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)
Related Posts:- Bouncing Checks (BP 22): An Extended Discussion
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Tinkering with internet tools comes with the bonus of better understanding how existing laws apply to the third wave - that of technology, particularly the internet. This is also a great medium to disseminate and discuss ideas across borders, time, color or creed. 
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guys, i just got a message from a friend who does not want to be named. allegedly, the result of the bar will be released on 15 Feb. 2012. Same info. was also relayed by a supreme court insider at his class at ausl..Goodluck guys. I pray that all of you will gonna make it. Godbless.
To God be the Glory..
sa ganung situation, mas malaki ang sakit ng ulo ng nagpautang vs sa may utang, lalong lalo na kung wala kang pinanhahawakan, mapapagod ka talagang maningil. bounced checks/ promisorry notes are not strong guarantees, mahina yan, try to nego, pag tumawad cila, let say, they offer to pay u even just half, Grab it, dont think twice, para tapos na, wag mo na ipilit 100% recovery, it will be a long and tedious process, suma tutal baka wala pang 50% Neto mo if you will file case, pay legal fees, time, agony, etc. for example, if someone owns you 100k, and can only afford to pay 50k in the end, kagatin mo na, for sure di lang 50k ang gagastusin mo sa kaso, abogado, gasolina, panahon etc pag idadaan mo sa legal. at baka magkasakit kapa sa sama ng loob.
para naman sa mga may utang na walang pambayad, sa banko at sindicato lang kayo matakot dahil di kayo makakalusot talaga.
moral lesson: magpautang lang tayo pag may excess money , para di masakit pag di natin makolekta.
good evening.I have a problem regarding my long standing loan (P100,000) to my friend since 2007 till to date i issued a check and i asked a favor not to deposit the check and replaced it every 6 months and just paying the interest (5%) monthly,then last January , 2011 till july 15, 2011 i can’t paid the interest..so she deposited the check and it bounced and demanded me to pay the P100,000 plus the arrears interest Pwede ba hindi na ako magbayad since matagal na ako nagbabayad nang interrest kung isumatotal mas more than pa sa capital o sa P100,000 and nabayaran kong interrest at lahat pong checks payment ko nasa akin po pwede po ba gawin kong evidence in case magdemanda sya
atty,tulungan nyo po ako sa problema ko hindi ko alam ano gagawin,about bp22,cousin ko nangutang nasa hongkong cya nakulong,yong lending firm sa akin naningil co maker po ako tseke pinirmahan namin,saan ba ako hihingi ng gabay ano dapat gawin ,everytime may natanggap ako leter sa korte hindi ako maapunta sa maynila tinawagan ko na lng lending magbayad ako 20t mangungutang para cla mabayaran.sobrang pasakit na talaga.sa sa amout na 135t nakapagbayad na ako 112 sabi nila 100+ pa rin ang utang,ano ba yon saan napunta pinambayad ko ,tulungan nyo po ako
My brother-in-law’s family has appointed their older brother in Surigao as administrator of a commercial building. For over 20 years, the administrator has not turned in the income from the rent nor given any report.
Can he be charged with embezzlement? And if so, is that a criminal case?
Maraming salamat po ang Mabuhay po kayo.
I have a loan (around 60-70K)from lending company which required me to issue postdated checks from 2006 – 2008 (24 months), I could not recall the months. After paying the first 6 – 8 months installment, I failed to pay the next months and the checks bounced. They haven’t sued me in court for BP22 but they send demand letters every few months. Has the prescriptive period elapsed. Please advise, thanks!