Bouncing Checks (B.P. 22)

Some people still have this misplaced confidence in the deterrent effect of Batas Pambansa (BP) Blg. 22, also known as the Bouncing Checks Law (full text here). Here are some things a layman should know:

1. The issuer is not automatically liable simply because the check “bounced”. A check 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. (Please see update on this matter at the Philippine e-Legal Forum).

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. 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. No warrant of arrest is issued unless the accused fails to appear when required by the court.

4. Even if a criminal case under B.P. 22 is filed, the court can’t issue a hold-departure order (HDO). 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.

(See also: Basic Reminders in Preventing Check Fraud)

159 comments

  1. ask lang po..wala po bang law sa Pilipinas na pwedeng mag protect po sa mga taong biktima ng mga networking businesses na nag rerequire po ng mga post dated checks para maka avail po ng mga pautang nila porduct. ito po ang reasons kung bkit po kami nagkaroon ng mga bounced checks.

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    1. walang law pero u can file a case for estafa sa kanila. Although legal ang networking pero ung cnasabi nilang yayaman ka ay nde totoo. so it can be a ground for estafa.

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  3. hi atty.. i issued checks without funds..my business went bankcrupt an i dont have assets.pls tell me what are my chances of getting into compromise \..thanks

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    1. Good day po Atty.
      Nakareceived po ako nang notice from law firm (collecting agency) informing to file case BP22 and to be blocked list sa NBI. Check been issued year 2011 and creceived a noticed 2016.
      Will this case cause me to be block list sa NBI? After almost 5 years from issuing makulongbpa din po ba ako?

      Waiting for reply po

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  4. Atty bp 22 ang case ko naka pag bail n PO ako ang total ng utang ko kasi 15 k pero nakapaghulog ako ng 9 k n napabayaan ko LANG PO ng almost a year n di nabayaran then now umabot n ng 27,500 ang babayaran ko sa kanila daw pero pag nakapay daw ako ng 20 k within this wk asap iuurong ang case what if wala PO ako pambayad agad ng 20k anu PO mangyayari any PO na dapat ko gawin wala pa kasi kming pera. Pls reply asap

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  5. good day,i barrowed money worth 19000 to a loaning company,i failed to pay it monthly bcoz i lost my job,they sent me letter for hearing last jan.pero walang judge na dumating,after that day nag hulog ako monthly pero sabi nung collector nila na wala lang daw ung hinuhulog ko,so i waited for the nxt hearing that was last may 4 2016,i failed to attend b coz my wife need to have check up of her breast,and now they said na wala daw cla pakialam kung may sakit ang asawa ko wala daw ba kamag anak asawa ko para sumama sa kanya and i said wala,..sabi nila pumunta nalang daw ako sa branch 16 para maka pag piyansa may warrant na daw kc ako,..iwant to know if its possible to have warrant for that small amount?and i want to know also what are my rights for how they treated me for that said amount?tnx

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