BOUNCING CHECKS LAW (Batas Pambansa
Blg. 22)
Two ways to commit a violation of B.P 22;
elements
A. Drawing a Check Without Sufficient
Funds
1. A person makes or draws and issues
any check
2. The check is made or drawn and
issued to apply on account or for
value
3. The person who makes or draws and
issues the check knows 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
4. The 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 valid reason, ordered the
bank to stop payment.
B. Failing to Keep Sufficient to Cover a
Check Issued
1. A person has sufficient funds in or
credit with the drawee bank when
he makes or draws and issues a
check
2. He fails to keep sufficient funds or
maintain a credit to cover the full
amount of the check if presented
within 90 days from the date
appearing
3. The check is dishonored by the
drawee bank
The elements may be summarized as
follows:
1. The making, drawing, and
issuance of any check to
apply for account or for
value;
2. The knowledge of the maker,
drawer, or issuer that at the
time of issue he does not
have sufficient funds in or
credit with the drawee bank
for the payment of the check
in full upon its presentment;
and
3. The subsequent dishonor of
the check by the drawee
bank for insufficiency of
funds or credit or dishonor
for the same reason had not
the drawer, without any valid
cause, ordered the bank to
stop payment.
 Prima facie evidence of knowledge
of the maker/drawer:
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. (“Prima facie
evidence” means “evidence
sufficient to establish a fact or to
raise a presumption of fact unless
rebutted.”)
Defense against liability: The maker or the
drawer will not be liable if he pays the
holder of the check the amount due
thereon, or makes arrangements for
payment in full by the drawee of such check
within five banking days after receiving
notice that such check has not been paid by
the drawee.
Based on Section 2 of B.P. 22, the
presumption that the issuer had knowledge
of the insufficiency of funds is brought into
existence only after it is proved that the
issuer had received a notice of dishonor and
that within five days from receipt thereof,
he failed to pay the amount of the check or
to make arrangements for its payment. The
presumption or prima facie evidence as
provided in this section cannot arise, if such
notice of non-payment by the drawee bank
is not sent to the maker or drawer, or if
there is no proof as to when such notice
was received by the drawer, since there
would simply be no way of reckoning the
crucial 5-day period. (Yu Oh v. CA, 451 Phil.
380 [2003])
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;  check. In Estafa, the drawee only has
- 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.
- 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.
Credit construed. —The word "credit"
means “an arrangement or understanding
with the bank for the payment of such
check.”
Differences from Estafa by post-dating or
issuing a check:
1. Deceit and damage are essential
elements in Estafa, but are not
required in B.P. 22 
2. Under B.P. 22, mere issuance of a
check that is dishonored gives rise to
the presumption of knowledge on
the part of the drawer that he issued
the same without sufficient funds
and hence punishable. In Estafa,
good faith is a defense, such that the
issuance of a worthless check must
be done in bad faith for criminal
liability to attach.
3. A drawer of a dishonored check may
be convicted under B.P. 22 even if he
had issued the same for a
preexisting obligation, while under
Estafa, such circumstance negates
criminal liability.
4. In B.P. 22, the drawer has five (5)
banking days to make good the
three days.
 A single act can give rise to Estafa
and at the same time to a violation
of B.P. 22.