Batas Pambansa Blg. 22 – An act penalizing the making or drawing and issuance of worthless checks.

Punishable acts
1. Person who draws and issues a check knowing at the time of issue that he does not have sufficient funds
or credit in the drawee bank, which check is subsequently dishonored.
Elements:
a. the making, drawing, and issuance of any check for value;
b. the knowledge of the maker, drawer, or issuer that at the time of issuance he does not have sufficient
funds in or credit with the drawee bank; and
c. 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.

2. Person who, having sufficient funds or credit at the time when he issues a check, fails to keep sufficient
funds to cover full amount of check presented within 90 days from date appearing for which reason it is
dishonored by the drawee bank.
Elements:
a. That a person has sufficient funds with the drawee bank at the time they make or draws and issues a
check
b.
c. the knowledge of the maker, drawer, or issuer that at the time of issuance he does not have sufficient
funds in or credit with the drawee bank; and
d. 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 knowledge of insufficiency of funds: If the drawee bank refuses to pay or honor the check within
ninety (90) days from the date of the check, unless the maker pays the holder of the check the amount due, or
makes arrangements for payment in full by the drawee bank within five (5) banking days after receiving notice that
the check was dishonored.

Notice of dishonor:
1. must be written, printed, or stamped in plain language
2. expressly indicate the reason for the dishonor
3. identify the check dishonored (indicate check number, amount, date of issue, etc)
Note: The notice of dishonor 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

Penalty:
1. imprisonment of not less than thirty days but not more than one (1) year
2. 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,
3. OR both such fine and imprisonment at the discretion of the court.

Persons liable:
1. Maker, issuer or drawer of the check.
2. In cases 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.

Estafa in issuing a post-dated check (Estafa under Article 315 paragraph 2(d))
Elements
1. The offender has postdated or issued a check in payment of an obligation contracted at the time of the
postdating or issuance;
2. at the time of postdating or issuance of said check, the offender has no funds in the bank or the funds
deposited were not sufficient to cover the amount of the check;
3. the payee has been defrauded.

Note: Violation of BP 22 and Estafa for issuing a post-dated check could be filed simultaneously as long as elements
for both offenses are present.
- the filing of the two sets of Information under the provisions of Batas Pambansa Bilang 22 and under the
provisions of the Revised Penal Code, as amended, on estafa, may refer to identical acts committed by the
petitioner, the prosecution thereof cannot be limited to one offense, because a single criminal act may give
rise to a multiplicity of offenses and where there is variance or differences between the elements of an
offense is one law and another law as in the case at bar there will be no double jeopardy because what the
rule on double jeopardy prohibits refers to identity of elements in the two (2) offenses.

Differences between BP 22 and Estafa

BP 22 Estafa
Nature principally a crime against public interest as essentially a crime against property
it does injury to the entire banking system
Consideration Could be issued for a pre-existing obligation The fact that the check is issued for a pre-
existing obligation negates criminal liability
Good faith as a Mala prohibita – good faith is not a defense Mala in se – good faith is a defense and deceit
defense is an essential element of the crime
Knowledge of Prima facie evidence that there is knowledge Prima facie evidence that there is deceit arises
insufficiency of arises if there is failure to settle the if there is failure to settle the obligation within
funds obligation within 5 banking days from 3 days from receipt of notice of dishonor
receipt of notice of dishonor