Posted on October 18, 2006 in Money & Finance
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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hi!
what can you say about “the issuance of bouncing checks penalized under the bouncing check law (BP. 22) should be decriminalized”?
Dear Atty,
Will you handle a case for bouncing checks? Have been issued 750KPHP worth of bounced checks. Not sure how to proceed. How much do you charge or can it be based on percentage of fines/ payment when the case will be found in my favor?
dear atty.
i am a law student, right now i’m having a hard time on how to start my legal research about the crime of estafa and bp 22. It would be appreciated any help you can extend regarding my research. i can see no conflicting issues regarding the two offense but i have to make an issue out of it, how’s that? so your earliest reply would solve the problem. thanks.
Dear Atty,
I purchase lpg refills from a refilling plant and its mandatatory to issue post dated checks for every purchase. When I had trouble with one check, the plant immediately stopped the pdc agreement and demanded that I pay in cash. I told them that if my credit terms were immediately stopped, I would have no funds to cover the other pdc’s. Is informing them before hand that the checks could not be funded a valid defense? ( I read a previous SC decision affirming this.)
Also, since the transactions covered by the checks were illegal, is it also a defense? The plant allows refilling of cylinders in violation of DOE and intellectual property laws.
Please comment.
Thanks,
Richard
Richard, these are questions properly addressed to your retained lawyer. I’m sorry but legal advice is not allowed here. I hope you understand.
Bing, I’m sorry that I’ve read this only now; just swamped with work. I’ll give it some thought and I’ll post any ideas that might come up. In the meantime, may I suggest that you post this at http://bar.attyatwork.com so that others could help. Good luck.
dear atty,
i have 10 checks and 3 of them bounced cause of closed acct.is there a way for me to file in the police or the court to arrest the person who issued me the said checks?
thank you
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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
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
Dear Atty,
What does resolution mean for a BP22 Case? Please let me know.
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
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