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Bouncing Checks (BP 22) Print E-mail
Written by Pinoy, on 13-07-2007
Checks are commonly used in business. Some people, however, still have this misplaced confidence in the deterrent effect of Batas Pambansa (B.P.) Blg. 22, also known as the Bouncing Checks Law. Here are some things a layman should know:
 
1. The issuer is not automatically liable simply because the check “bounced”. A check (or "checque") generally “bounces” when dishonored upon presentment (reasons include, account closed, drawn against insufficient funds or DAIF). However, it is indispensable that the issuer must be notified in WRITING about the fact of dishonor, and he has 5 days from receipt to pay the value of the check or make arrangements for the payment thereof. This requirement, however, had been relaxed in one case.
 
2. Filing fees are generally not required for criminal cases. For B.P. 22 cases, however, the complainant is required to pay the filing fees (based on the value of the check/s and the damages claimed, just like in civil cases) upon filing of the case in court.

3. No warrant of arrest is issued unless the accused fails to appear when required by the court. One major deterrent against bouncing checks is the threat of a warrant of arrest being issued once the criminal case is filed in court. This is no longer true.

4. The court can’t issue a hold-departure order (HDO), even if a criminal case under B.P. 22 is filed. All violations of the Bouncing Checks Law, regardless of the amount involved, are filed only with the municipal/metropolitan trial courts. These courts cannot issue an HDO.

5. Courts have the discretion of imposing: (a) imprisonment only; (b) fine only; OR (c) both. It is entirely possible that only a fine, without imprisonment, is imposed.
Published in : Topics, Money and Finance

Users' Comments (3)
Posted by Eva Marie, on 09-02-2010,
when I was 22 years old, that was about 3 years ago, nagkabusiness po ako wherein pdc ang ini issue since one month to pay yung mga products. Di ko pa po nasesettle ngayon since kulang po ang sahod ko para makabayad. Plan ko po sanang simulang magbayad next month but according to them, nakademanda na daw po ako. May possibility po bang makulong ako? Bale yung accounts ko po e, P8,000, P30,000, and P14,000. 3 companies po kasi.
 

Posted by artemio jose, on 12-01-2010,
Just a query. 
 
My friend have left a personal loan unpaid for the past 6 months now.He has left UAE. He issued a post dated checques as well a blank checque as well as security.He had done it as it was the requirement before a personal loan can be granted.Am sure that by now, these checques bounced.Can the bank file a criminal case(it is considered criminal case in UAE),in our country based on BP 22? 
 
Thanks for any input.
 

Posted by meme, on 07-08-2009,
atty. nag issue po ako ng checks, an it so happened na nasunog ung house namin which is ung ground flr is the our warehouse of the business, because of ths accident, i decided to close my account and i had inform the suppliers not to deposit the checks. Considering the situation other suppliers understood the fortituous event happended, that's why they give us time to pay for our obligation. However, one of the suppplier deposited the checks issued to her. Am i guilty of estafa?
 

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