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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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.
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?
@clarisa lascuna
no, your filipina friend could no longer file it. you said that you already won the case in dubai.
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
Dear Atty.,
Please confirm if indeed BP 22 circular has been abolished?
I have a running court case for bp 22, will i be able to get an NBI clearance?
Thank you
I have a running court case for bp22, can I get an NBI clearance? Thanks!
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
@baki
secure the services of a lawyer and if you cant afford one, try to check with PAO if you are qualified.
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….
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
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
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.
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.
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.