BATAS PAMBANSA BLG.

22 - BOUNCING CHECK LAW

- An act penalizing the making or drawing and issuance of a check without sufficient
funds or credit and for other purposes.
- Nag-issue ka ng cheke na alam mong walang laman or hindi enough yung laman ng
account mo for such issuance.

Elements of the crime punished under bouncing checks law

1. Issuance of check for value
2. Knowledge of issuer at the time of issue that he does not have sufficient funds
3. Dishonor of check by drawee bank due to insufficiency of funds

Checks without sufficient funds

Any person who makes or draws and issues 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 payment of check in full upon presentment, which check is dishonored by
the bank for insufficiency of funds or credit, or would have been dishonored for the same
reason had not the drawer, without any valid reason, ordered the bank to stop payment.

Basically ang sinasabi nito is a check is part ng bouncing check law is issuing a check which
has no sufficient funds para ma-credit. A check without sufficient fund is a check dishonore
by the drawee bank because of lack of funds or credit. Such is true pag hindi mo inorder
yung bank to stop payment kahit pa alam mong hindi sufficient yung fund mo.

PENALTIES: Fine of ​not less than but not more than double the amount of check​ but
not exceeding 200,000​. Imprisonment of n​ot less than (30) days​ but ​not more than (1)
yea​r. Or ​BOTH

Same penalty shall be imposed upon any person who, having sufficient funds in or credit
with the drawee bank when he makes or draws and issues a check shall fail to keep
sufficient funds.

Basically sakop niya din yung nag-issue ng cheke na may sufficient amount sa account pero
hindi namaintain yung laman para mag-cover sa amount nung check.

Where the check is drawn by a corporation, company or entity, the person who actually
signed the check in behalf of such drawer shall be liable.

Kung kaninong pirma yung nakalagay doon sa face ng cheke siya yung liable sa batas.

EVIDENCE OF KNOWLEDGE OF INSUFFICIENT FUNDS

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 a bank, when presented within (90) days
from the 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,
or make arrangements for payment in full by drawee of such check within five (5) banking
days after receiving notice.

Yung mismong check na dishonored and presented 90 days after date of check is an
“accepted as correct until proved otherwise” evidence of knowledge of such insufficiency of
funds or credit. ​HOWEVER,​ if nabayaran na ni maker si holder, or nakausap na niya si bank
hindi ruled out na si check as an evidence.

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: ​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.

Duty ni bank na once prinesent sakanya yung check at irerefuse nya bayaran or i-dishonor
ito ay dapat stated yung reason for dishonor, such facts shall be explicitly stated in the notice
of dishonor or refusal. This will merit na prima facie evidence of making or issuance of said
check and due presentment and dishonored. Kahit pa may order to stop payment kelangan
pa rin mastate na walang sufficient funds sa banko para sa check, if it is true.

Credit Construed
Credit be interpreted as an arrangement or understanding with the bank for payment of such
check.
ESTAFA
- A criminal offense wherein a person (illegally obtain money by deception) by
- Unfaithfulness or abuse of confidence
- Deceit
- Fraudulent means
- Defrauds another causing him to suffer damage.

UNFAITHFULNESS OR ABUSE OF CONFIDENCE

1. Altering quality, quantity and substance of subject matter of contract
2. Misappropriation or converting goods of another
3. Taking advantage of signature in blank

DECEIT OR FRAUDULENT ACTS

1. Using fictitious name as means of deceit
2. Altering quality, fineness or weight of anything pertaining to art or business
3. By issuing unfunded check or postdated checks
4. Availing of services without paying

FRAUDULENT MEANS
1. Inducing another to sign any document
2. Resorting to some fraudulent practice to ensure success in gambling
3. Removing, concealing, or destroying in whole or in part, any record, office files,
document and other papers.

INDISPENSABLE ELEMENTS OF ESTAFA

1. Fraud
2. Resulting damage or intent to cause damage

DAMAGE OR INTENT TO CAUSE DAMAGE REQUIRED IN ESTAFA

1. Offended party of being deprived of money or property
2. Disturbance of property rights
3. Temporary prejudice

NOTE: IS IS STILL ESTAFA EVEN IF THE OBLIGATIONS BE BASED IS IMMORAL OR

ILLEGAL.
ESTAFA VS. BP 22
ESTAFA
Crime of Estafa is punished under the
Revised Penal Code
Estafa through DAIF: means of issuing a
bouncing check with the use of false
pretenses or fraudulent acts executed prior
to or simultaneously with commision of
fraud.
There is fraudulent intent
Ginawa mo siya with fraudulent
intent. Intent is material and
good faith may be used as
defense.
BP 22
It is punishable under BP 22
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
dishonored by the drawee bank for insufficiency of
funds or credit
Article Source: http://EzineArticles.com/9789816
Knowledge of insufficiency of
funds is presumed when it is
proved that issuer received a
notice of dishonor.
Basta nag-issue ka ng check
tapos hindi pala enough yung
balance.
ANTI-MONEY LAUNDERING ACT
- Promulgated to prescribe the procedures and guidelines for implementation of AMLA.