides: “Where the check
or dishonor for the same reason had not the
is drawn by a corporation, company or entity,
drawer, without any valid cause, ordered the
the person or persons who actually signed the
bank to stop payment.
check in behalf of such drawer shall be liable.
The officer who is accused of signing the check By having sufficient funds in or credit with the
must receive the notice of dishonor. drawee bank at the time of issue but failing to
do so to cover the full amount of the check
Penalty imposable for conviction for issuance
when presented to the drawee bank without a
of bouncing check
period of ninety (90) days. Elements: Any
• Court has not decriminalized B.P. 22 person makes or draws and issues a check;
violations, nor have removed imprisonment as
1. Such a person has sufficient funds in or credit
an alternative penalty.
with the drawee bank;
• Imprisonment of 30 days to 1 year and/or Fine
2. Failure to keep sufficient funds or to maintain
of not less than the amount, but not more than
a credit to cover the full amount of the check if
double the amount of the check, which shall not
presented within a period of ninety (90) days
exceed Php. 200,000.00 The penalty is not
from the date appearing thereon; and
removed, but the courts should reserve
imposing imprisonment as a penalty for serious 3. For which reason, it was dishonored by the
cases. When the violation of BP 22 negatively drawee bank.
affects the social order