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)
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by anne
02 Feb 2008 at 21:49
atty, i have a friend who was filed stafa more than 5years ago, will his case still be active after many years he was out of no where?Will he be able to get his NBI clearance?thank you
by carl
04 Mar 2008 at 06:19
Dear Atty,
A lady issued a PDC to me for 150k for payment of money borrowed from me. Nevertheless, the check bears the owner’s signature. The check bounced twice because I submitted it twice. My Girlfriend and I kept all text communications with all parties involved showing they are aware the check bounced! Then the owner tried to claim, the check was stolen, except we reminded her of all text messages we had saved. Now, I would like to file a demand letter and file charges as well. Or better yet, just want to file charges. Where do I go or how do I go about with this process.
Thanks
Carl
by Sarah
17 Mar 2008 at 06:01
Dear Atty,
What does resolution mean for a BP22 Case? Please let me know.
by Sarah
17 Mar 2008 at 06:05
Hello Atty! Hope you’re doing well. Can you enlighten me re resolution for a BP22 case? Can they issue a hold departure order with having one? Please let me know. Thank you
by cherry
17 Mar 2008 at 16:38
sir,
Good day.. When i went broad the agency pushsed me to borrow money to the lending investment.Unfortunately, the company i where i worked abroad closed down and we are forced by the company to go back to the phils and i refused ,so what i did what i run away from the company (TNT)But to my surprise when i went back to the phil. my mother had a balance of 12,000 peso for my loan amounting to 42,000pesos. I was arrested last feb26 by the pasig police and give a bail of 13,000 pesos which the three police required me. NOw, when i visited the office of the lending company the money that im going to pay them reaches to 112,000pesos,… My god how can i pay it i am just a call center agent and a single mom with old parents. pls do give me an advice regarding this my first arraignment will be on June 17,2008
by Sarah
07 Apr 2008 at 20:56
Hello Cherry! How are you? May I know your email address? Just have a few questions from you. We might be able to give each other advices. Thank you.
by clarisa lascuna
25 Apr 2008 at 17:26
dear atty,
i issued 5 bouncing checks to a filipina friend in dubai. national bank of dubai s d name of my bank.b4 i went here in philippines.my contract were cancelled.my friend filed me a case but i won d case and the judge iand immigration officer n dubai gave me clearance.that s why im home now.
my question is can a filipina who have my 5 cheque can file a case for me here in the philippines?
by hollowpoint
25 Apr 2008 at 22:36
@clarisa lascuna
no, your filipina friend could no longer file it. you said that you already won the case in dubai.
by josef
27 Apr 2008 at 01:41
good day
can i file acase of bounce check after 90 days of the incashment day
ex
date of incashment may 1 .2007
can i file the case on aug 5 . 2007
by ella
28 Apr 2008 at 13:58
Dear Atty.,
Please confirm if indeed BP 22 circular has been abolished?
by dad
09 May 2008 at 20:35
I have a running court case for bp 22, will i be able to get an NBI clearance?
Thank you
by dad
09 May 2008 at 20:37
I have a running court case for bp22, can I get an NBI clearance? Thanks!
by baki
31 May 2008 at 17:38
may supoena na dumating po sa bahay, pero kapitbahay ko ang nakatranggap. pinapapasa ako ng counter affidavit 10 days mula ngayon. ano po ang gagawin ko?
thank you
by hollowpoint
31 May 2008 at 20:47
@baki
secure the services of a lawyer and if you cant afford one, try to check with PAO if you are qualified.
by harry
06 Jun 2008 at 03:26
My question is that i own a small business and i have a wrote couple of post dated checks to my suppliers for merchandise and they bounce because i am not having good business so my supplier didn,t wanted to take the merchandise back but they put to collection agency..and now collection agency is threatening me to take me to court and file a suit agianst me…so what should i expect ?? please help me….
by nikka
29 Jun 2008 at 16:29
atty. gd day a certain person i know copy my signature in a certain hotel and she pay me a close check for that can i used the case if i filed it and soon before that she issued many check can we make a group and filed her as large scale estafa we are more than 10 person right now thus are case will won
by bi
04 Jul 2008 at 10:01
dear atty.
so great you answer some comments here.
but can u enlighten us on the situation of dad on comment #33 & 34.
thank you
by patro
09 Jul 2008 at 19:38
Dear Atty.
I just made a loan application in a bank. After their CI, they said I have an outstanding case filed by BPI in February 2004. They are asking me to provide Court clearance resettlement of BP22 case. I am not aware that i am being charge, no notice was served to me. How can I trace the case filed against me? Things are now complicated because I am now working abroad and I don’t know where to start to trace this case filed against me.
by Ed
23 Jul 2008 at 13:55
Hi Atty.
I loan from a bank and paid it for almost 1 and half year although it was supposedly paid for 2 years. Due to financial constraint i wasn’t able to pay the remaining months. They don’t even bother to send me a written notice. I believed the contract has been finish April of this year. Then came a collecting agent asking me to pay for my unpaid account and that unpaid account has been triple the amount that suppose to be paid for.
What will i do? Please advise.
by Nyl
24 Jul 2008 at 21:55
Good evening to you, Atty.
My dad took a loan out from this company last year and requested me to be the co-maker since he said he’ll be able to pay the loan within the next month.
My dad works abroad. He barely communicates with us since he’s separated from my mom. Anyway, I don’t know how much money my dad borrowed and I don’t know where he used it. Everytime he’s late for a payment, one of the guys from the company contacts me and asks for the payment. Last March or April, I gave my dad’s contact info to one of the guys in charge of my dad’s loan so that they can communicate directly with each other.
Last week, a collection’s agent claiming that he works for the company’s legal department called me saying that my dad hasn’t paid for 4 consecutive months and that I needed to pay or else I’ll go to jail. There are bouncing checks involved and so he said the case against us is BP22 and Estafa. I informed him that I wasn’t aware of the situation since he barely calls us and that I will need to contact my dad first. He said that we will need to pay about 9,000 for some fees plus his amount due till this month.
I was finally able to talk with my dad just the other night. He said he’s been sick for quite some time and will have money to pay on the second week of August. Yesterday, two collectors, one being the head of the collections dept., came to our house and talked to me. I informed them the same thing I informed the guy that called me plus that my dad will be able to send money by the 2nd week of August. They threatened me that they have already paid the docket fee to pursue the case and that they’ll be issued with a warrant for my arrest along with getting all our stuff at home. First of all, I never received a subpoena or any kind of writing until the other day which was a statement of account for my dad’s loan. Second, like I said, my parents are separated and all the stuff we have at home were provided by my mom. They wanted me to go to their office today, pay the 9,000, and submit a letter declaring my dad as an incompetent payor and that I will pay in his behalf since another payment is due tomorrow. I’m 25 and I honestly don’t understand any of the legal things they talk about. I have a job but the salary I get is honestly not enough for all our expenses. My brother and I share in paying for all our bills, groceries, etc. so it’ll be really impossible for me to shoulder my dad’s loan.
Lastly, Atty., today the same guy that called me last week called me again and accused me of not wanting to pay. I told him that a couple of men came over yesterday and I relayed everything we’ve talked about plus the info my dad told me to him. He kept raising his voice at me and repeating that I will go to jail for not paying. I finally told him that when my mom called their company nobody has heard of him, as well as the legal department, and that he is just a collector. I think he got mad coz of what I said. The last thing he said to me before he hung up was “Ikaw na nga tinutulungan, ayaw mo pa. Bahala kang makulong!”
Atty., what shall we do? We’ve tried talking to them politely about the whole thing… That my dad can send money by the second week of August and we’ll pay them then. They don’t want to wait. They’re offering to restructure the payment terms up to three years but keep on insisting that I take over the loan in behalf of my dad and pay the 9,000 plus the amount due. Also, they said that they’ve already paid the docket fee and will only be waiting for the warrant of our arrest. What will happen to me? My dad? Kindly give me advise regarding this. Thank you, Atty. Hope to hear from you soon.
by tin
30 Jul 2008 at 16:11
how much po filing fee ng estafa if filed sa mtc?less than 7 thou lang po ung obligation na naincur atty.tnx.il wait for your reply
by mark
24 Sep 2008 at 16:36
may transaction ako sa kliyente ko nag issue sya ng 4 checks and all bounce but my company wants to file a case because the transaction is under my company. what case the company file me.
by Katherine Tolete
03 Oct 2008 at 12:30
I am so worried about the case that filed to me regarding Bouncing Check Law.
I was an OFW before year 2003. I applied through agency and advised me to apply for a loan through lending because my money in hand for placement fee was not sufficient to pay them. They refer me to Nippon Lending and was approved for a loan 42,000 pesos inculding the interests.
So my application for Taiwan was approved. After 9 months of working in Taiwan the company closed because stockholder issue and i failed to pay my monthly payment to Nippon. I have now a balance of 15,000 and was arrested last Feb. 2008 by the pasig police and pay the amount of 13,000 pesos to the ppolice for my immediate release.
Now the Lending is forcing me to pay the amount of 111,000 pesos for the balance i owe them of 15,000 pesos.
I need an immediate advise for I don’t know what to do. I am so bothered.
by mimi
10 Nov 2008 at 02:12
atty. good day…is it possible that the case bp 22 can have a promulgation if the issuer is no longer in the country? or can they issue warrant of arrest or hold departure order? another thing if the accused is willing to pay the issued amount of checque, is that the only amount to pe paid or more.
by iska5279
15 Nov 2008 at 12:00
atty, ngco-maker po ako last year at tinakbuhan ako nung pinagco-sign ko. so,kasi yung mismong principal borrower ndi nila hinabol e nasa nueva ecija lang nman yun, binigay na nmin yung address. so para iwas hassle sa part ko kahit ayaw ko magbayad, i started paying last feb to sept 2008, kaya lang nagstop ako at nakiusap kung pede ipay ko na lang pagnaka-pera na ulit. ayaw nila pumayag at idedemanda na daw nila ako for estafa. E 8K na lng naman yung balance ko. Possible pa rin ba nilang gawin yun? E continous naman yung payment ko, ndelay lang nito. Please advise. thanks po.